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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Mumbai
..... for by or under any law made by the legislature of s state. 5. there is no dispute that the writ petition was moved only to challenge the election of the appellant to municipal council, ferozepur city. instead of challenging the said election by an election petition under section 74 of the punjab state election commission act, 1994 respondents 1 to 13 took a short ..... control of the preparation of electoral rolls for, and the conduct of, all elections to the municipal councils shall be vested in the state election commissioner. by section 10aa, the state election commissioner is powered to issue directions to prevent impersonation. preparation of list of voters is dealt with by section 11 and section 12 reads as under:- 12. (1) every person whose ..... strength of such parties or groups in the council, after consulting leader of each of such parties or groups: provided that, nothing containing in this rule shall be construed as preventing the collector from nominating any member not belonging to any such party or group: provided further that, every endeavour shall be made to ensure that one councillor each possessing any ..... it is alleged was not received by him. the speaker of the legislative assembly on july 3, 1952 brought the aforesaid communication of the election commission to the notice of the respondent. as a question arose as to the respondent's disqualification the speaker referred the matter to the governor of madras, who in turn forwarded the case to the election commission .....Tag this Judgment!
Court : Mumbai Nagpur
..... . if the prosecution ends in a conviction and sentence of the accused, it could be regarded as an offence involving moral turpitude, disqualification for elective posts or offices under the state or the union or elections to any local body, legislature or the parliament." "15. as soon as the finding is recorded by the scrutiny committee holding that the certificate obtained was false ..... the scrutiny committee. merely because the caste certificate was obtained prior to coming into force of the said act, the consequences provided under section 10 cannot be prevented. 29. in case of appointment secured in public employment after coming into force of the said act by producing a false caste certificate, the provision of sub-section (1) of section 10 shall come into ..... which is a feature of americal jurisprudence is an exception to the normal principle of law, was imported and applied for the first time in l.c. golak nath v. state of punjab (air 1967 sc 1643). in managing director, ecil v. b. karunakar [(1993) 4 scc 727] the view was adopted. prospective overruling is a part of the principles of constitutional ..... belonging to caste "koshti" or "halba koshti". 59. the government resolutions dated 15-6-1995 and 30-6-2004 fell for consideration of the apex court in the case of punjab national bank v. vilas bokade and another, reported in (2008) 14 scc 545. the decision was rendered by the division bench of the apex court concerning of m/s. h .....Tag this Judgment!