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Judgment Search Results Home > Cases Phrase: the punjab state legislature prevention of disqualification act 1952 Court: mumbai Year: 2006

Oct 09 2006 (HC)

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

Court : Mumbai

Decided on : Oct-09-2006

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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