Judgment Search Results Home > Cases Phrase: the orissa legislative assembly deputy speaker s salary and allowances act 1959 Page 1 of about 86 results (0.193 seconds)

P.V. Narsimha Rao Vs. State (Cbi/Spe)

Court : Supreme Court of India

Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870

..... . reference is then made to certain provisions of the representation of the people act, 1950, which has provided for total number of seats in the legislative assembly, and so far as orissa is concerned, the second schedule mentions that the orissa legislative assembly shall consist of 147 members.8 ..... . it was held that even though a member of legislative assembly receives his salary and allowances in his capacity as such member, he is not a person in the pay of the government inasmuch as the expression 'government' connotes the executive and not the legislature and a member of legislative assembly is certainly not in the pay of the executive ..... been made between an 'office' and a 'seat' and that while the expression 'office' has been used in the constitution in relation to various constitutional authorities such as president, (articles 56, 57, 59 and 62) vice-president, (article 67) speaker and deputy speaker of the lok sabha, (article 93, 94, 95 and 96) deputy chairman of rajya sabha, (article 90) ministers, (article 90) judges of the supreme court (article 124), judges of the high court (article 217) and the attorney general of india (article 76) but insofar as a member of parliament and a member of state legislature is concerned the expression used in 'seat' and not 'office' which .....

Raghu Thakur Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1997MP223

..... salaries and allowances of members of the legislature of the state, of the speaker and deputy speaker of the legislative assembly and, if there is a legislative council, of the chairman and deputy chairman thereof.10. ..... members of the legislative assembly and the legislative council of a state shall be entitled to receive such salaries and allowances as may from time to time be determined by the legislature of the state by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such condition as were immediately before the commencement of this constitution applicable in the case of members of the legislative assembly of the corresponding province.'4. ..... from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1993, there shall be paid a pension of one thousand and four hundred rupees per mensem to every person who has served for a period of four years, whether continuous or not) (i) as member of the council of states; or (ii) as a member of the house of the people; or (iii) partly as a member of the council of states and partly as a member of the house of the people; or (iv) as a member of the provisional parliament; or (v) partly as a member of the provisional parliament and - (a) partly as a member of the council of states and partly as a member of the house of the people ..... (14) orissa ex-mla pension for 5 years rs. .....

Bhanukumar JaIn Vs. Kamal Gupta and ors.

Court : Madhya Pradesh

Reported in : AIR2004MP25; 2003(4)MPHT124; 2003(3)MPLJ182

..... he submitted various provisions of the act of 1956 as well as of the constitution and submitted that looking to the powers, privileges and immunities enjoyed by the members of legislative assembly, in view of article 195 of the constitution of india by which salaries and allowances of members of legislative assembly are payable and looking to the various legislations passed by the state legislative assembly for vetan, bhatta, pension, travelling allowances, free transit by railways, free bus passes, telephones etc. ..... vidhan mandal sadasya nirhata nivaran adhiniyam, 1967 (hereinafter referred to as 'the adhiniyam of 1967'), it has been declared that certain offices of profit such as (1) speaker and deputy speaker of the state legislative assembly (2) chairman and deputy chairman of the state legislative council (3) minister of state (4) deputy minister (5) parliamentary secretary (6) advocate general (7) government pleader (8) public prosecutor (9) any person appointed as, or performing the functions of a patel under the m.p. ..... raj bahadur (air 1959 rajasthan 227), the division bench of the rajasthan high court has held that the office of the oath commissioner in rajasthan is an office of profit under the government of rajasthan as the oath commissioners are appointed by the government and the office brings a profit to the holder thereof, therefore, it must be held to be an office of profit.21. ..... collector, mayurbhanj, orissa and ors. .....

The Bihar Agriculture Marketing Board Employees Association Through It ...

