Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 170 jurisdiction of civil courts barred Sorted by: old Page 1 of about 353 results (0.200 seconds)

Nrisinha Kumar Sinha Vs. the Returning Officer, for the Constituency o ...

Court : Kolkata

Reported in : AIR1953Cal98,56CWN113

..... the indian parliament, pursuant to the power vested in it to make laws with regard to the election matters, has enacted the representation of the people act, 1950 and the representation of the people act, 1951.13. the preamble of the act of 1951 states that the act provides inter alia, for conduct of elections and ..... of india (provincial elections) (corrupt practices and election petitions). order, 1936). the clear object of the provisions in the constitution and the provisions in the representation of the people act, 1951, is to place the matter of decision of doubts and disputes about election matters within the exclusive jurisdiction of the election tribunals. as atricle ..... leads to nowhere, and is not of assistance to the petitioner.37. the learned advocate general has also placed reliance on s. 170 of the representation of the people act, 1951, and has contended that the jurisdiction of the courts of civil jurisdiction, to entertain petitions questioning the legality of the decision of .....

Dwijendra Lal Sen Gupta Vs. Harekrishna Konar

Court : Kolkata

Reported in : AIR1963Cal218,66CWN917

..... high court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.' section 80 of the representation of the people act, 1951, expressly provides that no election shall be called in questionexcept by an election petition presented in accordance with the provisions of this ..... the petition should be dismissed as against him ......... withcosts, the tribunal does not see any substance in this grievance. section 82 of the representation of the people act, 1951, provides that the petitioner shall join as respondents to his petition all the candidates who were duly nominated at the election. it ..... illegally, improperly and in sheer negligence rejected one valid ballot paper. it was also alleged that the returning officer contravened rule 116 of the representation of the people (conduct of election and election petitions) rules, 1956. it was further alleged that the returning officer failed to regulate admittance of persons .....

P. Kunhiraman Vs. V.R. Krishna Iyer

Court : Kerala

Reported in : AIR1962Ker190

..... this connection, mr. kalathil velayudhan nair, learned counsel for the appellant urged that the provisions regarding the preparation of electoral roll were contained in the representation of the people act, 1950 -- act 48/1950 and the relevant rules framed under the said act. section 100 of the 1951 statute, as it originally stood ..... to the parliament and undercertain circumstances, to the state legislaturesalso. in accordance with the powers conferredon parliament under article 327 the two statutesnamely, the representation of the people act,1950 and the act of 1951 have been passed byparliament.the various provisions contained in particular in the 1950 statute as also the rules ..... roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950. clause (k) defines 'tribunal'' as a tribunal appointed by the election communion under section 86.51. part ii deals with qualifications .....

Ramdhan Vs. Bhanwarlal

Court : Rajasthan

Reported in : AIR1985Raj185; 1983()WLN439

..... presented an election petition in this court on july 14, 1980 alleging that ramdhan was guilty of corrupt practice specified in section 123(7) of the representation of the people act, 1951 (hereinafter referred to as 'the act'), on account of his incurring expenditure in contravention of the provisions of section 77 of the act. ..... following observations of their lordships of the supreme court made in ponnuswami's case may be usefully extracted in this context (para 11) : -- 'the representation of the people act, 1951 which was passed by parliament under art. 327 of the constitution, makes detailed provisions in regard to all matters and all stages connected with ..... court observed as under (para 14) :-- 'in our opinion however, the limitation act cannot apply to proceedings like an election petition inasmuch as the representation of the people act is a complete and self-contained code which does not admit of the introduction of the principles or the provisions of law contained in the indian .....

Rabari Kalubhai Valabhai of Deesa and Etc. Vs. State of Gujarat and or ...

Court : Gujarat

Reported in : AIR1989Guj168; (1988)2GLR1472

..... election at the intermediate stage. the election contemplated under the representation of the people act and under the provisions of the constitution in chap. xv, embraces all processes of election including filing of the nomination until declaration of the ..... election shall be called in question' in its context and setting,, with due regard to the scheme of part xv of the constitution and the representation of the people act, 1951.'19. in the above said decision the observation of the supreme court is in respect of the advisability of calling in question the ..... a candidate being declared elected. the supreme court, after referring to art. 324 wherein the word 'conduct of elections' occurs and other relevant provisions in the representation of people act, observed : 'that the word 'election' can be and has been properly used with reference to the entire process which consists of several stages and embraces .....

