Court : Supreme Court of India
Reported in : AIR1972SC2097; 1972(0)KLT353(SC); (1972)2SCC364; 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 : 1scr82 , state of bihar v. umesh jha : 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 : 1scr889 . the majority view in kameshwar singh's .....Tag this Judgment!
Court : Kerala
Reported in : AIR1984Ker1
..... the judicature should be authorised to consider the validity of the legislative acts of our legislatures, but should be prevented from scrutinising the validity of the action of the legislatures trespassing on the fundamental rights conferred on the citizens'.26. to say that the act of the legislature of the state or any of its members or the speaker would be immune from ..... heading 'general'. articles 178 - 187 fall under the heading 'officers of the state legislature'. articles 188 and 189 fall under the heading 'conduct of business'. articles 190 - 193 are under the heading 'disqualification of members'. articles 194 and 195 fall under the heading 'powers, privileges and immunities of state legislatures and their members'. articles 196 - 201 fall under the heading 'legislative procedure'. ..... exercising ministerial functions inside the house and he was summoned under the writ to state what happened inside the legislature there was no question of immunity or privilege being claimed by him. certain observations in the judgment of the punjab and haryana high court in jai sing rathi v. state of haryana, air 1970 punj & har 379 (fb), may indicate a ..... of an act of legislature on the ground that there has been violation of fundamental rights is perhaps gunupati keshavram reddy v. nafisul hasan (air 1954 sc 636). pursuant to the order of the speaker of the uttar pradesh legislative assembly one shri homi dinshaw mistry was arrested and detained. he was arrested on 11th march, 1952 and taken .....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 : Kerala
Reported in : 2005(4)KLT882
..... requires is one oath or affirmation in accordance with the form set out in the third schedule to the constitution so as to remove the disqualification from being a candidate for election to the legislature of the state. the article does not mention that the making of oath or affirmation is to be preliminary to the validity of candidature in each constituency, and ..... comply with a statute is provided thereunder, the provision can be regarded as mandatory. in air 1962 sc 554, sub-sections.(l) and (2) of section 47 of the punjab municipal act, 1911 provided for certain formalities, for contracts or transfers made by the municipal committee to be followed. section 47(3) provided that,'in no contract or transfer of the description ..... written . communication to the governor would suffice. the court took the view that the governor continued to have concurrent power and in the peculiar facts, when the returned candidate was prevented by the appellant in the case from proceeding to subscribe to the oath before the governor, there was substantial compliance and the declaration given by the learned single judge was ..... 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 lexnon cogit ad impossiblia. impotentia .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1981Kant193
..... alia, observed in para 10 of the judgment thus:'one of the submissions of the learned attorney general was that when the question was one of disqualification of an individual member, section 16 of the punjab municipal act expressly provided for an opportunity being given to the member concerned whereas section 238 (1) did not provide for such an opportunity and, so, ..... that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state.'22. thus, it is clear that the present legislation viz., the karnataka act, falls directly within the scope of clause (2) of ..... mere legislative heads and are of an enabling character. they are designed to define and delimit the respective areas of legislative competence of the union and the state legislatures, (vide: state of bihar v. karneshwar singh, : 1scr889 . they neither impose any implied restrictions on the legislative power conferred by the articles nor prescribe any duty to exercise that legislative power in any ..... particular manner, (vide: state of bihar v. kameshwar singh, : 1scr1020 . it is settled law that the language of these entries should be given the widest scope of which their meaning is fairly capable because they set .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1974MP101; 1974MPLJ95
