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Judgment Search Results Home > Cases Phrase: president of india constitution of india Page 1 of about 123,635 results (0.295 seconds)

Apr 02 1993 (HC)

Sunderlal Patwa Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR1993MP214

..... the opinion that the government of the state cannot be carried on in accordance with the provisions of the consitution of india. hence, it is recommended that your excellency, the president of india, shoul proclaim president's rule under article 356 of the constitution of india and dissolve the state legislature forthwith. xxx xxx xxx 8c. the governor of state of madhya pradesh again on 10th ..... citizens in few cities in the state, as a result of sudden out-break of violence, could reasonably lead to the satisfaction of the president that the government was unable to function in accordance with the constitution of india and this court cannot sit on judgment over the same.32. the presidential proclamation, therefore, for the reasons given by us above, 'deserves ..... state and dissolving the state assembly. before we deal with the main contentions advanced by the counsel for the petitioner on the question of extent of power of the president under article 356 of the constitution of india and the scope of judicial review, it would be necessary to briefly state the factual back-ground in which the impugned proclamation by the ..... of the adminis-tration, 1 have reasons to be convinced that there should not be any further delay in imposition of president's rule according to article 356 of the constitution of india.xxxxx along with these three letters submitted to the president, letters from the secretary of the governor sent to the chief secretary of the state dated 10th december, 1992 (annexure .....

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Nov 05 2004 (SC)

E.V. Chinnaiah Vs. State of Andhra Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR2005SC162; 2005(1)ALD102(SC); 2004(5)CTC426; 2005(3)ESC426; [2005(2)JCR204(SC)]; JT2005(11)SC482; (2005)1MLJ79(SC); 2004(9)SCALE316; (2005)1SCC394; 2005(2)SLJ388(SC)

..... petitions as being violative of articles 15(4), 16(4), 162, 246, 341(1), 338(7), 46, 335 and 213 of the constitution of india as also the constitutional (scheduled castes) order 1950 notified by the president of india and scheduled castes and scheduled tribes amendment act, 1976. during the pendency of the said writ petitions, the state government replaced the ordinance ..... appointed a commission headed by justice ramachandra raju (retd.) to identify the groups amongst the scheduled castes found in the list prepared under article 341 of the constitution of india by the president, who had failed to secure the benefit of the reservations provided for scheduled castes in the state in admission to professional colleges and appointment to services in the ..... exclusion from the said list can only be done by the parliament under article 341(2) of the constitution of india. in the entire constitution wherever reference has been made to 'scheduled castes' it refers only to the list prepared by the president under article 341 and there is no reference to any sub-classification or division in the said list except ..... submitted the classification or sub-grouping made by the state legislature amounting to sub-classification or micro classification of the scheduled caste is violative of article 14 of the constitution of india.8. one of the arguments addressed on behalf of the appellant is that allotting a separate percentage of reservation from amongst the total reservation allotted to the scheduled .....

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Feb 18 1994 (SC)

Reference by the President

Court : Supreme Court of India

Reported in : JT1994(2)SC63; 1994(1)SCALE736; [1994]2SCR37; 1994(1)LC465(SC)

..... c.j., s.r. pandian, s. mohan, g.n. ray and faizan uddin, jj.1. this is a reference dated 30.1.1985 under article 317 of the constitution of india by the president of india for inquiry and report as to whether shri megha chandra singh, chairman of manipur public service commission, ought, on the ground of misbehaviour to be removed from the ..... that the said allegations be inquired into; now therefore, in exercise of the powers conferred upon me by clause (1) of article 317 of the constitution, i zail singh, president of india, hereby refer to the supreme court of india, for inquiry and report as to whether shri megha chandra singh, chairman, manipur public service commission, ought, on the ground of misbehaviour to be ..... of taking bribe is false, baseless and malacious.4. under these circumstances, we feel appropriate to adopt the procedure indicated in in re reference under article 317(1) of the constitution of india : [1983]3scr639 . the inquiry contemplated under article 317 is into the facts themselves so as to enable this court to pronounce upon the question whether the allegations made against ..... removed from the office of the chairman of the commission.new delhi delhi: 30th january, 1985 sd/- (zail singh) president of india. the allegations against shri megha chandra singh are as follows : (a) that the mark-sheets of the prospective candidates for the posts of assistant engineer (electricals) and assistant director .....

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Sep 25 2002 (SC)

Kaiser-i-hind Pvt. Ltd. and ors. Vs. National Textile Corporation (Mah ...

