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Judgment Search Results Home > Cases Phrase: the punjab state legislature prevention of disqualification act 1952 Court: mumbai Page 1 of about 17 results (0.026 seconds)

Jan 22 2009 (HC)

Adv. Aires Rodrigues Vs. the State of Goa by Its Chief Secretary and o ...

Court : Mumbai

Reported in : 2009(111)BomLR737

..... an ordinance, the punjab parliament secretaries salary, allowances and privileges ordinance, 2002.15. all these laws were enacted by the competent ..... and miscellaneous provisions) act, 2004 and even reference can be made to the following legislations:1. the arunachal pradesh parliamentary secretaries (appointment, salaries, allowances and miscellaneous provisions) ordinance, 2007.2. the parliamentary secretary (payment of special allowance and prevention of disqualification) act, 1971. (pondicherry). 223. the west bengal legislature (removal of disqualifications) act, 1952.what to talk of these states in india, even the government of punjab, pakistan issued ..... legislatures to provide methodology for appointment and grant of salary allowances and perks to the `parliamentary secretaries'. for example, the .....

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Jul 29 2002 (HC)

Narsingrao Gurunath Patil and ors. Vs. Arun Gujarathi, Speaker and ors ...

Court : Mumbai

Reported in : 2003(1)BomCR363

..... calling upon him to produce the requisite proof regarding split in the original political party janata dal (s) and split in the legislature party within two days. on 6th june, 2002 dada jadhavrao filed disqualification petition before the speaker stating that the petitioner has not even claimed that there was a split in the janata dal (s) i.e. the original ..... challenge to the constitutional validity observed: (at page 277): 'the purpose in enacting the fifty-second amendment, therefore, was not only to stabilise the legally elected governments and to prevent the political immorality and corruption, but also to make them effective. if the provision is read down, as suggested, the main purpose of the amendment would be defeated. the ..... hearing was even worse and flagrant violation of natural justice. the speaker did not allow examination in chief of the petitioners nor allowed any witnesses to be produced. he prevented the advocates for the petitioners from properly cross-examining the witnesses produced by the applicant. he did not give sufficient time to the advocates for the petitioners to make ..... madhya pradesh, punjab, rajasthan, uttar pradesh and west bengal, 116 were included in the councils of ministers which they help to bring into being by defections. the other disturbing features of this phenomenon were multiple acts of defections by the same person or set of persons (haryana affording a conspicuous example) few resignations of the membership of legislature or explanations by .....

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Dec 16 1975 (HC)

Bhaskar Atmaram Joshi Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1976Bom206; 1976MhLJ229

..... (cit. supra) the phraseology 'absented himself' cannot be equated with 'remained absent' or 'was not present'. if the legislature wanted that mere absence or non-presence should amount to disqualification, then, it could have used such a phraseology. if the construction as put up by the learned counsel for the municipal ..... councillor is prevented from attending the meetings for the reasons beyond his control. it is not possible for us to put up such a construction on the provisions of section 36 of the act.9. it cannot be forgotten that section 36 of the act deals with the disqualification. normally a ..... from attending the meetings. in support of this proposition shri vaidya has relied upon the decisions of the supreme court in k. ananda nambiar v. state of punjab, : 1966crilj586 and burn and co. v. their employees, : (1957)illj226sc . in our opinion, there is no substance in these contentions.6 ..... question. in k. ananda nambiar v. state of punjab, : 1966crilj586 (cit. supra) the supreme court had an occasion to consider the question as to whether a member of the parliament or the legislature has a right to participate in the business of the legislature to which he belongs, even if he ..... from all the meetings of the standing committee during two consecutive months. the expression used is not 'absent' or 'remained absent', but the legislature has used the words 'absents himself'.4. this phraseology used in this very section came for consideration before the nagpur high court in wamanrao .....

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Jun 30 1998 (HC)

Kadam Rupsing Bhivji Vs. Returning Officer, Municipal Council, Ahmedna ...

