...wording of Article 75(3), which provides that “the Council of Ministers shall be collectively responsible to the House of the People”. How can the Council of Ministers be responsible to the House of...People was dissolved by the President on December 27, 1970. The respondent was the Prime Minister before the dissolution. Is there anything in the Constitution, and in particular in Article 75(3...), which renders her carrying on as Prime Minister contrary to the Constitution? It was said that we must interpret Article 75(3) according to its own terms regardless of the conventions that prevail in the...

...75 of the Constitution and, therefore, void ab initio and deserves to be quashed by an appropriate writ of this Court which may be issued in exercise of the powers conferred by Article 32 of the...75(5) of the Constitution read with Article 88 thereof, which article, inter alia, conferred on every Minister the right to speak in, and otherwise to take part in the proceedings of, either House, in...under Article 75(5) a person can be appointed a Minister, he cannot be and should not be appointed a Prime Minister. Dealing with this submission the High Court, after referring to Articles 74 and 75...

...as follows:“Now Article 75(1) envisages a Council of Ministers with the Prime Minister at the head to aid and advise the President, and the latter is expected to...Article 75(4) is the same for the Prime Minister as well as a Minister. In other words, the Constitution does not draw any distinction between the Prime Minister and any other Minister in this behalf. This...collective. Besides, the caption of Article 75 as a whole is ‘Other provisions as to Ministers’. No separate provision is to be found dealing with the appointment of the Prime Minister as such...

...instalment became due. We have had cited to us a great number of cases showing the rule applicable to cases under article 75. The effect of the decisions has been conveniently summarised in the cases of...: 9 C.L.J. 226 : (1909) 1 Ind. Cas. 49. But none of those cases go to extend the principle of article 75 to cases under article 132. The only case which seems to touch...there that the principle of waiver could not be extended from article 75 to article 132. This case is directly in point and we see no reason for hesitating to accept the law...

...collective responsibility to run the Government, stronger criteria have to be provided for. A Minister is appointed by the President on the advice of the Prime Minister as per Article 75(1) of the...meet the requirements of the contemporaneous societal metamorphosis and if it is not applied to the language of Article 75(1), the élan vital of the Constitution would stand extinguished. It is urged by....29. Relying on the said principle, it is contended by him that the same has to be read into the language of Article 75(1) of the Constitution to state that the Prime Minister, while giving advice...

...starting point for reckoning limitation under the appropriate Article. The material question, therefore, is to find out the proper Article. On the face of it, Art. 75 would appear to be quite apt. It...having regard to the fact that the bonds were registered instruments, the proper Article applicable will be not Article 75 but Article 116, though no doubt in terms Article ...attract the operation of Article 116 rather than of Article 75. If that be so, it is obvious that the claim to a personal decree would not be barred at the date the suits were...

...me that prior to 1932 there would have been hardly any question that time began to run against the plaintiff from the date of the second default within the meaning of, Article 75, Lim. Act, unless he...proved a waiver which would give him a fresh start. There are numerous cases of this Court to some of which reference will be made shortly in which Article 75 has been applied to instalment bonds...Article 75, Limitation Act, which is in very special terms. Their Lordships pointed out that if in the Indian case the question were, when did the mortgagee's cause of action...

...default as provided for under the provisions of article 75 of the Limitation Act. The plaintiff has preferred this revision against the order of the dismissal passed by the...exhaustively discussed by the Chief Justice and it was decided that unless there was a waiver the suit would be governed by the provisions of article 75 of the Indian Limitation...Act and would be barred. At page 126 the following remarks were made by the Chief Justice:“To hold that although limitation has run out under article 75 which applied to the facts of...

...also recorded a finding that the suit was governed by Article 75 of the Limitation Act and was consequently barred by time. The suit was accordingly dismissed but there was no...order for costs.Learned counsel for the plaintiff-applicant has strongly contended that the court below took an erroneous view of the law in applying Article 75 of the...consequently within time. It is, however, obvious that Article 80 would have no application if the suit falls within the purview of Article 75 of the Act. The crucial question, therefore, is whether on a...

...defaulted subscription, on the ground that the variola of the chit is registered.3. The next question is whether Article 75 of the Limitation Act applies to the...Article 75 of the Limitation Act applies to the case, I am afraid I cannot agree with the view of the learned Munsif. A bond or a promissory note payable by instalments coming...within Article 75 of the Limitation Act is different from a bond executed by a prized subscriber to secure the payment of the future instalments. In the former the amount...

