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Judgment Search Results Home > Cases Phrase: privileges constitution of india Page 1 of about 37,296 results (0.101 seconds)

Jan 10 2007 (SC)

Raja Ram Pal Vs. the Hon'ble Speaker, Lok Sabha and Ors.

Court : Supreme Court of India

Reported in : JT2007(2)SC1; (2007)3SCC184

..... constituent assembly had intended to write such a privilege also into our constitution and to deem it as part and parcel thereof? if so, to whom were ..... pass judgment during the course of impeachment. can one for a moment read such a power or privilege in favour of the state legislatures in india?(240) i am of the view that it is essentially tautologous to first read something into the constitution and in the next breath to proceed to erase the same. this exercise becomes inevitable, if, ..... king through their chosen representatives. this is admitted on all hands to be a parliamentary privilege which was considered fundamental by the house of commons and undoubtedly enjoyed by it. can one for a moment conceive that the republican constitution of india would incorporate this privilege for its state legislatures. how can even one imagine that the founding fathers in the ..... mentioned therein should be deemed to have been written in pen and ink in our constitution also when its very preamble solemnly declares that the people of india have constituted themselves into a sovereign, socialist secular democratic republic in particular, one may consider the accepted parliamentary privilege of the freedom of access to the sovereign including a right at all times to petition .....

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Oct 19 2000 (HC)

israil @ Israr Pahelvan Nazirahmed Shaikh Vs. State of Gujarat

Court : Gujarat

Reported in : 2001CriLJ2209; (2001)1GLR306

..... by the detaining authority for two witnesses is not in accordance with law, and in conformity of ait. 22(5) of the constitution of india, and therefore, when privilege claimed is not genuine, section 9(1) of the act is not applicable to the facts of this present case, and in that case, the detaining authority ought to have ..... reproduction of statements of two confidential witnesses in the grounds of detention claimed privilege under section 9(2) of the act, but as the detaining authority has not referred to any ..... case of kalidas chandubhai kahar (supra) that at the time of exercising the privilege under section 9(2) of the act, the balance is required to be struck between public interest on one hand and right of detenu to make representation under article 22(5) of the constitution of india on the other. if the statements of witnesses are to be relied, they ..... , for the reasons assigned earlier, the detaining authority has wrongly exercised the privilege under section 9(2) of the act and that wrong exercise of power under section 9(2) of the act has affected the detenu's right of making effective representation under article 22(5) of the constitution of india. (ii) as discused earlier, the detaining authority has by making mere .....

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Oct 12 1965 (HC)

Jagdish Gandhi Vs. Legislative Council Through Its Chairman and ors.

Court : Allahabad

Reported in : AIR1966All291

..... a member and he should have some remedy in this regard. a reference, however, to clause (2) of article 194 of the constitution of india shows that the privilege of a member of the legislature in this regard is absolute, and cannot be questioned in a court of law. it may be that ..... for the breach, if any.' 18. in the present case the argument of the learned counsel for the petitioner is that a committee of privileges was constituted for 1964-65. in paragraph 4 of the supplementary affidavit it is stated that the first session of the house began on the 8th february ..... the vidhan parishad.the above allegations were of an insulting character. they were calculated to intimidate a member of the house and would obviously constitute a breach of privilege. reference in this connection was made to may's parliamentary practice (17th edition) at pages 122-124 in which it is stated that ..... in the present case. so far as this point is concerned, it is conceded by the learned counsel that the previous committee of privileges was a properly constituted committee. it is further conceded by the learned counsel that that committed did give an opportunity to the petitioner to defend himself. in ..... was different from the personnel of the committee recording the evidence would not make any difference in the nature of the body constituted. both the committees were the committees of privileges of the same house and were appointed for the same purpose, and the recommendations by either of them were open to .....

