Judgment Search Results Home > Cases Phrase: the legislative assembly removal of disqualifications amendment act 1968 1 Page 13 of about 183 results (0.157 seconds)

Janhit Abhiyan Vs. Union Of India

Court : Supreme Court of India

..... the representation of anglo-indian community in the house of the parliament and in the legislative assemblies of the states by nomination, has already ceased by virtue of the 104th 23 amendment w.e.f. ..... in raghunathrao, the validity of the constitution (twenty-sixth amendment) act, 1971 which removed privy purses was brought into question, inter alia, on the ground that it violated the basic structure and essential features of the constitution of india and was, therefore, outside the scope and ambit of the powers of the parliament to amend the constitution. ..... though, the majority opinion did not find the entire amendment unconstitutional but the court declared invalid paragraph 7 of the tenth schedule to the constitution, which excluded judicial review of any matter connected with the disqualification of a member of a house in terms of 31 hereinafter also referred to as p. ..... there is indeed close relationship between civil and political rights on the one hand and economic, social and cultural rights on the other and this relationship is so obvious that the international human rights conference in teheran called by the general assembly in 1968 declared in a final proclamation: since human rights and fundamental freedoms are indivisible, the full realisation of civil and political rights without the enjoyment of economic, social and cultural rights is impossible. .....

Nabam Rebia and Etc. Etc. Vs. Deputy Speaker and Ors.

Court : Supreme Court of India

..... . he had had lost his competence to pass the disqualification order since a notice of his removal dated 19th november, 2015 was pending and was to come up before the legislative assembly on 16th december, 2015 ..... . however, in more or less similar circumstances in punjab (1967), uttar pradesh (1968), madhya pradesh (1969) and orissa (1971) the legislative assembly was not dissolved ..... . since a reference was earlier made to article 371-a of the constitution in the context of the discretionary powers of the governor, it is necessary to mention that that article was inserted in the constitution by the constitution (thirteenth amendment) act, 1962 ..... . two writ petitions were filed in the punjab & haryana high court challenging, inter alia, the prorogation and re-summoning of the assembly, the ordinance issued by the governor on 13th march, 1968 as well as the appropriation acts to which the governor had given his assent ..... . when the assembly met, the speaker ruled that the house was not prorogued on 11th march, 1968 but on 18th march, 1968 and ruled that the proclamation of the governor dated 14th march, 1968 summoning the house was illegal and void and that he had no power to re-summon the house once adjourned ..... . briefly, the annual budget of the state was to be considered by the legislative assembly and the financial statement was discussed in the assembly on 4th, 5th and 6th march, 1968 .....

Anoop Baranwal Vs. Union Of India Ministry Of Law And Justice Secretar ...

Court : Supreme Court of India

..... (3) the decision of the president on a petition submitted by any person under sub-section (2) of section 8a in respect of any disqualification for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a state shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11a of this act as it stood immediately before the commencement of the election laws (amendment) act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for voting also.120. ..... governor chairman 3 years removed and 2 rights by the retired or 70 only by the members (s.22) commission governor chief years president on the justice or whichever (section (the recommendation a judge of is protection of 22 of earlier appointment a hc human committee rights act, of consisting: members- (section chairper 24 1993) serving or son and cm term of retired members speaker office of judge of of state of chairperson the hc or commission) legislative and a district assembly, members the state court in of the protection the state state home of commission) minister, human leader of eligible rights the for re- act, 1993 in appointment opposition the legislative assembly 3. .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... consultation between the president and the chief justice of india postulated in the constitution is by-passed bringing about a huge alteration in the process of appointment of judges; the 99th constitution amendment act and the njac act have reduced the consultation process to a farce a meaningful participatory consultative process no longer exists; the shared responsibility between the president and the chief justice of india in the appointment of judges is passed on to a body well beyond the contemplation of the constituent assembly; the possibility of having committed judges and the ..... existence of the judicial power in a peculiar body of men, nominated indeed, but not removable at pleasure by the crown, consists one main preservative of the public liberty which cannot subsist long in any state unless the administration of common justice be in some degree separated both from the legislative and from the executive power ..... instances where 2.5.1 the judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings; 2.5.2 the judge previously served as a lawyer or was a material witness in the matter in controversy; or 2.5.3 the judge, or a member of the judge's family, has an economic interest in the outcome of the matter in controversy: provided that disqualification of a judge shall not be required if no other tribunal can be constituted to deal with the case or, because of urgent circumstances, failure to act could lead .....

Subhash Desai Vs. Principal Secretary, Governor Of Maharashtra

Court : Supreme Court of India

..... the explanation to section 23 of the maharashtra legislature members (removal of disqualification) act 195613 provides that the chief whip in relation to the maharashtra legislative assembly means a member of the house who has been declared as the whip by the party forming the government; iv. ..... misra, j.also referred to the amendment to article 179(c) (draft article158) that was negatived by the constituent assembly, to reach the same conclusion as khehar, j.article 181(2) of the constitution provides that the speaker shall have the right to speak in and take part in the proceedings of the legislative assembly while a resolution for their removal from office is under consideration but shall not be entitled to vote in case of an equality of votes. ..... the eci issued the symbols order in 1968 in exercise of the powers conferred by article 324 of the constitution read with section 29a of the representation of the people act 1951 and rules 5 and 10 of the conduct of elections rules 1961. .....

