Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 135b grant of paid holiday to employees on the day of poll Sorted by: recent Page 1 of about 1,480 results (0.183 seconds)

M/s Apex Laboratories P. Ltd. Vs. The Deputy Commissioner Of Income Ta ...

Court : Supreme Court of India

..... the decision of this court in jamal uddin ahmad v. abu saleh najmuddin & anr24 is of some relevance. there, the scope of section 81 of the representation of the people act, 1951 was examined in the light of powers of the high court to administer election petitions by invoking the rule of implied prohibition. the court observed ..... , which lies at the heart of the many issues concerning interpretation of statutes.34. interpretation of law has two essential purposes: one is to clarify to the people governed by it, the meaning of the letter of the law; the other is to shed light and give shape to the intent of the law maker. ..... follow and adhere to the stipulations given below: (a) gifts: a medical practitioner shall not receive any gift from any pharmaceutical or allied health care industry and their sales people or representatives. (b) travel facilities: a medical practitioner shall not accept any travel facility inside the country or outside, including rail, road, air, ship, cruise tickets, .....

Rahematulla Haji Abdul Latif Vs. Yuvraj and Others

Court : Mumbai Aurangabad

..... annexures thereto, pleadings in the election petition, judgment and order impugned in the civil revision application, provisions of the code of civil procedure and the representation of people act, 1951 and also the judgments of the hon'ble supreme court cited across the bar by the counsel for the revision applicant and the ..... relying upon the pleadings in the petition, reasons assigned by the civil judge, senior division, dhule, the provisions of the code of civil procedure and the representation of people act, 1951 and the judgments of the supreme court in the case of v.s. achuthanandan (supra), ponnalalakshmaiah (supra), sardarharcharan singh brar (supra), and ..... that, if the material facts constituting foundation of the case are set up by election petition, in that case the requirement of section 83 of the representation of people act, 1951, i.e. 'the petition shall contain a concise statement of material facts' has been satisfied. therefore, the learned counsel appearing for the .....

Bhagyoday Janparishad (Registered Ngo) Through President Vs. State of ...

Court : Gujarat

..... of gujarat, to be held in december 2012. according to the said programme, the official notification under the provisions of section 15 of the representation of the people act, 1951 shall be issued on 17th november 2012. the election commission of india has issued instructions on election expenditure monitoring for the forthcoming legislative ..... under article 324 can be made applicable prior to the issuance of the notification for election under the provisions of section 14 or 15 of the representation of the people act, 1951. (d) whether the election commission while issuing guidelines is entitled to prescribe rules, regulations, guidelines etc. which would amount to ..... cannot have a restrictive meaning to confine the superintendence, control, and direction of elections only from the dates as specified under section 77 of the representation of the people act, 1951. 4. the model code of conduct, framed in january 1991 has, though been framed with consensus of political parties, it does .....

Prasant Kumar Bisoi. Vs. Tripati Bisoi and ors.

Court : Orissa

..... election commission.(2)in the absence of any provision in this act or the rules made there under the provisions contained in the representation of the people act,43 of 1950 and the representation of the people act,1951 shall mutatis mutandis apply for the purposes of election to samitis in the following matter, namely: (i) preparation, ..... for the petitioner since there is no provision with regard to cessation of the disqualification in the samiti act, the provision contained under section 8 of the representation of people act shall be fully applicable. section 16-b of the panchayat samiti act reads as follows: "16-b.superintendence, direction and control of elections to ..... also, the specific disqualifications having been prescribed under section 45 of the samiti act, there is no scope for reading of the provision contained in the representation of the people act by application of section 16-b of the samiti act. the election being a creation of the statute, all disputes shall be confined to .....

Tukaram S. Dighole Vs. Manikrao Shivaji Kokate

Court : Supreme Court of India

Reported in : AIR2010SC965,JT2010(1)SC631,2010(2)SCALE109

..... respondent is liable to be quashed and set aside under sections 100(1)(d)(ii) and 100(1)(d)(iv) of the representation of people act, 1951 for the reasons set out in paragraphs 9 to 18 of the election petition?(3) whether the petitioner proves that ..... of the law. though the purity of the election process has to be safeguarded and the court shall be vigilant to see that people do not get elected by flagrant breaches of law or by committing corrupt practices, the setting aside of an election involves serious consequences ..... petition no. 13 of 2004, whereby the election petition preferred by the appellant, challenging the election of the respondent to the house of people (lok sabha) from 69, sinnar parliamentary constituency in the state of maharashtra has been dismissed.2. briefly stated, the material facts giving ..... d.k. jain, j.1. this appeal under section 116a of the representation of the people act, 1951 (for short 'the act') is directed against the final judgment and order dated 25th january .....

Laxmi Kant Bajpai Vs. Hazi Yaqoob and ors.

