Court : Supreme Court of India
Reported in : AIR1963SC1241; [1964]1SCR371
..... period. article 368 provides for the amendment of the constitution; and in regard to certain provisions thereof, such as the lists in the seventh schedule, the representation of the states in parliament, the amendment shall also require to be ratified by the legislatures of not less than one-half of the states by a ..... of the constitution : vide art. 368. 87. the foregoing resume of the provisions of the constitution reveals the following picture : the political sovereign is the people of india and the legal sovereignty is divided between the constitutional entities i.e., the union and the states, who are juristic personalities possessing properties and functioning ..... democratic republic. india is described as a union of states. the preamble to the constitution indicates that the political sovereignty of the country rests in the people of india and the legal sovereignty is divided between the constitutional entities of the republic of india, namely, the union and the different states. part v .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All63
..... in the present petition. in the present case, the statute requires that the appellant shall have an opportunity of showing cause. he demanded a public enquiry almost in every representation that he had to make to the govt. from time to time. it may be that he was not entitled to a public enquiry, bat i cannot agree that ..... or a judge. to act as a court or a judge necessarily involves giving an opportunity to the party who is to be affected by an order to make a representation, making some kind of inquiry, hearing and weighing evidence, if any, and considering all the facts and circumstances bearing on the merits of a controversy, before any decision ..... given of showing cause the opportunity must be adequate. in the present case, all that the govt. did was to ask for a mere representation from the applicant within a certain time. enabling a mere representation to be made is not the same thing as giving an opportunity of showing cause. the expression 'showing cause' connotes an opportunity of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2010]153CompCas497(SC); JT2009(3)SC216; 2009(3)SCALE451; (2009)4SCC94; (2009)12VatReporter137; (2009)21VST505(SC); JT2009(1)SC216
..... notice. if the bank or financial institution comes to the conclusion that the representation/objection of the borrower is not acceptable, then reasons for non acceptance are required to be communicated within one week. sub-section (4) of section 13 specifies various modes which ..... the details of the secured assets intended to be enforced by bank or financial institution. sub-section (3-a) of section 13 lays down that the borrower may make a representation in response to the notice issued under section 13(2) and challenge the classification of his account as non-performing asset as also the quantum of amount specified in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534
..... of such seats available for the academic session immediately preceding the date of the coming into force of this act.(2) where, on a representation by any central educational institution, the central government, in consultation with the appropriate authority, is satisfied that for reasons of financial, physical or ..... states supreme court. the two grounds are as follows:1. remedial justification: all efforts aimed at remedying past injustices against certain identified groups of people, who were unlawfully discriminated against in the past, serve as adequate justifications and all affirmative action programmes that are implemented with this aim serve ..... minimize the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations'. under article 46, 'the state shall promote with special care the educational and economic interests .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR2364
..... financial assistance of the bank for these units also, each of whom had been incorporated as a separate company under the act. its further case is that acting on the representation of hgl and in particular the chairman and managing director sri b.t. shankar hegde (hereinafter referred to as 'sri hegde'), it gave financial assistance in different ways to hgl .....
Tag this Judgment!Court : Supreme Court of India
..... indian society. samajik ekta party intervener ia no. 4/2009 the applicant is a political party registered by the election commission of india under sec 29a, representation of people act, 1951 vide order dt. 20.4.1995. it is interested in the welfare of the citizens, their rights, functioning of the state and interest ..... who indulge in carnal intercourse in the ordinary course and those who indulge in carnal intercourse against the order of nature constitute different classes and the people falling in the later category cannot claim that section 377 suffers from the vice of arbitrariness and irrational classification. what section 377 does is merely to ..... participate or not participate in a sexual activity. by making certain sexual relations between consenting adults a crime, section 377 by its existence demeans and degrades people and imposes an examination on sexual intercourse. this is regardless of whether it is enforced. by denying sexual expression which is an essential experience of a .....
Tag this Judgment!Court : Delhi
..... a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/2011 & 145/2012 pg. 152 scrutiny of nomination under the representation of people act, 1951 in the context of fixation of the date by reference to which the disqualifications under sections 8(1)(2) and (3) of the said act ..... from a criminal defence counsel's ineffectiveness, must consider the totality of the evidence. when an accused challenges a death sentence on the ground of prejudicially ineffective representation of the counsel, the question is whether there is a reasonable probability that, absent the errors, the court independently reweighing the evidence, would have concluded that ..... time consuming. (iii) compensation depends upon financial capacity of the accused to compensate for which evidence is rarely collected. (iv) victims are unable to make a representation for compensation for want of legal aid or otherwise. (v) conviction rates being low, section 357 is hardly adequate to address the needs of the victims."299. .....
Tag this Judgment!Court : Delhi
..... a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/2011 & 145/2012 pg. 152 scrutiny of nomination under the representation of people act, 1951 in the context of fixation of the date by reference to which the disqualifications under sections 8(1)(2) and (3) of the said act ..... from a criminal defence counsel's ineffectiveness, must consider the totality of the evidence. when an accused challenges a death sentence on the ground of prejudicially ineffective representation of the counsel, the question is whether there is a reasonable probability that, absent the errors, the court independently reweighing the evidence, would have concluded that ..... time consuming. (iii) compensation depends upon financial capacity of the accused to compensate for which evidence is rarely collected. (iv) victims are unable to make a representation for compensation for want of legal aid or otherwise. (v) conviction rates being low, section 357 is hardly adequate to address the needs of the victims."299. .....
Tag this Judgment!Court : Delhi
..... a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/2011 & 145/2012 pg. 152 scrutiny of nomination under the representation of people act, 1951 in the context of fixation of the date by reference to which the disqualifications under sections 8(1)(2) and (3) of the said act ..... from a criminal defence counsel's ineffectiveness, must consider the totality of the evidence. when an accused challenges a death sentence on the ground of prejudicially ineffective representation of the counsel, the question is whether there is a reasonable probability that, absent the errors, the court independently reweighing the evidence, would have concluded that ..... time consuming. (iii) compensation depends upon financial capacity of the accused to compensate for which evidence is rarely collected. (iv) victims are unable to make a representation for compensation for want of legal aid or otherwise. (v) conviction rates being low, section 357 is hardly adequate to address the needs of the victims."299. .....
Tag this Judgment!Court : Delhi
..... a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/2011 & 145/2012 pg. 152 scrutiny of nomination under the representation of people act, 1951 in the context of fixation of the date by reference to which the disqualifications under sections 8(1)(2) and (3) of the said act ..... from a criminal defence counsel's ineffectiveness, must consider the totality of the evidence. when an accused challenges a death sentence on the ground of prejudicially ineffective representation of the counsel, the question is whether there is a reasonable probability that, absent the errors, the court independently reweighing the evidence, would have concluded that ..... time consuming. (iii) compensation depends upon financial capacity of the accused to compensate for which evidence is rarely collected. (iv) victims are unable to make a representation for compensation for want of legal aid or otherwise. (v) conviction rates being low, section 357 is hardly adequate to address the needs of the victims."299. .....
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