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 .....
Tag this Judgment!Court : Karnataka
..... embarkation points having been progressively established. (c) with the proliferation of embarkation points, the management of haj also diversified. it was felt necessary to have appropriate representation from all parts of the country in the haj committee of india (hereafter hci ). accordingly, haj committee act 2002 (no.35 of 2002) has been passed ..... chairman of k-shc vide letter dated 23.12.2022 requested the state government for extension of the term of the present committee. he had sent similar representation to the minister for haj. these letters have triggered the present petition. (ii) a brief legislative history of haj: (i) since the 2002 act deals ..... iraq, iran & jordan and for matters connected therewith. the act envisaged constitution of haj committee. as a global phenomenon, the passenger travel by ships declined. people started travelling by air. air travel was introduced gradually for haj pilgrims also. till the year 1994, around 5,000 pilgrims used to travel by ship from .....
Tag this Judgment!Court : Supreme Court of India
..... as the automatic consequence of a breach of warranty is discharge of the insurer's liability. such discharge of liability does not require any express conduct or representation from the insurer.35. it is not the appellant's case that the respondent had chosen to issue the marine insurance policy despite being informed by the ..... senior counsel to comment on the conduct of the surveyor is also of no relevance.21. insofar as the provisions relating to warranty, the manner in which the representation is required to be made has been considered in detail by this court in the case of rajankumar & brothers (impex) vs. oriental insurance company ltd., (2020 ..... commercial enterprises [everbright commercial enterprises pte ltd. v. axa insurance singapore pte ltd., 2001 sgca24 and kam hing trading [kam hing trading (hong kong) ltd. v. the people's insurance co. of china (hong kong) ltd., (2010) 4 hklrd630 , it was not the respondent's burden to have investigated the appellant's claim and informed .....
Tag this Judgment!Court : Karnataka
..... be invoked. the jurisdiction under article 226 was rightly invoked by the single judge and the division bench of the andhra pradesh in this case, when the foundational representation of the contract has failed. tsiic, a state instrumentality, has not just reneged on its contractual obligation, but hoarded the refund of the principal and interest on ..... answer this representation. the representation so made was answered by uttar pradesh jal nigam as follows: due to aforesaid facts and description it is clear that rs 113.29 lakhs has to be ..... by an order dated 21-10-2013 [surya construction v. state of u.p.,2013 scc online all 14604]., the high court asked the appellant to make a representation and finally, in a contempt petition moved on 7-2-2014, directed [surya construction v. rajendra kumar, 2014 scc online all 16549]. uttar pradesh jal nigam to .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 6, rule 17 and) 1 rule 10 have no application - application will be dismissed. in air1971sc373[ ?.?.?..]. , it has been held as follows: (a) representation of the people act, (1951), section 83-amendment of election petition - rectification of defective petition by way of amendment after expiry of period of limitation for filing it is not ..... with regard to the second contention the learned counsel for the petitioner relied upon two decisions. in air1969sc872[ ?.?.?..]. , it has been held as follows: (b) representation of the people act (1951 as amended in 1966), sections 81, 82, 86(5), 87, 116a - election petition - necessary party not joined within limitation for filing petition ..... supra) and observed that: in comrade kallappa laxman malabade (supra) relied upon by the petitioner, with regard to non-joinder of necessary parties under the representation of the peoples act, the high court quoted the following passage from paragraph 10 of the judgment of the supreme court in [1969]. 1 - 6 - nc: .....
Tag this Judgment!Court : Supreme Court of India
..... 1 election petition no.34/2019, rejecting ia012020 2 under sections 81 and 84 read with sections 100(1)(d)(i)(ii)(iii) & (iv) of the representation of people act, 1951 (hereafter the act ). the election petition alleged, amongst others, that the appellant had furnished false information in form 26 (election affidavit); that the ..... say wide publicity, we mean that the same shall be done at least thrice after filing of the nomination papers.13. section 33-b inserted by the representation of the people (third amendment) act, 2002, provided inter alia, that no candidate shall be liable to disclose or furnish any such information, in respect of his election ..... or cases of conviction in the past, and to the political parties that set up such candidates. (a) candidates at elections to the house of the people, council of states, legislative assembly or legislative council who have criminal cases against them, shall publish a declaration about their criminal cases, for wide publicity in newspapers .....
Tag this Judgment!Court : Karnataka
..... of alternative dispute resolution (adr) by the government in dispute prevention and dispute resolution. it directs the establishment of dispute resolution boards in each department to authorize representation of law officers and approve settlement terms. the chapter also provides for the formation of a working group led by the advocate general, to assist each state department ..... writ in the nature of certiorari to quash the endorsement at annexures-q and t and has sought for a direction to respondents 1 to 5 to consider the representation dated 25.08.2021 and make a reference in terms of section 29(3) of the karnataka industrial areas development act, 1966 (for short 'the act') ..... 11 - nc:2023. khc:25609 wp no.20905 of 2022"2. the number of litigations in our country is on the rise, for small and trivial matters, people and sometimes the central and the state governments and their instrumentalities like banks, nationalised or private, come to courts may be due to ego clash or to save the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... time. in the said case, it was further explained in para 26 as under: the expression "office of profit" has not been defined either in the constitution or in the representation of people act. in common parlance, the expression 'profit' connotes an idea of some pecuniary gain. if there is really some gain, its label - 'honorarium' - 'remuneration' - 'salary' is not material it ..... with the gram - 19 - nc:2023. khc-k:5195 wp no.201365 of 2023 panchayat or for and on behalf of the gram panchayat. 11.6. section 9a of the representation of people act, 1951 (for short, hereinafter referred to as r.p. act ) reads as under:"9a. disqualification for government contracts, etc. a person shall be disqualified if, and for so .....
Tag this Judgment!Court : Supreme Court of India
..... starch also, subject to a 4% tax to be levied w.e.f. 17th july, 1996 and not tax at 11%. g) questioning the aforesaid clarification, the appellant made a representation before the commissioner which came to be rejected on 28th june, 1999. the appellant was served with notices8 for recovery of general sales tax to the tune of rs 7 ..... starch; the said entry only applies to products listed within the brackets and excludes maize starch which is distinct from maize flour and not commonly understood as such by ordinary people or even dealers. being covered by entry 67 of part d of schedule i, it will be taxed at 11%. however, a request having been received from the appellant for .....
Tag this Judgment!Court : Karnataka
..... consisting of 07 hon'ble judges met on 03.04.2002 and directed that the representations and suggestions of the people be called for. accordingly, public notifications were issued in all leading newspapers inviting representations from all sections of the society having interest in the issue. pursuant to the ..... notification, 402 representations were received. the committee, on examination of representations, found it more advisable to visit ..... any place other than principal seat, in the year 1985. when the committee headed by justice ashok bhan was constituted, the committee, except considering representations of bar association, has not given audience to representatives of trade and industry, public representatives like ministers, mlas, mps, counsellors, women organisations, .....
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