Court : Supreme Court of India
..... court held that as long as the name of the elected member appears in the notification published under the provisions of section 73 of the representation of the people act, 1951 that member can take part in all non-legislative activities of an elected member. reference was made to article 188 of the constitution which provides that every member ..... in view of the above, it was held that since the name of the proposer appeared in the notification published under section 73 of the representation of the people act, 1951 there was no infirmity in the nomination of the candidate to the rajya sabha.31. the decision of the calcutta high court as well as of this court were ..... summoning of the first meeting of the house. during that interval an elected member of the assembly whose name appears in the notification issued under section 73 of the act is entitled to all the privileges, salaries and allowances of a member of the legislative assembly, one of them being the right to function as an elector at .....
Tag this Judgment!Court : Supreme Court of India
..... , enacted to investigate into offences and/or class of offences notified under the said act, the central reserve police act, 1949, the bombay police act 1951, the calcutta police act 1866, the bengal police act, 1869, the madras city police act 1888, the assam rifles act, the nagaland armed police act, 1966, to name a few.134. the powers of an officer in charge of a police station are ..... before this court was as to whether a member of the state reserve police service acting under the bombay 130 state reserve police force act, 1951 could be said to be a police officer within the meaning of section 25 of the evidence act. the court analysed the aforesaid bombay act, and set out section 11(1) thereof, which states: when employed on active duty .....
Tag this Judgment!Court : Supreme Court of India
..... disregard it. two of us had occasion to examine this recently in rameshwar v. state of rajasthan [rameshwar v. state of rajasthan cri. a. no.2 of 1951, dated 20-12-1951 :1951. scc1213 . it follows that the testimony of an accomplice can in law be used to corroborate another though it ought not to be so used save in exceptional ..... circumstances in a case, when taken together on their face value, should indicate the meeting of minds between the conspirators for the intended object of committing an illegal act or an act which is not illegal, by illegal means. a few bits here and a few bits there on which the prosecution relies cannot be held to be adequate for ..... reference to sections 120-a and 120-b ipc would make these aspects clear beyond doubt. entering into an agreement by two or more persons to do an illegal act or legal act by illegal means is the very quintessence of the offence of conspiracy.275. generally, a conspiracy is hatched in secrecy and it may be difficult to adduce direct .....
Tag this Judgment!Court : US Supreme Court
..... of a chief police officer, a stipendiary magistrate, or two justices of the peace. [ footnote 2/16 ] common informer practice under this statute has since been abolished. common informers act, 1951, 14 & 15 geo. vi, c. 39. [ footnote 2/17 ] see fennell v. ridler, 5 b. & c. 406, 407-408 (1826): "the spirit of the ..... and sales with exceptions). cf. state v. trahan, 214 la. 100, 36 so.2d 652 (1948), and arrigo v. city of lincoln, 154 neb. 537, 48 n.w.2d 643 (1951) (exceptions for classes of businesses), holding unconstitutional sunday statutes in particular applications deemed discriminatory. [ footnote 2/134 ] city of denver v. bach, 26 colo. 530, 58 p. 1089 (1899) ..... footnote 2/92 ] among the many examples that might be found in frazer's golden bough, see his discussions of incest and murder, the golden bough (3d ed., a. reprint 1951), ii the magic art 107-117; taboo and the perils of the soul 218-219. for other classic instances in various fields, see weston, from ritual to romance (anchor ed .....
Tag this Judgment!Court : Supreme Court of India
..... dolo ... appellant versus atum welly ... respondent judgment dipak misra, j.the instant appeal has been preferred under section 116a of the representation of the people act, 1951 (for brevity, the act ) assailing against judgment and order dated 08.02.2017 whereby the high court of gauhati had allowed the election petition 2 of 2014 filed by the respondent ..... the result of the returned candidate. in other words, the violation or breach or non-observation or non-compliance with the provisions of the constitution or the 1951 act or the rules or the orders made thereunder, by itself, does not render the election of a returned candidate void section 100(1)(d)(iv). for the ..... returned candidate had not filed the electoral roll or a certified copy thereof and, therefore, had not complied with the mandatory provisions of section 33(5) of the 1951 act.11. in other words, before setting aside the election on the above ground, the high court ought to have carried out a further exercise, namely, to .....
