Court : Karnataka
Decided on : Sep-07-1990
Reported in : ILR1990KAR3256; 1990(3)KarLJ234
..... warrangal.'15. in the case of ravanna subbanna v. g.s. kaggeerappa the supreme court has stated thus in para-13:-'13. the high court in deciding this point against the appellant laid great stress upon the provision of section 2 of the mysore legislature (prevention of disqualifications) act, 1951 which lays down that -'a person shall not be disqualified for being chosen and for ..... being a member of the mysore legislature by reason only of the fact that he holds any of the offices of profit specified in the ..... question whether a person holding the office of the chairman of the panchayat samiti under the panchayat samitis and zilla parishads act, 1961 and who was being paid a consolidated allowance of rs. 100/- per mensum in accordance with the punjab panchayat samithis and zilla parishads non-official members (payment of allowances) rules, held he did not hold an office of ..... profit, the payment being a compensation for out-of-pocket expenses. this judgment was affirmed by the supreme court : 1scr421 , s. umrao singh's case].17. in view of these decisions and considering the relevant provisions of the act .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-19-1990
Reported in : AIR1991P& H149; (1991)99PLR237
..... panchayat act, 1952 (section 9), the term of the office of the panches/ sarpanches has been specified as also a power of removal by vote of no-confidence has been conferred. even in punjab municipal act, 1911 (sections 21 and 22), the tenure has been fixed and a power of removal by a vote of no-confidence has been specified. if the same legislature for ..... ) is declared insolvent; (d) becomes of unsound mind; (e) is convicted of an offence involving dishonesty or moral turpitude; or (f) becomes subject to any disqualification which would have prevented him from seekingelection, had he incurred that disqualification before election.' 10. mr. b. s. khoji, learned counsel for the writ-petitioner, contended that the tenure of the term of office of the president ..... , but does not provide for thetenure of the office-bearers. prior to the promulgation of the haryana act, the cooperative societies in haryana were governed by the punjab act, as applicable to harayana. by act no. 36 of 1976, the haryana state had added s. 26(7) to the punjab act, fixing the tenure of the chairman, vice-chairman and other office-bearers of the committee to ..... to which the co-operative society is a party except in transactions made with the co-operative society as a member in accordance with the object of the society as stated in the bye-laws; (c) he has at any time during a period of one year prior to the date of scrutiny of nomination papers, engaged in any private business .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-04-1990
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; Supp1SCR142; 1991(1)SLJ56(SC)
..... so as to sacrifice the principle of natural justice which are considered as essential part of rule of law. in amritsar municipality v. state of punjab : 3scr447 the court ascertained the intention of the legislature and interpreted the act consistent with the said intention. sunil batra v. delhi admn. : 1978crilj1741 is also a decision where it was found that the intention ..... to continue in office till he attains the age of superannuation as per rules or is dismissed or removed from service for inefficiency, misconduct or negligence or any other disqualification in accordance with the procedure prescribed in the rules, and fair and reasonable opportunity of being heard or on compulsory retirement or in certain circumstances, subject to the conditions ..... authority. any action taken without any modicum of reasonable procedure and prior opportunity always generates an unquenchable feeling that unfair treatment was meted out to the aggrieved employee. to prevent miscarriage of justice or to arrest a nursing grievance that arbitrary, whimsical or capricious action was taken behind the back of an employee without opportunity, the law must provide ..... r. tendolkar and ors. : 1scr279 to support the above theory is also according to me not correct. as has been pointed out there, the commission of inquiry act, 1952, the validity of which was challenged on the ground of unguided powers to, institute inquiries, was not violative of article 14 because the long title and section 3 of the .....Tag this Judgment!
Court : Delhi
Decided on : Nov-15-1990
Reported in : ILR1991Delhi544
..... no. 3 cannot be ruled out. in such a case, especially in the absence of any inherent disqualification, it cannot beside that the nomination. of respondent no. 3 is null and void. a writ of ..... that it is not itself the nominating authority. (20) it is apparent from the above discussion that the legislature has consciously devised and prescribed a complete machinery for nominating the 'other members' from among the categories referred ..... group of newspapers under the same control of management is nominated. the intention could well be to prevent undue weight or influence of any particular body in the exercise of powers and' functions of the council. ..... relevant facts. they are the ones who have suppressed ;and misrepresented the same. a full bench of punjab and haryana high court in charanjilal v. financial commissioner, haryana air 1978 p&h; 326, (5 ..... otherwise of any objection with regard to any name forwarded by the recognized bodies. it has been stated, however, that the chairman and the secretariat may interfere and indeed 40 interfere, when there is ..... restriction imposed by the second proviso, with which we are concerned. (25) while section 5 of the act envisages that all interested sections of society are adequately represented as members, the second proviso ensures that under ..... ., dare house madras v. commercial employees association, madras and another, : (1952)illj769sc and g. veerappa pillai, proprietor, sathi was bus service, porayar, tenjore district, madras v. raman and .....Tag this Judgment!