Skip to content


Judgment Search Results Home > Cases Phrase: the punjab state legislature prevention of disqualification act 1952 Year: 2018 Page 1 of about 21 results (0.094 seconds)

Dec 06 2018 (SC)

K. Lakshiminarayanan Vs. Union of India

Court : Supreme Court of India

Decided on : Dec-06-2018

..... a colourable legislation which violated any constitutional convention or article 14 of the constitution. 86. one of the contentions raised in the above case for assailing the parliament (prevention of disqualification) act, 1959 as amended by act 31 of 2006 on the ground that for exempting particular office from a list of the office of profit, opinion of joint committee was not obtained on ..... the president is not bound to give his assent to such a bill. further, a state legislature can be dissolved and president s rule can be imposed in a state either on the report of the governor or otherwise when there is failure of the constitutional machinery in the state. 52. it has been laid down by this court in the above cases, which ..... laws in relation to matters under the state list, give directions to the states and empower union officers to execute matters in the state list. that apart, in case of inconsistency between the union and the state laws, the union law shall prevail. additionally, a governor of a state is empowered to reserve the bill passed by the state legislature for consideration of the president and ..... article 77(3) are applicable to all executive actions of the central government including constitutional and statutory functions. in a constitution bench judgment of this court in samsher singh vs. state of punjab and another, (1974) 2 scc831following was laid down in paragraph no.29: 78 29. the executive power is generally described as the residue which does not fall within the .....

Tag this Judgment!

Jul 04 2018 (SC)

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

Decided on : Jul-04-2018

..... 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 .....

Tag this Judgment!

Sep 26 2018 (SC)

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

Court : Supreme Court of India

Decided on : Sep-26-2018

..... 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 .....

Tag this Judgment!

May 09 2018 (SC)

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

Court : Supreme Court of India

Decided on : May-09-2018

..... 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 .....

Tag this Judgment!

Mar 23 2018 (HC)

Kailash Gahlot & Ors. Vs.election Commission of India & Ors.

Court : Delhi

Decided on : Mar-23-2018

..... and incur disqualification. reference was also made to judgment of the supreme court in bimolangshu roy (dead) through lrs versus state of assam and another, 2017 scc online sc813interpreting articles 194 and 164(1a), and declaring that the assembly of the state of assam could not have enacted a law creating office of parliamentary secretaries. constitutional arrangement did not authorise the state legislature to create ..... expiry of the term of the earlier members. there were allegations against the earlier committee. referring to the statutory provision in the form of section 238 (1) of the punjab municipal act, 1911 and the contention that there could be emergent situations warranting swift action to avert disaster and, therefore, if natural justice was required to be met the very object of ..... requisite procedure under law was not complied with, but this would not affect the factum that the petitioners were appointed. illegal or wrong appointment would not in any way prevent and impact the disqualification, if incurred. reference was appropriately made to the decision of the rajasthan high w.p. (c) 750/2018+ connected page 27 of 79 court in hoti lal ..... there can be a judicial review of an order passed under art. 192(1) on this ground also. making reference to rex versus northumberland compensation appeal tribunal, ex parte shaw, 1952-1 k.b. 338, it was observed that the word "final" was not enough, for it would mean subject to recourse to certiorari. the word final makes the decision .....

Tag this Judgment!

Mar 23 2018 (HC)

Rajesh Rishi & Anr. Vs.election Commission of India & Ors.

Court : Delhi

Decided on : Mar-23-2018

..... and incur disqualification. reference was also made to judgment of the supreme court in bimolangshu roy (dead) through lrs versus state of assam and another, 2017 scc online sc813interpreting articles 194 and 164(1a), and declaring that the assembly of the state of assam could not have enacted a law creating office of parliamentary secretaries. constitutional arrangement did not authorise the state legislature to create ..... expiry of the term of the earlier members. there were allegations against the earlier committee. referring to the statutory provision in the form of section 238 (1) of the punjab municipal act, 1911 and the contention that there could be emergent situations warranting swift action to avert disaster and, therefore, if natural justice was required to be met the very object of ..... requisite procedure under law was not complied with, but this would not affect the factum that the petitioners were appointed. illegal or wrong appointment would not in any way prevent and impact the disqualification, if incurred. reference was appropriately made to the decision of the rajasthan high w.p. (c) 750/2018+ connected page 27 of 79 court in hoti lal ..... there can be a judicial review of an order passed under art. 192(1) on this ground also. making reference to rex versus northumberland compensation appeal tribunal, ex parte shaw, 1952-1 k.b. 338, it was observed that the word "final" was not enough, for it would mean subject to recourse to certiorari. the word final makes the decision .....

Tag this Judgment!

Mar 23 2018 (HC)

Alka Lamba vs.union of India, Ministry of Law and Justice and Ors.

