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Judgment Search Results Home > Cases Phrase: the punjab state legislature prevention of disqualification act 1952 Court: supreme court of india Page 2 of about 51 results (0.078 seconds)

Nov 02 1993 (SC)

State of J and K Vs. J and K High Court Bar Association, Srinagar and ...

Court : Supreme Court of India

Reported in : 1995(2)SCALE239; 1994Supp(3)SCC708

..... the militants but not to the militants. taking these facts into account and having regard to the suggestions made at the bar on behalf of the state, we deem it appropriate to modify the order of the high court as under :1. the authorities will permit food packages prepared under their supervision ..... the inmates of the shrine it would be well nigh impossible for the authorities to flush out the militants. he, therefore, submitted that the state would have no objection to the supply of food which is essential for bars substance and that too to the innocent persons who are themselves hostages ..... requirement of article 21 of the constitution as well as the requirements of satisfying the basic human rights is upper host in the minds of the state authorition, it cannot pursuit the supply of food of that quantity which would give the impression that the inmates in the shrine, both militants and ..... shrine everyday in the evening between 10.00 and 12.00 and examine the sick and provide them the necessary treatment. the high court further stated that if any sick person requires specialised treatment he may made a report to the director of health services who shall thereupon ensure the required treatment ..... food to be supplied would be checked by the authorities to ensure that no execs retrial was smuggled into the shrine. it was further directed that the state should ensure supply of water, electricity and treatment to the sick. for treatment dr. s.m. rafiq, cmo srinagar, and use of the commissioner .....

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Nov 24 1999 (SC)

Velamuri Venkata Sivaprasad (D)by Lrs. Vs. Kothuri Venkateswarlu (D)by ...

Court : Supreme Court of India

Reported in : AIR2000SC434; (1999)3CALLT90(SC); I(2000)DMC1SC; JT1999(9)SC242; 1999(7)SCALE224; (2000)2SCC139; [1999]Supp4SCR522; 2000(1)LC505(SC)

..... regard to the provisions of section 2 of hindu widow's re-marriage act, 1856 (hereinafter referred to as 'the act of 1856'); and secondly, whether disqualification of inheritance, if any, by reason of re-marriage would stand obliterated by reason of the provisions of the madras hindu (bigamy prevention and divorce) act, 1949.2.the factual score in the appeal presently before us reveals ..... perspective. it is now a well-settled principle of law that legislations having socio-economic perspective ought to be interpreted with widest possible connotation as otherwise, the intent of the legislature would stand frustrated. recognition of rights and protection thereof thus ought to be given its full play for which the particular legislation has been introduced in the statute book. gender ..... recorded as below:21. smt. g. samanthakamani, p.w. 2, deposed that the first defendant bore a child to sri veeraraghava sastri in 1952 and that the name of that child is kasi visweswara hanumath prasad. she stated further that in the year 1954 she gave birth to a daughter and that some time thereafter, the first defendant gave birth to a ..... properties. it was made applicable to agricultural properties only in 1946 by virtue of the act passed by the madras legislature. in any event, rosaiah having died in february, 1937, prior to the enforcement of the principal act itself, lakshmamma cannot claim any right under the said act. she would have been entitled to widow's estate according to hindu law. but she .....

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Oct 27 1965 (SC)

K. Anandan Nambiar and anr. Vs. Chief Secretary, Government of Madras ...

Court : Supreme Court of India

Reported in : AIR1966SC657; 1966CriLJ586; [1966]2SCR406

..... art. 102(1), he is entitled to continue to be a member of the house during its life. section 7 of the representation of the people act prescribes disqualifications for membership of parliament or of a state legislature. s. 7(b) is relevant for our purpose. it provides that a person shall be disqualified for being chosen as, and for being, a member of ..... considered this point and has held that a member of the house of the central or state legislature cannot claim as such member any immunity from arrest under the preventive detention act. dealing with the argument that a member of parliament cannot, by reason of his detention, be prevented from exercising his rights as such member, harries, c.j. observed that if this argument is ..... a challenge, it cannot be said to be barred, because such a challenge is not covered by the presidential order at all. 7. in makhan singh tarsikka v. the state of punjab : 1964crilj217 a special bench of this court has had occasion to consider the effect of the proclamation of emergency issued by the president and the presidential order with which we ..... thus raised was referred to the committee of privileges for its report. on the 9th july, 1952, the report made by the said committee was submitted to the house. the majority view of the committee was that the arrest of mr. deshpande under the preventive detention act did not constitute a breach of the privilege of the house. in coming to this conclusion .....

