Judgment Search Results Home > Cases Phrase: the legislative assembly removal of disqualifications amendment act 1968 1 Page 11 of about 183 results (0.116 seconds)

Superintendent of Post Offices, Khammam and anr. Vs. Kalluri Vasayya

Court : Andhra Pradesh

Reported in : (1984)IILLJ140AP

..... me, require not merely impartially, nor merely bringing one's mind to bear on the problem, but acting fairly; and to the limited extent that the circumstances of any particular case allow, and within the legislative framework under which the administration-working only to that limited extent do the so called rules of natural justice apply, which in a case such as this is merely a duty to act fairly. ..... the right of personal privacy of guarantee of certain areas or zones of privacy does exist under the constitution and the roots of that right may be found in the first amendment, in the 4th and 5th amendments in the penumbras of the bill of rights in the 9th amendment and in the concept of liberty guaranteed by the first section of the 14th amendment ..... the consequence of such a disqualification to religious liberties and practice may be only an indirect result of welfare legislation within the ..... that while the debates in the constituent assembly were going on, the universal declaration of human rights was adopted by the general assembly of the united nations ..... our constitution (12th september, 1968) as quoted by justice jaganmohan reddy in his 'social justice and the constitution' sir alladi memorial lectures, at page 14 that : 'the fundamental rights and legal ends to be served by the state and the directive principles are the moral ends to be observed by the government. ..... the task of the state is to make possible the achievement of good life, both by removing obstacles in the path of .....

Atma Singh and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1967Raj239

..... the amendment was the addition of a proviso that the government may, if so inclined, direct that the punjab legislative assembly roll shall not be used for the municipal election and a fresh roll in accordance with rules 8-a to 8-k, which were added shall ..... leave no doubt that what was done by the municipal authorities in the matter of publication of the preliminary rolls was that a verbatim copy of the punjab legislative assembly electoral rolls which had been prepared and arranged ward-wise in accordance with the instructions sent on 4th august 1959 by the director of elections was published as the preliminary rolls on 21st august 1959 without making any changes although the qualifying date in the light of the explanation appearing in rule 80 had become 20th ..... (2) the name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll prepared under this act : provided that the name of any person struck off the electoral roll by reason of disqualification under sub-section (1) shall forthwith be re-entered in that roll if such disqualification is, during the period such roll is in force, removed under the provisions of this act or under any other law authorising such removal. ..... the cantonment board, jullundur cantonment, air 1968 punj 356, issued a writ directing that the election with regard to a particular ward should not be held as it was not prepared in accordance with the cantonments electoral rules, 1945 (as amended in .....

G. Narasimha Murthy Vs. District Collector and ors.

Court : Andhra Pradesh

Reported in : 2006(3)ALD370; 2006(3)ALT433

..... being subordinate legislation the rules cannot make any provision which may have the effect of curtailing the content and scope of the substantive provision namely, the tenth schedule there is no provision in the tenth schedule to the effect that until a petition which is signed and verified in the manner laid down in the cpc for verification of pleadings is made to the chairman or the speaker of the house, he will not get the jurisdiction to give a decision as to whether a member of the house has become subject to disqualification under the schedule paragraph 6 of the schedule does not ..... union of india : [1981]1scr206 , five-judge constitution bench of this court had to consider the validity of certain provisions of the constitution (42nd amendment) act, 1976 which, inter alia, excluded judicial review. ..... one of the difficulties which was adverted to during the constituent assembly debates related to the somewhat indiscriminate or inappropriate use of the expressions 'subject to' and 'notwithstanding' in the articles in question. ..... a situation may arise, in some cases where strict adherence to any provision of the statute or rules may result in great hardship, in a given situation, where exercise of such power of exemption is to remove this hardship without materially effecting the policy of the act, viz. ..... 990 of 1968, dated 15-7-1968 : [1969]1scr317 the rules of natural justice are not embodied rules. .....

