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Cases cited for the legal proposition you have searched for.

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...also relied upon the Uttar Pradesh Official Language (Amendment) Act, 1989 by which Section 3 of the U.P Official Language Act, ...that the Urdu has not been declared the second official language in the State of U.P for all purposes. Section 3 of the U.P Official Language Act, 1951...;6. The U.P Official Language Act, 1951 as amended by the U.P Official Language (Amendment) 1989 does not make Urdu as second ...

...matter. This State enacted the U.P Official Language Act, 1951 in the year 1951. Sec. 2 of this Act provided that without prejudice to Arts. 346 and 347 of the ...the U.P Official Language Act, 1951 required to be published in Hindi will not be a notification as required by law. The English version of the notification does not possess..., Act, Ordinance, order, rule, regulation or bye-law, as the case may be. Basing his arguments on these provisions and also Sec. 2 of the U.P Official Language Act, 1951...

...records of the present writ petition.9. This Court may record that U.P Official Language Act, 1951 provides Hindi to be as the language to be used in the ...Hindi language in the proceedings of the High Court. The power has not been exercised and only optional use of Hindi under the Official Language Act has been permitted. Further in the case of...U.P, yet there has been no notification adopting Hindi as the official language of the High Court.10. Moreover, the petitioners had appeared in the objective examination without protest...

...R.M Lodha, C.J— On 12-11-1951, the Uttar Pradesh Official Language Act, 1951 (U.P Act 26 of 1951) (for short “the 1951 Act”) was published in Gazette ..., J. the U.P Official Language (Amendment) Act, 1989 (U.P Act 28 of 1989) adding Section 3 in the U.P Official Language Act, .... By this Amendment Act, Section 3 was inserted after Section 2 in the 1951 Act providing for Urdu language as the second official language for such purposes a...

....3. By the U.P Official Language (Amendment) Act, 1989 (U.P Act No. 28 of 1989) the U.P Legislature inserted the following section 3 after existi...petition, quoted above, seeks a declaration that certain rules, referred to in that prayer, are ultra vires the U.P Official Language Act (as amended). A rule can be ultra vires...the statutory obligation under the U.P Official Language Act should be enforced by a mandamus issued to the State Government, but it is a totally different thing to say that rules framed under one...

...the State, or Hindi, as the official language of the State. The official language of Uttar Pradesh Government is Hindi written in Devnagari script. An enactment to this effect was passed in 1951 and is ent....16. Later, the State Government decided for complete switch over from English to Hindi in all official work of the State. For this purpose Section 2 of the U.P Official Language ...345 of the Constitution, the Uttar Pradesh Official Language Act, 1951, was also passed by the State Legislature, whereby Hindi was adopted as the language to be used for all or any of the...

...Article 345 of the Constitution, the U.P Official Language Act, 1951 (in short 1951 Act) was amended by Act No. 9 of 1969 whereby, the State Legislatur...commencement. 2. Hindi to be official language of the State.Authoritative English text 2 of the Uttar Pradesh Raj Bhasha Adhiniyam, 1951An Act to provide...throughout that State or any part thereof for such purpose as he may specify.”23. In the State of U.P, the State Legislature had declared Hindi as official language. Bills are passed and...

...of India, the erstwhile State of U.P at first passed an Act known as the Uttar Pradesh Official Language Act, 1951 (U.P Act XXVI of 1951)....Uttar Pradesh under the Constitution of India or under any law made by Parliament or the Legislature of the State.This was followed by the U.P Official Language Supplementary Provision ...fifteen year period could come to an end, the Parliament had passed an Act known as the Official Language Act, 1963 whereby it was stated that “notwithstanding the...

...A.I.R 1962 Alld. 240. has held that in U.P after the passing of the U.P Acts No. 1 of 1950 (U.P languages Bills Act) and 26 of ...Hindi was the official language of the State of U.P, in case of divergence between the Hindi and the English versions of the official gazette the English version reigned supreme and superseded the...clause (1), the Governor……of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in...

...language for these purposes, a translation shall be published in the English Language in the Gazette and shall be deemed to be the authoritative text thereof. The U.P Official Languages ...official purposes of the State any order made by the State and expressed in the English language shall be void. Nor does the U.P Official Language Act say so.” it was observed:—“It...the State as the official language, then the use of English shall be barred altogether so as to render invalid any official proceedings done in that language. Dayabhai Poonabhai v. Natwarlal S...

...to act in the discharge of his official duty”. But the difference is only in language and not in substance. The offence alleged to have been committed must have something to do, or must be related in...behalf. Firstly, an act of criminal assault or wrongful confinement can never be regarded as an act done while acting or purporting to act in the discharge of official duty; secondly, that in a case...against a public servant for an act done or purporting to be done by the public servant in the discharge of his official duties. No one can take such proceedings without such sanction. If the...

...different from Section 137 of the adapted C de of Civil Procedure which was in force in Madhya Bharat before 1st April, 1951. Hindi which was the official language of the subordinate Courts before 1st April...commencement of this Constitution." Taking advantage of this provision, the Madhya Bharat Legislature enacted "The Madhya Bharat Official Language Act, 1950" (Act No. 67...Bharat Official Language Act, 1950 (Act 67 of 1950), Hindi was adopted as the language to be used for all official purposes in the State of Madhya Bharat excepting those specified in the...