Court : Patna

..... it ordains that on and from the date of repeal of the act of 1960, all officers and employees of the board shall remain in employment, as if the act has not been repealed and they shall continue to be paid same salary and allowances as were payable on the date of repeal of the act of 1960 till such time state government has taken such final decision as is provided thereafter. ..... but if any law not falling within the mischief of article 301 and is otherwise within the competence of state legislature, is not required to he presented to the president for his sanction before introducing in the legislative assembly.the very purpose and object of the entire scheme unfolded in part xiii of the constitution is that for enactment of any law which is not for imposing any restriction much less reasonable restriction on freedom of trade, commerce or intercourse, the requirement of previous sanction of the president is not there. ..... kameshwar singh reported in : [1952]1scr1020 , where a bill was duly endorsed by the speaker but was questioned on the ground that the proceedings of the legislature did not record that the bill was formally put to the house under the rules of business for the purpose of invalidating the enactment. ..... state of orissa : [1954]1scr1 , the apex court said -it may be made clear at the outset that the doctrine of colourable legislation does not involve any question of 'bona fides' or 'mala fides' on the part of the legislature. ..... : [1959]1scr279 . .....

Adv. Aires Rodrigues Vs. the State of Goa by Its Chief Secretary and o ...

Court : Mumbai

Reported in : 2009(111)BomLR737

..... the state of karnataka has enacted the karnataka parliamentary secretaries allowances act, 1963 while government of assam also enacted the assam parliamentary secretaries (appointment, salaries, allowances and miscellaneous provisions) act, 2004 and even reference can be made to the following legislations ..... secretaries are to relate to the appointments in the state legislature, then there should exist a codified law in relation to requirements, conditions of service, qualifications for appointment to the post or the governor of the state, after consultation with the speaker of the assembly in the manner specified under article 187(3) of the constitution of india can make ..... state of orissa:it other words, it is the substance of the act that is material and not merely the form or outward appearance, and if the subject matter in substance is something which is beyond the powers of that legislature to legislate upon, the form in which the law is ..... the parliament (prevention of disqualification) act, 1959 provides that the office of the `parliamentary secretary' in so far as it is an office of profit under the government of india or government of the state has been saved from the ..... been appointed as chairman, deputy chairman and commissioner of different companies/corporate sectors/departments owned or run by the state of goa in accordance with the articles of association and memorandum and service rules framed in exercise of its power under sub-ordinate legislation or as per regulations .....

Sarat Kumar Kar Vs. State of Orissa and anr.

Court : Orissa

Reported in : 2008(II)OLR891

..... salaries and allowances of members of the legislature of the state, of the speaker and deputy speaker of the legislative assembly and, if there is a legislative council, of the chairman and deputy chairman thereof.39. ..... 437/2004 - whereas the hon'ble speaker, orissa legislative assembly has brought to the notice of the government the issues of alleged corruption in purchase of computers and illegal appointments made in the orissa legislative assembly during the 12th assembly, which have been published in different dailies;and whereas, after carefully considering the gravity of the allegations, the state government is of the opinion that these being definite matters of public importance should be enquired into by a commission of inquiry under the commissions of inquiry act, 1952 (60 of 1952);now, therefore, in exercise of the powers conferred by section 3 read with sub-section ..... in paragraph 188, the hon'ble apex court held as under:ram krishna dalmia : [1959]1scr279 in so far as it decides that the commissions of inquiry act, 1952 falls within the legislative competence of the parliament in view of entry 94 of list i and entry 45 of list iii must, with respect, be affirmed and accepted as good law. ..... tendolkar : [1959]1scr279 , p. .....

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

Court : Supreme Court of India

Reported in : AIR1977SC2328; (1977)GLR919; (1977)0GLR90; 1977LabIC1857; (1977)4SCC193; [1978]1SCR423

..... the salary and allowances of a high court judge are charged on the consolidated fund of the state under article 202, clause (3) (d) so that under article 203 clause (1) they are not subject to the vote of the legislative assembly, the object being that the legislature should not be in a position to effect the independence of the high court judiciary by exercising pressure through refusal to vote the salary and other allowances ..... follows:217(1) every judge of a high court shall be appointed by the president by warrant under his hand and seal after consultation with the chief justice of india, the governor of the state, and, in the case of appointment of a judge other than the chief justice, the chief justice of the high court and shall hold office, in the case of an additional or acting judge, as provided in article 224 and in any other case, until he attains the age of sixty-two years:provided that-(a) a judge may, by ..... speaker vie with the other to assert that the judiciary must be free from executive influence or pressure and judicial independence was of the greatest importance such was the great anxiety and solicitude of the constitution makers for the independence of the judiciary and it is difficult to believe that with all this overweening concern for judicial independence, the constitution markers could have intended to enact a provision which has the tendency and effect to imperil the independence of the judiciary, particularly when they took care to introduce in the .....

