Indian Penal Code, 1860, Section 193 -- False evidence - No intentional falsehood uttered - The other relevant fact is that Returning Officer refused to receive nomination paper - However non acceptance as alleged, if a deliberate action, with a specific purpose, neither pleaded nor proved in the course of proceedings so as to penalise the appellant - Further, there is no..........
Service -- Compassionate appointment - Appointment of deceased employee was against a regular vacancy, though it continued to be termed as part time appointment and regular pay scale was allowed to deceased employee - During his 13 long years of employment and before that having battled for period of 6 years to get his dues, he was transferred from one department to other..........
Adverse remarks -- Expunging of - Oral remarks made by High Court against Election Commission (EC) are not a part of official judicial record - Question of expunging them does not arise...........
Adverse remarks -- Expunging of remarks and restraining Media from reporting Court proceedings - Oral remarks made by High Court against Election Commission (EC) - Art.19(1)(g) of Constitution guarantees Media freedom to inform, to distill and convey information and to express ideas and opinions of public interest subject to regulatory provisions - Freedom of speech and..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 27(7) -- Removal of member of Child Welfare Committee - Allegation levelled against petitioner is that she has participated in election campaign in favour of certain candidates - Removal u/s 27(7) of the Act can be made only when member is found guilty of misuse of power vested under this Act after..........
Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, Section 12(2)(c) -- Reservation for OBCs in local bodies - Validity of S.12(2)(c) of the Act - S.12(2)(c) of the Act is an enabling provision and it may be invoked only upon complying with triple conditions as mentioned in S.12 of the Act - Provision u/s 12(2)(c) of the Act can be saved by modifying as expression..........
Representation of the Peoples Act, 1951, Section 8(3), 81(1) -- Election petition - Rejection of nomination - Defective verification is a curable defect - Election petition cannot be thrown out in limine on ground that verification is defective...........
Representation of the Peoples Act, 1951, Section 8(3), 81(1) -- Election petition - Rejection of nomination - Imposition of punishment in two criminal cases - Petitioner disqualified u/s 8(3) of Representation of People Act, as punishment in two criminal cases imposed on him - Said disqualification will continue so long as there is no stay of conviction - Petitioner could..........
Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 81, 86(1) -- Rejection of election petition - Locus standi to question election petition of respondent - Appellant was neither an elector for such constituency nor he was a candidate - He has no cause of action which invest him with right to sue - Election petition at the..........
Representation of the Peoples Act, 1951, Section 9(2), 33(3) -- Election petition - Rejection of nomination papers - A person dismissed from service - It is a condition for a valid nomination of a person who has been dismissed from service that nomination paper must be accompanied by a certificate to the effect that person seeking nomination has not been dismissed for..........