...‘Uttar Pradesh Official Language Act 1951.’ There is an amendment of the said law carried out in 1984. After creation of the State of Uttarakhand, the Uttar...Pradesh Official Language Act, 1951 was in force in the State of Uttarakhand. In the year 2009, the Uttarakhand Official Language Bill 2009 was presented before the House and it was passe...the nature of mandamus declaring Article 3 of the Uttarakhand Official Language Act 2009 is ultra vires of the Constitution of India (contained as Annexure No. 4 to the writ...

...of 1951 that the appellant was proved to have committed the corrupt practice of bribery as mentioned in Section 123(1) of the Act. The Appellant thereupon filed in the High Court of Patiala.... Such concessions were also shown to other employees of the various Small town Committees and Municipal Committees in Pepsu before and after this case. This was an official act done in the routine and...civil servants, the decision that they are entitled to a second opportunity was based on the peculiar language of Sections 240(2) and (3) of the Government of India Act, 1935, and...

...Section 36 of the Representation of the People Act, 1951. Parliament has made this provision in exercise of the powers conferred on it by ...Section 100 of the Representation of the People Act, 1951, one of the grounds for declaring an election to be void is the improper rejection of a nom...Constitution and the Representation of the People Act, 1951, will show that the construction I have suggested is the correct one. Broadly speaking, b...

...commencement of the Constitution." 9. The first landmark in this direction was the Uttar Pradesh official Language Act, 1951 (U. P. Act XXVI of 1951) w...followed by the U. P. official Language Supplementary Provision Act, 1968. Section 2 of U. P. Act XXVI of 1951 was amended and the words "within one year from the commencement...official Languages Act, 1963 (No. XIX of 1963) enabling by its Section 7, the use of Hindi or other official language of the State in the High Court of the State in its judgments, decrees and orders...

...language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State: Provided that nothing...Representation of the People Act, 1951(hereinafter referred to as “the Act”) read with Rule 94-A (hereinafter “the...Act. 4. The precise objection raised in IA No. 5957 of 1999 was to the effect that since the election petition had been drawn up in Hindi language and not English language the same was...

...result was that on November 16, 1951, the U.P Government issued a notification under Section 3 of the U.P Industrial Disputes Act 28 of 1947, hereinafter referred to as “the Act”, referring the following...merits. 6. Taking the first contention, the provision of law under which the impugned notification dated November 16, 1951, was issued by the State is Section 3 of the Act, which runs...continued existence of that industry on the date of the notification. We do not find anything in the language of Section 3 of the Act to warrant the imposition of this additional limitation on the...

...detention already communicated to you are given in English which is the official language in this district. It is not possible to supply any translation of the same for is (sic) it legally necessary under....” 4. The High Court, dealing with this contention on behalf of the detenue, came to the conclusion that under the Constitution English still continued to be the official language of the State..., it means communication in the official language, which continues to be English; secondly, the communication need not be in writing and the translation and explanation in Hindi offered by the...

...Language is guided by Article 343 of the Constitution and Official Language Act 1963. The Commission hereby directs the respondent to provide clear and categorical reply to the...Official Language, New Delhi for not providing complete and satisfactory information in response to his RTI application dated 11.2.2012. The appellant was present whereas the respondent were...41 queries pertaining to various issues regarding the use of Hindi. The CPIO, PMO transferred the RTI application to the CPIO, MHA vide letter dated 7.3.2012. The CPIO, Department of Official Language...

...under Article 324 of the Constitution, Section 153 of the Representation of the People Act, 1951 and all other powers enabling it so to do, cancels the poll already taken in...unmistakably plain that the election court hearing the dispute on the same subject under Section 98 of the RP Act, 1951 (for short, the Act) shall not be moved by expressions of...specifics. Part XV of the Constitution plus the Representation of the People Act, 1950 (for short, “the 1950 Act”) and the Representation of the People Act, 1951 (for short, “the Act”), Rules framed...

..., Dental Council of India v. Hari Prakash.43. In the present case, there appears to be no ambiguity with the language of the statute i.e, Act and the ...-section (2) of Section 15 of the U.P Sugarcane (Regulation of Supply and Purchase) Act, 1953 (in short the Act). While passing the order dated 2.11.2009, the Cane...under the provisions of Section 17(4) and 18(3) of the U.P Sugarcane (Regulation of Supply and Purchase) Act, 1953.(i). It is...

...to the Chief Election Commissioner. Under Section 135-A of the Representation of the People Act, 1951 booth...14 of the Representation of the People Act, 1951 to the declaration of the result under Section 66 of the Act. 15. The constitutional status of the High Courts and the nature of the...category is not far to visualise. Under Section 81 of the Representation of the People Act, 1951 an election petition...

...same as the scheme of the Rules does not envisage such a course. Section 29 of the Act itself provides that before passing the order of removal of the official an opportunity of explanation is...(hereinafter called the '1951 Act'), provided the election petition was based on the ground of corrupt practices under section 123 of the 1951 act, and not in any other case. In that case, the standard.... Commissioner, Moradabad Division, Moradabad, (1993) 1 UPLBEC 414, held that in an inquiry under Section 95 (g) of the U.P. Panchayat Raj Act, 1947 the complainant, who was Up...