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Jan 31 2014 (HC)

Ram Kumar Chaudhary Vs. State of Haryana

Court : Punjab and Haryana

..... document crm-m-3814-2014 (o&m) seat of the legislature as vacant. it is claimed that the petitioner will be deprived of the privilege of immunity provided under article 194(2) of the constitution of india. in the spirit of above said provisions, mr.p.s.ahluwalia, advocate, for the petitioner has argued that the petitioner has got an indefeasible ..... to attend the proceedings of the session. he has argued that as per the spirit of provisions of article 194 of the constitution of india certain privileges are conferred on the person of state legislation and the privileges have got a sacrosanct nexus and in saggregation with the obligations cast on a member of the state legislation. he relied upon the ..... right of speech inside the house and on the ground that he enjoys exclusive privilege as member of the state legislation to meet the constitutional obligation. the provisions of article 190 and 194 of the constitution of india are pari materia with articles 101 & 105 of the constitution of india under chapter v which deals with the members of the parliament, their disqualification and ..... the privileges etc.the provisions of articles 101 & 105 of the constitution of india fall under chapter vi (i) of the constitution of india dealing with the members of the state executive, state legislation and the disqualification and privileges etc., of the members of the state legislation. provisions of articles 101 & .....

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Jan 30 2014 (HC)

Ram Kumar Chaudhary Vs. State of Haryana

Court : Punjab and Haryana

..... document crm-m-3814-2014 (o&m) seat of the legislature as vacant. it is claimed that the petitioner will be deprived of the privilege of immunity provided under article 194(2) of the constitution of india. in the spirit of above said provisions, mr.p.s.ahluwalia, advocate, for the petitioner has argued that the petitioner has got an indefeasible ..... to attend the proceedings of the session. he has argued that as per the spirit of provisions of article 194 of the constitution of india certain privileges are conferred on the person of state legislation and the privileges have got a sacrosanct nexus and in saggregation with the obligations cast on a member of the state legislation. he relied upon the ..... right of speech inside the house and on the ground that he enjoys exclusive privilege as member of the state legislation to meet the constitutional obligation. the provisions of article 190 and 194 of the constitution of india are pari materia with articles 101 & 105 of the constitution of india under chapter v which deals with the members of the parliament, their disqualification and ..... the privileges etc.the provisions of articles 101 & 105 of the constitution of india fall under chapter vi (i) of the constitution of india dealing with the members of the state executive, state legislation and the disqualification and privileges etc., of the members of the state legislation. provisions of articles 101 & .....

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Aug 23 1996 (HC)

Vijay Kumar Gehlot and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1997(1)WLC1; 1996(2)WLN48

..... for reservation in favour of the members of scheduled castes, scheduled tribes and other backward classes have been made. articles 15(4) and 16(4) of the constitution of india confer a privileged status on scheduled castes and scheduled tribes. though different language has been used in article 15(4) and article 16(4) but the beneficiaries under both these articles ..... categories in the rules vide notification dated 13th sep. 1962 published in the rajasthan rajpatra, extra ordinary, part iv(c), dated 13.9.62, under article 309 of the constitution of india, whereby the rules called as the rajasthan state and subordinate services (direct recruitment by combined competitive examination) rules, 1962 (for short as 'rules of 1962') had come ..... castes and scheduled tribes is directly proportionate to their population while reservation for other backward classes is about 50% of the population percentage.11. article 46 of the constitution of india which is part of directive principles of state policy, declares the objectives of the state to promote the educational and economic interests of the weaker sections of the people ..... benefit of this proviso cannot be extended to the other backward classes.9. though the expression 'backward classes of the citizen' used in article 16(4) of the constitution of india, does not make any distinction between scheduled castes/scheduled tribes and the other backward classes but the use of expression 'other backward classes' together with 'scheduled castes and .....

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Sep 04 1998 (HC)

Superintendent, Prohibition and Excise, Bhimavaram, Eluru, W. G. Dist. ...

