Court : Allahabad
Reported in : 1999(3)AWC1838; (1999)2UPLBEC1336
..... in respect of the article in which it is used so as to constitute an offence under section 7/16 of the prevention of food adulteration act involving moral turpitude rendering thereby a disqualification within the meaning of section 5a of the act. it is not the gravity of the offence or the quantum of punishment which determines the question but the nature and ..... to have served life imprisonment and. therefore, entitled to be released forthwith. the controversy came to be considered by the apex court in the case of nath singh v. state of punjab, air 1983 sc 855 in which it was held that there will be no question of releasing the convict forthwith simply because he has served 14 years rigorous imprisonment in ..... moral turpitude or not will necessarily depend on the circumstances in which the offence is committed. it is not every punishable act that can be considered to be an offence involving 'moral turpitude', would not have been used by the legislature and it would have disqualified every person who had been convicted of any offence. the tests which should ordinarily be applied ..... for judging whether a certain offence does or does not involve moral turpitude appear to be (1) whether the act leading to a conviction was such as could shock the .....Tag this Judgment!
Court : Allahabad
Reported in : 2006(1)AWC771
..... 27-a (1 )(b) of the act and the state enactment should be held to be unconstitutional. on the contrary the state enactment is well intentioned and in the interest of the local body, has, well been taken care of. besides, it is within competence of the state legislature to make enactments prescribing disqualification of a chairperson. article 243c(5) states that a panchayat of the village ..... expiration of the period specified in article 334. (6) nothing in this part shall prevent the legislature of a state from making any provision for reservation of seats in any panchayat or offices of chairpersons in the panchayats at any level in favour of backward class of citizens.243-f. disqualifications for membership.- (1) a person shall be disqualified for being chosen as, and ..... the matters in list ii. it is true that sections 272 to 276 of the indian penal code deal with punishment for adulteration of articles of food, while the prevention of food adulteration act, 1954 also deals with the same topic. as a procedural facet chapter 18 of the code of criminal procedure, 1973 (for short 'the code') and the relevant provisions ..... pradhan v. union of india air 1999 sc 2814;3. state of punjab v. bhajan singh : 2scr149 ;4. mahendra kumar shastri v. union of india : air1983sc299 ;5. j. prasad v. mukhaiya : 1scr608 ;6. n.p, ponnuswami v. returning officer namkhal constituency : 1scr218 ;7. jyoti basu v. debi ghosal : 3scr318 ; and8. state of u.p. v. c.o.d., cheoki (1997 .....Tag this Judgment!
Court : Allahabad
Reported in : 2005(4)AWC3563; 2005(3)ESC2209
..... the adhyaksha sought to be removed after furnishing him the copy of the inquiry report. the punishment under the statute is singular and severe. removal is accompanied by a complete disqualification prescribing debarment from contesting elections in future for three years. applying the tests laid down by the apex court, strict adherence to every provision is mandatory and failure to do ..... standard of proof also is much higher than in case of other grounds for the election petition. under the 1961 act, there is no such distinction and this issue requires the attention of the legislature.172. however, it is worth appreciating that the state government has framed the 1997 rules for the purpose of holding the inquiry against the adhyaksha and upadhyaksha. such ..... solely for the assistance of the court in view of the provisions of chapter xxii rule 5-a of the allahabad high court rules, 1952 in order to secure the ends of justice and in order to prevent any miscarriage of justice.44. we now proceed to examine the rival contentions advanced on the merits of the case. legal propositions:45. the ..... good faith' means 'for legitimate reasons'. it must be exercised bona fide for the purpose and for none other. (vide sirsi municipality v. cecelia kom francis tellis, : (1973)illj226sc ; the state of punjab and anr. v. gurdial singh and ors., : 1scr1071 ; the collector (distt magistrate) allahabad and anr. v. raja ram jaiswal, : 3scr995 ; and delhi administration v. manohar lal, : .....Tag this Judgment!
