Court : Kerala
Decided on : Aug-14-1970
Reported in : AIR1971Ker98
..... in this way interfere with matters withdrawn from its authority by the federal constitution, or subject an accused to conviction for conduct which it is powerless to proscribe.' as the state legislature has power to create rights in or over land irrespective of the question whether there was any antecedent relationship between the parties, it has to be held that the creation ..... 2 (25) that the total extent of all the land held by a person, not necessarily land contiguously 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 ..... saved laws for agrarian reform only, and does not enable the state to divest a proprietor of his estate and vest it in another without reference to any agrarian reform. in air 1965 sc 632 the court held that the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, as amended by act 27 of 1960; was protected by article 31-a, as the ..... parliament in the exercise of its legislative power, but would include constitutional laws made in the exercise of its constituent power. the majority overruled the decisions in sankariprasad's case, 1952 scr 89 = (air 1951 sc 458) and sajjan singh's case, 1965-1 scr 933 = (air 1965 sc 845) holding the contrary view. but they adopted the device of prospective .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-14-1970
Reported in : AIR1970SC2097; (1970)2SCC567; 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 .....Tag this Judgment!
Court : Kerala
Decided on : Aug-26-1970
Reported in : AIR1972Ker5
..... , preparation of electoral rolls and other matters. the representation of the people act 1951, on the other hand, provides for conduct of elections to the houses of parliament and to the houses of the legislature of each state, the qualification and disqualification of membership of those houses, the corrupt practices, decisions of doubts and disputes ..... thecourt has been held to protect a nullity.if the draftsman or parliament had intended to introduce a new kind of ousterclause so as to prevent any inquiry evenas to whether the document relied onwas a forgery. i would have expected tofind something much more specific thanthe bald statement that a ..... and kabul singh v. kundan singh, air 1970 sc 340 and also the decisions in air 1968 punt 1 (fb) and sher singh budh singh v. state of punjab, air 1965 punj 361. if the ruling in kunhiraman v. krishna iyer, 1962 ker lt 275 = (air 1962 ker 190) (fb) lays down the ..... ishaque, air 1955 sc 233. venkatarama iyer. j., in considering the question as to when an election commences, after referring to ponnuswami's case, air 1952 sc 64 said that the word 'election' in article 329(b) was used in a comprehensive sense as including the entire process of election commencing with ..... you might question it 'while it is in progress--that is what the petitioner is now doing and that was what was unsuccessfully attempted in air 1952 sc 64. that ton is prohibited. yon might, i think, equally question the validity of an election that is going to be held, regarding .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-12-1970
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 : Supreme Court of India
Decided on : Dec-15-1970
Reported in : AIR1971SC530; (1971)1SCC85; 3SCR9
..... the ruler of gwalior.87. under the madhya bharat gangajali fund trust act, 1954, enacted by the state legislature the ruler of the state of gwalior is one of the three trustees authorised to manage the gangajali fund settled by the state and to apply the income thereof for charitable purposes.88. on september ..... a ruler once granted, the power conferred by article 366(22). is exercisable only for good cause, i.e. because of any personal disqualifications incurred by a ruler. by the provisions enacted in articles 366(22), 291 and 362 of the constitution the privileges of rulers are made ..... estimates as relates to expenditure charged upon the consolidated fund shall not be submitted to the vote of parliament but there is nothing to prevent discussion in either house of parliament of any of those estimates. the expenditure is charged and removed from the vote of parliament.413. ..... those rights.291. now we come to those states which formed unions. there were five such unions namely :1. united states of kathiawar;2. united states of gwalior, indore and malwa (madhya bharat).3. patiala and east punjab states union.4. united states of rajasthan and5. united states of travancore and cochin.292. those unions ..... case this court held that article 363 overrides all provisions of the constitution. in n.p. ponnuswami v. returning officer. namakal constituency and ors.  s.c.r. 218. article 329 was construed to mean that the jurisdiction of the high court under article 226 to interfere in regard to .....Tag this Judgment!