...Prakash. 43. In the present case, there appears to be no ambiguity with the language of the statute i.e., Act and the Rules framed thereunder with regard to liability of the...by sub-section (2) of Section 15 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 (in short the Act). While passing the order...) of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953. (i).It is significant to submit that against the aforesaid recovery certificate, the...

...institution. Section 32 of the NCTE Act, empowers the council to frame regulation by publication in official gazette not inconsistent with the provisions of the Act and Rules made thereunder. Relevant...) is reproduced as under-“A construction which would leave without effect any part of the language of a statute will normally be rejected. Thus, where an Act plainly gave an appeal...other clauses of the Act to make a consistent enactment of the whole statute. According to Maxwell (supra at page 47), statutory language should not be read in isolation but in its context...

...is in law no delegation because constitutionally the act or decision of the official is that of the Minister. (A. Sanjevi Naidu etc., v. State of Madras.... Such a construction would not only be contrary to the plain language of Rule 4(a), but would also require the definition of "Assistant Director" in Rule 4(a) to be read as the Assistant Director in...that intention is to be gathered from the language employed having regard to the context in connection with which it is employed. The legislature is deemed to intend and mean what it says. The need for...

...Act known as Official Language Act, 1951. Since these notifications have been adopted by the State of Uttarakhand, Hindi is also the official language of the S....However, there is much more to the issue than a mere interpretation of the Right to Information Act. The question is as to whether inspite of the fact that Hindi is the official language...erstwhile State of U.P and Hindi still continues to be the official language of the new State, by the same principles the status of “Hindi” shall remain the same as it was in U.PMoreover...

...Section 357(1) of the Madhya Pradesh Panchayats Act, 1962, the language of which was identically the same as that of...Section 80 of the Representation of the People Act, 1951. It was pointed out that the court in N.P Ponnuswami case having regard to the words “Notwit...Section 80 of the Representation of the People Act, 1951. The Full Bench observed that though it was not concerned with Article 32...

...official language of the High Court. No such notification has been issued in the State of Uttar Pradesh, which is evident from the notification dated 05th September, 1969 which has been issued in the...remains that a writ petition was disposed of by order dated 17th October, 2012. Since the writ petition was filed in vernacular language, the Division Bench in its order dated 05th October, 2012 accepted...: "The Registry will not entertain any counter affidavit which is in vernacular language unless translated copy thereof in English is also attached with it in future. The Joint Registrar ...

...clear also from the language of Section 3 of the Amendment Act, then by accepting the plain meaning, the U.P Amendment Act would be rendered...be deemed to be invalid or ever to have been invalid merely on the ground that declaration under section 6 of the principal act was published in the Official Gazette on the same date on which...notification under Section 4, sub-section (1) of the principal Act, was published in the Official Gazette or on any other date prior to the date of publication of such notification...

...Acts being U. P. Act No. 1 of 1950 (U. P. Language Bills Act) and U. P. Act No. 26 of 1951 (U. P. Official Language Act). By the former it was provided...Hindi as the language for official use in this State. Therefore any Bill or Act could be passed, any Ordinance promulgated and any order, rule, regulation or bye-law framed in the Hindi language but...text in the English language. This maintains the originality of the Bill or the Act or the Ordinance or the subordinate legislation in the official language while the English...

...as the Chief Commissioner may, by notification in the official gazette, appoint. 2. Amendment of Section 1, Act I of 1951. In S. 1 of the Coorg Agricultural..."taking cognizance" of a case is used in the sense of taking up the case for judicial disposal the sense in which we say in our official language that a Ct. takes a case on file." Applying this rule, it..., D/- 6 -9 -1957 against Order of Second Additional Dist. J, Bangalore, D/- 15 -11 -1951. (A) Provincial Insolvency Act (5 of 1920), S.53 - INSOLVENT - EVIDENCE - Good...

...Secretary filed an affidavit and pointed out that the State Legislature has enacted the Maharashtra Official Languages Act, 1964 and Marathi is the language used for “all...matters. Further Marathi is the official language for official purposes of the State. (See sections 3 and 4 of the Maharashtra Official Languages Act, 1964) from 26th January...Department concerned to publish in the Official Gazette the translations in English language of the authoritative text of all such documents. This explanation was accepted by the Division Bench...

...Substances Act 1908, The Prevention of Terrorism Act 2002, The Unlawful Activities (Prevention) Act 1967, The Official Secrets Act 1923, offences under Chapter VI of the Indian P...the Parliament. Similarly, passport act and official secret act are Central Acts. 64. In view of above, there appears to be no room of doubt that the Legislature in its wisdom in...employees of the Central Government while acting or purporting to act in discharge of his official duty, then it shall be mandatory to obtain permission from the Central Government before moving the court...

..., 1961 (hereinafter referred to as “the Rules”) attracting the provisions of Section 100(1)(d)(iv) of the Representation of the People Act, 1951 (hereinafter referred..., without announcing the result and recording the same in the prescribed form, a request made by the appellant for re-count was entertained by the said official who was unduly influenced by the father of the...refused an opportunity to prove his allegations. Should the court refuse to enquire into those allegations merely because the appellant or someone who prepared his brief did not know the language of the...

...the Haryana Official Language Act, 1969 (for short ‘the Language Act’) incorporated in terms of the...provisions of Article 342 of the Constitution to assert that Hindi is the official language to be used for all official purposes in terms of Section 3 of the aforesaid Act. Therefore, it ...India and the Haryana Official Language Act, 1969 need to be extracted. The same are as under:Constitution of India“343. Official language of the Union - (1) The...