Court : Allahabad
Reported in : 40CompCas611(All); [1971(21)FLR357]; (1970)IILLJ393All
..... . mr. chaudhry, however, maintained that the petitioner has a right to seek election to u.p. vidhan sabha.19. article 191 of the constitution contains a list of disqualifications for membership of a state legislature. according to sub-clause (e) of clause (1) of article 191, a person shall be disqualified for being chosen as a member of a legislative assembly, if he ..... article 31 was intended to prevent wrongful individual acts or to provide protection against private conduct. in that case the petition was directed against a private commercial organisation. in the present case the petition is directed against a ..... at liberty to resign. he cannot be heard to say that the regulation interferes with his fundamental rights. in support of this contention, reliance was placed upon lachman das v. state of punjab : 2scr353 their lordships noticed the argument that when operation of law is attracted by reason of a contract, inhibition under article 19 has no application. their lordships did ..... 19 can be claimed by government servants. it 'follows that fundamental rights can be claimed by employees of the corporation.12. in p.d. shamdasani v. central bank of india : 1scr391 shamdasani filed a petition under article 32 of the constitution against the central bank of india. it was held that the petition was not maintainable. neither article 19 nor .....Tag this Judgment!
Court : Allahabad
Reported in : 2009(4)AWC3181
..... , it was held by a division bench of the madras high court that a member of the state legislature cannot have immunity from arrest in the case of a preventive detention order. similarly, in the case of in re ananda nambiar ilr (1953) mad 93 : air 1952 mad 117, it was held by the madras high court that once a member of a legislative ..... and sentenced, it would follow that a person who is detained must likewise forgo his right to participate in the business of the legislature. therefore, the argument that so long as the member of parliament has not incurred any disqualification, he is entitled to exercise his rights as such member cannot be accepted.20. besides, if the right on which the whole ..... .10. article 191 of the constitution of india provides for disqualifications for membership. article 191 sub-clause (e) refers to disqualification by or under any law made by parliament. section 8 of the representation of the people act, 1951 provides for disqualification on conviction for certain offences (hereinafter called the 'act, 1951'). section 8 of the act, 1951 is not attracted in the present case since ..... 21 of the constitution that he shall not be deprived of his life or personal liberty except according to procedure established by law.21. another division bench judgment of the punjab and haryana high court in daljit singh rajput v. chandigarh administration and anr. : 1999 crlj 1951, relates to a case of a practising advocate who was in judicial custody made .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1960All484
..... the most detailed* work of managing services would cause not merely inconvenience but confusions'. this observation was quoted with approval by kapur t. in punjab state v. bhagat singh, (s) air 1955 punj 118 in which the learned judge dismissed the suit of a police official for a declaration that ..... promise to all citizens that whenever and wherever a group of citizens compete for employment or office under the state, no particular religion or race etc. shall be considered either a disqualification or an extra qualification. it enjoins that religion, race and the other attributes specified in this clause will ..... will control general provisions' applies. as the tudicial committee observed in barker v. edger, (1898) ac 748 at p. 754 that when the legislature has given its attention to a separate subject and made provision for it, the presumption is that a subsequent general enactment is not intended to interfere ..... programme, any more than a foreign army can be prevented from invading india by the municipal byclaws of amrit-sar.71. secondly, the appointment of a person to a post and his subsequent removal arc two different categories of state acts, and each has been made subject to different conditions under ..... for the cane department were recruited by the public service commission on three different occassions- in 1939, 1943 and 1945.6. on april 1, 1952, the pay scale of the auditors in the cane department was revised from 75-120 to 120-250. simultaneously with the revision of scales of .....Tag this Judgment!
Court : Allahabad
Reported in : (2004)2UPLBEC1150
..... the petitioners, who joins 'judicial service' after submitting application form and permitted in written examination, merely carries a temporary kind of 'handicap'/hurdle and does not render ineligibility or 'disqualification' in its ordinary sense and, therefore, need not be normally excluded/debarred except for very compelling and relevant reasons. there is nothing on record to show that the petitioners as ..... come together by appointment. obviously the same ship cannot sail both the streams simultaneously. the dichotomy is clearly brought out by s.k. das, j. in rameshwar dayal v. state of punjab, air 1961 sc 816 (supra), where he observes (at p. 822): '............article 233 is a self contained provision regarding the appointment of district judge. as to a person ..... be appointed through 'direct recruitment from the 'bar').72. to interpret article 233(2), otherwise and by not adopting its plain meaning better candidates, as noted earlier, shall be prevented from joining 'selection process' in absence of a statutory prohibition and that too without having a thorough and proper screening by a scientific methodology to exclude all other similarly situated ..... passed to remedy, and then he must supplement the written word so as to give 'force and life' to the intention of the legislature ............a judge should ask himself the question how, if the makers of the act had themselves come across this ruck in the texture of it, they would have straightened it out? he must then do as they .....Tag this Judgment!