Court : Supreme Court of India

Reported in : AIR2002SC3404; 2003(1)ALLMR(SC)314; 2002(6)ALT8(SC); JT2002(7)SC339; (2003)1MLJ129(SC); 2002(7)SCALE95; (2002)8SCC182; [2002]SUPP2SCR555

..... five years i.e. upto 31.3.1986, it is necessary to reserve the bill after it is passed for consideration and the assent of the president under article 254(2) of the constitution of india after it is passed by the state legislature. further as the subject matter of the bill falls under the entries relatable to the concurrent legislative list and ..... , 1351, 2192, 2218, 2622-2623, 3047, and 3053 of 1991:1. short but important question involved in these matters is-- whether the 'assent' given by the president under article 254(2) of the constitution of india with regard to the repugnancy of the state legislation and the earlier law made by the parliament or the existing law could only be qua the 'assent ..... the following questions:--'1. whether, in the circumstances stated above, the bihar buildings, (lease, rent and eviction) control (amendment) act, 1951, required assent of the president under the provisions of article 254 of the constitution of india, and2. whether in the absence of such assent, the provisions of the bihar buildings (lease, rent and eviction) control act, 1947, still operate, after the 14th ..... as both the laws deal with a concurrent subject, will enure to its benefit, if it has been reserved for the consideration of the president and has received his assent', under the said provision of the constitution of india. thus, the sweep of mandate and serious nature of the result flowing from the assent renders, in my view, the very exercise of power .....

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Sep 27 2012 (SC)

Re: Special Reference No. 1 of 2012 [Under Article 143(1) of the Const ...

Court : Supreme Court of India

..... .now therefore, in exercise of powers conferred upon me by clause (1) of article 143 of the constitution of india, i, pratibha devisingh patil, president of india, hereby refer the following questions to the supreme court of india for consideration and report thereon, namely:q.1 whether the only permissible method for disposal of all natural resources across all sectors and in ..... .20. mr. sunil gupta, learned senior counsel, appearing on behalf of the state of u.p., added that when article 143(1) of the constitution unfolds a high prerogative of a constitutional authority, namely, the president, to consult this court on question of law or fact, it contains a no less high prerogative of this court to report to the ..... transactions. therefore, all" governmental policy" drawn with reference to contractual matters, it has been held, must conform to the aforesaid parameters. while article 14 of the constitution of india permits a reasonable classification having a rational nexus to the object sought to be achieved, it does not permit the power of pick and choose arbitrarily out of several ..... ranjan gogoi, jj.in exercise of powers conferred under article 143(1) of the constitution of india, the president of india has on 12th april, 2012, madethe present reference. the full text of the reference (sans the annexures)is as follows: "whereas in 1994, the department of telecommunication, government of india ("goi"), issued 8 cellular mobile telephone services licenses ("cmts licenses"), 2 in .....

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Jul 30 2015 (SC)

Yakub Abdul Razak Memon Vs. State of Maharashtra and Anr

Court : Supreme Court of India

..... had not submitted any mercy petition.6. there is no dispute over the fact that the petitioner had not submitted any representation invoking the authority of the president of india under article 72 of the constitution of india. however, it is not in dispute that his brother had submitted. it is also beyond dispute that the petitioner does not disown the submission of the ..... . rohatgi would further contend that at the drop of a hat, everybody can add a new fact or a new development and expect the president of india to deal with it as contemplated under article 72 of the constitution of india and, thereafter, challenge the same in a court of law.12. the instant petition is a clear expose of the manipulation of the ..... 30.07.2013. after the rejection of the application for review, suleman, the brother of the petitioner, represented under article 72 of the constitution to the president of india on 06.08.2013, claiming benefits under article 72(1) of the constitution. the petitioner on 07.08.2013, wrote to the superintendent, central jail, nagpur, informing him about receipt of petition by the office ..... . anand grover, learned senior counsel and mr. yug chaudhry, learned counsel, appearing for the petitioner, stating that the assail has become inevitable after the president of india in exercise of his power under article 72 of the constitution has rejected the mercy petition preferred by the petitioner. be it stated, it is contended by the learned counsel for the petitioner that by virtue .....

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Sep 20 2005 (HC)

Dr. N. Ram Gopal Vs. Executive Officer, Tirumala Tirupati Devasthanam ...

