Judgment Search Results Home > Cases Phrase: visva bharati act 1951 section 19 the samsad court Page 98 of about 1,827 results (1.231 seconds)

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... has been judicially evolved by seven judge bench in automobile transport case (supra) and the majority opinion had upheld the provisions of rajasthan motor vehicles taxation act, 1951 holding it to be compensatory tax. in view of the serious reservation expressed by the learned counsel for the parties on the compensatory tax theory, it ..... . this court completely ignored the concept of 'federalism' which has now been accepted as basic feature of the constitution after judgment of this court in kesavanand bharati's case (supra). iii. each of their lordships in aforesaid cases draw support from various australian and us cases, whereas, there is no comparison of ..... be careful not to upset the delicately-crafted constitutional scheme by a process of interpretation. (emphasis supplied) 82. reference may also be made to kesavananda bharati s case (supra) where a bench of thirteen judges cautioned that the process of interpretation should not diminish or whittle down the provisions of the original .....

The State Vs. Nadu Badyakar

Court : Kolkata

Reported in : AIR1963Cal562,1963CriLJ498,67CWN494

..... the validity under the constitution of any piece of penal legislation. in this connection, reference may be made to the decision ramsingh v. state of delhi, : [1951]2scr451 the following observation is made: 'if there is a legislation directly attempting to control a citizen's freedom of speech or expression or his right to assemble ..... they do not therefore offend against article 14 of the constitution. 6. accordingly, we decide that section 3 of the bengal criminal law (industrial areas) amendment act 1942 does not offend against article 14 or any other article of the constitution and is therefore perfectly valid. 7. the learned magistrate will now proceed to the ..... classification. for instance, clause (a) applies only to a person who is found armed with any dangerous or offensive instrument with intent to commit a criminal act between sunset and sunrise. in respect of this clause the basis of the reasonable classification is being armed with a dangerous or offensive weapon by night and .....

Yakub Abdul Razak Memon Vs. State of Maharashtra Th:cbi Mumbai

Court : Supreme Court of India

..... and pakistan, during the period between december, 1992 and april, 1993, having conspired advocated, abetted, advised and knowingly facilitated the commission of terrorist acts and acts preparatory to terrorist acts i.e. serial bomb blast in bombay and its suburbs on 12.03.1993 by: (i) arranging finance and managing the disbursement by generating the ..... of the said amendment to understand that the underlying purpose of introducing section 120-a was to make a mere agreement to do an illegal act or an act which is not illegal by illegal means, punishable. objects and reasons are as follows: the sections of the indian penal code which deal directly ..... premises, having procured, concealed, aided and abetted tiger memon and his associates for smuggling arms, ammunitions and explosives into the country for commission of terrorist act and also by having in his possession and control explosive substances like handgrenades and detonators with an intent, and by means thereof, to endanger the lives .....

Manoj Narula Vs. Union of India

Court : Supreme Court of India

..... . in k. prabhakaran v. p. jayarajan[10]., in the context of enacting disqualification under section 8(3) of the representation of the people act, 1951 (for brevity the 1951 act ), it has been reiterated that persons with criminal background pollute the process of election as they have no reservation from indulging in criminality to gain ..... . this gave rise to the argument that fundamental rights chapter is not part of basic structure. khanna, j.however, does not so say in kesavananda bharati case. from the aforesaid authorities, it is luminescent that the principle of implied limitation is attracted to the sphere of constitutional interpretation. the question that is ..... that it correctly reflects the majority view. thereafter, the learned chief justice proceeded to state thus:- 16. ...the theme song of the majority decision in kesavananda bharati is: amend as you may even the solemn document which the founding fathers have committed to your care, for you know best the needs of your generation .....

Dr. Subhash Kashinath Mahajan Vs. The State of Maharashtra

Court : Supreme Court of India

..... to the constitution, for now it has been repeatedly held that no constitutional amendment can be sustained which [violates the basic structure of the constitution. see kesavananda bharati sripadagalayaru v. state of kerala air1973sc1461), smt. indira nehru. gandhi v. raj narain [1976].2scr347]., minerva mills ltd. v. union of india [1981].1scr206 ..... be misused to settle other disputes between the parties like the case one in hand, which is alien to the provisions contemplated under the laudable act. an act enacted for laudable purpose can also become unreasonable, when it is exercised over-zealously by the enforcing authorities for extraneous reasons. it is for ..... must bear in mind that it cannot be misused to settle other disputes between the parties, which is alien to the provisions contemplated under the act. an act enacted for laudable purpose can also become unreasonable, when it is exercised overzealously by the enforcing authorities for extraneous reasons. it 14 2004 scc online .....

