Court : Delhi
Reported in : AIR1967Delhi68
..... triable by high courts. (vi) if the contention of the respondents were to be accepted, section 170 of the representation of the people act would be completely reduced to silence. (vii) the supreme court expressly reserved its opinion as to the scope of articles 226, 227 and 136 in ..... outside the statute and the decision thereforee, suffers, from complete absence of jurisdiction (v) in view of the provisions of sec. 80(a) of the representation of the people act 1951, the apprehension as expressed by the supreme court in ponnuswami's case about the conflicting views can no longer exist as the election petitions are now ..... numbers, etc., did nto amount to a substantial defect entailing the rejections of the nomination papers. it is ntoeworthy that under section 36(4) of the representation of the people act, 1951, the returning officer is enjoined nto to reject any nomination paper on the ground of any defect which is nto of a substantial character.(4) .....
Tag this Judgment!Court : Delhi
Reported in : 3(1967)DLT506
..... in our constitution are mere. words. if :the qutoa alltoted to this territory in the various asylums is nto large enough, then a proper representation could have been made to the appropriate quarters for its enlargement the union government, whose ultimate responsibility apparently is to see to the welfare of the ..... with indifference which is almost callous, and is certainly unbecoming of responsible public officers of a civilised welfare state which exists only for the benefit of the people from whom it draws its powers through the process of free poll. democracy in india has, to a great extent, inherited the traditions of a bureaucratic ..... and made to suffer because of the administrative convenience either of the courts or of the admistrative officers, when discharging their statutory functions affecting personal liberties of the people. (13) we must also make it clear that whenever attar singh chooses to be released on personal bond, the learned magistrate at theog would make the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi110; 4(1968)DLT3
..... 41) the necessary consequence of my finding is that the election of the respondent is declared tom be void under section 100(1)(c) of the representation of the people act, 1951. i further direct that the substance of the decision be communicated to the election commission, new delhi and the speaker of the himachal ..... the required 'attestation' amounted to a technical defect and of an insubstantial character which the returning officer was bound to disregard under section 36(4) of representation of the people act, 1951. their lordships held that the nomination papers had been rightly rejected in that case. but the importance of the decision lies in the ..... nomination paper could nto have been rejected. the supreme court judgment was rendered before the amendment of sub-section (4) of section of 36 by the representation of the people (amendment) act 27 of 1956. the said sub-section before its amendment reads asunder:-- 'the returning officer shall nto reject any nomination paper on the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi311
..... cases is somewhat different from amendment of pleadings in suits in ordinary courts of law governed by the code of civil procedure, uninfluenced by special restriction placed by the representation of the people act.8. all amendments, as observed by the supreme court in pirgonda hongonda patil v. kalgonda shidgonda patil, : [1957]1scr595 , ought to be allowed which satisfy the two conditions .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi775
..... war, rito or civil commotion; or (c)that the policy is void on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in some material particular.' (8) it is nto disputed before us that none of the grounds mentioned in clauses (a), (b) and (c) of sub .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi1006
..... secretary overlooked the fact that the liability of the petitioner and the quantum of his liability were nto determined at any stage after giving him an opportunity to make his representation regarding the same. as pointed out earlier, the said determination of the liability of the petitioner and the quantum of his liability has to precede the notice issued by the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi1077
..... election meeting and it is, in our opinion, nto necessary to refer to them. likewise, it is nto necessary to refer to cases dealing with particular provisions of the representation of the people act, and other statutory election laws which admittedly do nto govern the election of the president of the medical council of india. the petitioner can also derive no assistance ..... acting president and vice-president dr. tuisi das. the election is also stated to be invalid because of other grounds which shall be dealt with subsequently. the petitioner made a representation to the union of india against the impugned proceedings and the declaration of dr. sheth as president, but the government as per letter dated may 16/17, 1969, expressed its .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi35
..... the general clauses act, 1897 and of section 17 of the government of part c states act, 1951 (no.49 of 1951) read with section 7(d) of the representation of people act, 1951 (act 43 of 1951) observed as under :- 'we are unable to agree that section 3(8)(b)(ii) has the effect of putting an end to the ..... , under section 19 of the displaced persons (compensation and rehabilitation) act, 1954 (hereinafter referred to as 'the act') was served on the respondent on january 16, 1959. the representation of the respondent against the order of the managing officer directing him to vacate the flat was rejected. the respondent then filed an appeal which was dismissed by the settlement ..... was, however, surrendered by him as he was keen to have the flat allotted in his name and it appears the surrender of the post was made on the incorrect representation that the flat had been allotted to him. (5) the efforts of the respondent for regualrization of possession of the flat, by its allotment in his name, did .....
Tag this Judgment!Court : Delhi
Reported in : [1998]231ITR318(Delhi); [1998]97TAXMAN144(Delhi)
..... passed the order of compulsory purchase on august 31, 1994, maintaining the same position in the show-cause notice and without considering in a proper way the representation made by the writ petitioners. in the writ petition what is stated in the explanationn and further explanationn is reiterated and it is submitted that the appropriate authority ..... or a private coloniser; it was part of the old village known as arjun nagar which grew in an unplanned manner with unauthorised constructions surrounded by all sorts of people - labourers and wage earners and, thereforee, the plot areas varied from 36 sq. mtr. to 500 sq. mtr. with small approach roads surrounded by old arjun ..... any private colonizer. it is a part of old village known as arjun nagar, which grew in an unplanned manner with unauthorised constructions around by all sorts of people and mostly by labour and wage earners. in the days of emergency, the said area was demolished for planned development but it could not be taken up .....
Tag this Judgment!Court : Delhi
Reported in : AIR1970Delhi178
..... 87 was concerned with a situtation where a registered trade union was limited by its memorandum of association from levying contributions from its members for the purpose of securing parliamentary representation. this levy was sought to be justified as a power 'incidental' to the purposes of the trade unions.11. the second case relied upon on behalf of the ..... appropriate government may, if it is of opinion that it is necessary so to do and shall, if a resolution in this behalf is passed by the house of the people or, as the case may be, the legislative assembly of the state, by notification in the official gazettee, appoint a commission of inquiry for the purpose of making an ..... ousting the authority of the central government from the conrol and management of the bhakra nangal complex and to vest the same in the state of haryana in order that people of haryana may have full share in the water of satluj, beas and ravi rivers. 2. the union of india and the state of punjab, but not the .....
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