Court : Andhra Pradesh

Reported in : 2005(6)ALD255; 2005(6)ALT210

..... as a pre-qualification for appointment and such power is conferred only on parliament under article 16(3) read with article 35(a)(i), or the president under article 371d of the constitution of india, the rules applicable to government servants which are made applicable, under the 1983 ttd rules and the 1989 ttd rules, to employees of the ttd also ..... . posts under the state:18. the power, to make special provisions with respect to the state of andhra pradesh, under article 371-d of the constitution of india, is conferred exclusively on the president and, that too, to posts under the control of the state government or under any local authority within the state.19. there is no formal definition ..... which an order made under clause (1) provides for. (a. suryanarayana (supra)).the presidential order:13. after insertion of article 371-d of the constitution, by the constitution (thirty-second amendment) act, 1973, the president of india, issued the andhra pradesh public employment (organisation of local cadres and regulation of direct recruitment) order, 1975 (hereinafter referred to as 'the presidential order'). ..... sanjay pant, : (1994)illj218sc ).32. while interpreting paragraph-5 of the andhra pradesh educational institutions (regulation of admission) order, 1974, (an order of the president under article 371-d of the constitution of india), a full bench of this court in b. sudhakar (supra), held that a single seat, in super speciality medical courses, is required to be reserved in favour .....

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Jul 27 1979 (HC)

Chinta Subba Rao Vs. the Supreme Commander of Defence Forces of the Un ...

Court : Andhra Pradesh

Reported in : AIR1980AP172

..... is unprecedented. but is the writ plea for the imposition of martial law on the whole country by the president of india referred to in the petition as the 'supreme commander of the defence forces' legally tenable? is the president of india constitutionally comeptent to impose martial law on the country in the present circumstances? has this court got power and jurisdiction ..... to issue this writ?3. the petitioner in his affidavit states that the president of india knows fully well that no single party or group commands majority in ..... the lok sabha at present. he further states that the present constitutional impasse ..... petition in our view is totally misconceived. technically no writ of this court can go to the president of india whom the petitioner chooses to describe as the 'supreme commander of the armed forces'. article 361, cl. (1) of the constitution which declares 'the president, or the governor of rajpramukh of a state, shall not be answerable to any court for .....

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Jan 19 1988 (SC)

Anand Kumar Vs. Kattail Bhaskaran and ors

Court : Supreme Court of India

Reported in : JT1988(1)SC154; 1988(1)SCALE120; (1988)2SCC50; [1988]2SCR728; 1988(1)LC449(SC)

..... the age of shri k. bhaskaran, the chief justice of the andhra pradesh high court must, therefore, be decided by the president of india on the advice of the chief justice of india as enjoined by article 217(3) of the constitution in the light of the principles laid down by this court in jyoti prakash mitter's case.5. the high court, in ..... our considered opinion, should have thrown out the petition under art. 226 of the constitution at the very threshold because the president of india was seized with the question under article 217(3) of the constitution, indeed, it appears from the judgment of the high court that when the learned counsel for the union of ..... his further advice.(3) a view in the matter will be taken by the president of india after the advice of the chief justice of india is made available.2. in view of the foregoing, it is clear that the president of india in compliance with article 217(3) of the constitution of india has referred the question as to the age of shri k. bhaskaran, the ..... to the age of the chief justice or a sitting judge of a high court is a judicial function of the president of india, which has to be discharged in accordance with the special provisions made under article 217(3) of the constitution. such a question as to the age of the chief justice or a judge under article 217(3) of the .....

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Nov 29 1976 (HC)

Abdul Taiyab Abbas Bhai Malik and ors. Vs. the Union of India (Uoi) an ...

Court : Madhya Pradesh

Reported in : AIR1977MP176

..... , j.1. this is a petition filed by the petitioners for a certificate under articles 132 and 133 of the constitution of india.2. learned counsel appearing for the petitioners contended that in so far as the notification by the president of india constituting permanent benches under section 51(2) of the states reorganisation act is concerned, it involves a question about the interpretation of ..... articles 2, 3, 4 and entry 78, list i, of the seventh schedule of the constitution. it is also contended that as regards the decision about the ..... the applicants are advocates practising in the high court of madhya pra-desh at jabalpur. they had filed a petition under articles 226 and 227 of the constitution praying that the orders of the president of india, dated 28-11-1968, establishing permanent benches at gwalior and indore be quashed and the hon'ble the chief justice be directed to recall the orders ..... jurisdiction for the permanent benches at gwalior and indore so as to curtail the jurisdiction of the high court at its principal seat ? (ii) whether the orders of the president constituting permanent benches at gwalior and indore vide annexs. 1 and 2 to the return of the registrar are to be construed as carving out an exclusive jurisdiction for the said .....

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