Brajesh Singh Vs. Sunil Arora

Court : Supreme Court of India

..... that no power is vested in the state legislature to make law laying down disqualifications of membership of the legislative assembly or legislative council of the state and power is vested in parliament to make law laying down disqualifications also in respect of members of the 36 legislative assembly or legislative council of the state. ..... (5) section 33-b inserted by the representation of the people (third amendment) act, 2002 does not pass the test of constitutionality, firstly, for the reason that it imposes a blanket ban on dissemination of information other than that spelt out in the enactment irrespective of the need of the hour and the future exigencies and expedients and secondly, for the reason that the ban operates despite the fact that the disclosure of information now provided for is ..... of the unlawful activities (prevention) act, 1967 (37 of 1967); or (e) the foreign exchange (regulation) act, 1973 (46 of 1973); or (f) the narcotic drugs and psychotropic substances act, 1985 (61 of 1985); or (g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive activities) of the terrorist and disruptive activities (prevention) act, 1987 (28 of 1987); or (h) section 7 (offence of contravention of the provisions of sections 3 to6) of the religious institutions (prevention of misuse) act, 1988 (41 of 1988); or (i) section 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of .....

Thirubhuvanam Silk Handloom Weavers' Co-operative Production and Sales ...

Court : Chennai

Reported in : (1992)2MLJ260

..... amend the tamil nadu co-operative societies act, 1983 (tamil nadu act 30 of 1983) suitably and also to conduct election to all co-operative societies under the said act as proposed to be amended: and whereas pending amendment, it has been decided to supersede the boards of management of the primary societies and to appoint special officers for a limited period, in the public interest:be it enacted by the legislative assembly of the state of tamil nadu in the forty-second years of the republic of india as follows: (in the place of the last paragraph above, the ordinance contained/contains, and whereas the legislative assembly of the ..... nonmination as a member of that board or for re-election or nomination to the board of any other registered society, for a period of three years which shall be reckoned,-(a) in the case of the disqualification mentioned in sub-clause (i) the said clause (b), from the date on which the dues referred to therein have been fully cleared; and(b) in the case of disqualification mentioned in sub-cluase (iii) or (iv) of the said clause (b), from the date on which the dues involved in such decree, decision, award, order, certificate or application ..... the amendment act and the supersession may be said to have affected the society, which is a juristic entity, the persons de facto affected are such members, who were elected and/or nominated, but were removed as a consequence of the enforcement of the amendment act ..... the english practice until the grenville act, 1968 .....

Kalpana Mehta and Ors. Vs. Union of India and Ors.

Court : Supreme Court of India

..... the standing orders of the central legislative assembly provided for a committee on petitions relating to bills, select committee on amendments of standing orders, and select committee on bills. ..... thus, there can be no suggestion of a breach of parliamentary privilege if the courts decide that legislation is incompatible with the european convention for the protection of human rights and fundamental freedoms: by enacting the human rights act 1998 the court held that the conclusions of the report of a committee that had led to legislation could well be relied upon since the purpose of the reference is either historical or made with a view to ascertaining the mischief at which the legislation was aimed. ..... eventually, the majority expressed that when there is no disqualification for a person against whom charges have been framed in respect of heinous or serious offences or offences relating to corruption to contest the election, it is difficult to read the prohibition into article 75(1) by interpretative process or, for that matter, into article 164(1) to the powers of the prime minister or the chief minister in such a manner. ..... restriction on discussion in parliament: no discussions shall take place in parliament with respect to the conduct of any judge of the supreme court or of a high court in the discharge of his duties expect upon a motion for presenting an address to the president praying for the removal of the judge as hereinafter provided.122. ..... 1968, madras 10. .....

Sankalchand Himatlal Sheth Vs. Union of India (Uoi) and anr.

Court : Gujarat

Reported in : (1976)17GLR1017

..... article 203(1) provides that the expenditure which is charged upon the consolidated fund of a state shall not be subjected to the vote of the legislative assembly, meaning thereby that the high court judge is guaranteed his salary and allowances free from the control of legislative or popular vote ..... , bihar university : [1968]1scr231 the question had arisen as to the true interpretation of section 4 of the university of bihar, bhagalpur and ranchi (amendment) act, 1962 under which the chancellor was said to have been conferred unanalyzed powers without indicating any criterion, as on the recommendation of the university service commission with respect to the teachers covered by it, he could uphold or refuse to uphold the appointment. ..... where the meaning of the statute is clear and sensible, either with or without the omitted words, interpolation is improper, since the primary source of the legislative intent is in the language of the statute.therefore, on the supposed scheme of functional representation underlying article 171 of the constitution, their lordships refused to add an implied qualification of being a graduate, on a representative of the graduates' constituency which the constitution-makers or, in any event, the parliament could have easily imposed, and it was held that would be invading the legislative sphere, and the defect could be removed only ..... . thus a further disqualification to practice after retirement is a necessary consequence of an order of transfer of a high court .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... senior counsel appearing for the aimplb, drew our attention to the debates in the legislative assembly, whereupon, the muslim personal law (shariat) application act, 1937 was enacted ..... solemnized, whether before or after the commencement of the indian divorce (amendment) act, 2001, may, on a petition presented to the district court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent (i) has committed adultery; or (ii) has ceased to be christian by conversion to another religion; or (iii) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or (iv) has, for ..... the tag of personal law got removed from the muslim personal law shariat , after the enactment of the shariat act, at least for the questions/subjects with reference to which 215 the legislation was ..... 1968 klt763 was that the only condition necessary for a valid exercise of the right of divorce by a husband is that he must be a major and of sound mind at the that time and he can effect divorce whenever he desires and no witnesses are necessary for dissolution of the marriage and the moment when talaq is pronounced, dissolution of marriage is effected; it can be conveyed by the husband to the wife and it need not be even addressed to her and it takes effect the ..... the creature of a statute and is obviously subject to qualifications and disqualifications enacted by .....