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Sep 14 1970 (SC)

Shri Shiv Kirpal Singh Vs. Shri V.V. Giri

Court : Supreme Court of India

Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197

..... concerned with the reasons which weighed with the parliament in making such an omission in the act when a similar provision had been kept in the earlier enactment in respect of elections to the central and state legislatures. the omission may be deliberate or accidental, but, in either case, it is not ..... that those articles were part of the political commentary and there was no mention of the character of the candidates or their qualifications and disqualifications. she admitted that she belonged to the group of which shri nijalingappa is the president. she denied the suggestion that the entire alleged ..... which it is mentioned that a licence for setting up an industry in polyester fibre was to be granted by the government of india. the punjab state government also applied for the licence. the licence, was, however, refused to the public sector and was, instead, granted to a private limited ..... clause (b) a person shall be guilty of undue influence if, by abduction, duress or any fraudulent device or contravance, he impedes or prevents the free exercise of the franchise of an elector or proxy for an elector, or thereby compels, induces or prevails upon an elector or proxy ..... ) of the petition would be sufficient pleading of commission of undue influence under section 18(1)(a) of the presidential and vice-presidential elections act, 1952. as regards issue 4(b) the only allegation which was substantiated was a fair amount of publication and dissemination of this scurrilous pamphlet which .....

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Dec 10 2015 (SC)

Rajbala and Ors. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... (i) whether the stipulations contained in the impugned amendment are in the nature of prescription of qualifications or disqualifications for contesting the elections under the act; (ii) if the impugned stipulations are in the nature of a prescription of qualifications whether the state legislature is competent to make such stipulations consistent with the scheme of the constitution, as can be culled out from ..... samiti or zila parishad before the commencement of this act under the punjab gram panchayat act, 1952 and punjab panchayat samiti act, 1961, and a period of five years has not elapsed from the date of such removal, unless he has, by an order of the government notified in the official gazette been relieved from the disqualifications arising on account of such removal from office; or ..... introduced by an amendment in the year 2003. it stipulated that the delhi special police establishment shall not conduct any enquiry or investigation into any offence falling under the prevention of corruption act 1988, alleged to have been committed by certain classes of employees of the central government etc. the said provision was challenged on the ground it was arbitrary and ..... again in the realm of the wisdom of the legislation. we do not sit in the judgment over the same. but we must make it clear nothing in law prevents an aspirant to contest an election to the panchayat to make payments under protest of the amounts claimed to be due from him and seek adjudication of the legality of .....

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Apr 26 2010 (SC)

Amarinder Singh Vs. Special Committee, Punjab Vidhan Sabha and ors.

Court : Supreme Court of India

..... act, 1951. similarly disputes relating to elections are heard by the competent courts and disqualifications are effected as per the grounds enumerated in the constitution. while articles 101 and 102 enumerate the grounds for vacation of seats and the disqualification of members of parliament (mps) respectively, article 190 and article 191 deal with these aspects in relation to members of state legislatures ..... that the scope of privileges should be identified on the basis of what is necessary to prevent or punish obstructions to legislative functioning.14. before addressing these contentions, we can take a bird's eye view of the law on legislative privileges. the state legislatures are conferred with 'powers, privileges and immunities' by way of article 194 of the ..... the special committee appointed by this house, this august house recommends the following action: *** *** *** (i) captain amarinder singh is expelled for the remaining term of the 13th punjab vidhan sabha. the secretary of the vidhan sabha is instructed to approach the election commission of india to have his seat declared as vacant. (ii) the recommendations of the ..... c. 244 (1950-51)obstruction by police of member driving to attend houseand subsequent summons (john lewis's case)no breach of privilegetacit acceptanceapril 1953 h.c. 171 (1952-53)lady member's disrespect in 'sunday express'article describing other members (mrs. ford's case)unauthorized reports of proceedings in house amount tobreach of privilege; but normally .....

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Jul 30 2003 (SC)

Javed and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : AIR2003SC3057; 2003(4)ALLMR(SC)707; 2003(4)AWC2920(SC); 2003(3)CTC620; JT2003(6)SC283; (2003)135PLR531; 2003(5)SCALE602; (2003)8SCC369

..... act. hence it is validthe provision is discriminatory?12. it was submitted that though the state of haryana has introduced such a provision of disqualification by reference to elective offices in panchayats, a similar provision is not found to have been enacted for disqualifying aspirants or holders of elective or public offices in other institutions of local self-governance and also not in state legislatures ..... entitled to freedom of conscience and the right freely to profess, practise and propagate religion.(2) nothing in this article shall affect the operation of any existing law or prevent the state from making any law -(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;(b) providing for social ..... would disable a person from contesting for, or holding, an elective statutory office.23. reiterating the law laid down in n.p. ponnuswami v. returning officer, namakkal constituency : [1952]1scr218 , and jagan nath v. jaswant singh and ors., : [1954]1scr892 , this court held in jyoti basu and ors. v. debi ghosal and ors., : [1982]3scr318 , - 'a right ..... directly filed in this court wherein the only question arising for decision is the constitutional validity of the impugned provisions of the haryana act. there were many a writ petitions filed in the high court of punjab & haryana under articles 226/227 of the constitution which have been dismissed and appeals by special leave have been filed in this .....

