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Judgment Search Results Home > Cases Phrase: the punjab state legislature prevention of disqualification act 1952 Year: 2014 Page 1 of about 6 results (0.025 seconds)

Aug 27 2014 (SC)

Manoj Narula Vs. Union of India

Court : Supreme Court of India

Decided on : Aug-27-2014

..... either house of parliament if he is so disqualified under the tenth schedule. similarly, article 173 provides for qualification for membership of the state legislature and article 191 enumerates the disqualifications similar to article 102. the parliament by the 1951 act has prescribed further qualifications and disqualifications to become a member of parliament or to become a member of legislative assembly. section 8 of the ..... certainly weaken our democracy and will render the democratic institutions sterile. the committee therefore feels that politics should be cleansed of persons with established criminal background. the objective is to prevent criminalisation of politics and maintain probity in elections. criminalization of politics is the bane of society and negation of democracy. but the arguments against the proposal of the election commission ..... . lovehead, constitutional law-a critical introduction (2nd edn., butterworths: london, 2000) at 247 [70]. [71].http://parliamentofindia.nic.in/ls/debates/vol11p12.htm [72]. [73]. s.r. chaudhuri v. state of punjab, (2001) 7 scc126[74]. [75].164. other provisions as to ministers. (1) the chief minister shall be appointed by the governor and the other ministers shall be appointed by the .....

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Apr 30 2014 (HC)

The Hassan Co-operative Milk Producers Societies Union Limited and Oth ...

Court : Karnataka

Decided on : Apr-30-2014

..... should hesitate in giving the act or the relevant provision that operation unless prevented from doing so by any mandate contained in law or an established principle of interpretation of statute. we do not find any such mandate in the amending act no.3 of 2013. 19. the amendments, by amending act no.3 of 2013, were introduced by the state legislature, as observed earlier, to ..... in support of their contentions. 8.1. the supreme court in zile singh (supra) was dealing with haryana municipal (amendment) act, 1994 (act no.3 of 1994) whereby, section 13a in chapter iii of the principal act was inserted. section 13a provided disqualification for being chosen as and for being a member of municipality if he has more than two living children provided that ..... question that fell for the consideration of the supreme court was, what was the effect of substituted section 15 introduced by haryana amendment act 1995, in the parent act i.e. the punjab pre-emption act, as applicable to the state of haryana whereby, the right of a co-sharer to pre-empt a sale had been taken away during the pendency of an appeal ..... decision of the supreme court the detention would have expired on the first of april 1952 when the act of 1950 as amended in 1951 would itself have expired. but fresh act was passed in 1952, namely, the preventive detention (amendment) act, 1952. the effect of this act was to prolong the life of the act of 1950 for a further six months, namely, till the lsi of october .....

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Dec 22 2014 (HC)

Arun Vs. State of Maharashtra through its Secretary, Department of Edu ...

Court : Mumbai Nagpur

Decided on : Dec-22-2014

..... . 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 .....

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Oct 01 2014 (HC)

Municipal Labour Union and Others Vs. The State of Maharashtra, Throug ...

Court : Mumbai

Decided on : Oct-01-2014

..... municipalities act in public interest and for public good. importantly, the power to tax is an incident of sovereignty. that under the framework of indian constitution only two principal bodies which have been vested with plenary powers to make laws. they are the parliament for the union and the state legislatures for the state. in new delhi municipal committee v/s state of punjab reported ..... municipalities were kept unaware of the said decision of the respondent no 1. such surreptitious actions of the respondent no.1 have prevented the petitioners and many other persons and organizations who are aggrieved by the impugned act 2009 and the impugned rules 2010 and who would have justifiably convinced the respondent no.1 not to dispense with the octroi, ..... seats. article 243u provides for duration of municipalities. article 243v deals with disqualification for membership. then, comes article 243w, on which strong reliance is placed by ms.karnik, which reads as under: ??243w. powers, authority and responsibilities of municipalities, etc.: subject to the provisions of this constitution, the legislature of a state may, by law, endow ?? (a) the municipalities with such ..... , thane. (5) (1996) 6 scc 634 itc bhadrachalam paperboards v/s mandal revenue officer. (6) air (39) 1952 nagpur 10 (c.n.7) state govt. madhya pradesh v/s seth parasmal. (7) (1975) 2 scc 131 syed ahmed aga v/s state of mysore. 35. in rejoinder to the above submissions, ms.karnik would urge that none of the contentions of .....