...Section 13(2) read with Section 13(1)(d) of the 1988 Act. Charge-sheet was also submitted against the aforesaid two accused official persons besides fifteen contractors referred to above for...appellant submitted that the act of the appellant complained of, had reasonable connection with the discharge of official duty and both were so interwoven that one could not be separated from the other...section 197 of the code: “any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty”. The offence alleged to have been committed must have...

...Official Languages Act, four States in the Union of India have adopted Hindi as the State Language and accordingly have issued notifications under sub-article (2) of Article 348...II of Part XVII of the Constitution of India which is entitled as “official language”. Chapter I of the same deals with language of the Union and in it sub-article 343 appears which states that the...official language of the Union shall be Hindi in Devnagari script. Notwithstanding anything contained in Article 343(1) for a period of fifteen years from the commencement of this Constitution, English...

...-Merwara (Extension of Laws) Act, 1947 : [1951]2SCR747 : If the legislature hands over its essential legislative powers to an outside authority that would, in my opinion...Devi Prasad Singh, J;- 1. Present writ petition under Art. 226 of the Constitution of India has been preferred to declare ultravires the U.P. Act No...held for taking the oath of office. 2. The petitioners are the Chairman and Member of Municipal Council constituted under U.P. Municipalities Act, 1916(in short...

...statute is to be construed with reference to the context and other clauses of the Act to make a consistent enactment of the whole statute. According to Maxwell (supra), statutory language should not be...of the required conditions. The reservation in the State of U.P., is governed by the Statutory provisions, an Act of State Legislation namely, Uttar Pradesh Public Service Commission (Reservation for...Scheduled Castes and Scheduled Tribes and Other Backward Classes) Act, 1994 (in short 1994 Act) (U.P. Act No. 4 of 1994). The 1994 Act has been broadly made applicable to...

...States or parts or enclaves of others into the then United Provinces of Agra and Oudh (now Uttar Pradesh). U.P Zamindari Abolition and Land Reforms Act (U.P Act 1 of 1951...) abolished the zamindari system. It amended U.P Land Revenue Act, 1901 in stages in the various areas, as and where the zamindari was abolished under U.P Act 1 of ...officials generally by their official titles, to quote Section 221 of the U.P Land Revenue Act as under:—“221. Conferring of powers— In conferring powers under...

...notification, superseding the Committee, being in the English language in contravention of the provisions of Section 2 of the U. P, Official Language Act, 1951, is invalid. The...that the original notification is issued in English. Section 2 of the U. P. Official Language Act reads : "Without prejudice to the.... Official Language Act say so. Accordingly I find it difficult to conclude that the impugned English notification is invalid. It has been held that when the provisions of...

..., shall apart from rendering the official concerned liable for departmental action, also render him liable to be punished for contempt of Court.”(Emphasis added).33. The...Constitution. In our opinion, the language of Art. 226 does not permit such an action. On that short ground, the Judgment of the Orissa High Court under appeal cannot be upheld...part of the judgment in Joginder Kumar's case, the Apex Court has only Issued certain directions.91. However, for non-compliance of the aforesaid directions, the official concerned...

...and unfounded. 21- The language of Section 2(b) or Rule 2(c) of the VAT Act and Rules are clear and does no suffer from any ambiguity, hence no 'causus...notification in the Official Gazette, appoint, not being earlier than thirty days from the date of such notification, be liable to pay tax under this Act on all sales of goods other than electrical...Act shall be deemed to...'are objectionable as necessary deviations from common language. 'Thinks' or 'considers' are preferable in the first two examples and 'construed' or 'interpreted' in the third...

...an opportunity to exercise some judicial or official discretion in a way which can adequately compensate for that breach. Provisions relating to the steps to be taken by the parties to legal...directory or mandatory. It observed:15. While determining whether a provision is mandatory or directory, in addition to the language used therein, the Court has to examine the context in...-compliance with the provision could render the entire proceedings invalid or not. Whether the provision is mandatory or directory, depends upon the intent of the legislature and not upon the language for...

...Official Languages Act, 1963 (No. XIX of 1963) enabling by its Section 7, the use of Hindi or other official language of the State ...various measures have been taken for use of Hindi language for official purposes in the State of U.P as well as in proceeding before the High Court and Sub-ordinate courts. Thus the law as it now stands...entertain and adjudicate such writ petition?3. In this connection, it is to be noted that Part XVII of the Constitution of India deals with the official language and Chapter 1 of which...

...official capacity. The (1) [1939] F.C.B. 159, 179. (2) [1951] S.C.R. 312. (3) [1943] I.L.P,. 22 Pat. 433. chalan in the first case was in these terms : "Both the...accused of an offence alleged to have been committed by him while acting or Purporting to act in the discharge of his official duty. If he was, then in view of S. 197 of the Code of Criminal Procedure no..."accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty". It is said on behalf of the prosecution that in respect of an...

...the relevant constitutional provisions and the Rajasthan Official Language Act, it is only the English version of the notification that has to be taken to be authoritative...Language Act, 1956 (Act No. 47 of 1956), provides as to what is to be the language to be used for various official purposes of the State of Rajasthan. Section 3 declares that Hindi shall be the...the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes o£ the State, in proceedings in the High Court having its principal...