Court : Supreme Court of India

Reported in : JT2009(15)SC315; 2009(14)SCALE447; 2010(1)LC149(SC)

..... constituency or constituencies on the ground that the electoral rolls were defective. that is not a ground available for challenging an election under section 100 of representation of people act, 1951. the finality of the electoral rolls cannot be assailed in proceeding challenging the validity of an election held on the basis of such ..... officer could amend the electoral rolls after the last date for filing of nominations was over. the provision in question was section 23(3) of the representation of peoples act, 1950, which specifically barred any alteration in the electoral roll after the date of filing of nomination was over. the court reiterated the principle ..... legislative assembly. his elections had been called in question before the allahabad high court by the defeated candidate by filing election petition under the provisions of representation of people act, 1951. petition is rejected by the allahabad high court by its order dated 12.5.2008.2. we may now briefly state the material .....

Sanjay Dutt Vs. State of Maharashtra Tr. Cbi, Bombay

Court : Supreme Court of India

Reported in : 2009(57)BLJR1608; 2009(111)BomLR2116; 2009CriLJ2785; (2009)3GLR1833(SC); JT2009(4)SC614; 2009(4)SCALE369; (2009)5SCC787; 2009(4)LC2036(SC)

..... case, the petitioner was a sitting mp and he could have continued as an mp even after his conviction and sentence in view of section 8(4) of the representation of people act, 1951. the petitioner in navjot singh sidhu's case (supra) resigned and expressed his desire to contest the election. in fact, that was a case where ..... favourable circumstances, we do not think that this is a fit case where conviction and sentence could be suspended so that the bar under section 8(3) of the representation of people act, 1951 will not operate against the petitioner. law prohibits any person who has been convicted of any offence and sentenced to imprisonment for not less than two ..... this case is not entitled to any such relief in view of the serious crime allegedly committed by him. it was argued that under section 8(3) of the representation of people act, 1951, any person who has been convicted of any offence and sentenced to imprisonment for not less than two years, except any offence referred to in sub .....

People's Union for Civil Liberties and Anr. Vs. Union of India (UOi) a ...

Court : Supreme Court of India

Reported in : (2009)5MLJ587(SC); 2009(3)SCALE22; (2009)3SCC200; 2009(2)LC850(SC):2009AIRSCW2819

..... union of india (supra) on which reliance has been placed by the learned additional solicitor general, the constitution bench examined the petitioner's challenge to the representation of people (amendment) act 40 of 2003 by which the requirement of domicile in the concerned state for getting elected to the council of states was deleted. the ..... election by clandestinely providing funds in the form of black money to the political parties, parliament amended the companies act, income-tax act and the representation of the people act. the object of these amendments was to bring transparency in election-funding. common cause, a society registered under the societies registration act filed petition ..... law, nor in equity but is a statutory proceeding to which only statutory rules apply. the statute concerned with the election matters is the representation of the people act which is a complete and self-contained code and within it must be found any rights claimed in relation to an election or an .....

Tamil Nadu Petroproducts Employees Union, Rep. by Its General Secretar ...

Court : Chennai

Reported in : (2007)3MLJ284

..... account of a holiday being granted. it is stated that if any employer contravenes these stipulations, then he shall be punishable with fine under section 135(b) of the representation of the peoples act, 1951 [for short, r.p. act]. 3. at the outset, it must be stated here that the circular dated 11.10.2006 issued by the second respondent communicating ..... the day of poll-(1) every person employed in any business trade, industrial undertaking or any other establishment and entitled to vote at an election to the house of the people or the legislative assembly of a state shall, on the day of poll, be granted a holiday.(2) no deduction or abatement of the wages of any such person shall .....

Shrikant Vs. Vasantrao and ors.

Court : Supreme Court of India

Reported in : AIR2006SC918; 2006(2)ALT44(SC); (2006)108BOMLR320; JT2006(1)SC394; 2006(2)MhLj1; 2006(I)OLR(SC)393; 2006(1)SCALE344; (2006)2SCC682; 2006(1)LC357(SC)

..... on the grounds of equity or logic or perceived legislative intention. a combined reading of article 191 of the constitution of india and chapter iii of the representation of the people act, 1951 makes it clear that a person can be held to be disqualified for being chosen as, and for being, a member of the legislative ..... is not generally permissible.we think that the language as well as the legislative history of articles 171 and 173 of the constitution and section 6 of the representation of people act, 1951, enable us to presume a deliberate omission of the qualification that the representative of the graduates should also be a graduate. in our opinion, ..... state. apart from specifying four grounds of disqualifications, it provides that a person can be disqualified by or under any law made by the parliament. the representation of the people act, 1951, a law made by the parliament, has introduced six disqualifications for a person being chosen as and for being member of legislative assembly of .....