Court : Supreme Court of India
..... high court has arrived at a conclusion that the appellant herein who is the returned candidate had not presented her nomination paper in accordance with section 33 of the representation of the people act, 1951 ( r.p.act for short) c.a. no.3710 of 2023 page 1 and as such the nomination paper of the appellant is liable to be rejected .....
Tag this Judgment!Court : Supreme Court of India
..... marginalized communities: the lives of most of our subjects are equally distant and alienated from upperclass, urban indian as well as all western representations of homosexuality, and their personal struggles, which cannot be separated from their socioeconomic struggles and traditional contexts, are largely unmirrored and therefore remain ..... historically and socio-culturally, indian persons223 with a genderqueer identity go by different 220 sex. merriam-webster.com dictionary, merriam-webster 221 intersex people, office of the united nations high commissioner for human rights 222 introduction to the yogyakarta principles, yogyakarta principles 223 as also persons in ..... identify as male, female, or the third gender. intersex persons are not the same as transgender persons. they have atypical reproductive characteristics. intersex people may identify as male, female, or transgender.258. sexual orientation differs from both sex and gender. the yogyakarta principles describe sexual orientation as .....
Tag this Judgment!Court : Supreme Court of India
..... category of persons with benchmark disabilities in respect of the vacancies reserved in accordance with the provisions of section 34; (ii) constitute an expert committee with representation of persons with benchmark disabilities for identification of such posts; and (iii) undertake periodic review of the identified posts at an interval not exceeding three years. ..... and social commission for asia and pacific held at beijing on 1st to 5th december,1992, adopted the proclamation on the full participation and equality of people with disabilities in the asian and pacific region. 20 section 2 (s) defines as follows: person with disability means a person with long term physical ..... . the previous law, was enacted by parliament pursuant to our country 12 becoming a signatory to the proclamation on the full participation and equality of the people with disabilities in the asian and pacific region19. the earlier act, as well as the act have set out provisions to enable participation, and empowerment of .....
Tag this Judgment!Court : Supreme Court of India
..... appeal no.8073 of 2022 page 6 of 33 dated 14.08.2014 with a direction to the respondent to submit a representation and a further direction to the appellant to decide the said representation within two months.12. the representation submitted by the respondent was rejected by the appellant. the respondent thereafter preferred writ petition no.1605 of 2015, praying for a .....
Tag this Judgment!Court : Supreme Court of India
..... pay a higher price, however, subsequently, he backed out. if the auction-sale pursuant to the public auction is set aside on the basis of such frivolous and irresponsible representations made by such persons then the sanctity of a public auction would be frustrated and the rights of a genuine bidder would be adversely affected. (emphasis supplied) 85. in ..... was vitiated by any fraud or collusion, it is not open to set aside the auction or sale in favour of a highest bidder on the basis of some representations made by third parties, who did not even participate in the auction proceedings and did not make any offer. xxx xxx xxx 16. it is also required to ..... and growth-oriented economy. but certainly, what must be kept in mind is that the law should not be in derogation of the rights which are guaranteed to the people under the constitution. the procedure should also be fair, reasonable and valid, though it may vary looking to the different situations needed to be tackled and object sought to .....
Tag this Judgment!Court : Supreme Court of India
..... election agent. explanation: for the purposes of this section corrupt practice shall mean any of the corrupt practices specified in section 132 of the jammu and kashmir representation of the people act, 1957; (c) that any nomination has been improperly rejected; (d) that the result of the election in so far as it concerns the ..... illiteracy, it might not be possible for the illiterate voters to cast their votes in favour of the candidate of their choice unless there was some pictorial representation on the ballot paper itself whereby such voters might identify the candidate of their choice. symbols were accordingly brought into use. symbols or emblems are not a ..... court under articles 226 or 227 of the constitution of india or this court in exercise of its constitutional powers may specifically direct for fresh consideration of a representation, even in the absence of specific provisions. in high court of tripura v. tirtha sarathi mukherjee, (2019) 16 scc663 the question that arose was whether, .....
Tag this Judgment!Court : Supreme Court of India
..... now proceed to determine whether such basis has been removed by curing the defects listed hereinabove, by introducing the amendment and validation act of 1997. for this purpose, a tabular representation of the defects pointed out by the high court and details of the corresponding provision(s) enacted/amendment introduced to remove the defects, is as hereinunder: sl. no.defects identified .....
Tag this Judgment!Court : Supreme Court of India
..... . after instructions, nit filed its response on 02.08.2013 wherein the grant of an alternative plot was denied. as discussed, after the rejection of the representation to grant alternate land particularly in absence of any statutory backing, we are not inclined to entertain the said plea. nonetheless, the said prayer was not seriously ..... correspondences were exchanged and finally nit vide letter dated 15.01.1990 apprised the land owner regarding pending acquisition proceedings of his land. land owner again submitted representation dated 25.07.1990 and 09.04.1991 for grant of alternate plot as compensation, but again to no avail.8. aggrieved by the inaction of authorities ..... sought details of acquisition proceedings under which his land was acquired, however, it was of no avail. in 6 the meantime, the land owner made a representation to the guardian minister seeking allotment of an alternate plot, which was forwarded to nit. pursuant thereto, nit vide reply dated 19.12.1988 to guardian minister .....
Tag this Judgment!Court : Supreme Court of India
..... even date, the appellant was informed by the government of absence of any valid grounds/reasons to set aside/revoke the detention order leading to rejection of her representation.5. the appellant then invoked the writ jurisdiction of the high court whereupon the parties were heard and the impugned judgment delivered containing reasons for dismissing the writ ..... detention, even when the petition on which rule was issued did not have the requisite pleadings, was highlighted in the following words: 5. *** where large masses of people are poor, illiterate and ignorant and access to the courts is not easy on account of lack of financial resources, it would be most unreasonable to insist that ..... for protecting the rights of citizens as well, seem to be oblivious of the fundamental rights guaranteed by the constitution and are curbing the liberty and freedom of the people. the 21 (2021) 9 scc41539 sooner this trend is put to an end, the better. even this court, in mallada k sri ram vs. state of .....
Tag this Judgment!Court : Supreme Court of India
..... the defect. further, merely because the affidavit may be defective, it cannot be said that the petition filed is not an election petition as understood by the representation of the people act, 1951.22. a plain reading of rule 15 suggests that a verification of the plaint is necessary. in addition to the verification, the person verifying ..... candidate moved election petition no.24 of 20223 alleging violations under sections 80, 80a, 81, 84 read with sections 100(1)(d)(iv) and 101 of the representation of people act, 19514. the election petitioner prayed that the election of the appellant be held void and also to declare him to be the elected candidate. it is important ..... to corrupt practices have been alleged against the returned candidate) as required by the proviso to section 83(1) of the representation of the people act, 1951. in our opinion, there is no such mandate in the representation of the people act, 1951 and a reading of p.a. mohammed riyas v. m.k. raghavan, (2012) 5 scc511 which .....
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