Court : Punjab and Haryana
Reported in : 1951CriLJ261
..... been ordered to be deposited under section 8 is used for the purpose of printing or publishing any newspaper, book or other document containing any words, signsor visible representations which.... or which tend, directly or indirectly... -(h) to promote feelings of enmity or hatred between different classes of his majesty's subjects,....the provincial government may ..... to show, is just where the framers of the constitution intended it to be.cooley in his constitutional limitations, p. 605 has put the rights of the people as follows:we understand liberty of speech and of the press to imply not only liberty to publish, but complete immunity from legal censure and punishment for ..... as they hoped, revolution, in this country for the purpose of embarrassing and if possible defeating the military plans of the government in europe.37. in gitlew v. people of the state of new york, 268 u. section 652, the accused had been indicted for the statutory crime of criminal anarchy as defined in the new york .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H55
..... line of descendants has died out, it is treated as never having existed, the last male who left descendants being regarded as the propositus; 'thirdly', that a right of representation exists, whereby descendants in different degrees from a common ancestor succeed to the shares which their immediate ancestor, if alive, would succeed to; and 'fourthly', that females other ..... could he put in the interest of general public, the constitution did not provide for the imposition of such restriction to protect the interests of a smaller group of people only. reading article 19 in that way as a whole the only concept appears to be that the specified 'rights of a free citizen are thus controlled by ..... property in the family when they are unable to prevent an act of alienation by the holder of the estate. 21. in the punjab the vast majority of the people are governed by the agnatic theory of succession. in this connection section 5, punjab laws act. 1872 and the provisions of punjab act 2 of 1920 may be .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H133
..... each case. if on reading the ground furnished it is capable of being intelligently understood and is sufficiently definite to furnish materials to enable the detained person to make a representation against the order of detention it cannot be called vague.'but that case must be taken to have been explained by their lordships in 'dr. ram kishan's case ..... but also from pepsu and kajasthan. it is widely known that the members of your party and that of mukh ram are big schemers and do no cultivation themselves. people are mortally afraid of you and at your bidding do your cultivation. no one can pick up courage to appear as a witness against you. anyone who ever ..... the 15th ground is as follows : 'i have been myself to sadalpur and the 'ilaqa',and have made extensive enquiries from the people about this age-long enmity between the parties. i am convinced that the people in general of village sadalpur and dhand, who are extremely poor and best cultivators in the whole district, have to suffer on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1955P& H92
..... distinctly and speedily known.'' it was, therefore, held by the supreme court that because of the provisions of article 329(b) of the constitution of india and section 80 representation of the people act, 1951, the high court had no jurisdiction to interfere with the order of the returning officer, and also it was stated that where a right or liability is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H83
..... behalf of the petitioners (but the allegation is denied by the learned advocate-general) that the government have abandoned their intention of acquiring the remaining land on the representation of the villagers of those lands. the fact, however, remains that the original notification in respect of all the eleven villages is still in force and the ..... property (temporary powers) act, 1948 the lands of certain villagers were acquired for the capital project and these persons were rehabilitated by giving land which was requisitioned from other people. the court held that this was a public purpose.6. in -- 'state of bombay v. bhanji munji', (s) air 1955 sc 41 (b), their lordship ..... of large areas of land. as the result of this acquisition thousands of persons were displaced. the advocate-general informed us that as many as 30,000 people had to move out of their villages and the government had therefore to make provision for them elsewhere. the government accordingly issued a notification on 22-11- .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H85; 1956CriLJ415
..... to crime and other objectionable matter. the objectionable matter is defined in section 3 which reads :'3. in this act, the expression 'objectionable matter' means any words, signs or visible representations which are likely to- (i) incite or encourage any person to resort to violence or sabotage for the purpose of overthrowing or undermining the government established by law in india ..... recruiting of persons to serve in any such force or prejudice the discipline of any such force; or (v) promote feelings of enmity or hatred between different sections of the people of india; or which- (vi) are grossly indecent, or are scurrilous or obscene or intended for blackmail.' the explanation ii given in this section reads as follows : 'in judging whether .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H65
..... and limitation runs from that date and that an execution application returned for furnishing the proper stamp-paper has no legal existence until it is re-presented and if the representation is after the period of limitation, it does not acquire the status of a petition calling for an order unless the delay is excused. it was also held that in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H30
..... the two conflicting proposals. neither i think, that the company should go into liquidation, nor can i approve of the scheme, in the absence of fuller information, and more adequate representation of the members. i do not feel satisfied in my mind that the proposed arrangement judged from the standard of a man of business, is fair and reasonable. under these ..... courts will not shirk their responsibility in the matter, should not relax their vigil and must not content themselves by just registering the resolution passed by the requisite majority. (see peoples bank of northern india ltd., lahore, in the matter of, air 1933 lah 51 (f); in the matter of calcutta industrial bank, ltd., 52 cal wn 425 (g); in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H379; 1959CriLJ1022
..... so as to run as under : 'whoever- (a) makes any speech, or (b) by words, whether spoken or written, or by signs, or by visible or audible representations or otherwise publishes any statement, rumour or report, shall (a) if such speech, statement, rumour or report undermines the security of the state, undermines friendly relations with foreign states, ..... offensive to decency or modesty, 11. in its general sense, decency means propriety or seemliness of action, speech, etc., conforming to the standards in vogue among civilized people. but the words 'decency or morality' used in the context of section 9 do not refer 'to vague or general standards of appropriateness, in conformity with what is ..... could be made use of for that purpose. the utmost that can be said isthat the allegations in the pamphlets are calculated to undermine the confidence of the people in the proper administration of justice in the state. but it is too remote a thing to say, therefore, that the security of the state or the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H409
..... decide those issues first.it cannot decline to decide those issues on extraneous grounds, for example that piecemeal decision of suits is not desirable or that the representation of the people act, 1951, requires that election petitions should be disposed of expeditiously. the court has discretion to determine whether the occasion for the exercise of the power ..... paper filed by santa singh should not have been rejected by the returning officer? was the same improperly rejected?'13. the relevant portions of section 100 of the representation of the people act, 1951, are as follows :-'100(1) subject to the provisions of sub-section (2), if the tribunal is of opinion- (a) that on ..... the legislative assembly if he is less than 25 years of age. the said santa singh candidate, therefore, has not fulfilled the provisions of section 36 of the representation of people act, 1951, as modified up to august, 1956, and as such, it is 'in my opinion a material defect.'15. mr. daphtary contends that prima .....
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