Vijay Shankar Mishra Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1999CriLJ521

..... was submitted that this statement/undertaking was not like a consent given by any law officer of the state but was given by one of the highest legal dignitary of the state who holds a cabinet rank and is the chief legal advisor of the government and has an access to the state legislative assembly and legislative council as a member of the house. ..... , but the disqualification (to contest election) stood removed by the retrospective operation of the act. ..... 2556 dated 29th june, 1968 as amended from time to time laying down general instructions regulating the appointment and tenure of the state law officers of the, state in the high court provides in clause 6 that the appointment as a law officer is only a provisional engagement terminable at will on either side and, accordingly, the governor reserves a right to terminate the engagement of any law officer at any time without assigning any ..... was further urged that as the hon'ble supreme court has declared that the amendment of section 24 of the code of criminal procedure was valid hence the state government is not bound to consult the high court before making any appointment of the chief public prosecutor or public prosecutor in the high court.58. ..... issuing a notification dated 29-6-1968, rescinding the crown rules of 1942 and by not making any further provision in the nature of rules regulating the recruitment and conditions of service, the state acted in violation of the right guaranteed under article 313 of the constitution of india. .....

Smt. Kesari Devi W/O Shri Gulab Singh, Chairman, Zila Panchayat Vs. St ...

Court : Allahabad

Reported in : 2005(4)AWC3563; 2005(3)ESC2209

..... , inter alia, the nature and the design of the statute, and the consequences which would follow from construing it the one way or the other, the impact of other provisions whereby the necessity of complying with the provisions in question is avoided, the circumstance, namely, that the statute provides for a contingency of the non-compliance with the provisions, the fact that the non-compliance with the provisions is or is not visited by some penalty, the serious or trivial consequences that flow therefrom, and, above all, whether the object of the legislation will be defeated ..... before parting with the case, it may be pertinent to mention here that section 29(3) of the 1961 act provides only for one punishment and that is removal from the post with further disqualification for a period of three years for contesting the election for the post. ..... after commencement of the provisions of part ix and ix-a in the constitution which had been brought by amendment, a constitutional status has been conferred upon the adhyaksha of zila panchayat, and the petitioner could not be removed in such a unceremonious manner. ..... 1 of 2002 (gujarat assembly election matter), : air2003sc87 ; and union of india v. ..... , 1968 all. .....

Satish Chandra Khandelwal Vs. Union of India and ors.

Court : Delhi

Reported in : AIR1983Delhi1; ILR1981Delhi917

..... was within the provision of the article and whether it was justiciable and inconsistent with the principles and requirement of federalism has been subject-matter of considerable debate and has been subjected to harsh criticism at the hands of an eminent author on the constitutional law of india, (2) but it is sufficient for our present purpose to say that the validity of the order dissolving the assemblies in that situation would be beyond constitutional doubt in view of the way in which the supreme court considered the question, when the previous government ..... is the authority to execute their orders in the same manner as the executive enforces the legislative commands. ..... hoping and expecting that the central government will amend the act and increase the taxes the corporation thought that its receipts will exceed the expenditure. ..... (i am aware of the warning given, by the supreme court that every error or lapse on the part of the corporation is not a disqualification meriting supersession within the language of section 490 ..... section 54 he is appointed by the central government and is removable by the central government if a resolution for such removal is passed by a majority of not less than 3/5th of the total cumber of members. ..... is true that the report of the murarka commission (1968) was not accepted by the government. ..... minister of agriculture (1968) ac 997 means that the courts exercise the power of overseeing to judge whether the authority has misdirected itself on facts or .....

Ravjibbai Bhikhabhai Patel Vs. Bilimora Nagar Palika

Court : Gujarat

Reported in : AIR1982Guj163; (1982)1GLR611

..... under the said act, the relevant part of electoral roll of mysore legislative assembly was deemed to be the list of voters for the panchayat constituency and the secretary of the panchayat had to maintain a duly authenticated separate list of voters of the said constituency. ..... in the elections in question without any demurrer against the elections being held on the basis of the voters list, as amended by the impugned order, thirdly, it was urged that since the application raises disputed questions of fact, this court should dot exercise its jurisdiction and the petitioners must be directed to obtain the redress of their grievances by the special remedy provided in the act, namely election petition or by appropriate remedy in civil court, if the jurisdiction of the election tribunal cannot be invoked on the merits of the grievances of the petitioners. ..... remedy of election petition being available under rule 34 of the bar council of delhi election rules, 1968 when election was held on the basis of the electoral roll prepared pursuant to the proviso to rule 3 (j) of the said rules, which was ultra vires the power of the state bar council and, therefore, invalid, and it was held that notwithstanding the alternative remedy provided and notwithstanding the fact that the petitioners came to challenge the election, before the court after it was over such a petition is competent .....