...committed a manifest error in passing the impugned judgment insofar as it failed and/or neglected to determine the question as to whether the act complained of had a reasonable nexus with the official duty...Commodities Act; must be held to have been performed in the process of discharge of his official duty, and, thus, the alleged acts of misappropriation of 24 cylinders and acceptance of a bribe of Rs...an offence and never can be. But it is not the duty we have to examine so much as the act, because an official act can be performed in the discharge of official duty as well as in dereliction of it...

...under Section 4(2) of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act) was published in the official Gazette notifying inter alia that the...) notwithstanding anything contained in the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act 1 of 1951), no tenure holder, except with the permission in writing of t...official gazette, the consequences, as hereinafter set forth, shall, subject to the provisions of this Act, from the date specified thereunder till the publication of notification under...

...Section 29A of the Representation of People Act, 1951 is limited by the Constitution to only to such political party/parties which has/have as its...provision of either Representation of People Act, 1950 or 1951 would be repugnant to the Constitution and would defeat the purpose for which Article 5 was included in the Constitution...one which attracts applicability of Section 100(1)(d)(iv) of the Representation of People Act, 1951 and as such an issue can be treated by the High Court in an election...

...Representation of People Act, 1951.6. The issues were settled by B.C Basak J. on 20th July, 1983. The said issues....“The learned Advocate General has also placed reliance on S. 170 of the Representation of the People Act, 1951, and has contended that the jurisdiction of the...S. 170 of the Representation of the People Act, 1951, Capital “C” has not been used with regard to the expression “Civil Court”. So in S. 170 the reference is to all Courts of...

...the Prevention of Corruption Act, 1947 (in short 1947 Act) requires sanction in case a public servant is charged for an act during official discharge of duty. The...sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such...Forces of the Union whole acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government.(3) The State Government may...

...enlisted in section 123(3) of the R.P Act, 1951.8. It is stated in the affidavit that on such allegations the election is sought to be set aside but this is no pleading of corrupt practice in...section 123 of Representation of the People Act, 1951 (RP Act for short). In the entire petition, there is no pleading that the returned can...: AIR 1982 SC 983 the Supreme Court has emphasised the object and purpose of RP Act, 1951 and particularly the provisions providing for trial of election...

...mere fact that sanction under Section 19 of the Act of 1988, has been granted by the Government of India is sufficient to fortify his contention that she has acted in discharge of her official duties. He...the acts were in discharge of her official duties, even for prosecution under Section 13 of the Act of 1988, sanction under Section 197 Cr.P.C is necessary and merely on the...to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction-(a) in the case of a person who is employed or, as the...

...India Services Act 1951 gives power to the Central Government to make rules for the regulation of the recruitment and conditions of...India Services Act, 1951 and the appellant will be governed by All India Service Rules and other rules framed from time to time under All...India Services Act, 1951. In the appointment order, the appellant was informed that under the rules of the service, the appellant...

...or more State Governments". 6. It is now judicial history that Saghir Ahmed, AIR 1954 SC 728 saw the death of U. P. Road Transport Act, 1951.... (2) The State Government shall publish any modification proposed under sub-section (1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area...in which it is proposed to be covered by such modification, together with the date, not being less than thirty days from such publication in the Official Gazette, and the time and place at which any...

...must possess power to conduct inspection of recognized institutions in order to effectively discharge its statutory obligation, to implant such power in the language of Section 17 of the Act causes...interpretation should have been placed regard being had to be language employed.(h) The learned Single Judge misinterpretated Section 20(6) of the Act to come to the conclusion that the Central...:“32. Power to make regulations.(1) The Council may, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the...

...” has been used to indicate the legislative intent that the provisions should be mandatory, but when examined in light of the scheme of the Act, language of the provisions, legislative intendment and...vest absolutely in the Government free from all encumbrances even when no award is made and possession thereof is taken in terms of Sections 17(1) and 17(3-A) of the Act. We have to give the language of...thereunder which have to be computed in accordance with the provisions of Part III. 179. There is no ambiguity in the language of Section 48 of the Act to give it any other...

...Governor of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High...the same in the English language published under the authority of the Governor of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English...the same in English.The Registry will not entertain any counter-affidavit which is in vernacular language unless translated copy thereof in English is also attached with it in future...

...in the English gazette because Hindi in Deonagri characters being the official language of the State, Hindi version of the gazette is more authoritative, than the English version, I do not find any...) U.P Allahabad, AIR 1962 All 240 a Full Bench of this Court has held that:“In case of conflict or divergence between the two versions of the official gazette the English version may.../16 of the Prevention of Food Adulteration Act. The Medical Officer of Health, Agra Municipality, filed a complaint against the opposite party on the allegations that on 19-6-59 he was found...

...of statute arises, for the Act speaks for itself. Courts are not concerned with the policy involved or that the results are injurious or otherwise, which may follow from giving effect to the language...effect to in opposition to the plain language of the Sections of the Act.”(viii) In Hari Prasad Shivashanker Shukla v. A.D Divelkar reported in AIR 1957 SC...grammar. When the language is plain and unambiguous and admits of only one meaning, no question of construction of a statute arises, for the Act speaks for itself. It is a well recognized rule of...

