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Judgment Search Results Home > Cases Phrase: the punjab state legislature prevention of disqualification act 1952 Court: mumbai Page 2 of about 17 results (0.025 seconds)

Feb 14 2014 (HC)

Smt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...

Court : Mumbai

..... act, 1935. the question of repugnancy between a law made by a provincial legislature before the constitution and a law made by parliament cannot, therefore, be decided under article 254 of the constitution. . (emphasis supplied) 20. in the case of soma singh vs. state of pepsu (air (1954) sc 311) , the supreme court was called upon to decide whether patiala and east punjab states ..... till date would be rendered illegal, as in the meantime number of courts martial have already been held and conducted under the assumption that there was no such disqualification. apprehensions were expressed that the floodgate of new litigations will open which ultimately is likely to not only weaken the discipline in the armed forces but also result ..... would result in unnecessary chaos and confusion. such apprehensions, however, can be allayed by resort to 'de facto doctrine' which is born of necessity and public policy to prevent needless confusion and endless mischief. 44. apprehensions similar to the aforesaid were expressed before the division bench of this court in the case of mahendrapanmal duggad jain (supra), where ..... at the time the constitution came into force was continued as the legislature of the state till 1952. this argument is without substance. in our view, all that the expression "state act" means is an act passed by the legislature of a state after the coming into force of the constitution, which legislature is either established by the constitution, or continued by the constitution, .....

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Feb 14 2014 (HC)

Smt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...

Court : Mumbai

..... act, 1935. the question of repugnancy between a law made by a provincial legislature before the constitution and a law made by parliament cannot, therefore, be decided under article 254 of the constitution. . (emphasis supplied) 20. in the case of soma singh vs. state of pepsu (air (1954) sc 311) , the supreme court was called upon to decide whether patiala and east punjab states ..... till date would be rendered illegal, as in the meantime number of courts martial have already been held and conducted under the assumption that there was no such disqualification. apprehensions were expressed that the floodgate of new litigations will open which ultimately is likely to not only weaken the discipline in the armed forces but also result ..... would result in unnecessary chaos and confusion. such apprehensions, however, can be allayed by resort to 'de facto doctrine' which is born of necessity and public policy to prevent needless confusion and endless mischief. 44. apprehensions similar to the aforesaid were expressed before the division bench of this court in the case of mahendrapanmal duggad jain (supra), where ..... at the time the constitution came into force was continued as the legislature of the state till 1952. this argument is without substance. in our view, all that the expression "state act" means is an act passed by the legislature of a state after the coming into force of the constitution, which legislature is either established by the constitution, or continued by the constitution, .....

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Mar 20 1974 (HC)

Baldevdas R. Raheja Vs. the Union of India (Uoi)

Court : Mumbai

Reported in : (1977)79BOMLR581

..... learned counsel for the petitioners on that contention that the company law board had overlooked the provisions of the company law, particularly sections 203 and 274, regarding the antecedents or disqualifications of directors, has no substance and cannot stand.125. the second circumstance alleged not to have been taken into consideration by the company law board is the record of the ..... proposed take over of its mill under section 18a.105. the next decision cited is in the case of shadi lal v. state of punjab : (1973)illj435sc . that was a case under the punjab civil services (punishment and appeal) rules, 1952. rule 8 provided that no order under rule 4 shall be passed imposing a penalty on a government servant unless he had been ..... oppression or mismanagement in future or to see that the affairs of the company are not being conducted in a manner prejudicial to public interest. in other words, whenever the legislature wanted to do so it has made a distinction between powers conferred on the government (vide section 408) and powers conferred on the court (vide section 402) while dealing with ..... powers;...74. these observations clearly support the view that the powers of the government under section 408 of the companies act are of an urgent and emergent nature enabling the government, under certain circumstances, to step into the company's administration to prevent oppression of members or in the interests of the shareholders, the company and the public. therefore, looking to the .....

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Jul 30 2009 (HC)

Shri M.B. Motwani Vs. Uco Bank, Formerly Known as United Commercial Ba ...

Court : Mumbai

Reported in : 2009(111)BomLR3003; 2009(6)MhLj660

..... dated 3rd march, 1993, the disciplinary authority awarded penalty for each of the articles of charges levelled against the petitioner stating that the same has been proved and an order of dismissal for each of the charges would ordinarily act as a disqualification for future employment. the order of dismissal of the petitioner reads as under:exhibit z4uco bankpersonnel department head office12, ..... the authorities. the resignation if given would not take effect unless specifically accepted by the authority. this is a limitation imposed on an officer against whom disciplinary proceedings are pending preventing him from resigning from service. in the present case, no order of suspension had been passed against the petitioner till 15th july 1991 and no charge sheet had been ..... , prima facie, holding that the appellant therein had made out a case for grant of stay of further disciplinary proceedings observed as under:7. the relevant applicable regulations are the punjab national bank (officers) service regulations 1979 (regulations). regulation 20(3) (ii) and (iii) which are relevant for the present purpose reads as under : 20(3)(ii) disciplinary proceedings ..... 1976 regulations when a legal fiction is created, although it is required to be taken to the logical conclusion see east end dwellings co ltd v. finsbury borough council 1952 ac 109, but the same would not mean that the effect thereof would be extended so as to transgress the scope and purport for which it is created.xxxxx xxxxx .....