Brajesh Singh Vs. Sunil Arora

Court : Supreme Court of India

..... including rape, etc. it is in this backdrop that the present contempt petition has to be decided.12. section 8 of the representation of people act, 1951 [hereinafter referred to as the act of 1951 ]., states as follows: 8. disqualification on conviction for certain offences.- (1) a person convicted of an offence punishable under- (a) section 153a ..... the constitution of india only operates in areas left unoccupied by legislation and in the case at hand, the constitution of india and the representation of the people act, 1951 already contain provisions for disqualification of members of parliament. therefore, directing the election commission to (a) deregister a political party, (b) refuse renewal of a ..... this court in state of h.p. v. satpal saini [state 43 of h.p. v. satpal saini, (2017) 11 scc42 and kesavananda bharati v. state of kerala [kesavananda bharati v. state of kerala, (1973) 4 scc225 wherein the doctrine of separation of powers was concretised by this court. it is the contention of .....

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

Court : Supreme Court of India

..... , if he is disqualified under any law relating to corrupt practices or any other offence in connection with elections.118. in 1951, parliament enacted the representation of the people act, 1951 (hereinafter referred to as, the 1951 act ). 158119. thereunder, the word election has been defined in section 2(d) to mean an election to fill a seat ..... in india constitutes a part of the basic structure of 17 air1951sc33218 2021 scc online sc46319 (1975) suppl. scc1118 the constitution of india (see his holiness kesavananda bharati sripadagalvaru v. state of kerala and another20) and i.r. coelho (dead) by lrs v. state of t.n.2183. in indian aluminium co. and others ..... constitution and the various steps leading up to and accompanying its enactment. in this regard, we may refer to the following view expressed in his holiness kesavananda bharati sripadagalvaru v. state of kerala and another10: 1598. if the debates in the constituent assembly can be looked into to understand the legislative history of a .....

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

Court : Supreme Court of India

..... lanka: is a secular state. buddhists constitute its majority. on the issue in hand, it has the following legislation in place: muslim marriage and divorce act 1951 act 6 of 1951 as amended by act 40 of 2006 section 17 (4) save as otherwise hereinafter expressly provided, every marriage contracted between muslims after the commencement of this ..... high level guarantee of reasonableness in relation between man and state, an injunction against arbitrariness or oppressiveness. i have had occasion to consider this question in kesavananda bharati s case. i said: when a court adjudges that a legislation is bad on the ground that it is an unreasonable restriction, it is drawing the ..... , that talaq-e-biddat violated the aforesaid fundamental right, which postulates equality between men and women. learned counsel relied on the decisions of this court in kesavananda bharati v. state of kerala18, and minerva mills ltd. v. union of india19 to contend, that it was the duty of courts to intervene in case of .....

Navtej Singh Johar Vs. Union of India Ministry of Law and Justice Secr ...

Court : Supreme Court of India

..... fundamental in the governance of the country cannot be neglected, for they are not less significant than what is fundamental in the life of an individual as held in kesavananda bharati v. union of india23. 21 (1973) 1 scc2022 (2005) 8 scc53423 (1973) 4 scc22541 57. another application for intervention, being i.a. no.76790 of 2018, ..... 62 unhcr guidelines on international protection no.9: claims to refugee status based on sexual orientation and/or gender identity within the context of article 1a(2) of the 1951 convention and/or its 1967 protocol relating to the status of refugees (emphasis is ours) 95 146. in the said context, the observations made by leonard sax ..... indecency a crime in the united kingdom, and was used to prosecute homosexuals where sodomy could not be proven. in 1895, oscar wilde was arrested under the act for committing acts of gross indecency with male persons .26 during wilde s trial, the prosecutor, referring to homosexual love, asked him, what is the love that dare not .....

Sebi Vs. Sameer C. Arora

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... investigations were initiated. when the investigations were in progress it became apparent to sebi that shri arora had, prima-facie, violated the provisions of sebi act, rules and regulations made there-under. considering the gravity of the violations committed by shri arora and the emergent need to protect the interest of ..... salaries by their relevant alliance capital subsidiary/affiliate, in the country in which such employees are located. however, alliance capital employees may continue to act as officers of the various alliance capital subsidiaries/affiliates around the world for which they have been allocated responsibilities as necessary and appropriate." in view ..... head - asia emerging markets reporting to the acaml board.press release dated february 3, 2003 issued by alliance capital states "samir arora will continue to act as chief investment officer of alliance capital's indian operations......." commenting on the occasion, shri samir c. arora stated "i am pleased to continue my .....