...477-A required sanction, as “the official capacity is involved in the very act complained of as amounting to a crime”; but that no sanction was required for a charge under Section 409, because “the...official capacity is material only in connection with the ‘entrustment' and does not necessarily enter into the later act of misappropriation or conversion, which is the act complained of...section were not uniform, proceeded to group them under three categories those which had held that sanction was necessary when the act complained of attached to the official character of the person...

...that the provisions should be mandatory, but when examined in light of the scheme of the Act, language of the provisions, legislative intendment and the objects sought to be achieved, such an...interpretation may defeat the very purpose of the Act and, thus, such interpretation may not be acceptable in law and in public interest. 132. Keeping in mind the language of the provision, the...law to the Electricity Act, Distribution and Supply Codes, as regards supply of electricity, from the language employed in Section 43 of the Act, ie., duty to supply electricity on request and Section...

...Representation of the People Act, 1951). (5) "The true scope of the limitation enacted in...People Act, 1951 (hereinafter to be referred to as the Act) shows:-- (a) The only forum in which an election dispute can be settled is the one provided by the Act and the rules made...under Sections 82 and 87 of the Representation of the People Act, 1951, (hereinafter called the Act) read with Section 151, Code of Civil Procedure, on behalf of respondents...

...provisions should be mandatory, but when examined in light of the scheme of the Act, language of the provisions, legislative intendment and the objects sought to be achieved, such an interpretation...may defeat the very purpose of the Act and, thus, such interpretation may not be acceptable in law and in public interest.132. Keeping in mind the language of the provision, the Court...the principles of law to the Electricity Act, Distribution and Supply Codes, as regards supply of Electricity, from the language employed in Section 43 of the Act, i.e, duty to supply Electricity on...

..., but when examined in light of the scheme of the Act, language of the provisions, legislative intendment and the objects sought to be achieved, such an interpretation may defeat the very purpose of...the Act and, thus, such interpretation may not be acceptable in law and in public interest. 132. Keeping in mind the language of the provision, the Court has to examine whether the...Supp (1) SCC 192], it has been held that: (SCC p. 195, para 5) 5. Where the language of the Act is clear and explicit, the court must give effect to it, whatever...

...rejection were governed by section 36 of the Representation of the People Act, 1951. Parliament had made that...Part XV of the Constitution and the Representation of the People Act, 1951 will show that the construction I have...Representation of the People Act, 1951, the Court observed that the Act was a self-contained enactment so far as elections were concerned w...

...imperative language, the beneficent purpose and importance of the provisions for efficacious implementation of the general scheme of the Act—all unerringly lead to the conclusion that they were intended to...informant. 15. While determining whether a provision is mandatory or directory, in addition to the language used therein, the Court has to examine the context in which the provision is...or directory, depends upon the intent of the legislature and not upon the language for which the intent is clothed. But the circumstance that the legislature has used the language of compulsive force...

...of the arrestee. This Court has also cautioned that failure to comply with the requirements aforesaid, shall apart from rendering the official concerned liable for departmental action, also render...our opinion, the language of Art. 226 does not permit such an action. On that short ground, the judgment of the Orissa High Court under appeal cannot be upheld.” (Emphasis added...only issued certain directions.13(iii) However, for non-compliance of the aforesaid directions, the official concerned can be held liable for departmental action, and may also be...

...express and clear language. It cannot be brought about by a side wind.69. Thirdly, the Act of 1952 and the Code have to be read and construed together, he urged. The court is never...High Court. Learned Counsel for the appellant contends that the language of Section 7(1) of the Act is mandatory; it directs that offences specified in the Act can be tried...transfer from the court of a Special Judge under the 1952 Act is concerned though it is a much later enactment.201. On the contrary, the language of Section 7(1...

...the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this Article.”8. It is not disputed that the Bihar Legislature, in...be usefully quoted:—“Thus, Section 4 again shows that while Hindi has been permitted to be the official language for bills and statutory orders, English has not been done away with...the official language. The only requirement, when English is used, as language, is that the State Government is required to publish a translation of the notification in the Hindi language written in...

...virtue of powers conferred upon it by the Uttar Pradesh State Road Transport Act, 1950 (U.P Act No. II of 1951), hereinafter referred to as the impugned Act, in effect stopped..., they moved a Bill in the State Legislature for the purpose. The Bill was ultimately passed in 1950 and is known as U.P State Road Transport Act, 1950, (Act No. II of 1951....”287. The scheme itself was published in the U.P Gazette dated the 23rd June, 1951. Section 3 of the Act provides that a notification has to be issued where the State Government is satisfied...

...overlooked that Parliament has confided this discretion, not to any petty official but to the appropriate Government itself to take action in conformity with the policy and principle laid down in the Act. As...that it is necessary so to do, and shall, if a resolution in this behalf is passed by the House of People or, as the case may be, the Legislative Assembly of the State, by notification in the Official...witnesses or documents and any other matter which may be prescribed. Section 5 empowers the appropriate Government, by a notification in the Official Gazette, to confer on the Commission additional powers as...

...Resolution was duly published in the Official Gazette dated 14-1-1951. On the basis of the formula so laid down, the Pepsu Educational Service Integration Committee drew up a provisional seniority list of the...-1951 held must fail. (Para 2) Atma Ram, for Applicant; P.L. Handa, for Bank of Patiala; Ram Niwas, Official Liquidator. Judgement...; Civil Misc. Writ Case No. 545 of 1950, D/-18-6-1951 (Punj.), Foll. (Para 15) Anno : AIR Man., Motor Vehicles Act, S. 42, N. 1. Cases...