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Apr 02 2002 (HC)

Shahinara Salim Baig Vs. B.M.C. and ors.

Court : Mumbai

Reported in : 2002(3)ALLMR368; 2002(5)BomCR128; 2002(2)MhLj940

..... such decision he has to either confirm the declaration granted or to disqualify the candidate. it is beyond the pale of doubt that the legislature does not contemplate any disqualification of the elected candidate at an interlocutory or interim stage on the basis of mere averments in the election petition or even affidavits. a ..... had committed serious error of law in dismissing the notice mainly on the ground that there was no provision in the act to grant any interim orders preventing the elected councillors from functioning as such. shri vashi further pointed out that though there was no such provision in the ..... defined limits and we cannot encroach upon the legislative field. if the election petitions do not get disposed of early it would be for the legislature and the state government to consider and not for this court. the petitioner's remedy would lie somewhere else and certainly not here.8-a. considering the ..... conferred a right of appeal. after referring to the judgment of lord denning in r. v. northumber land compensation appeal tribunal, exparte shaw, 1952 (1) all er 122this court in chandavarkar sita ratna rao v. ashalata s. gurnam, : [1986]3scr866 held:--'it is true that in ..... or for that matter it does not specifically vest with powers and jurisdiction which the legislature has otherwise not conferred on the court. i am in respectful agreement with the decision of the learned single judge of the punjab and haryana court, in the case of nirmal singh v. the joint registrar, co .....

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Feb 28 1995 (HC)

Gtc Industries Ltd. Vs. Assistant Commissioner of Income-tax.

Court : Mumbai

Reported in : (1998)60TTJ(Mumbai)308

..... ), wherein it was held that mere possibility of bias is not enough to disqualify director (audit) to function as adjudicating officer-strong probability required for disqualification when institutional bias alleged. this judgment was rendered in the context of reward scheme.in the case of itc ltd. v. union of india (supra ..... '.it was submitted that the section does not provide for cross-examination. had it been the intention of legislature to provide for cross-examination in all cases, it would have expressly stated so in this provision and would not have used the words 'an opportunity of being heard'.without prejudice ..... a third element was introduced, namely of procedural reasonableness because the main objective of the requirement of rule of natural justice is to promote justice and prevent its miscarriage.'103. in the case of mahendra electricals ltd. v. union of india & anr. (supra), it was held that :'the opportunity ..... accounts from associates also support the view that the secret accounts belongs to the assessee.(ix) the address of the account of moonlight finances given to punjab and sind bank, scindia house branch, new delhi, which is b-72, himalaya house, 7th floor, 23, kasturba marg, new delhi (c.a ..... his vakalat on behalf of the opposite parties in proceedings under s. 145, cr pc on 23rd august, 1952 and had in fact argued the case on that date. the appellant had acted as a pleader for applicants in s. 145 proceedings out of which the misconduct proceedings arose'.73. reading .....

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Feb 28 1995 (TRI)

Gtc Industries Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1998)65ITD380(Mum.)

..... was held that mere possibility of bias is not enough to disqualify director (audit) to function as adjudicating officer - strong probability required for disqualification when institutional bias alleged. this judgment was rendered in the context of reward scheme. ordinarily an authority is disqualified from adjudicating whenever circumstance points ..... it was submitted that the section does not provide for cross-examination. had it been the intention of legislature to provide for cross-examination in all cases, it would have expressly stated so in this provision and would not have used the words "an opportunity of being heard.without ..... element was introduced, namely of procedural reasonableness because the main objective of the requirement of rule of natural justice is to promote justice and prevent its miscarriage.102. in the case of mahendra eleclricals ltd. (supra), it was held that: the opportunity to cross-examine the witness ..... from associates also support the view that the 'secret accounts' belongs to the assessee. (ix) the address of the account of moonlight finances given to punjab & sind bank, scindia house branch, new delhi, which is b-72, himalaya house, 7th floor, 23, kasturba gandhi marg, new delhi (c. ..... on behalf of the opposite parties in proceedings under section 145, criminal p.c. on 23-8-1952 and had in fact argued the case on that date. the appellant had acted as a pleader for applicants in section 145 proceedings out of which the misconduct proceedings arose.73. .....

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