Court : Mumbai

Reported in : AIR1998Bom314; 1998(4)ALLMR162; 1998(4)BomCR786; (1998)3BOMLR106; 1998(3)MhLj293

..... regulation governing the service conditions of the petitioner as an employee of the electricity board.25. in addition as already pointed out, even the maharashtra municipalities act section 16 (1) (g) prescribes that no persons shall be qualified to become a councillor who has been disqualified by or under any law made by the state legislature or by ..... has also referred with the approval to the observations of the calcutta high court in sarafatulla sarkar v. suraj kumar, : air1955cal382 and also another a full bench decision of the punjab and haryana high court in uttam singh v. s. kripal sirigh, .21. in para no. 5 the observations of the chief justice of the calcutta high courthave been quoted with ..... contesting election or taking part in the election, but if he contests or otherwise takes part contrary to the regulation then he exposes himself to a disciplinary action. it has however no effect of invalidating the election. the election cannot be held void on the ground of such disqualification prescribed by the ..... provisions are. it is for the legislature to provide disqualifications having wider or narrower scope and also to provide for time-frame during which disqualification is to operate.'24. thus, in view of the law laid down by the apex court it is crystal clear that the disqualification prescribed in regulation no. 85 (h) 3(n) would not prevent the employee of the board from .....

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Oct 09 2006 (HC)

Mrs. Reshma Rafiq Desai Vs. the State of Maharashtra Through the Princ ...

Court : Mumbai

Reported in : 2006(6)ALLMR459; 2006(6)BomCR690

..... 5(1) would show that this could be on account of death, on account of disqualification which a person may incur and as set out in section 7 of the act. other circumstances are a voluntary act on the part of a president resigning or incurring disability which prevents him from functioning as a president. before this court in hindurao balwant patil and anr ..... be determined on the basis of what is provided by its clear language, with due regard to the scheme of law. observing further, the court stated that scope of the legislation or the intention of the legislature cannot be enlarged when the language of the provision is plain and unambiguous. in other words statutory enactments must ordinarily be construed according to its ..... in the case of jagdev singh v. the registrar, co-operative societies, haryana and ors air 1991 p & h 149 that case is also under the provisions of punjab co-operative societies act. neither rules nor bye-laws provided for the motion of no confidence. the learned full bench relied on the judgment of this court in hindurao v. krishnarao, and the ..... . the issue decided by learned division bench in hindurao also came up for consideration before the full bench of punjab and haryana high court in jagdev singh (supra). the learned bench construing provisions, which are similar provisions like the maharashtra co-operative societies act, placed reliance on the judgment of division bench in hindurao balwant patil (supra) and held that in absence .....

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Nov 21 2011 (HC)

Anil Chhabildas Chaudhari Vs. the State of Maharashtra

Court : Mumbai

..... , is on the count of conviction and sentence of imprisonment to a person, by a court in india, for not less than two years, and the legislature in its wisdom has not contemplated the said disqualification for merely on registration of offences or because of pendency of criminal cases or on the basis of criminal background of the incumbent. in the present ..... compromised in about 10 offences, as pointed out by the learned counsel for the applicants. apart from that, as mentioned herein above, section 16(1)(a) of the act of 1965 contemplates disqualification of the councillor on the conviction and sentence not less than 2 years and not on the count of registration of the criminal offence against the councillor, and as ..... of the case, and the principle underlying the provision of section 389 of the code of criminal procedure, and more particularly, section 16(1)(a) of the act of 1965, in respect of disqualification for becoming a councillor, and also considering rival submissions advanced by the learned counsel for the parties, anxiously, as well as considering the judicial pronouncements cited by the ..... therein is perfectly applicable for the offences under prevention of corruption act, but the instant case is related to indian penal code offences, and it would not be of any aid and assistance to the case of prosecution, whereas judicial pronouncement of the hon. supreme court in the case of navjot singh sidhu vs. state of punjab and another, cited by learned counsel for .....

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Mar 22 2001 (HC)

Mohansingh Tanwani and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR2002Bom39; 2002(1)ALLMR818; 2001(3)BomCR285; 2001(3)MhLj339

..... motor service, tirunelveli, : air1957mad48 . (2) anjar municipality v. j.m. vyas, : air1999guj298 . (3) jyotiben r. pathak v. rafigsa chammansa fakir, : air2000guj129 . (4) r.s. saini v. state of punjab, : (1999)iillj1415sc . 11. by the constitution (74th amendment) act, 1992 part-ixa has been inserted in the constitution relating to municipalities in terms of article 243p to 243zg. article 243u ..... of office of the councillors shall be coterminus with the duration of the council. section 55b provides for disqualifications for continuing as councillor or becoming councillor on removal as president or vice-president and section 44 deals with the disqualification of councillor during his term of office. whereas section 55 deals with removal of president by councillors ..... 309 gives extraordinary powers to the collector, in case of emergency, for execution of certain works, section 310 empowers the director to prevent extravagance in the employment of establishment. section 311 empowers the state government to order an inquiry to be held by any officer appointed by it into any matters concerning the municipal administration or any matters ..... him in accordance with the constitution. article 162 states that subject to the provisions of the constitution the executive power of a state shall extend to the matters with respect to which the legislature of the state has power to make laws. article 163 provides for council of ministers and states that there shall be a council of ministers with .....

