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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 4 of about 51 results (0.058 seconds)

Mar 31 1993 (SC)

Dr. Kashinath G. Jalmi and Another Vs. the Speaker and Others

Court : Supreme Court of India

Reported in : AIR1993SC1873; JT1993(3)SC594; 1993(2)SCALE280; (1993)2SCC703; [1993]2SCR820

..... a member of parliament or article 192 in the case of a member of a house of a legislature of a state. for raising a dispute, giving rise to any question whether a member of a house has become subject to any of the disqualification mentioned in clause (1) of article 102 or 191, as the case may be, there is no prescribed ..... orders on grounds analogous to those in order 47, rule 1, cpc. in support of this submission shri nariman placed reliance on the decisions in shivdeo singh and ors. v. state of punjab and ors. air 1963 sc 1909 and grindlays bank ltd. v. central government industrial tribunal and ors. : (1981)illj327sc . another limb of shri nariman's submission is that the ..... attempt to find support for the submissions of the responents, in the majority opinion in kihoto hollohan, is futile.46. the constitution bench decision in shivdeo singh and ors. v. state of punjab and ors. (supra) is distinguishable and of no assistance to the respondents in the present case. that was a case, wherein the high court had exercised its power in ..... delay the decision. this decision is an indication that the authority competent to decide the question of disqualification must act promptly in deciding the same, once it is raised even by a citizen, in order to prevent a disqualified member from representing the constituency after incurring a disqualification subsequent to his election, so long as the question remains a live issue during the tenure .....

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Jan 19 2000 (SC)

Mr. V. Narayanaswamy Vs. Mr. C.P. Thirunavukkarasu

Court : Supreme Court of India

Reported in : AIR2000SC694; JT2000(1)SC194; 2000(1)SCALE153; (2000)2SCC294; [2000]1SCR292

..... of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.(6)...(7)...8a. disqualification on ground of corrupt practices.- (1) the case of every person found guilty of a corrupt practice by an order under section 99 shall ..... their vote in his favour and against their party of affiliations. there is no allegation that the mlas were prevented or influenced from freely exercising their electoral right. as stated earlier appellant did not show as to why he could not meet the mlas on october 2, 1997 when they ..... that the mlas voted according to their political affiliations. it has come on record that out of total number of 29 mlas who constituted legislature assembly of pondicherry, two belonged to aidmk, another political party. aidmk had taken decision not to vote for any candidate and that is how ..... petition in which corrupt practice is alleged stands on a different footing from an election petition which does not carry such an allegation. the legislature has taken special care to ensure that ordinary verification will not suffice, it must be supported by an affidavit in the prescribed form. form ..... disqualified under section 8a of this act as it stood immediately before the commencement of the election laws (amendment) act. 1975 (40 of 1975), may, if the period of such disqualification has not expired, submit a petition to the president for the removal of such disqualification for the unexpired portion of the .....

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Oct 03 2016 (SC)

Vikas Yadav Vs. State of U.P and Ors. Etc. Etc

Court : Supreme Court of India

..... , was reduced to a period of less than two years and, therefore, he could not be said to have incurred disqualification within the meaning of section 7(b) of the said act. the high court formed the opinion that the remission of sentence did not have the same effect as free pardon and ..... of remission or commutation in certain cases. after the introduction of section 433-a another constitution bench of this court in bachan singh v. state of punjab, with reference to power with regard to section 433-a which restricts the power of remission and commutation conferred on the appropriate government, noted ..... while imposing the sentence of life makes it clear that it means in law whole of life. the executive has been granted power by the legislature to grant remission after expiry of certain period. the court could have imposed the death sentence. however, in a case where the court does not ..... murdering nitish katara, the appellants removed his clothes, wrist watch and mobile from his person and set aflame his dead body with the intention of preventing identification of the body and destroying evidence of the commission of the offence; that immediately after the incident, the three appellants absconded; that the dead ..... 16-2-1984 as indicated before are set aside and quashed. the trial shall proceed in accordance with law, that is to say under the act of 1952 as mentioned hereinbefore. the majority concurred with the said opinion.54. in the case at hand, the question of forum of trial does not .....

