Court : Supreme Court of India
..... in abhiram singh v. c.d. commachen (dead) by legal representatives and others22 and that is why section 123(3) of the representation of the people act, 1951 has been construed keeping in view electorate centric interpretation rather than candidate centric one. the submission is that the purposive interpretation has become the elan vital of statutory ..... 29. in gurmej singh v. pratap singh kairon23, the constitution bench was dealing with the true construction of section 123(7) of the representation of the people act, 1951. the question that arose before the constitution bench was whether a lambardar, a person in the service of government or covered by any of the clauses of section ..... 123(7) of the 1951 act. the election tribunal had held that lambardar was a revenue officer. the high court set at naught the finding recorded by the election tribunal by opining that .....
Tag this Judgment!Court : Supreme Court of India
..... above doctrine was in those cases where this court exercised its power under article 142 of the constitution to render complete justice; (v) by maharashtra act xxiii of 2001 there is a legislative codification of the broad principles enunciated in madhuri patil. the legislation provides a statutory framework for regulating the issuance ..... for the confiscation and cancellation of false certificates . section 7 is in the following terms : 7. (1) where, before or after the commencement of this act, a person not belonging to any of the scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes or special backward ..... de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category 10 part a (regulation of issuance and verification of) caste certificate act, 2000. the legislation essentially takes care, for that state of the concerns that were expressed in the decision of this court in madhuri patil by .....
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
..... elector and whether the appeal if made is in violation of the provisions of sub-section (3) of section 123 of the representation of the people act, 1951.50. the reference is answered as above and the matter may be placed before hon ble the chief justice for necessary orders. .....................................................j ( madan ..... analysed is whether this interpretation is belied by the legislative history of the statutory provision. e. legislative history 24 originally, the representation of the people act, 1951 distinguished between major corrupt practices (which were defined in section123) and minor corrupt practices (in section 124). among the minor corrupt practices, sub- ..... recording her dissent smt. chakravartty stated that : the major amendment in the bill is clause 23 seeking to amend section 123 of the principal act (1951). the ostensible reason given is that communal and caste propaganda and the enmity arising there from, must be checked for the purposes of strengthening .....
Tag this Judgment!Court : Supreme Court of India
..... hereby declared (a) every detention order in force at the commencement of the preventive detention (amendment) act, 1951, shall continue in force and shall have effect as if it had been made under this act as amended by the preventive detention (amendment) act, 1951; and (b) nothing contained in sub-section (3) of section 1, or sub-section (1 ..... v. state of madras.[6]. in that case, the preventive detention act, 1950 (a temporary act that would cease to have effect on 1st april, 1951 except as regards things done or omitted to be done before that date) was amended by the preventive detention (amendment) act, 1951. the period of preventive detention of detenus (such as the petitioners ..... ) of section 12 of this act as originally enacted shall be deemed to affect the validity or duration of .....
Tag this Judgment!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 .....
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!Court : Supreme Court of India
..... p. 105, para48) 48. it cannot be ignored that respondent 2 company is a scheduled industry controlled by the provisions of the industries (development and regulation) act, 1951. the price of its products is subject to these controls. we are also satisfied that the public is vitally concerned in the saving of foreign exchange in our ..... our constitution. (emphasis supplied) 72. in state of bombay v. ali gulshan air1955sc810a constitution bench of this court considered vires of the bombay land requisition act, 1948 (act 23 of 1948). interpreting provisions of the constitution and schedule vii thereof, the court held that requisition of property by the government of bombay for accommodation of ..... as also lord denning's observation earl fitzwilliam etc. v. minister of t. & c. planning [1951]. 2 k.b. 284,. this is on the principle that if in such a situation the dominant purpose is unlawful then the act itself is unlawful and it is not cured by saying that they had another purpose which was lawful .....
Tag this Judgment!Court : Supreme Court of India
..... should discharge his functions in his own discretion.134. insofar as the question of judicial review is concerned, it was submitted, that this court in the kesavananda bharati case17 had recognized judicial review, as a part of the basic structure of the constitution. it was also acknowledged, that a series of judgments rendered by this ..... actual working of article 85 of the constitution posed some problems. this led to the first amendment to the constitution.34. the parliamentary debate of 16th may, 1951 shows that when the constitution (first amendment) bill was moved by prime minister jawaharlal nehru, he pointed out that parliament had been in continuous session since november ..... . (3) if any question arises whether any matter is or is not a matter as respects which the governor-general is by or under this act required to act in his discretion or to exercise his individual judgment, the decision of the governor-general in his discretion shall be final, and the validity of anything .....
Tag this Judgment!Court : Supreme Court of India
..... to the authorities on this subject. the principle has been succinctly stated by lord asquith in east end dwelling co. ltd. v. finsbury borough council, (1951) 2 all er587 when he observed :- "if you are bidden to treat an imaginary state of affairs as real, you must surely, unless prohibited from doing ..... the respondent and having bestowed our serious consideration to the respective submissions, the various decisions relied upon and the provisions contained in the partnership act, the interest act, civil procedure code and arbitration act, we are of the view that the submissions of mr. dhruv mehta, learned senior counsel for the appellant merit acceptance. to appreciate ..... , j.an interesting but very important legal question arises for consideration in this appeal relating to interpretation of section 69(3) of the indian partnership act with reference to its applicability to arbitral proceedings. the facts are not in controversy which can be briefly stated as under: the respondent which is .....
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