Konduru Veeraiah and ors. Vs. Food Corporation of India, Hyderabad and ...

Court : Andhra Pradesh

Reported in : AIR1989AP324

..... the petitioner thereafter made representations before respondents 1 and 2 on 11-11-1988 and 18-11-1988 and also got a letter addressed by sri baga reddy, leader of the opposition in the andhra pradesh legislative assembly, to the hon'ble minister for state for food and civil supplies on 18-11-1988 ..... after discussing the circumstances in which a monopoly was created under the provisions of the orissa kendu leaves (control of trade) act (28 of 1961), the supreme court observed that the validity of the law by which the state assumed the monopoly to trade in a given commodity has to be judged by the test whether the entire benefit arising therefrom is to ensure to the state and the monopoly is not used as a cloak for conferring private ..... the position, which seems to be the case, it would be in the best interests of the corporation to remove this misapprehension by deciding each case on the basis of the quotations received in open tender; otherwise the sanctity of tenders and re-invite them, in any case, there are definite reasons to believe that the quotations received in response to the ..... stand in the name of the parents of young persons but that by itself cannot result in disqualification. ..... in view of the importance of the above circular, it is deemed fit and proper to re-produce below the main features of the guidelines as follows :'as you are aware, the head office hadlaid down, in its circular cited (dated 18-8-1968) the procedure for negotiated tendersin fixing service ..... amend .....

Velamuri Venkata Sivaprasad (D)by Lrs. Vs. Kothuri Venkateswarlu (D)by ...

Court : Supreme Court of India

Reported in : AIR2000SC434; (1999)3CALLT90(SC); I(2000)DMC1SC; JT1999(9)SC242; 1999(7)SCALE224; (2000)2SCC139; [1999]Supp4SCR522; 2000(1)LC505(SC)

..... court: firstly, whether re-marriage of a widow prior to hindu succession act, 1956 would divest her of even the limited ownership of her deceased husband's property, having due regard to the provisions of section 2 of hindu widow's re-marriage act, 1856 (hereinafter referred to as 'the act of 1856'); and secondly, whether disqualification of inheritance, if any, by reason of re-marriage would stand obliterated by reason of the provisions of the madras hindu (bigamy prevention and divorce) act, 1949.2.the factual score in the appeal presently before us reveals that one rosaiah was ..... the observations of the learned judge in paragraph 13 of the judgment pertaining to the issue as regards the effect of unchastity vis a vis the husband's separate or self acquired property under the shastric law and the effect of subsequent legislation thereon are also worth noting. ..... (2) for the removal of doubts it is hereby declared that nothing contained in this act shall be deemed to affect the provisions of any law for the time being in force providing for the prevention of fragmentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy rights in respect of such holdings.20. mr. ..... the textual authorities on this point will be found assembled in the judgment in keri kolitany v. ..... subbrabayudu (1968) ii an......455 were the earlier decisions of this court and other high courts also are noted and referred to. .....

S.Kasiramalingam Vs. the Chief Secretary, Government of Tamil Nadu and ...

Court : Chennai

..... the high court, constituted of the chief justice and other judges, exercising the judicial power of the state and is coordinate in position and status with the governor aided and advised by the council of ministers, who exercises the executive power and the legislative assembly together with the legislative council, if any, which exercises the legislative power of the ..... 1970 sc 694 is in respect of an issue as to whether a government pleader elected as member of legislative assembly is liable for disqualification. ..... the aforesaid findings, we are not required to examine other contentions raised by the petitioner including challenge to the explanations (a) and (aa) to article 217(2) inserted by 42nd amendment act, 1976 and 44th amendment act, ..... also submitted that as per article 319(d), the second respondent is not entitled to be appointed in any post, including the post of advocate general of tamil nadu, which can be treated only as an 'employment', as the post of advocate general carries performing certain official duties and receiving remuneration, and the person appointed as advocate general cannot refuse to give advice to the government, if sought for, like an ordinary advocate and he can be removed at the pleasure of the governor at any time, and as such, ..... (air 1968 sc 888) also emphasises the fact that the 1961 act inter alia provides that once a person is enrolled by any one of the state bar councils, he becomes entitled to practise in all courts including the supreme court .....