..... article shall-- (a) ........................(b) prevent parliament or the legislature of the state from conferring by law functions on any authority subordinate to the governor. therefore, sub-clause (2) of article 154 of the constitution of india contemplates that executive power can be conferred by the parliament or a state legislature on any authority subordinate to the governor. thus, the legislature can certainly act in that behalf and ..... definition of executive power may not be possible, it is understood to signify 'the residue of governmental functions that remain after legislative and judicial functions are taken away: 'ramiawaya v. state of punjab, air 1955 sc 549 at p. 555. the supreme court in jayantilal amratlal v. r.n. rana, air 1964 sc 648 quoted with approval the following passage from halsbury ..... was unfortunate, for that case by later decisions of the supreme court has been confined to the question of disqualification for purposes of election under the representation of the people act; see bhikraj v. union of india, air 1962 sc 113 at p. 121; state of west bengal v. b.k. mondal & sons, air 1962 sc 779 at p. 783; laliteshwar prasad v ..... .56. in quebec railway v. vandry, air 1920 pc 181, their lordships, while construing a statute, observed that the legislature is deemed not to waste its words or to say any thing in vain.in aswini kumar v. arbinda bose, air 1952 sc 369 their lordships observed at p. 377 as under:'it is not a sound principle of construction to brush .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1971MP248
..... king v. speyer, 1916-1 kb 595; g.d. karkare v. t.l. shevde, aib 1952 nag 330; kanglu baula kotwal v. chief executive officer janpad sabha, durg, air 1955 nag 49 (fb); and piara singh v. the punjab state, ilr (1962) 2 punj 583 = (air 1962 punj 498). see also 11 halsbury (simonds) ..... of property tax due by the respondent no. 1. he was, therefore, disqualified under section 17 (1) (i) which reads as follows:--'section 17-- general disqualifications for becoming a councillor-(1) no person shall be a councillor, who (a) ....(i) has any tax or dues, payable to the corporation, standing against his ..... can be read consistently with the principles of natural justice, the courts should do so because it must be presumed that the legislature and the statutory authorities intend to act in accordance with the principles of natural justice. but if on the other hand, a statutory provision either specifically or by necessary ..... union of india, air 1970 sc 150 as follows:--'the aim of rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. these rules can operate only in areas not covered by any law validly made. in other words they do not supplant the ..... for any one else to preside without violating the statutory provisions. the aim of the principles of natural justice is as to secure justice or to prevent miscarriage of justice, but the rules of natural justice cannot override the statutory provisions; they can only operate in areas not covered by any law .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1984Bom47
..... tenure of certain officers and provsion similar to those of s. 73-a have been made in the relevant state laws pertaining to co-operative societies in other parts of the country. for instance, in delhi cooperative societies act, 1970, there is a disqualification clause in s. 31(5) ther in it is provided that a person shall be disqualified for election as ..... supreme court in raghubar dayal v. union of india : 3scr547 . in that case, the question related to the validity of some of the provsions of the forward contracts (regulation ) act, 1952 which canalised forward trading in the context of the recognised association. section 6 thereof required a recognised association not to amend its rules except with the previous approval of the ..... committee of any cooperative society after he has served on the committee of that society, whether before or after or partly before and partly after the commencement of the punjab cooperative societies (amendment ) act. 1969 for a continuous period of not less than six years unless a period of not less tan three years has expried since he last so served. thus ..... (5) , there fore,was to prevent the co-operative societies becoming a preserve of a few individuals because for a long time, the same group of persons dominated the co-operative socieities. the reasonable period during which the person could be allowed to continue to hold the office of a designated officer was determined by the legislature at six years, sun-sec .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; 2SCR365
..... elitist approach with little or no accountability. having been immunised from any discussion in the parliament or the legislature of a state and by the sword of contempt of court act from public criticism, it re mains within its insulated vaults and more often has been found to be ..... article 103 provides that if any question arises as to whether a member of either house of parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the president and his decision shall be ..... powers in the interest of the public (jurisdiction de droit objectif) or is it mainly directed towards the protection of private individuals by preventing illegal encroachments on their individual rights (jurisdiction de droit subjectif)? the first contention rests on the theory that courts are the final arbiters ..... upon a letter addressed by the law minister on march 18, 1981 to the governor of punjab and the chief ministers of different states, except the north-eastern states, stating that the law commission, states reorganisation commission and various bar associations had expressed the view that to further national integration and ..... invoked for the purpose of arriving at its true interpretation. the decision of this court in cornmr. of police v. gordhandas bhanji, : 1scr135 was referred to in this connection and strong reliance was placed on the following observations made by this court, namely, 'public orders made .....Tag this Judgment!