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1 - 10 of 86 (0.38 seconds)Article 136 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Section 41 in U.P. Urban Planning and Development Act, 1973 [Entire Act]
Section 3 in U.P. Urban Planning and Development Act, 1973 [Entire Act]
U.P. Urban Planning and Development Act, 1973
The Industrial Disputes Act, 1947
Article 324 in Constitution of India [Constitution]
Durga Shankar Mehta vs Thakur Raghuraj Singh And Others on 19 May, 1954
37. There is thus a lis between two groups of the Conference. The Commission is undoubtedly the specified and exclusive adjudicating authority of this lis. The Commission is created by the Constitution and the power to adjudicate the dispute flows from Article 324 as well as from Rule 5 and is thus conferred under the law as a fraction of judicial power of the State. The Commission has prescribed its own procedure in the Symbols Order, namely, to give a hearing to the parties when there is a dispute with regard to recognition or regarding choice of symbols. Para 15 of the Symbols Order makes specific reference to the procedure to be adopted by the Commission in hearing like disputes and it is required to take into account all the available facts and circumstances of the case and to hear such representatives of the sections or the groups and other persons as desire to be heard. The decision of the Commission under para 15 shall be binding on all rival sections or groups in the party. The Commission has followed, and if we may say so, rightly, this very procedure laid down in para 15 in adjudicating the present dispute although the same may not be a dispute contemplated under this paragraph. The dispute with which the Commission was concerned in the present case was a dispute of more serious nature than that which may be envisaged between two rival sections of a political party or between two splinter groups of the same party claiming to be the party, since the respondents' claim, here, was to annihilate the party beyond recognition and for good. When, therefore, the Commission has laid down a reasonable procedure in the Symbols Order in dealing with such a dispute, it was incumbent upon the Commission to choose the same procedure, as, indeed, it actually did, in adjudicating the present dispute. If the Commission were not specially required under the law to resolve this dispute within the framework of the scheme contemplated under Article 324 read with the Rules supplemented by the Symbols Order, the parties would have been required to approach the ordinary courts of law for determination of their legal rights with regard to their recognition or de-recognition. Since, however, a special machinery has been set up under the law relating to this matter and the same has to be decided with promptitude, the State's power of adjudicating such a dispute has been conferred upon the Election Commission in this behalf. It is true that the Election Commission has various administrative functions but that does not mean that while adjudicating a dispute of this special nature it does not exercise the judicial power conferred on it by the State.
M/S. Harinagar Sugar Mills Ltd vs Shyam Sundar Jhunjhunwala And Others on 25 April, 1961
98. But then is the Speaker or the Chairman acting under Paragraph 6(1) a Tribunal? "All tribunals are not courts, though all courts are tribunals". The word "courts" is used to designate those tribunals which are set up in an organised State for the Administration of Justice. By Administration of Justice is meant the exercise of judicial power of the State to maintain and uphold rights and to punish "wrongs". Whenever there is an infringement of a right or an injury, the courts are there to restore the vinculum juris, which is disturbed. (See Harinagar Sugar Mills Ltd. v. Shyam Sundar Jhunjhunwala [(1962) 2 SCR 339 : AIR 1961 SC 1669 : (1961) 31 Comp Cas 387] ). In that case Hidayatullah, J. said: (SCR p. 362)
"... By ''courts' is meant courts of civil judicature and by ''tribunals', those bodies of men who are appointed to decide controversies arising under certain special laws. Among the powers of the State is included the power to decide such controversies. This is undoubtedly one of the attributes of the State, and is aptly called the judicial power of the State. In the exercise of this power, a clear division is thus noticeable. Broadly speaking, certain special matters go before tribunals, and the residue goes before the ordinary courts of civil judicature. Their procedures may differ but the functions are not essentially different. What distinguishes them has never been successfully established. Lord Stamp said that the real distinction is that the courts have ''an air of detachment'. But this is more a matter of age and tradition and is not of the essence. Many tribunals, in recent years, have acquitted themselves so well and with such detachment as to make this test insufficient."