Ramchandra Bhagwanji Desai Vs. Gulabbhai Kalidas Desai and ors.

Court : Gujarat

Reported in : AIR1996Guj179; (1996)1GLR586

..... . ponnuswamy v. returning officer, namakkal constituency, reported in air 1952 sc 64, held that the said decision was with reference to the provisions of the representation of the people act, 1951 and article 329(b) of the constitution of india. it was noticed that section 100 of the act of 1951 expressly enables an aggrieved ..... of the returning officer by reason of the provisions of article 329(b) of the constitution of india. on appeal supreme court, examining the provision of the representation of people act, viz. section 80, section 100 which provides grounds on which election can be called in question, section 105 which makes every order of the election ..... guj lr 1058 : (air 1976 guj 105). this court has distinguished the judgment of the apex court saying that they pertain to the provisions of the representation of the people act, 1951 and in view of clause (b) of article 329 of the constitution of india which prohibits on entertaining any election disputes against improper rejection .....

Hanuman Singh Vs. the Election Commissioner of India and ors.

Court : Rajasthan

Reported in : AIR2000Raj100; 1999(3)WLC203

..... statute which gives a special remedy for enforcing it, the remedy provided by that statute only must be availed of.' '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 writs under article 226 of the ..... on very limited grounds, one of them being the improper rejection of a nomination paper. the law with which we are concerned is not section 100, representation of the people act. 1951. one of the grounds for declaring an election to be void is the improper rejection of a nomination paper.' 'the question now arises whether ..... by the returning officer. the factum of death was notified by the returning officer to the election commissioner as was mandatorily required under section 52 of the representation of the people act (here-in-after called the act). the election commission of india after receipt of the report from the returning officer, issued notice under section 52 .....

Respublica Vs. De Longchamps

Court : US Supreme Court

..... where they fit in representation of the majesty of the people, of pennsylvania. in that case, the offender would be immediately committed to jail, without the preliminary process of an indictment by a grand jury; and, in ..... that those laws have been violated. the words used in the minister's house, (which is to be considered as a foreign domicil, where the minister resides in full representation of his sovereign, and where the laws of the state do not extend) may be compared to the same words applied to the judges, in a court of justice, ..... then give good security to keep the peace, and be of good behaviour to all public ministers, secretaries to embassies, and consuls, as well as to all the liege people of pennsylvania, for the space of seven years, by entering into a recognizance, yourself in a thousand pounds, and two securities in five hundred pounds each: that you pay .....

Miller Vs. Hall

Court : US Supreme Court

..... operation to the jurisdiction of the state that made it; for jus civile est quod quisque fibi populus constituit; and to a free people particularly, it must appear unreasonable that there should be legislation where there is no representation. 2 inst. 98. there are, however, he acknowledged, cases in which an indirect effect is given to foreign statutes page 1 u.s ..... other state:' and also, that, the free inhabitants of each of these states, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state.' see art. 4. the chief justice, after consideration, delivered the opinion of the court. m .....

Hayburn's Case

Court : US Supreme Court

..... we hope never to experience again." the circuit court for the district of north carolina (consisting of iredell justice, and sitgreaves, district judge) made the following representation in a letter jointly addressed to the president of the united states on 8 june, 1792. "we, the judges now attending at the circuit court of ..... "it is a principle important to freedom that in government, the judicial should be distinct from and independent of the legislative department. to this important principle the people of the united states, in forming their constitution, have manifested the highest regard." "they have placed their judicial power not in congress, but in 'courts.' ..... is worthy of remark that in congress the whole legislative power of the united states is not vested. an important part of that power was exercised by the people themselves when they 'ordained and established the constitution.'" "this constitution is 'the supreme law of the land.' this supreme law 'all judicial officers of the .....