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Sep 23 1986 (HC)

Vasanta Tulshiram Bhoyar Vs. State of Maharashtra

Court : Mumbai

Reported in : 1987(1)BomCR668; 1987MhLJ111

..... the commencement date of the amended provisions. in support of his contention. shri patil placed reliance on a decision reported in : 1964crilj310 , sajjan singh v. state of punjab, in which similar situation arose when the prevention of corruption act, 1947 was amended. the accused sajjan singh in that case was put on trial for acquiring disproportionate assets to his known sources of income on ..... though it may equally have a prospective meaning. in queen v. vine, (1875) 10 qb 195 which dealt with the disqualification of persons selling spirits by retail if convicted of felony, the act was applied retrospectively to persons who were convicted before the act came into operation, cockburn, c.j. observed : 'if one could see some reason for thinking that the intention of ..... , (1861) 10 cb ns 179 in the following words : 'those whose duty it is to administer the law very properly guard against giving to an act of parliament a retrospective operation, unless the intention of the legislature that it should be so construed is expressed in clear, plain and unambiguous language; because it manifestly shock one's sense of justice that an ..... abetted by her husband or by such relative of her husband.'the explanation added to s. 113-a evidence act, provided the meaning of 'cruelty' as in s. 498-a, i.p.c. it appears to be clearly the intention of legislature to drawn past instances of cruelty within the a period of seven years from the date of the marriage of .....

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Feb 01 1983 (HC)

The Saraswat Co-operative Bank Limited and ors. Vs. P.G. Koranne and o ...

Court : Mumbai

Reported in : AIR1983Bom317; (1983)85BOMLR134

..... more consideration and, we, therefore, hold that the u. p. co-operative societies act was within the competence of the state legislature. this was also the view taken in nagpur district central co-operative bank ltd. v. divisional joint registrar, co-operative societies : air1971bom365 and sant sadhu singh v. state of punjab .' 18. it was next contended that entries 33 and 33 in list i ..... for being appointed as a director. further, clause 9 of the said scheme provides for the term of office, inter alia, of a workman-director. clause 10 provides for disqualifications of directors and clause 11 provides for vacation of office of director. provisions analogous to these are conspicuously absent in the maharashtra co-operative societies rules, 1961. it is true ..... a social responsibility. such social responsibility of a company or a corporation has been recognised in law and sought to be enforced by appropriate legislation, as for example, in preventing a merger which, would concentrate wealth in the hands of a small group of persons or which would lead to stifling free and fair competition to the detriment of the ..... the appropriate government.'(the emphasis has been supplied by us.) in mohmedalli v. union of india, : (1963)illj536sc , under section 1(3)(b) of the employees' provident funds act, 1952, that act applied to every establishment which was a factory engaged in any industry specified in schedule i and in which twenty or more persons were employed, and to any other establishment .....

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Sep 16 1983 (HC)

Manohar Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1984Bom47

..... tenure of certain officers and provsion similar to those of s. 73-a have been made in the relevant state laws pertaining to co-operative societies in other parts of the country. for instance, in delhi cooperative societies act, 1970, there is a disqualification clause in s. 31(5) ther in it is provided that a person shall be disqualified for election as ..... supreme court in raghubar dayal v. union of india : [1962]3scr547 . in that case, the question related to the validity of some of the provsions of the forward contracts (regulation ) act, 1952 which canalised forward trading in the context of the recognised association. section 6 thereof required a recognised association not to amend its rules except with the previous approval of the ..... committee of any cooperative society after he has served on the committee of that society, whether before or after or partly before and partly after the commencement of the punjab cooperative societies (amendment ) act. 1969 for a continuous period of not less than six years unless a period of not less tan three years has expried since he last so served. thus ..... (5) , there fore,was to prevent the co-operative societies becoming a preserve of a few individuals because for a long time, the same group of persons dominated the co-operative socieities. the reasonable period during which the person could be allowed to continue to hold the office of a designated officer was determined by the legislature at six years, sun-sec .....

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