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Feb 14 2014 (HC)

Smt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...

Court : Mumbai

Decided on : Feb-14-2014

..... act, 1935. the question of repugnancy between a law made by a provincial legislature before the constitution and a law made by parliament cannot, therefore, be decided under article 254 of the constitution. . (emphasis supplied) 20. in the case of soma singh vs. state of pepsu (air (1954) sc 311) , the supreme court was called upon to decide whether patiala and east punjab states ..... till date would be rendered illegal, as in the meantime number of courts martial have already been held and conducted under the assumption that there was no such disqualification. apprehensions were expressed that the floodgate of new litigations will open which ultimately is likely to not only weaken the discipline in the armed forces but also result ..... would result in unnecessary chaos and confusion. such apprehensions, however, can be allayed by resort to 'de facto doctrine' which is born of necessity and public policy to prevent needless confusion and endless mischief. 44. apprehensions similar to the aforesaid were expressed before the division bench of this court in the case of mahendrapanmal duggad jain (supra), where ..... at the time the constitution came into force was continued as the legislature of the state till 1952. this argument is without substance. in our view, all that the expression "state act" means is an act passed by the legislature of a state after the coming into force of the constitution, which legislature is either established by the constitution, or continued by the constitution, .....

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Feb 14 2014 (HC)

Smt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...

Court : Mumbai

Decided on : Feb-14-2014

..... act, 1935. the question of repugnancy between a law made by a provincial legislature before the constitution and a law made by parliament cannot, therefore, be decided under article 254 of the constitution. . (emphasis supplied) 20. in the case of soma singh vs. state of pepsu (air (1954) sc 311) , the supreme court was called upon to decide whether patiala and east punjab states ..... till date would be rendered illegal, as in the meantime number of courts martial have already been held and conducted under the assumption that there was no such disqualification. apprehensions were expressed that the floodgate of new litigations will open which ultimately is likely to not only weaken the discipline in the armed forces but also result ..... would result in unnecessary chaos and confusion. such apprehensions, however, can be allayed by resort to 'de facto doctrine' which is born of necessity and public policy to prevent needless confusion and endless mischief. 44. apprehensions similar to the aforesaid were expressed before the division bench of this court in the case of mahendrapanmal duggad jain (supra), where ..... at the time the constitution came into force was continued as the legislature of the state till 1952. this argument is without substance. in our view, all that the expression "state act" means is an act passed by the legislature of a state after the coming into force of the constitution, which legislature is either established by the constitution, or continued by the constitution, .....

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Mar 12 2014 (SC)

Pravasi Bhalai Sangathan Vs. U.O.i. and ors.

Court : Supreme Court of India

Decided on : Mar-12-2014

..... of mandamus directing suspension of membership of authors of hate/derogatory speeches made on the lines of religion, caste, race and place of birth (region) from the union/state legislature and other elected bodies till the final disposal of the criminal proceedings; h. issue appropriate writ, order, decree in the nature of mandamus directing termination of membership of ..... . |religious institutions (prevention|sections 3 and 6 | | |of misuse) act, 1980 | | |8. |the cable television networks |sections | | |(regulation) act, 1995 and the |5,6,11,12,16, 17, | | |cable television network (rules), |19, 20 & rules 6 & 7| | |1994 | | |9. |the cinematographers act, 1952 |sections 4, 5b, 7 | 11. in addition thereto, the central government has always provided support to the state governments and union territory ..... in its 1998 recommendations emphasised on the need to strengthen the provision relating to disqualification and in view thereof, it has been submitted by ms. arora that it is only for the legislature to amend the law and empower the election commission to perform a balancing act in following the mandate of the relevant constitutional and statutory provisions.6. the ..... (a regd. society) v. union of india & ors., (2008) 5 scc511.21. while explaining the scope of article 141 of the constitution, in nand kishore v. state of punjab, (1995) 6 scc614 this court held as under: their lordships decisions declare the existing law but do not enact any fresh law, is not in keeping with the plenary .....

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