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Jan 10 1997 (SC)

Bhuri Nath and ors. Vs. State of Jandk and ors.

Court : Supreme Court of India

Reported in : AIR1997SC1711; JT1997(1)SC546; (1997)2SCC745; [1997]1SCR138

..... reconstitution of the board and have vested that power in the state government. the state legislature having been aware of that existing law and practice in that behalf, chose to enact the act empowering the governor to act under the act. the general clauses act, though would apply in interpretation of the constitution, does not ..... 7 prescribes term of office of the members for a period of three years from the date of nomination made under section 5. disqualifications for membership of the board are enumerated in section 8 which envisages that a person shall be disqualified for being nominated as a member ..... and reasons therefore. it is only an exercise of the control envisaged by the amendment of section 16d (3) of the act with a view to prevent appointment of unqualified persons. the power under section 16d(4) entrusted to the authorised controller was merely of management. management of ..... held that the word 'compensation' must mean a full and fair money equivalent. the same ratio was followed in state of bihar v. kameshwar singh : [1952]1scr1020 . the constitution (5th amendment) act was made in 1955 amending article 31(2) and also introducing articled 1(2a). it would, therefore, be ..... in hardwarilal's case (supra), a full bench of the punjab and haryana high court was to consider whether the governor in his capacity as the chancellor of maharshi dayanand was to act under maharshi dayanand university act, 1975 (haryana act no. 25 of 1975) in his official capacity as chancellor .....

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Apr 26 1972 (SC)

Kunjukutty Sahib, Etc., Etc. Vs. the State of Kerala and anr.

Court : Supreme Court of India

Reported in : AIR1972SC2097; 1972(0)KLT353(SC); (1972)2SCC364; [1973]1SCR326

..... law and this was repelled with the observation :-those arrears are either arrears of rent or debts due from agriculturists. if they are treated as arrears of rent then the state legislature had legislative power to legislate in respect of the same under entry 18 of list ii of the vllth schedule. if they are considered as debts due from the agriculturists ..... 2(25) that the total extent of all the land held by a person, not necessarily land continuously situated, is to be taken into account for the purpose of the disqualification, the conversion being made on the basis that three cents of land in a city or major municipality is equivalent to five cents in any other municipality and to ten ..... highness the maharajah of cochin in june, 1947, giving relief against eviction of kudikidappukars, as also to certain provisions of the travancore prevention of eviction of kudikidappukars act, 1949 and to the provisions of the travancore-cochin prevention of eviction of kudikidappukars act, 1955. placing reliance on the background as emerging from these reports the proclamation and the statutes, the learned advocate-general submitted ..... .r. 1967 2 mad. 646, ranjit singh v. state of punjab : [1965]1scr82 , state of bihar v. umesh jha : [1962]2scr687 and on the observations of s.r. das, j., (as he then was) on the question of legality of acquisition of arrears of rent in state of bihar v. maharadhiraja sir kameshwar singh of darbhanga : [1952]1scr889 . the majority view in kameshwar singh's .....

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Apr 19 2011 (SC)

Afjal Imam. Vs. State of Bihar and Others.

Court : Supreme Court of India

..... since the explanation has not been amended in conformity with section 8-a of the act, the explanation to section 2(10) of the maharashtra act transgresses the limits of legislative power conferred on the state legislature under entry 54 of list ii and we, thus, instead of striking it down, ..... playgrounds.13. promotion of cultural, educational and aesthetic aspects.14. burials and burial grounds; cremations, cremation grounds and electric crematoriums.15. cattle ponds; prevention of cruelty to animals.16. vital statistics including registration of births and deaths.17. public amenities including street lighting, parking lots, bus stops and public ..... member of the empowered standing committee, can either be recalled under section 17 of the act, or if he incurs disqualification for holding the post as a member, and an order of removal for such disqualification is passed under section 18 (2), his membership of the empowered standing committee ipso ..... executive power has been read widely by constitution bench of this court way back in rai sahib ram jawaya kapur & ors. v. the state of punjab, reported in [air 1955 sc 549], wherein this court has observed:-"12. it may not be possible to frame an exhaustive definition of ..... import or export or inter-state trade or commerce but the explanation has not been amended accordingly. there is a provision for exemption of turnover related to goods in respect of which tax has already been paid under the bombay sales tax act, 1952, but there is no provision .....

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