Court : Chennai
Decided on : Jun-05-2013
..... state legislature has the power and privilege under article 194(3) of the constitution of india to suspend the writ petitioners. 48.question (c): the learned senior counsel for the petitioners submits that suspending a member of the legislature assembly for more than 60 days is ultra-virus of article 190(4) of the constitution of india. according to the learned senior counsel, disqualification ..... (6) scc113(amarinder singh vs. special committee punjab vidhan sabha and others). 42.the learned senior counsel further submits that article 208 of the constitution also does not specify about what conduct would amount to breach and the procedure to punish thereof. therefore, according to him, until an appropriate law is made by the state legislature, it is not open to the assembly ..... immunity from prosecution on a charge of bribery in a criminal court?. and 2)whether a member of parliament is a public servant, falling within the purview of the prevention of corruption act, 1988?. 74.the majority judgment quoted that:1. a member of parliament does not enjoy immunity under article 105 (2) or under article 105 (3) of the constitution ..... that the supreme court took a view that recourse to british practice of parliament is not available in a decision reported in 2010 (6) scc133(amarinder singh vs. special committee, punjab vidhan sabha and others). it is his further contention that the scope of approval is restricted to what happened inside the four walls of the assembly and cannot travel outside .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-21-2013
..... of service conditions of a government servant known to service jurisprudence. we may not be misunderstood to mean that the law officers as a genre are ineligible for judicial appointment. disqualification/ineligibility is attracted only to such category of law officers who opt for regular government employment. however, no such ineligibility is attached to the other category of law officers ..... with the above question, the court considered section 2(u) and section 24 cr.p.c. and section 46 of the prevention of money-laundering act, 2002 and few earlier decisions of this court in manu sharma24, sheonandan paswan v. state of bihar and others. and johri mal15 and it was observed that in an appointment of public prosecutor, the principle ..... the scheme of the code the legislative intention is manifestly clear that prosecution in a sessions court cannot be conducted by anyone other than the public prosecutor. the legislature reminds the state that the policy must strictly conform to fairness in the trial of an accused in a sessions court. a public prosecutor is not expected to show a thirst to ..... of private practice.14. discipline, penalties and appeals. (1) in matters relating to discipline, penalties and appeals, members of the service shall be governed by the punjab civil services (punishment and appeal) rules, 1952, as amended from time to time: provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and appellate authority shall .....Tag this Judgment!