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Sep 28 2016 (SC)

State of H.P and Ors Vs. Rajesh Chander Sood Etc Etc

Court : Supreme Court of India

..... regular employees of these undertakings are entitled to pension, commutation of pension, gratuity as applicable to the state govt. employees of himachal pradesh. in such circumstances the epf & mp act, 1952 shall not apply. the pension would be discharged by the himachal pradesh government in terms of section ..... their recommendations were subject to approval. the approval was granted by the government, after the state legislature had passed the university pension rules and general provident fund rules. the government had stated in its affidavit before the high court that the justification of the cut-off date of 1 ..... service. his claim for pension would obviously crystalise, when he acquires the minimum prescribed qualifying service, and also, does not suffer a disqualification, disentitling him to a claim for pension.51. in the above view of the matter, it is not possible for us to accept ..... postulated qualifying service). however, once such a contingent right was created, every employee in whom the said right was created, could not be prevented or forestalled, from fulfilling the postulated conditions, to claim pension. any action pre-empting the right to pension, emerging out of the conscious ..... basis that the scheme was not financially viable, was legal and bonafide. in order to canvass the instant proposition, learned counsel, relied on state of punjab v. amar nath goyal, (2005) 6 scc754 and invited the court s attention, to the following observations recorded therein: 25. the only .....

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Oct 16 2015 (SC)

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... the issue with the assistance of the most learned and eminent counsel, it is imperative to conclude, that the issue of description of the qualifications ( perhaps , also the disqualifications) of eminent persons is of utmost importance, and cannot be left to the free will and choice of the nominating authorities, irrespective of the high constitutional positions held by them ..... do not question the wisdom or expediency of the legislature enacting a statute, let alone a constitutional amendment.422. in one of the earliest cases relating to the wisdom of parliament in enacting a law, it was contended in a.k. gopalan v. the state of madras[619]. that the preventive detention act, 1950 was unconstitutional. justice das expressed the view ..... transparency and accountability in the matter of appointment are essential for public confidence in the judiciary. in this connection reference has been made to inderpreet singh kahlon vs. state of punjab[789]. which reads as under :- this unfortunate episode teaches us an important lesson that before appointing the constitutional authorities, there should be a thorough and meticulous inquiry and ..... than two, as the parliament prescribes. [137]. constituent assembly debates, 24th may 1949 (vol. viii) [138]. recall the words of jackson, j.in sacher v. united states 343 us1(1952) men who make their way to the bench sometimes exhibit vanity, irascibility, narrowness, arrogance, and other weaknesses to which human flesh is heir. [139]. para 371 (iii) all .....

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Jul 04 2018 (SC)

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... said clause, this bill seeks necessary provisions in respect of the legislative assembly and its functioning including the provisions relating to the speaker, deputy speaker, qualifications or disqualifications for membership, duration, summoning, prorogation or dissolution of the house privileges, legislative procedures, procedure in financial matters, adders by the lieutenant governor to the legislative ..... no.8867 of 2015 (uoi vs. gnctd & anr.) impugning:"notification dated 11.08.2015 issued by the directorate of vigilance, gnctd under the commissions of inquiry act, 1952 without 3 placing before the lieutenant governor for his views/concurrence. 2. other six writ petitions were filed by individuals challenging various notifications issued by gnctd. the ..... prevent either the legislature of the federal unit or those of the member states from destroying or impairing that delicate balance of power which satisfies the particular requirements of states which are desirous of union, but not 37air1965sc74586 prepared to merge their individuality in a unity. this supremacy of the constitution, the court stated, is protected by the authority of an independent judicial body to act ..... but 66[1991]. 2 ac240 247 123 broadly and purposively, so as to give effect to its spirit 147. in s.r. chaudhuri v. state of punjab and others67, a three judge bench has opined that constitutional provisions are required to be understood and interpreted with an object oriented approach and a constitution must .....

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Sep 26 2018 (SC)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... nayak v. election commission of india [1965]. 3 scr53 in spite of finality attached by article 192 to the decision of the governor in respect of disqualification incurred by a member of a state legislature subsequent to the election, the matter was examined by this court on an appeal by special leave under article 136 of the constitution against the decision of ..... affairs. 302. legislature has often created legal fiction to save several actions which had happened prior to 281 enactment. reference is made to judgment of this court in nar bahadur bhandari and another vs. state of sikkim and others, (1998) 5 scc39 in the above case deeming fiction was created by section 30 of prevention of corruption act, 1988. section 30 provides that ..... delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243za shall not be called in question in any court. 98 1952 scr21899 ibid, at para 5 119 part e74in order to understand the scope of the finality attached to the speaker s decision under article 110(3), it would be ..... same totally falls outside the constitutional framework or the constitutional interpretation fails to recognise such dynamism. the constitution bench in gian kaur [gian kaur v. state of punjab, (1996) 2 scc648:1996. scc (cri) 374]. , as stated earlier, distinguishes attempt to suicide and abetment of suicide from acceleration of the process of natural death which has commenced. the authorities, we have noted .....

