Court : Supreme Court of India
Decided on : Oct-29-1991
Reported in : AIR1992SC320; JT1991(6)SC184; 1991(2)SCALE844; (1991)4SCC699; Supp2SCR1
..... a consequence of certain acts, and the decision of his claim is dependent on the adjudication of a dispute covered by article 262 or article 363. he does not have a legal remedy before the courts. similarly a member of parliament or of a state legislature who may have a ..... ii) the government has considerable control not only on the ultimate result of the proceedings but also on parliamentary time which enables them to prevent motions for an address from being adopted if it suits them.(iii) the legislative procedure is not adequate for adjudicative fact-finding; and(iv ..... 5. certain allegations of financial improprieties and irregularities were made against justice v. ramaswami, when he was the chief justice of the high court of punjab & haryana. there were certain audit reports concerning certain items of purchases and other expenditure. the then chief justice of india, justice sabyasachi mukharji, ..... constitution of the two houses of the parliament and the legislatures of the states, the people of the country are involved more directly, through process of election and any dispute arising therefrom is finally settled judicially. when it comes to a disqualification of a sitting member, the matter is dealt with ..... commission consisting of mr. justice ivan c. rand, a retired judge of the supreme court of canada was appointed under the inquiries act r.s.c. 1952 c. 154 to conduct an enquiry. after considering the report of the said commission, a joint committee of the houses recommended removal .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-16-1991
Reported in : AIR1992AP19; 1991(3)ALT173
..... force in the andhra and telangana regions of the state of andhra pradesh. the antthra pradesh (andhra area) co-operative societies act, 1932, the andhra pradesh(andhra area) co-operative land mortgage act, 1934 and the andhra pradesh (telangana area) co-operative societies act, 1952 were repealed. by s.2(b) 'committee' ..... in position to contest for any elective office. election even if confined to women inevitably engenders bitterness. presumably realising all these difficulties, the legislature thought that conferring power on the registrar to nominate two women members of the general body to the managing committee would ensure participation of ..... to the directions issued by the registrar in the interest of the co-operative movement or the public interest or in order to prevent the affairs of the society from being conducted in a manner detrimental to the interest of the members or of the depositors or ..... for membership are laid down in s. 19. the disqualifications for membership of a society are specified in s.21. s.21-a specifies the disqualifications for membership of the managing committee. s.21-c whichwas omitted by act 10 of 1991 restricted the term of office of the ..... ruled :'.....the right to form a co-operativesociety under a co-operative societies act is not a fundamental right. it is a right given under the act subject to its provisions and the rules framed thereunder.'in daman singh v. state of punjab, : 3scr580 it was held :'.....there cannot, therefore, be the .....Tag this Judgment!
Court : Chennai
Decided on : Dec-20-1991
Reported in : (1992)2MLJ260
..... no room for doubt. an ordinance promulgated under either of these two articles has the same force and effect as an act of parliament or an act of the state legislature, as the case may be. when once the above conclusion is reached the next question which arises for consideration is ..... wilfully disobeying or wilfully failing to comply with any order or direction issued by the registrar.10. besides the individual liability as to disqualification as a member of the board of the society, in the case of any person who is or was entrusted with the organisation ..... motion or on application of any member of theregistered society, and in the case of a new board which has failed to enter, or prevented from entering, upon office, after giving the members of the said board an opportunity of making their representations, by order appoint a government ..... 19(4) of the constitution.29. there is, however, some observation in the constitution bench judgment of the supreme court in daman singh v. state of punjab : 3scr580 , with respect to a legislation providing for compulsory amalgamation of co-operative societies. the supreme court, however, noticed that article ..... referred to various authorities including the judgments in the case of his holiness kesavananda bharathi v. state of kerala : air1973sc1461 and n.p. ponnuswami v. returning officer, namakkal constituency and ors. : 1scr218 , to state that democratic set-up was part of the basic structure of the constitution democracy postulates that .....Tag this Judgment!