Tag this Judgment!Court : Supreme Court of India
..... 1.the question raised was as follows: whether the election petition is liable to be dismissed for contravention of section 81 (3) of the representation of the people act, 1951 as copy of annexure a' to the petition was not given along with the petition for being served on the respondents. 58. it was noted that the contents of ..... 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. the facts:4. the challenge in these appeals is to a judgment and order dated 24th february 2010 passed by a learned single judge of the high court of ..... 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 & ors., (2012) 5 scc 51.which suggests to .....
Tag this Judgment!Court : Mumbai
..... submitted that the relevant penal provisions under the indian penal code as well as bombay police act, 1951 are not sufficiently deterrent. he submitted that even the penal provisions in the maharashtra prevention of defacement of properties act, 1995 are not stringent. he submitted that the state government will have to revisit the ..... court shall monitor the construction and commissioning of stps at gangapur and pimpalgaonkhamb; (viii) the state government shall consider of amending the bombay police act and defacement act providing for stringent punishments/penalties for various violations; (ix) the committee appointed by this court shall consider the issue of erecting barricades for preventing ..... of shri bhimrao abhiman shinde, deputy collector (land acquisition) no.2, nashik, it is stated that the notification under section 6 of the land acquisition act, 1894 was issued on 28th october, 2014. it is stated that the award will be declared on or before 31st december, 2014 subject to nashik .....
Tag this Judgment!Court : Supreme Court of India
..... status of cse-2022 rules", we hold that the cse-2022 rules have the force of an enforceable law. they are traceable to the all india services act, 1951 read with the indian administrative service (recruitment) rules, 1954 read with the indian administrative service (appointment by competitive examination) regulations, 1955 and all this read ..... the court very long.48. the union of india has explained the source of power for the cse rules. section 3 of the all india services act, 1951 states that the central government, after consultation with the governments of the states may make rules for the regulation of recruitment and the conditions of service ..... advertisement or notification issued/published calling for applications constitutes a representation to the public and the authority issuing it is bound by such representation. it cannot act contrary to it. one reason behind this proposition is that if it were known that persons who obtained the qualifications after the prescribed date but before .....
Tag this Judgment!Court : Supreme Court of India
..... , we think at this stage we should refer to certain decisions of this court where mahatma gandhi or gandhian thought have been reflected.76. in kesavananda bharati (supra), s.n. dwivedi, j, has stated that the constitution bears the imprint of the philosophy of our national movement for swaraj. the court also ..... in futility. 23. in reno v. american union of civil liberties[17]., the plaintiffs filed a suit challenging the constitutionality of provisions of communications decency act, 1996 (cda). the central issue pertained to the two statutory provisions enacted to protect minors from indecent and patently offensive communication on the internet. the court ..... sadomasochism and bdsm pornography. the accused in the said case successfully pleaded not guilty. the legal experts of england and wales started opining that the 1959 act had become redundant.17. relying on the aforesaid authorities, it is submitted by mr. subramanium, learned senior counsel appearing for the appellant that hicklin test .....
Tag this Judgment!Court : Supreme Court of India
..... the nomination paper of the returned candidate on the ground that he was not disqualified under section 7(b) of the representation of the people act, 1951. the election tribunal came to hold that the nomination paper of the candidate was wrongly rejected and the allegation pertaining to corrupt practice was not established ..... to power with regard to section 433-a which restricts the power of remission and commutation conferred on the appropriate government, noted various provisions of the prisons act, jail manual, etc. and concluded that reasonable and proper course would be to expand the option between 14 years' imprisonment and death. the larger bench ..... prescription when the trial courts reach a conclusion to impose the maximum punishment of death, further safeguards are provided under the criminal procedure code and the special acts to make a still more concretised effort by the higher courts to ensure that no stone is left unturned before the imposition of such capital punishments .....
Tag this Judgment!