Court : Andhra Pradesh

Reported in : 1998(6)ALD204; 1998(5)ALT498

..... that we are concerned with the liquor licences in which the citizen has no right guaranteed under article 19(1)(g) of the constitution of india but only a privilege. no doubt once a licence is granted valuable right would accrue to him and that can be taken away as per the provisions ..... that we are concerned with the liquor licences in which the citizen has no right guaranteed under article 19(1)(g) of the constitution of india but only a privilege. no doubt once a licence is granted valuable right would accrue to him and that can be taken away as per the provisions ..... a court must remain preserved so that every action of the court is informed by fundamental norms of law and by the principles embodied in the constitution and other sources of law........'7. before adverting to the factual matrix and the contentions raised, it would, however, be worthwhile to note ..... the law is and if two laws conflict with each other the courts must decide on the operation of each.' 4. ours is a written constitution having three independent organs viz., the legislature, the executive and the judiciary: whereas the legislature legislates and the executive administers, the judiciary is the ..... the legislature itself is limited by that higher law, as in the usa or in india, a legislative act, too, would be unconstitutional and invalid when it contravenes the constitution. the peculiarity of judicial review in the constitutional sphere is that this power is welded by the judiciary, not over any inferior tribunal .....

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Jul 14 1997 (HC)

Sunil Vs. the Assistant Commissioner of Prohibition and Excise/Excise ...

Court : Andhra Pradesh

Reported in : 1997(4)ALT636

..... greater force when we notice that we are concerned with the liquor licences in which the citizen has no right guaranteed under article 19(1)(g) of the constitution of india but only a privilege. no doubt once a licence is granted, valuable right would accrue to him and that can be taken away as per the provisions of the act. but as ..... simple order of suspension of the licence of the petitioner pending enquiry.6. it is settled law that this court in a judicial review proceeding under article 226 of the constitution does not act as a court of appeal against the orders passed by the statutory authorities. the court is more concerned with the decision making process. court is not required ..... conduct his business and trade subject to such terms and conditions as may be prescribed by the statute, rules and the licencing conditions. the licensee has no other right or privilege except that is specifically granted to him by the authority. this legal position has to be borne in mind by this court in considering the validity of any order passed .....

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Jul 04 2014 (HC)

P.Ayyappan Vs. General Manager Indian Bank

Court : Chennai

..... an infringement of the concomitant rights vested in some other person, who may claim certain privileges recognised by the constitution of india and the other laws applicable to the creation of equal opportunity in public employments and in educational institutions and in certain other areas, where the policy of reservation ..... regard to the genuineness or validity of the certificates issued in favour of the applicant. such an empty exercise would be a clear infringement of the provisions enshrined in the constitution of india relating to the principles relating to equality and social justice.20. we are also aware of the fact that if a community certificate is issued, erroneously, it would be ..... . it cannot be said that the said void appointment would enable the appellant to claim that he was holding a civil post within the meaning of article 311 of the constitution of india. as appellant had obtained the appointment by playing a fraud he cannot be allowed to take advantage of his own fraud in entering the service and claim that he ..... the appointment on the basis of a false caste certificate he cannot be considered to be a person who holds a post within the meaning of article 311 of the constitution of india. finding recorded by the scrutiny committee that the appellant got the appointment on the basis of false caste certificate has become final. the position, therefore, is that the appellant .....

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Dec 09 1997 (HC)

Hyder MohiuddIn Vs. Life Insurance Corporation of India

Court : Andhra Pradesh

Reported in : 1998(4)ALD166; 1998(1)ALT1

..... to secure it to the best advantage of the community. it is stated that the respondent corporation is bound to secure for insured persons the rights guaranteed under the constitution of india and the privileges promised under the directive principles. it is further stated that the corporation is conducting the life insurance business with a view to secure maximum benefits for the corporation ..... against two learned judges who had passed the order in the high court. the supreme court set aside the order and while interpreting articles 141, 142 and 144 of the constitution of india, made certain important remarks. while interpreting their own order dated 14th january, 1994 the supreme court made the following observations :'ex facie courtesy is the blend of our order ..... be said that the supreme court has already given guidelines with regard to the matters raised in this writ petition. needless to say that in terms of article 144 of constitution of india it is mandatory for all authorities in the country to act in aid of supreme court. although the supreme court had not given any directions, the supreme court had ..... insurance corporation policies, the court made the following observation :'10. we cannot help but feel distressed that despite articles 38, 39, 41 and 43 of the constitution, the life insurance corporation of india, an instrumentality of the state, which is given the monopoly of life insurance business in the country has taken no steps to offer proper security and protection to .....

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