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May 09 2018 (SC)

Kalpana Mehta and Ors. Vs. Union of India and Ors.

Court : Supreme Court of India

..... relied: are expressly 50. it is well settled by a long line of judicial authority that the findings of even a statutory commission appointed under the commissions of inquiry act, 1952 are not enforceable proprio vigore as held in ram krishna dalmia v. justice s.r. tendolkar and ors. : air 1958 sc 538 and the statements made before ..... constitution, opined that reading of implied limitation to the said provision would tantamount to prohibition or adding a disqualification which is neither expressly stated nor impliedly discernible from the provision. eventually, the majority expressed that when there is no disqualification for a person against whom charges have been framed in respect of heinous or serious offences or offences relating ..... prevent either the legislatures of the federal unit or those of the member states from destroying or impairing that delicate balance of power which satisfied the particular requirements of states which are desirous of union, but not prepared to merge their individuality in a unity. this supremacy of the constitution is protected by the authority of an independent judicial body to act ..... is a distribution of limited executive, legislative and judicial authority and the supremacy of constitution. justice b. k. mukherjea, chief justice, in ram jawaya 108 kapur vs. state of punjab, air 1955 sc 549 referred to essential characteristics of separation of powers in the indian constitution. in para 12, following has been held: ....the indian constitution has not .....

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Nov 13 2019 (SC)

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... v union of india5 (?chandra kumar ), a seven judge bench of this court revisited the challenge to the 1985 act and the power conferred on the parliament or the state legislatures by articles 323a(2)(d) and 323b(3)(d), as the case may be, to exclude the jurisdiction of ..... where the question which has arisen is as to whether the chairman or the speaker of a house has become subject to such disqualification, the question shall be 211952 scr21834 part c referred for the decision of such member of the house as the house may ..... the principle of constitutional illegality, the provisions of article 110(1) have to be given an appropriate meaning and interpretation to avoid and prevent over-inclusiveness or under-inclusiveness. any interpretation would have far reaching consequences. it is therefore, necessary that there should be absolute clarity ..... there is only 1 judicial member and as such there is no bench available in chandigarh. the chandigarh bench has jurisdiction over the states of punjab, haryana, himachal pradesh and union territories of jammu and kashmir, ladakh and chandigarh. the central government employees in these areas have virtually ..... india act 1997 xii. the information technology act 2000 xiii. the airports economic regulatory authority of india act 2008 xiv. the competition act 2002 xv. the companies act 2013 xvi. the cinematograph act 1952 xvii. the income tax act 1961 xviii. the customs act 1962 xix. the administrative tribunals act 1985 xx. the consumer protection act 1986 .....

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Mar 06 2020 (SC)

Indore Development Authority Vs. Manoharlal and Ors. Etc.

Court : Supreme Court of India

..... as envisaged in the code of civil procedure and as such the state legislature was competent to legislate under entry 13 of list iii for enacting the 1987 act.68. a full bench of the punjab and haryana high court in rajinder singh v. kultar singh air1980p&h1 touching the same topic stated thus: (air p.1) so far as the high courts are concerned ..... of such 80 (1928) 1 kb56181 air1963sc163897 members if he is not otherwise disqualified to be a member and is willing to serve as such. section 5(2) prescribes the disqualifications specified in clauses (a) to (g) unsoundness of mind adjudicated upon by competent court, conviction involving moral turpitude; adjudication as an insolvent or the status of an undischarged insolvent; minority ..... in case authorities are restrained by interim order passed by the court in a pending litigation, the land acquisition cannot lapse by including the period for which interim stay order preventing the authorities from taking action has operated. reliance has been placed on the principles contained in maxim actus curiae neminem gravabit . it was also submitted even in the absence of ..... in the office of the president before the expiration of the term of office in the case of death of a candidate as may appear from section 7 of the 1952 act does not rob article 62(1) of its mandatory character. the maxim of law impotentia excusat legam is intimately connected with another maxim of law lex non cogit ad impossibilia .....

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