Court : Supreme Court of India
Reported in : [1950]SuppSCR102
..... support of the order of detention. the result is that the only safeguard which was provided for in section 4 (1) and which entitled a detenu to make an effective representation by way of reply to the allegations made against him is wholly taken away. we may state here that we are not called upon to determine in the present case ..... writing to such authority against the order and it shall be the duty of such authority to inform such person of his right of making such representation and to afford him the earliest practicable opportunity of doing so.' 22. to this sub-section a proviso is added which lays down that : 'where the provincial government is ..... the order of detention are to be disclosed to the person affected by the order and the latter would have a right of representation by way of reply to the allegations made against him. the grounds and the representation are then to be placed before any advisory council constituted in a particular manner and on the report of the advisory council, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC27; 1950CriLJ1383; (1950)IIMLJ42(SC); [1950]1SCR88
..... person detained. it has also been empowered to examine the material placed before it in the light of the facts and arguments contained in the representation. the opportunity afforded is not as full as a person gets under normal judicial procedure but when the constitution itself contemplates a special procedure being ..... due process' clause was simultaneously gaining importance. roughly speaking, police power may be defined as 'a right of a government to regulate the conduct of its people in the interests of public safety, health, morals and convenience. under this authority, a government may make regulations concerning the safety of building, the regulation ..... the judiciary their respective powers in the constitution, reserved to themselves certain fundamental rights, so-called, i apprehend, because they have been retained by the people and made paramount to the delegated powers, as in the american model. madison (who played a prominent part in framing the first amendment of the american .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC41; (1951)53BOMLR499; [1951]21CompCas33(SC); [1950]1SCR869
..... of the circumstances under which it was passed and the reasons which necessitated it. 13. a reference of the parliamentary proceedings shows that some time ago, a representation was made on behalf of a section of the shareholders of the sholapur company to the registrar of joint stock companies in bombay, against the conduct of ..... founded on a valid basis of classification, that its discriminations were based upon adequate grounds and that the law was passed for safeguarding the needs of the people and that, therefore, the onus was upon the petitioner to allege and prove that the classification which he challenged did not rest upon any reasonable basis but ..... 152, 157, in which the relevant passage runs as follows :- 'it must be presumed that a legislature understands and correctly appreciates the need of its own people, that its laws are directed to problems made manifest by experience and that its discriminations are based upon adequate grounds.' 11. the onus is therefore on the petitioner .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC157; 1951CriLJ373; (1951)IMLJ389(SC); [1951]2SCR167
..... particulars or details relating to the grounds originally communicated, or the person under detention availing himself of such particulars and making a better or a further representation. nor is there anything to prevent such person from asking for, or the authority from providing, further and better particulars of those grounds where it ..... is the duty on the part of the detaining authority to furnish grounds and the duty to give the detained person the earliest opportunity to make a representation, which obligations, as shown above, are correlated, there exists no express provision contemplating a second communication from the detaining authority to the person detained. ..... a correct interpretation thereof are found to be inadequate for the protection of the liberty of the detenus it is their misfortune. the constitution which the people have given unto themselves is the supreme law and must be upheld and obeyed whether or not one likes its provisions, inhibitions and necessary implications. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1952SC64; (1952)IMLJ775(SC); [1952]1SCR218
..... to be presented after the election is over, and there is no remedy provided at any intermediate stage. 20. it was argued that since the representation of the people act was enacted subject to the provisions of the constitution, it cannot bar the jurisdiction of the high court to issue writ under article 226 of ..... really a code in itself providing the entire ground work for enacting appropriate laws and setting up suitable machinery for the conduct of elections. 16. the representation of the people act, 1951, which was passed by parliament under article 327 of the constitution, makes detailed provisions in regard to all matters and all stages connected with ..... court under article 226 of the constitution for the following reason - scrutiny of nomination papers and their rejection are provided for in selection 36 of the representation of the people act, 1951. parliament has made this provision in exercise of the powers conferred on it by article 327 of the constitution which is 'subject to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1952SC196; 1952CriLJ966; (1952)IIMLJ135(SC); [1952]1SCR597
..... reach the members of the association declared unlawful and if the time fixed expired before they knew of such declaration, their right of making a representation, which is the only opportunity of presenting their case, would be lost. yet, the consequences to the members which the notification involves are most ..... encourage, promote, diffuse and popularise useful knowledge in all sciences and more specially social science; (b) to encourage, prompt diffuse and popularise political education among people; (c) to encourage promote and popularise the study and under standing of all social and political problems and bring about social and political reforms; and ( ..... and void, and quashing government order no. 1517, public (general) department, dated 10th march, 1950, whereby the state government declared a society called the people's education society an unlawful association. 2. the respondent, who was the general secretary of the society, which was registered under the societies' registration act, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1952SC339; [1952]1SCR744
..... proviso was added by a notification to the following effect : 'provided that the controller, before requiring the house for any of the purposes stated above, shall take into consideration such representation, if any, as may be by the owner regarding his bona fide requirements for personal occupation. then comes sub-clause (4) which reads as follows :- (4) if the house is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC215; 1953(1)BLJR318; [1953]4SCR1129
..... bihar, constituted under bengal act ix of 1879. on 19th july, 1946, the appellants, who are two brothers and are distantly related to the maharani, made a representation to the government of bihar through the manager of the estate, praying for settlement in riayati right, of 200 bighas of land preferably in sathi farm or materia farm along ..... presumption is in favour of the constitutionality of a legislative enactment and it has to be presumed that a legislature understands and correctly appreciates the needs of its own people. but when on the face of a statute there is no classification at all, and no attempt has been made to select any individual or group with ..... in the locality against the appellants' possession of the lands which led to breach of the peace and institution of criminal cases'. whenever, then, a section of the people in a locality, in assertion of an adverse claim, disturb a person in the quite enjoyment of his property, the bihar government would seem to think that it is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC210; (1953)IMLJ702(SC); [1953]4SCR1144
..... , for, such a disqualification is no ground for challenging the election by an election petition under article 329 of the constitution read with section 100 of the representation of the people act, 1951. if this is an anomaly, it arises out of a lacuna in the latter enactment which could easily have provided for such a contingency, ..... disqualified him both for being chosen as, and for being, a member of the legislative assembly under article 191(1)(e) read with section 7 of the representation of the people act, 1951, passed by parliament, the period of five years since his release on 15th august, 1947, not having elapsed before the date of the election. ..... constituency of the madras legislative assembly, and the respondent, desiring to offer himself as a candidate but finding himself disqualified under under section 7(b) of the representation of the people act, 1951, as five years had not elapsed from his release, applied to the commission on 2nd april, 1952, for exemption so as to enable him .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC10; 1953(1)BLJR600; 1954CriLJ238; (1953)IIMLJ231(SC); [1953]4SCR1169
..... , the high court held, could also be made by reason of the fact that the charges against the judicial officers in the present case were embodied in a representation made to authorities who were the official superiors of the officers concerned and under whose administrative control the latter acted. 9. the learned attorney-general who appeared in support ..... ability of the judges. such conduct is punished as contempt for this reason that it tends to create distrust in the popular mind and impair the confidence of the people in the courts which are of prime importance to the litigants in the protection of their rights and liberties. 12. there are decisions of english courts from early ..... interests would be very much affected if by the act or conduct of any party, the authority of the court is lowered and the sense of confidence which people have in the administration of justice by it is weakened. 11. there are indeed innumerable ways by which attempts can be made to hinder or obstruct the due .....
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