...that absurdity and inconsistency, but no farther : Lord Wensleydale in Grey v. Pearson (1857) 6 HLG 61 at p. 106.My Lords, to quote from the language of Tindal, C. J...enacted words we are not concerned with the policy in­volved or with the results, injurious or oth­erwise, which may follow from giving ef­fect to the language used. Emperor v. Benoarilal.... No. 57 of 1983 and the Official Liqui­dator was appointed who took over posses­sion of the properties of the company. There­after, Punjab National Bank filed a suit (C. P. No. 46 of 1984) for recovery...

...Land Customs Act authorised the Central Government to appoint by notification in the official gazette any person to be the Collector...exercise of the powers conferred upon it by Section 3 of the said Act vide notification No. 55-Cus dated 24th July, 1951 (annexure ‘A’ filed along with affidavit dated 12th November, 1984 of Shri M.L...Central Excise at the said stations were also designated as Collectors of Land Customs in their respective jurisdictions (See notification dated 24th July, 1951 annexure ‘A’ (supra)). It would thus...

...prescribed by Section 53 of this Act would be available to an accused officer only when the act complained of has been committed in the discharge of his official duties.”17. They also...of the case’. Consequently we have got to decide as to whether the act which is alleged to have been done by A-1 was done in the discharge of his official duties. To decide that point, the relevant...by him while acting or purporting to act in the discharge of his official duty’. The question as to when and under what circumstances a public servant can be said to have acted in the discharge of his...

...the Constitution speaks of communicating the grounds of detention to the detenue, it means communication in the official language, which continues to be English; secondly, the communication need not...detenu with Tamil translation. Having decided to supply the some of the documents in language known to the detenu but nothing prevent them to supply all other relied upon and referred documents in...language known to the detenu. Therefore the detenu is not able to read and understand the same and could not send a detailed representation to the authority against the detention order and he is handicapped...

...to function as such until 1951. The respondent's conduct as a member of that Committee, was not found to be satisfactory and above board; inasmuch as it was discovered that he had allowed his private...language in which the intent is clothed. The meaning and intention of the legislature must govern, and these are to be ascertained, not only from the phraseology of the provision, but also by...respondent in rank from the U.P Education Service (Junior Scale) to Subordinate Education Service, with effect from August 2, 1952, and compulsorily retiring him. The order of compulsory retirement was more...

...accused of the offences alleged to have been committed by him while acting or purporting to act in the discharge of his official duty and therefore, the Magistrate had no jurisdiction to take...offences of which he is accused while acting or purporting to act in the discharge of his official duties? This is an important question for our consideration. If he did then he cannot be prosecuted for...:“In one group of cases, it is insisted that there must be something in the nature of the act complained of that attaches it to the official character of the person doing it: cf. 33 Ind Cas...

...provisions of the Maharashtra Rules, 1966. The language of Section 142 of the U.P Zamindari Abolition and Land Reforms Act, 1950 cannot be pressed...notification issued under Section 4 of U.P Act No. 1 of 1951. all rights, title and interest of all the intermediaries in such estates as had vested in the State including.... Bhumidhars are not owners of the land forming subject matter of their Bhumidhari and are merely tenure holders and as disclosed by Section 130 of U.P Act No. 1 of 1951...

...India, as it would be noticed that the language used in that Article and in Section 80 of the Act of 1951 is almost identical, with this difference only that the article is preceded by the...People Act, 1951 (for brevity, ‘the Act of 1951’). The petitioner assails the rejection of his nomination on the ground that the defects pointed out by the Returning Officer were of curable nature...the Act of 1951 which states to the effect that the Returning Officer shall permit any inaccurate description or clerical, technical or printing error in the nomination or electoral roll to be...

...some of the provisions of the Madhya Pradesh Abolition of Proprietory Rights (Estates Mahals, Alienated Lands) Act, 1951 (1 of 1951). One of the contentions advanced on behalf...applicability to him of Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (Madhya Pradesh Act 1 of 1951), meant to provide for the...AIR 1952 SC 369. In that case Section 2 of the Supreme Court Advocates Act, 1951 provided that notwithstanding...

...329(b) of the Constitution of India, as it would be noticed that the language used in that Article and in Section 80 of the Act of 1951 is almost identical, with this difference only that the..., taking note of the fact that one of the grounds for challenging an election under Section 100 of the Representation of the People Act, 1951 (for brevity, ‘the Act of 1951’), was the improper..., which is to be an independent body, at the stage when the matter is brought up before it.”12. With regard to the argument that the Act of 1951 cannot bar the jurisdiction of the High...

...“acting or purporting to act” in the discharge of his official duty is merely of a language and not of substance. 51. On the issue as to whether the court or the competent authority...analyse the evidence and other material produced with the charge-sheet for considering the fact as to whether the officials had committed the act in good faith in discharge of their official duty...Act authorising the Central Government as well as the Governor of the State to declare, by way of notification in the Official Gazette, the whole or part of the State as disturbed area...

