Court : Supreme Court of India
Reported in : AIR1964SC254; [1963]33CompCas1132(SC); [1964]4SCR311
..... election tribunal accordingly allowed the election petition and declared that the election of the appellant to the house of the people was void. there was an appeal to the high court under s. 116-a of the representation of the people act, 1651. the high court dismissed the appeal, but granted a certificate of fitness under art. 133( ..... the right to receive fees or remuneration as director of the said corporation. 3. in february - march, 1962, the appellant was elected to the house of the people from constituency no. 34 (burdwan parliamentary constituency) which is a single member constituency. the election was held in february, 1962. there were two candidates, namely, the ..... 1)(c) of the constitution. 5. the only question before us is whether the appellant was disqualified from being chosen as, and for being, a member of the house of the people under art. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC334; 1964CriLJ257; [1964]4SCR921
..... of grounds was served on him, and that makes the communication of the grounds materially defective; it also affected the petitioner's right to make an effective representation. these infirmities in the notice, says mr. garg, make the order of detention invalid. it has also been suggested that the petitioner was in fact denied ..... . similarly, if some of the grounds supplied to the detenu are so vague that they would virtually deprive the detenu of his statutory right of making a representation, that again may introduce a serious infirmity in the order of his detention. if, however, the grounds on which the order of detention proceeds are relevant ..... before the detaining authority which showed that the petitioner was indulging in anti-social activities and that in pursuance of the said activities, he had threatened many people with assault and in fact had assaulted them. these grounds further show that the petitioner had disturbed public order in areas within faridpur, andal, raniganj and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1366; 1964MHLJ233(SC); [1964]5SCR12
..... question to be considered is whether the publication of the leaflets amounts to commission of a corrupt practice within the terms of s. 123(4) of the representation of the people act, 1951. section 123 sets out what the diverse corrupt practices recognised by the act are. clause (4) defines a corrupt practice by publication of ..... annexures 'd' & 'e'. 3. the petition was referred for trial by the election commission to the election tribunal, ratlam, under s. 86 of the representation of the people act. mohan singh by his written statement denied that he had published the leaflets and submitted that the leaflets which appeared to have been published by the electorate contained ..... largest number of votes at the election, and he was declared elected. 2. bhanwarlal applied under s. 80 read with sections 100 and 101 of the representation of the people act (43 of 1951), to the election commission of india for an order declaring the election of mohan singh void, and mohan singh disqualified because of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1761; [1964]51ITR345(SC); [1964]5SCR590
..... and obligations. the legal representative of a deceased person cannot vote on behalf of the shareholder and may not become a director of the company on the strength of the representation alone. again by the express provision contained in s. 35 of the indian companies act, 1913, a transfer of the share or other interest of a deceased member by his ..... a result of some transaction inter vivos in a person in whose name the shares do not stand in the company's register, but not where by the grant of representation to the estate of a registered shareholder who has died, the representative is invested, without his name being entered in the register, with the rights of the shareholder. 10. whether .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1099; [1964]6SCR129
..... the course of my judgment. it would be convenient at the outset to read the relevant provisions of the act and those of the limitation act. 20. the representation of the people act, 1951. 21. decision of the tribunal : section 98. at the conclusion of the trial of an election petition the tribunal shall make an order :- ..... art. 156 in the calcutta and madras decisions to which we have referred were upheld, there could be no controversy that an appeal under s. 116a of the representation of the people act would be 'under the code of civil procedure', for s. 166a(2) enacts, to read the material portion : '116a. (2) the high court ..... article 151and article 153.------------------------------------------------------------------------ 7. the argument was that though the right of appeal in the case before us was conferred by s. 116a of the representation of the people act and it was by virtue thereof that the appeal was filed by the respondent to the high court, it was still an appeal 'under the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1200; 1964MPLJ801(SC); [1964]6SCR54
..... error was eliminated, he himself had obtained a majority of lawful votes. the question of law that was debated before us was whether on the scheme of the representation of the people act, 1951, jabar singh was entitled to make such a plea and claim to adduce proof in support thereof in order to sustain his election without filing a ..... which i shall indicate later, i regret my inability to agree with the construction which my learned brethren have placed on s. 100(1)(d)(iii) of the representation of the people act which for shortness i shall call the act on which in ultimate analysis the question of law arising in the appeal turns. 27. the facts of the ..... of law which this appeal has raised for our decision is in relation to the nature and scope of the enquiry contemplated by sections 97, 100 and 101 of the representation of people act, 1951 (no. 43 of 1951) (hereinafter called the act). the appellant jabar singh and the respondent genda lal, besides five others, had contested the election to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1027; [1964]6SCR213
..... votes. thereafter, the appellant who is a voter on the rollsof the said constituency filed an election petition before the electioncommission on april 11, 1962 under s. 81 of the representation of the peoplesact, 1951, which we shall refer to as the act. there was no formal defect inthe petition, it was accompanied by the requisite number of copies provided forby .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1249; [1964]6SCR238
..... officer to go into each case of double voting in order to reject one of the two votes cast in contravention of s. 63(1) of the representation of the people act, and that the returning officer having failed to discharge his duty to reject ballot papers cast in contravention of s. 63 the petitioner believed that ..... reception, refusal or rejection of votes will not be sufficient to support an order for inspection. 12. it must be remembered that the rules framed under the representation of the people act, 1951, set up an elaborate machinery relating to the stage of counting of votes by the returning officer, and provide ample opportunity to the candidate who ..... been pursuant to its order in the behalf, lodged before it in sealed boxes by the returning officer. in considering this question the material provisions of the representation of the people act, 1951, and the rules framed thereunder may first be noticed. section 80 of the act provides that no election shall be called in question except by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC282; [1965]3SCR861
..... ; (2) that he held subsisting contracts under the bihar government in his individual and personal capacity and was thus disqualified under s. 7(d) of the representation of the people act; (3) that the appellant, and with his consent, his party-men rameshwar prasad singh and others (whose names are mentioned) were directly responsible for ..... his nomination must therefore fail.12. this brings us to the question of the alleged commission of a corrupt practice under section 123(4) of the representation of the people act. the petitioner's case was that the pamphlet ex. 10 contained statements in relation to his personal character reasonably calculated to prejudice the prospects of ..... therefore accept as correct the conclusion of the election tribunal that the commission of any corrupt practice by the appellant under section 123(4) of the representation of the people act has not been proved and that the contrary view taken by the high court is wrong.20. in view of our conclusion on the question .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC183; [1964]6SCR750
..... challenged as infringing the fundamental freedom under art. 19(1)(a) of the constitution, and the court in negativing the contention held that the provisions of the representation of the people act did not stop a man from speaking : they merely prescribed conditions which must be observed if a candidate wanted to enter parliament. the right to ..... for conservation of the language of a section of the citizens cannot therefore be regarded as a corrupt practice within the meaning of s. 123(3) of the representation of the people act. that is clear from the phraseology used in s. 123(3) which appears to have been deliberately and carefully chosen. unlike art. 19(1), art ..... corrupt practices. before the tribunal he restricted his case to the corrupt practices falling within cls. (2), (3) and (3a) of s. 123 of the representation of the people act 1951. his plea of undue influence falling within clause (2) failed before the tribunal and also before the high court, and it has not been relied upon .....
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