Court : Punjab and Haryana
Decided on : Jul-28-1999
Reported in : (1999)123PLR241
..... provisions of the punjab state cooperative land mortgage bank bye-laws and the punjab cooperative societies act, 1961, hon'ble mr. justice a.l. bahri took the view, that if a person at the time of his election as a representative, satisfies the qualification of being a member of the managing committee of affiliated primary society, but later on earns disqualification or ceases ..... committee and not to a person being the member of the society. rule 26(f) states that a member of the committee shall cease to hold his office if he becomes, subject to any disqualification, which would have prevented him from seeking election and incur that disqualification before election. it is this provision which has been relied upon by the respondents in ..... under the rules to authorise any member of the society to participate and cast vote on its behalf in any society, where the said society is a member. the legislature has unambiguously prescribed a clear distinction between the member of a society and member of the committee.27. the managing committee of a society is responsible for governance thereof, ..... 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 seeking election, had incurred that disqualification before election. 11. the other provisions, which would be relevant and need to be considered are related to the central society i.e. nawanshahr central .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-09-1999
Reported in : 1999(3)AWC1838; (1999)2UPLBEC1336
..... in respect of the article in which it is used so as to constitute an offence under section 7/16 of the prevention of food adulteration act involving moral turpitude rendering thereby a disqualification within the meaning of section 5a of the act. it is not the gravity of the offence or the quantum of punishment which determines the question but the nature and ..... to have served life imprisonment and. therefore, entitled to be released forthwith. the controversy came to be considered by the apex court in the case of nath singh v. state of punjab, air 1983 sc 855 in which it was held that there will be no question of releasing the convict forthwith simply because he has served 14 years rigorous imprisonment in ..... moral turpitude or not will necessarily depend on the circumstances in which the offence is committed. it is not every punishable act that can be considered to be an offence involving 'moral turpitude', would not have been used by the legislature and it would have disqualified every person who had been convicted of any offence. the tests which should ordinarily be applied ..... for judging whether a certain offence does or does not involve moral turpitude appear to be (1) whether the act leading to a conviction was such as could shock the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-24-1999
Reported in : AIR2000SC434; (1999)3CALLT90(SC); I(2000)DMC1SC; JT1999(9)SC242; 1999(7)SCALE224; (2000)2SCC139; Supp4SCR522; 2000(1)LC505(SC)
..... regard to the provisions of section 2 of hindu widow's re-marriage act, 1856 (hereinafter referred to as 'the act of 1856'); and secondly, whether disqualification of inheritance, if any, by reason of re-marriage would stand obliterated by reason of the provisions of the madras hindu (bigamy prevention and divorce) act, 1949.2.the factual score in the appeal presently before us reveals ..... perspective. it is now a well-settled principle of law that legislations having socio-economic perspective ought to be interpreted with widest possible connotation as otherwise, the intent of the legislature would stand frustrated. recognition of rights and protection thereof thus ought to be given its full play for which the particular legislation has been introduced in the statute book. gender ..... recorded as below:21. smt. g. samanthakamani, p.w. 2, deposed that the first defendant bore a child to sri veeraraghava sastri in 1952 and that the name of that child is kasi visweswara hanumath prasad. she stated further that in the year 1954 she gave birth to a daughter and that some time thereafter, the first defendant gave birth to a ..... properties. it was made applicable to agricultural properties only in 1946 by virtue of the act passed by the madras legislature. in any event, rosaiah having died in february, 1937, prior to the enforcement of the principal act itself, lakshmamma cannot claim any right under the said act. she would have been entitled to widow's estate according to hindu law. but she .....Tag this Judgment!