Court : Karnataka
Reported in : AIR1954Kant18; AIR1954Mys18
..... a by-election to a reserved seat in the kakinda constituency of the madras legislative assembly in june 1952. but realizing that he was disqualified under section 7 (b), representation of the people act, 1931 as five years had not expired from the date of his release on the independence day, 15-8-1947, he applied to the election commissioner for exemption .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant111; AIR1954Mys111
..... judge of the division in which the election hag taken place and are at present before this court. there does not appear to be any specific provision in the representation of the people act to support the view that the election tribunal becomes functus officio after the pronouncement of the order. the objections are accordingly rejected.12. *(see para. 12 in air ..... orders placed from time to time by the amildars who had been requested by the deputy commissioner to make tlie purchase from local firms. section 7(d) of the representation of the people act reads-'7(d) if, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account, he .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant102; AIR1954Mys102
..... fazl all j., the two principal reasons which influenced their decision that an election continues until the election tribunal pronounces its order under section 98, representation of the people act were:(a) that in the view of the high court an election commission adopts the order of the election tribunal which is only an amanuensis ..... to negative the contention of the learned counsel for the respondent that the provisions of article 329(b) of the constitution and section 105 of the representation of the people act bar the application for relief under article 226 of the constitution.11. the learned counsel for the respondent urged that the election commission is ..... division in which the election has taken place and are at present before this court. there does not appear to be any specific provision in the representation of the people act to support the view that the election tribunal becomes functus officio after the pronouncement of the order. apart from these considerations, it is noticed .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1955Kant8; AIR1955Mys8
..... does not seek the enforcement of a contract or demand damages for repudiating, or for fraudulently inducing the plaintiff to make a contract; and in an action for a fraudulent representation of title whereby the plaintiff has been induced to expend money for the purchase of property belonging in reality to the defendant the measure of damages must of course be ..... and act in good faith before he can claim its benefit. on the other hand, section 43 enables a transferee to whom a transferor has made a fraudulent or erroneous representation to lay hold at ms option of any interest which the transferor may subsequently acquire in the property provided his doing so does not adversely affect the rights of any ..... for some years.7. it is clear from the above that defendant 1 taking advantage of the fact that he was the president of the society, with the aid of people like d.w. 1 and d.w. 4 to support him managed to obtain a speculative sale deed ex. 3 in favour of his son defendant 3, having in mind .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1955Kant140; AIR1955Mys140
ORDER1. This revision petition is directed against an order passed by the District Judge, Shimoga in O.S. No. 22 of 1951-52 on his file holding on issue No. 7 raised in the case that the present Petitioner was not in possession of the suit schedule properties and directing him to pay an additional Court fee of Rs. 800/-.2. The Petitioner filed a suit for a declaration that he was entitled 1/3 share in all the plaint schedule- properties on the ground that he was it member of the joint family along with defendants 1 to 5 and claimed delivery of possession of his share after division by metes and bounds with mesne profits and costs. He paid a fixed Court fee of Rs. 100/- only under Article 11-B, Schedule II, Court Fees Act on the ground that he was in constructive possession of the suit schedule properties, being a member of the joint family.The Respondents alleged in,' their written statement that the Petitioner had wantonly inflated the value of the suit schedule properties with a view...
Tag this Judgment!Court : Karnataka
Reported in : AIR1957Kant87; AIR1957Mys87; (1957)35MysLJ135
..... types of el objections definitely provide for an improper acceptance or rejection of notice of candidature being made a ground for an election petition, as for example, under the representation of the people act.in this connection, we may refer to the case reported in tekchand v. banjari lal , in which while dealing with the meaning of the word 'election' in relation .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1957Kant76; AIR1957Mys76
..... the present respondents 1 to 4. the petitioner and respondent 2 were declared elected, thereupon respondent 1 filed an election petition under section 81 of the representation of the people act, 1951, calling in question the election of the petitioner and respondent 2.an election tribunal was constituted for the trial of the election petitioner. two ..... envelopes in which the ballot papers were placed did not agree with the numbers on the respective ballot papers as required by rule 92 (2) of the representation of the people (conduct of elections and election petitions) rules, 1951, all the votes were invalid.the petitioner (present respondent 1) sought a declaration that he himself was ..... or not.the learned advocate for the petitioner argues that the mistake is not of a material character and as section 100(2)(c) of the representation of the people act, which is the provision applicable to the case on hand, requires that the result of the election should have been materially affected by the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant84; AIR1958Mys84; (1958)36MysLJ88
..... . they also enacted special provisions for the amelioration of the 'untouchables'. these are to be found in part 15, which deals mainly with special measures for securing adequate representation for this class of people, in the legislatures of the country, for recognising their special claim to services and posts and for their uplift.in that context they are described as 'scheduled castes ..... or on account of social boycott resulting from caste or other disputes.the imposition of untouchability in such circumstances has no relation to the causes which relegated certain classes of people beyond the pale of the caste system. such relegation has always been based on the ground of birth in certain classes.7. the acts and conduct referred to in the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant73; AIR1958Mys73
..... to consider whether the candidate nominated possessed the qualification required by the statute.in that case their lordships were considering the scope of section 100 (2) (c) of the representation of the people act. they came to the conclusion that as per that section the possessing of the qualification prescribed by the constitution is a necessary pre-requisites otherwise the election is .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant120; AIR1958Mys120; ILR1958KAR25; (1958)36MysLJ67
..... has expired. there is hardly any dispute on questions of fact. the dispute centres round the construction of section 90, sub-section (5) of the representation of the people act as it stands after amendment in 1956. 2. the petitioners in both these petitions had filed their respective election petitions for setting aside the elections in ..... is not disputed before us that these applications were filed beyond such time. mr. rajah iyer further contended before us-that section 90 (5) of the representation of the people (amendment) act, 1956, under which the tribunal purported to make the said order, only permits the tribunal to allow particulars of any-corrupt practice which have ..... 7. for the purpose of deciding the present contention of the petitioners it would also be necessary to set out the provisions of section 83 of the representation of the people act as it stood before its amendment in 1956. the said section reads as follows:'83. contents of petition- (1) an election petition shall contain .....
Tag this Judgment!