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 : Karnataka Dharwad
..... subsequent rules. providing age-based exemption is an established practice and decision making authority should have considered their reasonable, legitimate and valid request articulated through representation which was submitted in time by the applicants.5.4 the crux of the case is that the provision of section 10(1)(vi) of the ..... the respondents ought to have considered their objection and representation, then the applicants who have legitimate expectation to be treated fairly as lady teachers have been - 12 - provided expressed exemption under the act, 2020 and ..... ) of act 2020 exempts certain category of teachers for being included in the excess teachers list. then the respondents are duty bound to consider the representation which is in their competency and take remedial measures.5.3.1 emphasizing that once the exemption option is exercised by any teacher-the applicants herein, .....
Tag this Judgment!Court : Karnataka Dharwad
..... subsequent rules. providing age-based exemption is an established practice and decision making authority should have considered their reasonable, legitimate and valid request articulated through representation which was submitted in time by the applicants.5.4 the crux of the case is that the provision of section 10(1)(vi) of the ..... the respondents ought to have considered their objection and representation, then the applicants who have legitimate expectation to be treated fairly as lady teachers have been - 12 - provided expressed exemption under the act, 2020 and ..... ) of act 2020 exempts certain category of teachers for being included in the excess teachers list. then the respondents are duty bound to consider the representation which is in their competency and take remedial measures.5.3.1 emphasizing that once the exemption option is exercised by any teacher-the applicants herein, .....
Tag this Judgment!Court : Karnataka
..... of property, constitutionally guaranteed under article 300a, and its retention by the government is in breach of this guarantee. (c) ours being a constitutionally ordained welfare state, its assurances and representations to the citizens who act upon the same, become the binding rule of conduct by virtue of the doctrine of promissory estoppel, vide motilal padampat sagar mills vs. uttar - 171 ..... for extension of financial benefits on par with that of second division surveyors, grade ii. the karnataka state administrative tribunal disposed off the same with a direction to consider their representation within a period of six months. the government, in the meanwhile had issued order dated 12.08.2008 inter alia providing for the payment of rs.500/- for every phodi .....
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..... certificate registered. no response comes about. the petitioner then communicates to the bank, the bank also communicates the sub-registrar to register the sale certificate. no response comes about. a representation comes to 5 be submitted to the sub-registrar by the petitioner on 12-02-2024. finding no response, the petitioner is knocking at the doors of this court in .....
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..... is to prevent the members having conflict of interest with the affairs of gram panchayat from being elected.20. the provision for disqualification found in section 7(d) of the representation of people act, 1951 ('r.p. act' for brevity) prior to amendment reads as hereunder:- 7. disqualification for membership of parliament or of a state legislature. a person shall be disqualified .....
Tag this Judgment!Court : Karnataka
..... place his abode depends upon the facts of each case.30. in kuldip nayar v. union of india [(2006) 7 scc1 the expression ordinary residence as used in the representation of the people act, 1950 fell for interpretation. this court observed: (scc p. 96, paras 243-46) 12 243. lexicon refers to cicutti v. suffolk county council [(1981) 1 wlr558: (1980) 3 .....
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..... of along with pending application. (emphasis supplied) 11 the division bench records dog breeds that were alleged to be ferocious and directed consideration of the representation of the petitioners therein dated 5-10-2023 which was forwarded to the secretary, department of animal husbandry and dairying. the division bench records the ..... department; a district society for prevention of cruelty to animals; two representatives from the animal welfare organizations within the local authority; a representative of the people who is a humanitarian or a well known individual who has experience in the animal welfare in the locality. therefore, the classification of dogs, formation ..... including australia, canada, france, germany, and the usa have implemented bans on these breeds by enacting laws/regulations keeping in view the safety concern of the people. the dogs act of 1871, which remains in force in england, scotland, and ireland, empowers courts to control or even destroy dogs. meanwhile, the .....
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..... nc:2024. khc:14207 crl.p no.1560 of 2024 e) the next allegation in the complaint relates to the offence punishable under section 133 of the representation of people act, 1951. the same reads as under: penalty for illegal hiring or procuring of conveyance at elections. if any person is guilty of any such corrupt ..... persons guilty of malpractices from holding positions of public responsibility for a specific period. this chapter has to be read along with the relevant provisions of the representation of people act, 1951 as it contains additional penalties for certain offences, e.g., sections 171e to 171f of this code. thus a conviction under section 171e or ..... been given cc no.2990/2023 after taking cognizance for the offences punishable under section 171(e) of ipc1860& for the offence punishable under section 123 of representation of people act, 1951.2. learned counsel for the petitioner vehemently argues that the proceedings are liable to be voided because: i) what all has been alleged in .....
Tag this Judgment!Court : Karnataka Dharwad
..... issuance of the notice, all proceedings in respect of the notice shall be deemed to be concluded. under sub-section (9), the proper officer after considering the representation of the person chargeable to tax is authorised to determine the amount of tax, interest and penalty due and to issue an order. a period of five years ..... deprived of livelihood they must be facing serious difficulties. i here is no justification to throw them out of employment and then given them an opportunity of representation when the requirement is that they should have the opportunity referred to above as a condition precedent to action. it is common experience that once a decision ..... justice. the authority who embarks upon a post-decisional hearing will naturally proceed with a closed mind and there is hardly any chance of getting a proper consideration of the representation at such a post- decisional opportunity. in this connection, we may refer to a recent decision of this court in k.i. shephard & ors. v. union .....
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