Shibu Soren Vs. Dayanand Sahay and ors.

Court : Supreme Court of India

Reported in : AIR2001SC2583; JT2001(5)SC504; (2001)3MLJ124(SC); 2001(4)SCALE395; (2001)7SCC425; [2001]3SCR1020

..... (1) the members shall be nominated to the council in the following manner:- (a) maximum 8 members of the legislative assembly representing their legislative assembly constituencies of the area shall be nominated by the speaker, bihar legislative assembly; (b) maximum two members of the parliament representing their lok sabha constituencies wholly or mostly of the area shall be nominated by the state government; (c) maximum 8 parsons having experience of public works, urban works, rural development on social welfare works and who are inhabitants of the area, shall be nominated by the state government ..... 750/- paid to the appellant as chairman of interim council besides other daily allowances and perquisites of rent free accommodation and car with driver, could not be said to be in the nature of compensatory allowances and was in the nature of remuneration or salary inherently implying an element of 'profit' and of giving 'pecuniary gain' to the appellant, it follows that the appellant was holding an office of profit under the state government.49. ..... was further held that the said disqualification was not saved by the parliament 'prevention of disqualification act, 1959' on the pleas raised in the additional written statement which inter alia included the plea that as chairman of interim council, the appellant enjoyed the 'status' and other privileges of a minister within the state and hence his disqualification stood removed by section 3 of prevention of disqualification act, 1959. .....

R.S. Nayak Vs. A.R. Antulay

Court : Supreme Court of India

Reported in : AIR1984SC684; AIR1984SC991; (1984)86BOMLR365; 1984CriLJ613; 1984CriLJ819; 1984(1)Crimes568(SC); 1984(1)Crimes926(SC); 1984(1)SCALE198; 1984(1)SCALE583; (1984)2SCC183; (1984

..... ' armed with this power, the maharashtra state legislative assembly has enacted 'the maharashtra legislature members' salaries and allowances act, 1956 (bombay act xlix of 1956)'. ..... article 195 of the constitution provides that members of the legislative assembly and the legislative council of a state shall be entitled to receive such salaries and allowances as may from time to time be determined by the legislature of the state by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of the constitution applicable in the case of members of the legislative assembly of the corresponding province. ..... the legislative assembly enacted the act enabling to pay to its members salary and allowances. ..... under the maharashtra legislature members' salaries and allowances act, 1956 was and is in the pay of the government. ..... articles 178 to 186 provide for officers of the state legislatures such as the speaker and deputy speaker of the legislative assembly and chairman and deputy chairman of legislative council as the case may be, their powers, functions and their either vacating the office or removal from the office. ..... shivji lal [1959] supp. 2 s.c.r. .....

Bhagat Ram Sharma Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1988SC740; JT1987(4)SC476; 1987(2)SCALE1097; 1988Supp(1)SCC30; [1988]1SCR1034

..... from the date of his retirement, the learned single judge disallowed the appellant's claim for pension as a member of the state legislative assembly under the proviso to sub-section (1) of section 6b of the himachal pradesh legislative assembly (allowances and pension of members) act, 1971 on the ground that no part of the cause of action against the state of himachal pradesh arose within the territorial jurisdiction of the high court under article 226 of the constitution.2. ..... the expression 'member'is defined in section 2(c) to mean a member of the assembly, other than a minister, deputy minister, speaker or deputy speaker. ..... now, it would be seen that clause (5) similarly 'substituted' new regulation 6(1) dealing with the salary and allowances payable to the chairman and other members of the public service commission, and underneath appears the following:notwithstanding anything contained in the regulations, clause (i) of the proviso to sub-regulation (i) shall be deemed to have come into effect from 1-11-1956.nothing prevented the governor while issuing the aforesaid order dated august 10, 1972 from making a similar provision with regard to the newly added regulation 8(3). .....