...under Article 75 of the Limitation Act.3. The appellant was working as Chief Personnel Officer with the Northern Railways from 13th December, 1965 to 31st...limitation under Article 75 of the Limitation Act.4. The learned Trial Court held the suit to be barred by limitation. The findings of the learned Trial Court are...for defamation of Rs. 10 lacs arose on 04.11.96 when a defamatory press communiqué was issued by defendant which was widely printed in press media. Article 75 of the Limitation...

...Article 75 of the Limitation Act and it is contended that the suit is barred because there was a default to pay one instalment more than three years before the date of the suit. And the bond...the words "on demand" were given the same meaning as "when you require." 2. Apart from this it seems to me that under Article 75 it might well be said that the plaintiff not having...Jadab Chandra Bakshi v. Bhairab Chandra Chuckerbutty (1904) I.L.R., 31 Calc., 297, it is laid down that there can be no waiver within the meaning of the third clause of Article ...

...Article 75, Limitation Act, by the acceptance by the plaintiffs of a sum of Rs. 25 against the instalment due in 1928. The instalment I should have said was of Rs. 75 and...Judge is correct as regards waiver, the other and somewhat more difficult question does not arise. The question to which I refer is the proper construction to be placed on Article 75, Limitation...Indian statute comes up for decision; and although it may be true to say that I have here to construe Article 75, Limitation Act, it is in one sense merely the construction...

...is placed by learned counsel on the language of Article 75, Limitation Act. Learned counsel urged that the question, whether, under the contract, the creditor was or was...not bound to claim the amount within three years of the first default, was not relevant and, by reason of the provisions of Article 75, the suit had to be brought within three...years and not thereafter. Article 75 provides that on a promissory note or bond payable by instalments, which provides that, if default be made in payment of one or more instalments, the whole amount...

...if any default occurred. The bond with which we have to deal is not so worded." The decision appears to me to amount to this; that Article 75 of the first Schedule to the Limitation Act...does not apply to a case where only an option is left to the creditor to sue for the whole amount of the bond. The Calcutta High Court, in the case above-mentioned, has held that Article 75 does apply...even where the creditor is not bound to sue for the whole amount of the bond but is entitled to do so if he pleases. The bond in the present case appears to me to fall within Article 75, for it...

...here is not for the whole amount in exercise of the option. Under Article 75, Sch. 1, Lim. Act, where the benefit of the provision as to the recovery of the whole amount is...80 applied. In my opinion the bond is of the nature to which Article 75 will apply and not the general Article 80. In my opinion the plaintiffs have not lost their right to sue the defendants for the...benefit of the provision will not be able to sue in future for the whole amount at once, but they are entitled to sue for the instalments as they fall due. The trial Court further believed that Article...

..., 74, 75, 80 and 132. Article 74 provides that the period of limitation for a promissory note or a bond payable by instalments shall be three years from the expiration of the first term of...whether Article 75 or Article 80 is applicable. Article 80 is a residuary article, and if Article 75 is not applicable, Article 80 would be applicable....attempted to bring the case under Article 75. Mr. Narayanaswami Aiyar, learned Counsel for the respondent was equally anxious to steer clear of Article 75. It is the contention of Mr. Narayanaswami Iyer...

...Indian Companies Act, 1913. It carried on business of manufacturing cotton textiles at Beawar. Article 75 of the articles of association of this company provided for...case shows that Seth Lalchand Kothari and Shri Mukand Das Rathi were the two agents appointed under article 75 during the period relevant for the assessment year 1957–58. Strong differences of opinion...13th September, 1956, to 31st December, 1956, under the provisions of Article 75 of the articles of association?”7. In our opinion, the answer to this question...

...12 years before suit, so that even if the principle indicated in the third column of Article 75 should be adopted in determining “when the money sued for becomes due” within the meaning of Article..., J.:— I agree. We must not be taken to have expressed any opinion whether the question of waiver which arises under Article 75 is relevant in a case falling under Article 132, Schedule to Limitation Act.V.B/R.K...

...the provisions of the Constitution, the executive power of the Union shall extend to the matters with respect to which Parliament has power to make laws. Article 75(1) provides that the Prime Minister...shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister; Article 75(3) posits that the Council of Ministers shall be...collectively responsible to the House of the People; Article 75(4) enjoins that before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according...