Supreme Court of India

Dewan Joynal Abedin v. Abdul Wazed Alias Abdul Wazad Miah and Two Others.

Neutral citation
Reported as [1988] 2 S.C.R. 370
Bench E.S. Venkataramiah and K.N. Singh JJ.
Decided 15 December 1987

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the Ist respondent was not holding an office of profit when he was a lessee under the Ferries Act just like an Excise contractor or a fair price shop dealer who sells grains supplied by Government is not such a holder of office of profit.

Judgment, page 18

From the headnote

Representation of the People Act, 1951: Section 9- -Elec­ tion-Disqualification on account of Government contract-Lease of ferry tolls under Sec. 8 of Northern India Ferries Act, 1878-Whether such contract an agreement for execution of works-Whether amounts to office of profit. Northern India Ferries Act, 1878: Section 8-'Contractor'­ Acquiring lease under Act-Nature of contract-Whether a works contract-Whether contractor holds 'office of profit'-Whether disen­ titled under the Representation of the People Act to stand for and contest an election to the House of People or the State Assembly.

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