Court : Delhi

Decided on : Mar-23-2018

..... and incur disqualification. reference was also made to judgment of the supreme court in bimolangshu roy (dead) through lrs versus state of assam and another, 2017 scc online sc813interpreting articles 194 and 164(1a), and declaring that the assembly of the state of assam could not have enacted a law creating office of parliamentary secretaries. constitutional arrangement did not authorise the state legislature to create ..... expiry of the term of the earlier members. there were allegations against the earlier committee. referring to the statutory provision in the form of section 238 (1) of the punjab municipal act, 1911 and the contention that there could be emergent situations warranting swift action to avert disaster and, therefore, if natural justice was required to be met the very object of ..... requisite procedure under law was not complied with, but this would not affect the factum that the petitioners were appointed. illegal or wrong appointment would not in any way prevent and impact the disqualification, if incurred. reference was appropriately made to the decision of the rajasthan high w.p. (c) 750/2018+ connected page 27 of 79 court in hoti lal ..... there can be a judicial review of an order passed under art. 192(1) on this ground also. making reference to rex versus northumberland compensation appeal tribunal, ex parte shaw, 1952-1 k.b. 338, it was observed that the word "final" was not enough, for it would mean subject to recourse to certiorari. the word final makes the decision .....

Tag this Judgment!

Mar 23 2018 (HC)

Naresh Yadav vs.union of India, Ministry of Law and Justice and Ors.

Court : Delhi

Decided on : Mar-23-2018

..... and incur disqualification. reference was also made to judgment of the supreme court in bimolangshu roy (dead) through lrs versus state of assam and another, 2017 scc online sc813interpreting articles 194 and 164(1a), and declaring that the assembly of the state of assam could not have enacted a law creating office of parliamentary secretaries. constitutional arrangement did not authorise the state legislature to create ..... expiry of the term of the earlier members. there were allegations against the earlier committee. referring to the statutory provision in the form of section 238 (1) of the punjab municipal act, 1911 and the contention that there could be emergent situations warranting swift action to avert disaster and, therefore, if natural justice was required to be met the very object of ..... requisite procedure under law was not complied with, but this would not affect the factum that the petitioners were appointed. illegal or wrong appointment would not in any way prevent and impact the disqualification, if incurred. reference was appropriately made to the decision of the rajasthan high w.p. (c) 750/2018+ connected page 27 of 79 court in hoti lal ..... there can be a judicial review of an order passed under art. 192(1) on this ground also. making reference to rex versus northumberland compensation appeal tribunal, ex parte shaw, 1952-1 k.b. 338, it was observed that the word "final" was not enough, for it would mean subject to recourse to certiorari. the word final makes the decision .....

Tag this Judgment!

Mar 23 2018 (HC)

Shri Adarsh Shastri and Ors. Vs.election Commission of India and Ors.

Court : Delhi

Decided on : Mar-23-2018

..... and incur disqualification. reference was also made to judgment of the supreme court in bimolangshu roy (dead) through lrs versus state of assam and another, 2017 scc online sc813interpreting articles 194 and 164(1a), and declaring that the assembly of the state of assam could not have enacted a law creating office of parliamentary secretaries. constitutional arrangement did not authorise the state legislature to create ..... expiry of the term of the earlier members. there were allegations against the earlier committee. referring to the statutory provision in the form of section 238 (1) of the punjab municipal act, 1911 and the contention that there could be emergent situations warranting swift action to avert disaster and, therefore, if natural justice was required to be met the very object of ..... requisite procedure under law was not complied with, but this would not affect the factum that the petitioners were appointed. illegal or wrong appointment would not in any way prevent and impact the disqualification, if incurred. reference was appropriately made to the decision of the rajasthan high w.p. (c) 750/2018+ connected page 27 of 79 court in hoti lal ..... there can be a judicial review of an order passed under art. 192(1) on this ground also. making reference to rex versus northumberland compensation appeal tribunal, ex parte shaw, 1952-1 k.b. 338, it was observed that the word "final" was not enough, for it would mean subject to recourse to certiorari. the word final makes the decision .....

Tag this Judgment!

Mar 23 2018 (HC)

Sanjeev Jha vs.union of India, Ministry of Law & Justice & Ors.

Court : Delhi

Decided on : Mar-23-2018

..... and incur disqualification. reference was also made to judgment of the supreme court in bimolangshu roy (dead) through lrs versus state of assam and another, 2017 scc online sc813interpreting articles 194 and 164(1a), and declaring that the assembly of the state of assam could not have enacted a law creating office of parliamentary secretaries. constitutional arrangement did not authorise the state legislature to create ..... expiry of the term of the earlier members. there were allegations against the earlier committee. referring to the statutory provision in the form of section 238 (1) of the punjab municipal act, 1911 and the contention that there could be emergent situations warranting swift action to avert disaster and, therefore, if natural justice was required to be met the very object of ..... requisite procedure under law was not complied with, but this would not affect the factum that the petitioners were appointed. illegal or wrong appointment would not in any way prevent and impact the disqualification, if incurred. reference was appropriately made to the decision of the rajasthan high w.p. (c) 750/2018+ connected page 27 of 79 court in hoti lal ..... there can be a judicial review of an order passed under art. 192(1) on this ground also. making reference to rex versus northumberland compensation appeal tribunal, ex parte shaw, 1952-1 k.b. 338, it was observed that the word "final" was not enough, for it would mean subject to recourse to certiorari. the word final makes the decision .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //