Court : Supreme Court of India
..... not a prohibition but only a reasonable restriction. a seven- judge bench of this court in para (41) held as under:- 41. the message of kesavananda bharati (1973) 4 scc225is clear. the interest of a citizen or section of a community, howsoever important, is secondary to the interest of the country or community as ..... direct impact on the fundamental right of individuals as against the greater public or social interest. in state of bombay and anr. v. f.n. balsara [1951]. scr682 a constitution bench of this court held that in judging the reasonableness of the restriction imposed on the fundamental right, one has to bear in mind ..... insofar as the preamble is concerned, it stipulates that the provisions are made to provide for the 'regulation' of admission and fixation of fee. further, the act encompasses private professional educational institutions of all disciplines and is not confined to medical and dental professions. however, writ petitions were filed raising the grievance against the .....
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..... national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. (emphasis supplied) 61. the facts in bharati tamang (supra) seeking de novo investigation, present somewhat an identical fact situation. the appellant s husband, president of a political party was brutally murdered in public ..... cases, as set-out in the writ petition involves offences inter alia, under sections 302, 307, 149, 120b ipc as well as under the arms act and gangster act. the appellant has been candid enough to state in no uncertain terms, that though the evidence was galore against the respondent nos. 4 and 5 and ..... to her, this respondent has been booked in a number of cases under sections 302 and 307 ipc as well as amongst others, under the gangster act, national security act and had been identified also as a member of the interstate gang in december 2002. accusing the state government, the above notwithstanding, of bestowing its .....
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..... found in the fact that in shirur mutt (supra), though the eventual conclusion of the court upholds the validity of the act (madras hindu religious and charitable endowments act, 1951) certain specific provisions i.e. section 21 which empowered the commissioner and his subordinates to enter the premises of any religious ..... fact that reference to hindus in the constitution includes persons professing the sikh, jain and buddhist religions and the statutory enactments like hindu marriage act, hindu succession act etc. also embraces sikhs, jains and buddhists within the ambit of the said enactments is another significant fact that was highlighted and needs ..... institution at any time for performance of duties enjoined under the act has been struck down indicating consistency with the principle extracted above. .....
Tag this Judgment!Court : Supreme Court of India
..... decision-making authority. the expectation should be legitimate, that is, reasonable, logical and valid. any expectation which is based on sporadic or casual or random acts, or which is unreasonable, illogical or invalid, cannot be a legitimate expectation.42. the doctrine of legitimate expectation ordinarily would not have any application when the ..... any transaction or negotiations with the authority, cannot invoke the doctrine of legitimate expectation, merely on the ground that the authority has a general obligation to act fairly. 41. the aforesaid decision makes it clear that this doctrine cannot be applied in cases of invalid expectation, and as in the present case ..... the decision-making authority. the expectation should be legitimate, that is, reasonable, logical and valid. any expectation which is based on sporadic or casual or random acts, or which is unreasonable, illogical or invalid cannot be a legitimate expectation. not being a right, it is not enforceable as such. it is a .....
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..... it was pointed out, that in the former judgment, this court held as invalid and unconstitutional, section 8(4) of the representation of the people act, 1951, which provided inter alia, that a member of parliament convicted of an offence and sentenced to imprisonment for not less than two years, would not suffer ..... court subsequent to bharati case.74. the earliest of them is indira nehru gandhi case (supra). by the constitution 39th amendment article 329a was inserted. clauses (4) and (5) of the said article sought to exclude the complaints of violation of the provisions of the representation of the people act, 1951 from scrutiny ..... bharati is whether the amendments introduced by sections 4 and 55 of the constitution (42nd amendment) act, 1976 damage the basic structure of the constitution by destroying any of its basic features or essential elements. [179]. para 31. for these reasons, we are of the view that the amendment introduced by section 4 of the constitution (first amendment) act, 1951 .....
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..... v. sadapathi pillai, air1925mad 318 and s. soundajan v. m/s. roshan & co., air1940mad 42. in a. subbaraya mudaliar v. k.sundarajan, a.i.r. 1951 mad 1986, it was pointed out that the condition of confirmation by the court being a safeguard against the property being sold at an inadequate price, it will be not ..... offered. that is because the court is the custodian of the interests of the company and its creditors and the sanction of the court required under the companies act has to be exercised with judicial discretion regard being had to the interests of the company and its creditors as well. this principle was followed in rathnaswami pillai ..... satisfy itself that having regard to the market value of the property the price offered is reasonable. unless the court is satisfied about the adequacy of the price the act of confirmation of the sale would not be a proper exercise of judicial discretion. in gordhan das chuni lal v. s. sriman kanthimathinatha pillai, air1921mad 286, it .....
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..... , 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 .....
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..... 9766-9775 of2003|wipro ltd. |.....appellant(s) | |versus | | |assistant collector of customs & ors. |.....respondent(s) | w i t h civil appeal no(s). 1950-1951 of2004judgment a.k. sikri, j.these appeals are preferred by the appellant challenging the validity of judgment dated 11.10.2002 passed by the division bench of the high court ..... without laying down any guidelines; it cannot be so exercised as to bring into existence substantive rights or obligations or disabilities not contemplated by the provisions of the act itself."36. we are, therefore, of the opinion that impugned amendment, namely, proviso (ii) to sub-rule (2) of rule 9 introduced vide notification ..... irrational and arbitrary, thus violative of article 14 of the constitution and was also ultravires section 14(1) and section 14(1)(a) of the customs act.13) the respondents defended the aforesaid amendment by pointing out that over last number of years, it was found impossible to ascertain the actual amounts incurred towards .....
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..... s) referred to in sub-section (1) or sub-section (2), or covered in sub-section (3), of section 8 of the representation of the people act, 1951 (43 of 1951)]. and sentenced to imprisonment for one year or more. if the deponent is convicted and punished as aforesaid, he shall furnish the following information: in the following case ..... addressed to the issue pertaining to undue influence. the court observed: "we may in this connection refer to section 123(2) of the representation of the people act 1951 which also defines "undue influence". the definition there is more or less in the same language as in section 171-c of the indian penal code except that ..... as follows:"60. corrupt practices - the following shall be deemed to be corrupt practice for the purposes of this act:- (1) bribery as defined in clause (1) of section 123 of the representation of people act, 1951. (central act xliii of 1951) (2) undue influence as defined in clause (2) of the said section."39. from the aforesaid provisions, .....
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..... this court and also their removal. similarly, article 217 deals with the appointment and removal of the judges of the high court. in the judges' enquiry act of 1968 provisions are made for investigation into misbehavior or incapacity of a judge. it may be noted that since judges of the superior courts occupy very ..... andhra pradesh high court and the allahabad high court, respectively), to lay down the "in-house procedure", for taking suitable remedial action against judges, who by their acts of omission or commission, do not follow the accepted values of judicial life, including the ideals expressed by the supreme court in the "restatement of values of judicial ..... conducted in the matter, are not in consonance with the "in-house procedure" adopted by this court for taking suitable remedial action against judges, who by their acts of omission or commission, do not follow the accepted values of judicial life, including the ideals expressed by the supreme court in the "restatement of values of .....
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