1961 under the law then in force, unless such tenants had in their possession land in excess of the ceiling area. This order has been issued for convenience in order to enable the very large number of illiterate and uneducated voters to identify the political affiliations of the candidates for election; and to show which of the candidates are eligible for the reserved seat; but the said order cannot affect the nature of the election nor does it purport to do so. 33 may withdraw his candidature under s.
no doubt that in the case of double-member constituencies recognised political parties usually adopt two candidates, one for the general seat and the other for the reserved seat; and it does appear that under the relevant statutory order issued by the Election Commission the symbol reserved for the party is allotted to both such candidates with the only difference that the symbol allotted to the scheduled caste or the scheduled tribe candidate of the party is the particular symbol enclosed within a thick black circle.
As the warrant of authorization under Section 132, which is required to be founded on a reasonable belief of the authorized official regarding the existence of the conditions precedent to the exercise of the power to issue the same, has been interdicted under Article 226 of the Constitution, the ambit of the power of the High Court to do so may be noticed at the outset. State of West Bengal , (1973) 3 SCC 753.
200, and thereafter sending it for enquiry and report under S. The Tribunal has not gone into the merits of the allegations levelled against the respondents The statement of objects and reasons of the enactment i. It seems to me clear, however, that before it can be said that any Magistrate has taken cognizance of any offence under S. 2013 of SEBI in having debarred the respondents for a period of ten years came to be set aside on the sole ground that SEBI lacked jurisdiction.
In fact, in regard to a double-member constituency election recognises no compartments at all; it is one general election with reservation of seats; that is all. , ordering investigation under Section 156(3), or issuing a search warrant for the purpose of the investigation, he cannot be said to have taken cognizance of the offence. This decision thus is of no determinative relevance vis-a-vis the issues involved in the present appeal. (Underlining added) The same view was reiterated by this Supreme Court of India in Jamuna Singh , (1964) 5 SCR 37 and Nirmaljit Singh Hoon vs.
Conferment of fixity of tenure on the tenants as well as the limited right of resumption to the landlords are also the noticeable features of the enactment with the emphasis that the right of resumption would not be available against tenants, who were entitled to fixity of tenure immediately prior to 21. Ravinder Kumar, as referred to in the impugned judgment, was reversed by this Supreme Court of India in Civil Appeal No. , he must not only have applied his mind to the contents of the petition, but he must have done so for the purpose of proceeding in a particular way as indicated in the subsequent provisions of this Chapter,” proceeding under S.
The legislative backdrop of the Act 1963 portrays, that it was amongst others preceded by the Kerala Agrarian Relations Act 1960 (hereinafter referred to as Act 1960) which sought to introduce comprehensive land reforms in the State of Kerala and did receive the assent of the President on 21. At the risk of repetition we wish to make it very clear that whatever factual matters we have noted, as well as those allegations levelled against the respondents by SEBI we have not expressed any opinion as to the correctness or otherwise of those factors or allegations.
When the Magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this Chapter, but for taking action of some other kind, e. As the scheme of Act 1963 would dominantly demonstrate, the statutory endeavour has been to strike a fair and equitable balance of various interests to be impacted thereby so as to facilitate smooth implementation thereof, without casting undue financial burden on the State.
Similarly a candidate who has made the prescribed declaration under s. Those factors and allegations have been taken note of only for the purpose of deciding the question as to the jurisdiction claimed by SEBI for proceeding against the respondents. 37 which would mean that he is no longer contesting any seat in the 441 constituency; but that again cannot justify the inference that his candidature was in regard to a reserved seat for which election was separately intended to be held.
Act 1963 disclose that this Supreme Court of India had declared unconstitutional the Act 1960 in its application to ryotwari lands of Hosdurg and Kasargod Taluks, whereafter eventually the Act 1963 was enacted to provide an uniform legislation in the State, by keeping in view the broad objectives of land reforms as laid down by the Planning Commission and the basic objectives of the Act 1960. When we consider the above respective submissions, we are convinced that the stand of the appellant that having regard to the statutory prescription under the SEBI Act, 1992, SCR Act, 1956, 2000 Regulations, 1993 Scheme as well as 2003 Regulations is well justified.
Having regard to the nature of the allegations against the respondents, it possess every jurisdiction to proceed against the respondents. In fact, by the majority view of the impugned order, the order dated 20. What is taking cognizance has not been defined in the Criminal Procedure Code and I have no desire now to attempt to define it. The issues that arise in the present appeal lie within a short circumference.
190(1)(a), Criminal P. nOn the other hand according to the respondents, since cradle to grave GDRs are dealt with outside the country in the global market, SEBI lacks jurisdiction in proceeding against the respondents. Though noticeably, the decision rendered in LPA(SW) 212/2006; Union of India and Others vs. 1837/2009, we are of the respectful view that the same cannot be construed to be a ruling relating to the essentiality of recording of reasons by the Medical Board as mandated by the Regulations, Rules and the Guiding Principles.