Court : Karnataka
..... high court was competent to frame rule for making provision for receiving the election petitions presented to the high court under section 81 of the representation of the people act. it is in that context that the supreme court elucidated the difference between ministerial act and adjudicatory act. it was observed, by ..... in the elections held to the badarpur legislative assembly constituency of assam. the contesting respondent filed an election petition under sections 80/81 of the representation of the people act, to challenge the election of the appellant. the election petition was presented before the stamp reporter-cum-oath commissioner of the high court ..... address the controversy involved in this case. it was in the - 28 - context of presentation of election petition under section 81 of the representation of the people act, 1951 that the supreme court discussed the difference between the ministerial function and adjudicatory function and further that by which authority and at which .....
Tag this Judgment!Court : Supreme Court of India
..... : a) to ensure that legal aid lawyers have been appointed to represent all undertrials. in circumstances where any prisoner is found without legal representation during the visit by the dlsa, immediate steps to be taken towards ensuring appointment. b) to verify whether panel lawyers are meeting and interacting ..... societal hierarchies. by assigning specific types of work to marginalized castes based on their supposed "customary" roles, the manuals perpetuate the stereotype that people from these communities are either incapable of or unfit for more skilled, dignified, or intellectual work. 174 the manuals/rules also reinforce stereotypes against ..... individual .34 the court also acknowledged that throughout history, socio-cultural revolts, anti-discrimination assertions, movements, literature and leaders have worked at socializing people away from supremacist thought and towards an egalitarian existence. 35 in that backdrop, the indian constitution was an attempt to reverse the socializing of .....
Tag this Judgment!Court : Supreme Court of India
..... . state of maharashtra & ors., 2024 scc online sc2547wherein it has been held that once the compensation has been 32 determined, the same is payable immediately without any requirement of a representation or request by the landowners and a duty is cast on the state to pay such compensation to the land losers, otherwise there would be a breach of article 300 .....
Tag this Judgment!Court : Supreme Court of India
..... corrupt practices in the election. the appellant filed an application under order vii rule 11 of the code of civil procedure, 1908 ( cpc ) read with section 86 of the representation of the people act, 1951 ( rpa ) for rejection of the petition, which was dismissed. the application dismissed by the high court on 05.07.2023 is presently under challenge before this court .....
Tag this Judgment!Court : Supreme Court of India
..... by a defendant bereft of evidentiary material to back up such averment/statement takes such defendant s case nowhere. while deciding a statutory appeal under section 116a of the representation of the people act, 1951 against an order of the gauhati high court rejecting an election petition, this court in kalyan kumar gogoi v ashutosh agnihotri, (2011) 2 scc532commented that the term .....
Tag this Judgment!Court : Supreme Court of India
..... ) rules, 1972(hereinafter being referred to as ccs rules ), would not apply to him. the other appellants (appellant no.2-appellant no.6) also filed similar representations to the respondents which met a similar fate on the same reasoning. 47. aggrieved by the rejection of their claim for pensionary benefits under the 6th cpc, the ..... it should have been entrusted with such functions as are governmental or closely associated therewith by being of public importance or being fundamental to the life of the people and hence governmental. such authority would be the state, for, one who enjoys the powers or privileges of the state must also be subjected to limitations ..... by statutory obligations i.e. no recruitment rules were applicable to them. the tribunal further held that the appellants were not recruited under an advertisement issued where people at large were given the opportunity of appearing; there was no question of any obligation 5 cast under the factories act for running the ssd fund, as .....
Tag this Judgment!Court : Supreme Court of India
..... of medicine in an orchestrated and systematic manner resulting in misleading the common man. ima has claimed that despite lodging multiple complaints and submitting several representations to the union of india and the state authorities, they have declined to take any concrete action, thus compelling them to approach this court ..... on 4th december, 2023 (copy whereof was subsequently filed by the petitioner/ima under index dated 6th february, 2024), that spoke of completely curing lakhs of people of diseases like high blood pressure, sugar, thyroid, arthritis, asthma, etc. similarly, the advertisement claimed to have completely cure patient suffering from failure of ..... not flow from the power to punish for contempt. they should rest on more surer foundations. the foundations are the trust and confidence of the people that the judiciary is fearless and impartial. (emphasis added (also refer: parashuram detaram shamdasani v. king-emperor15 and chairman, west bengal administrative tribunal .....
Tag this Judgment!Court : Supreme Court of India
..... . also see paragraph 161 where justice pandian states that inadequate representation is not confined to any specific section of the people, but all those who fall under the group of backwardness whether ..... .................................................................. 128 ix. scope for judicial review .................................................................... 131 a. inter-se backwardness .......................................................................... 131 b. adequacy of representation .................................................................. 133 e. conclusion .............................................................................................. 138 4 part a1 the reference to this constitution bench raises significant questions relating to ..... people in other communities, namely, muslims, sikhs, christians etc. 113 part d165 it is clear from the debates extracted above that the purpose of the reservation clause is to remedy the inadequate representation .....
Tag this Judgment!Court : Supreme Court of India
..... having exclusionary conditions which seek to create social and economic barriers. the bar councils have a responsibility in the public interest to ensure greater representation of persons from marginalized communities in the legal profession.92. the decision of the sbcs to charge exorbitant fees also suffers from the vice ..... by the sbcs are manifestly arbitrary. further, the effect of charging exorbitant enrolment fees as a pre-condition for enrolment has created entry barriers, especially for people from marginalized and economically weaker sections, to 101 secretary, ministry of chemicals & fertilizers, government of india v. cipla ltd., (2003) 7 scc1[9 ..... opportunity to participate. however, widespread inequalities in the availability of and access to educational facilities will result in the deprivation of certain classes of people who would be unable to effectively compete in such a system. special provisions (like reservation) enable such disadvantaged classes to overcome the barriers .....
Tag this Judgment!Court : Supreme Court of India
..... outcome. the protection of legitimate expectation is subject to overriding public interest, which means that even if an individual s expectation is reasonable and based on a past practice or representation by the executive or legislature, it can be denied if justified by a significant public necessity. the court also highlighted that in matters of policy change, the judiciary 15 (1993 .....
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