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 : AIR1968Delhi283
..... company reminded the corporation about payment of rs. 300 on account of audit fee for the year ending 30-9-1958 and of rs. 100 on account of income-tax representation fee for the assessment year 1958-59. on 16-3-1959, the company required further clarification from the corporation in regard to their accounts, the audit of which was conducted ..... of account and toher documents. on 8-4-1959, the company sent a further reminder to the corporation about the payment of rs. 100 in connection with the income-tax representation fee for the assessment year 1958-59 for which the bill had already been sent. on 9-4-1959, the company acknowledged receipt of the letter dated 7-4-1959 .....
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 : 5(1969)DLT241
..... penal code. i may at this stage read section 499 and these exceptions :- '499.whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any im- putation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the repu- tation of such person ..... the learned counsel, the publication of these pamphlets was for the public good. the only public good, however, which the ingenuity of the learned counsel could think of was that people must be forewarded against a person who cheats the income-tax department by evading income-tax. but except for the bald assertion, my attention has nto been drawn to any .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi202
..... ) class and debarred him from entering the campus of the jamia millia, mainly on the ground that no show cause ntoice or an opportunity of submitting a written representation or any oral hearing was given to the respondent before the order of expulstion was made against him. since then, we were informed at the bar that the respondent ..... the constitution directs the state, within the limits of its economic capacity, to take effective provision for securing the right to education. it is because education of people is primarily function of the state that every school and college in this country is entitled to grants-in-aid from the state. to this extent jamia millia is ..... and be obeyed. article 226 is, thereforee, concerned with such a person or authority, which exercises power over tohers, that is to say, over toher persons or people at large. the exercise of such power in relation to public makes the authority a public authority. it is difficult to conceive of an authority in the above sense, .....
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 : ILR1969Delhi913
..... anything to suggest that a demand for areca-nuts of a particular quality, nature or substance. was made by the food inspectors while taking samples from the petitioners or any representation was made by the latter with respect to the quality, nature or substance and that the samples did nto conform to what was asked for. counsel for the respondents however .....
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