...fact that one of the grounds for challenging an election under Section 100 of the Representation of the People Act, 1951 [for brevity, ‘the Act of 1951’], was the improper rejection of a nomination paper...it.”With regard to the argument that the Act of 1951 cannot bar the jurisdiction of the High Court under Article 226 of the Constitution, the Supreme Court...held that such an argument was completely shut out by reading the Act along with Article 329(b) of the Constitution of India, as it would be noticed that the language used...

...discharge of official duty as well as in dereliction of it. The section has content and its language must be given meaning. The Courts have to concentrate on the word ‘offence’ in the section. An...Assistant Government Pleader, contended that the impugned acts had no connection or nexus with the official duty which was assigned to the three accused and, therefore, their act of wrongfully confining...not be strictly justifiable by law.”11. It would, therefore, be clear that s. 99, Penal Code, would countenance an act of an official if done in good faith even if it is not strictly...

...with the provisions contained in Section 117 of the Representation of People Act, 1951 (for short, the 1951 Act...Court that section 117 of the 1951 act is only directory and not mandatory and that the deposit of Rs. 2000/- is only to secure the costs in the course of the trial of the election petition. The...provision, the Court opined, of the deposit of the security along with the election petition as required under section 117 of the 1951 act leaves no option with the court but to reject the election petition...

...similarity between the language used in Clause (3) of Article 348 of the Constitution of India and Section 5 of the Official Languages Act, 1963. A Division Bench of Allahabad High...Official Gazette on 07.04.2016 Section 194 of the Act of 2016 repeals the U.P Panchayat Raj Act, 1947, as far as its application in the State of Uttarakhand is concerned. It reads as under...Authority of the Governor of the State in the official Gazette of that State shall be deemed to be “the authoritative text thereof in the English language under this Article.”19. Under...

...section 83(1) of the Representation of the People Act, 1951 (hereinafter called the Act). The 2nd Respondent also filed his counter on 15-9-1962 in which he supported the charges made...election agent and that various voters voted twice contrary to law. A copy of the petition was published in the official gazette of the State on 17-5-1962 and the petition was referred to the 1st...Election Tribunal.— (1) If the petition is not dismissed under section 85, the Election Commission shall cause a copy thereof to be published in the Official Gazette and a copy to be served by post on...

..., Gujarat Municipalities Act, 1963 and the Representation of the People Act of 1950 or 1951. Finally he submitted that in view of the two earlier decisions of the Division Benches of this...nominated by the local authority and the State Government. Under section 59, the State Government may, by notification in the official Gazette, make rules, either generally or specially for any market...arguments advanced by Mr Patel appears to be attractive, however, in substance, devoid of any merit. Having regard to the language and terminology of Rule 28 of the Rules, we are...

..., as “the official capacity is involved in the very act complained of as amounting to a crime”, but that no sanction was required for a charge under S. 409 because“the official capacity..., Lord Simonds observed:“A public servant can only be said to act or to purport to act in the discharge of his official duty if his act is such as to he within the scope of his official...requires sanction for prosecution under Section 197(1) of the Cr PC; nor even every act done by him while he is actually engaged in the performance of his official duties; but if the act complained...

...acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction ­ (a) in the case of a person who is...the act of the Petitioners which should be in the discharge of their official duties and the employment of the Petitioners, which should be for the affairs of the State. 26. The...offence can never be an official duty. The words as used in the Section are not "in respect of any official duty" but "in respect of any act done or purporting to be done in the execution of his duty". The...

...have to examine so much as the act, because an official act can be performed in the discharge of official duty as well as in dereliction of it. The section has content and its language must be given...been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction.(a) in...must be related in some manner with the discharge of official duty. No question of sanction can arise under S. 197 unless the act complained of is an offence; the only point to determine is whether it...

...existing malady. 16. The object and purpose of a legislation assume greater relevance if language of the law is obscure and ambiguous. In...Dental Council of India V. Hari Prakash at para-7 page 69 it was held that the intention of the legislature is primarily to be gathered from the language used in the Statute...Legislature enacting it. The intention of the Legislature is primarily to be gathered from the language used, which means that attention should be paid to what has been said as also to what has not been said...

...G.P Mathur, J.— This appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as “the Act”) has been preferred by the returned candidate Ram Phal...Article 324 of the Constitution read with Section 29-A of the Representation of the People Act, 1951 and Rules 5 and 10 of the Conduct of Elections Rules, 1961 and all other...Constitution, Representation of the People Act, 1951 and the Election Symbols (Reservation and Allotment) Order, 1968 and the pronouncements of the Hon'ble Supreme Court, particularly the...

...) of Representation of People Act, 1951 (hereinafter referred to as " 1951 Act") for dismissal of election petition for non-compliance of Sections 81(3) and 86(1) of 1951...Section 123 (3A) of the Representation of the People Act, 1951 (hereinafter referred to as the Act). He as well as his party openly before the public officers and election officers were...(3A), 123(7), 135A, 100(1)(d)(ii) and (iv) of 1951 Act. It is also said that there is violation of Rule 55C of Conduct of Election Rules 1961. 10...

...ensure payment of stamp duty (1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, direct that any State Government Department...with reference to the language of the provision itself. It refers to any such instrument. That would necessarily mean instruments described in Section 30A(1). As stated above, only those instruments...be required to adjudicate upon what is the proper stamp duty to be paid, it is submitted that the language of Section 3 itself clarifies that the proper stamp duty is the duty of the amount indicated...

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