Court : Supreme Court of India
Reported in : AIR1957SC242; 1957(0)KLT319(SC); [1957]1SCR179
..... conjecture therefore is permissible that the legislature realising the difference between the two classes of cases has given legislative sanction to the view by amending s. 100 by the representation of the people (second amendment) act, xxvii of 1956, and by going to the length of providing that an improper rejection of any nomination paper is conclusive proof of the election being ..... paper had been attested in accordance with law is erroneous. as to the regularity of the attestation, the matter depends upon the rules framed under the provisions of the representation of the people act, xliii of 1951 (hereinafter referred to as the act), particularly r. 2(2), which is in these terms : 'for the purposes of the act or these rules, a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC271; [1957]1SCR208
..... , and the return of the election expenses was published therein on may, 2, 1954. on may 18, 1954, the first respondent filed a petition under s. 81 of the representation of the people act no. xliii of 1951, hereinafter referred to as the act, and therein he prayed that the election of the appellant might be declared void on the ground that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC444; [1957]1SCR370
..... the election tribunal, faizabad, declaring the election of the appellants to the legislative assembly, uttar pradesh from the lucknow central constituency, void under s. 100(2)(b) of the representation of the people act no. xliii of 1951, hereinafter referred to as the act. the constituency is a double-member constituency, one of the seats being reserved for a member of the ..... the same platform and at the same place election speeches were made and the audience exhorted to vote for mrs. vijay lakshmi pandit, a candidate for the house of the people from that area and respondents nos. 1 and 2. this meeting was attended by the district magistrate, lucknow, sub divisional magistrate, lucknow, deputy superintendent of police, lucknow, tahsildar, lucknow and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC694; [1957]1SCR1081
..... or in connection with the presidential election is after the entire election process is completed. under s. 14 of this act, which corresponds to s. 80 of the representation of the people act, 1951, no election, meaning the election of the president or vice-president, shall be called in question except by an election petition presented to this court ..... the only way such an order could be called in question was as laid down in art. 329(b) of the constitution and s. 80 of the representation of the people act, 1951, and this could be done only by an election petition presented before the election tribunal after the entire process of election culminating in a candidate being ..... an appeal to this court. the full court held that in view of the provisions of art. 329(b) of the constitution and s. 80 of the representation of the people act, 1951, the high court had no jurisdiction to interfere with the order of the returning officer. the main controversy in the appeal centerd round the words ' .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC896; [1958]1SCR308
..... under s. 2(1)(a) can only remain in force for two months from the making thereof. further, there is another proviso permitting the aggrieved person to make a representation to the state government which may, on consideration thereof, modify, confirm or rescind the order. a power the exercise of which is conditioned by the positive requirement of the ..... is conceded that a serious tension had arisen between the hindus and the akalies over the question of the partition of the state on linguistic and communal basis. the people were divided into two warring groups, one supporting the agitation and the other opposing it. the agitation and the counter agitation were being carried on in the press and ..... it cannot be overlooked that the press is a mighty institution wielding enormous powers which are expected to be exercised for the protection and the good of the people but which may conceivably be abused and exercised for anti-social purposes by exciting the passions and prejudices of a section of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC52; (1958)IMLJ88(SC); [1958]1SCR387
..... 1955) on march 1, 1956, he no longer held such office under the government. on may 3, 1956, the respondent filed an election petition under s. 81 of the representation of the people act, 1951, in which he submitted that the third nomination paper of the appellant should also have been rejected as even under the provisions of durgah khwaja sahab act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC871; (1958)IMLJ62; [1958]1SCR418
..... was when the disqualification mentioned in clause (d) of s. 7 of the representation of the people act, 1951, arose and it was held that the date for putting in the nominations was one of the crucial dates. on this point, the following observations made in ..... that an identical expression 'shall be disqualified for being chosen as' occurs in art. 102 of the constitution and s. 7 of the representation of the people act, 1951. this expression occurring in s. 7 of the representation of the people act, 1951, was considered by this court in chatturbhuj vithaldas jasani v. moreshwar parashram and others : [1954]1scr817 . in that case the question .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC163; 1958CriLJ283; [1958]1SCR460
..... for more than three months without a provision for an advisory board, and clause (5) provides for furnishing the grounds of detention and affording an opportunity of making a representation against the order of detention. but these safeguards are subject to cls. (6) and (7). under the former, facts, the disclosure of which the detaining authority ..... press correspondents of foreign countries and that you made a speech (copy of contents of which is hereto annexed) containing various false statements about the conditions of the people of kashmir. the combined effect of these statements is prejudicial to the security of india and to the relations of india with foreign powers. extracts of such ..... unable to find any. the learned solicitor-general said that if the words were referable only to a detention for a period longer than three months then people detained for a shorter period would be deprived of the safeguard of the opinion of the advisory board and lose the chance of being set free if it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC353; (1958)ILLJ500SC; [1958]1SCR1156
..... employer and workmen; (2) an investigation and settlement of industrial disputes, between employers and employers, employers and workmen, or workmen and workmen, with a right of representation by a registered trade union or federation of trade unions or association of employers or a federation of associations of employers; (3) prevention of illegal strikes and lock ..... employer may dismiss a man, or decline to employ him. this matter raises a dispute as to non-employment. (4) an employer contemplates turning out a number of people who are already in his employment. it is a dispute as to contemplated non- employment. " employment or non-employment " constitutes the subject matter of one class of ..... scheme and the purpose of the act generally and the object of the act specially being to benefit workmen, the words "any person " should be confined to people of the workman class. 3. the word "dispute" in s. 2(k) itself indicates that the person raising the dispute must be interested in the dispute .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC578; (1961)ILLJ339SC; (1964)ILLJ9SC; [1959]1SCR12
..... arising before them and even though they are not judicial tribunals but administrative agencies they would elicit all relevant information and invite answers to the questionnaire or representations from the parties concerned, hear evidence and arrive at their determination after conforming to the principles of natural justice. even though they may perform, quasi- ..... but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential to prepare the people for an intelligent exercise of their rights as citizens.' (vide cooley's constitutional limitations, 8th edn., vol. ii, p. 886). 192. the statute was ..... or administrative function and determining its character accordingly. (vide : village of saratoga springs v. saratoga gas, electric light & power co., [1908] 191 new york 123 and people ex rel. central park, north & east river r. co. v. willcox. [1909] 194 new york 383. 151. the function of the wage board in the .....
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