Judgment Search Results Home > Cases Phrase: bengal aliens disqualification act 1918 Page 1 of about 2,070 results (0.074 seconds)

Adv. Aires Rodrigues Vs. the State of Goa by Its Chief Secretary and o ...

Court : Mumbai

Reported in : 2009(111)BomLR737

..... the west bengal legislature (removal of disqualifications) act, 1952.what to talk of these states in india, even the government of punjab, pakistan issued an ordinance, the punjab parliament ..... the provisions of karnataka legislature (prevention of disqualification) act, 1956 as well as representation of people act, 1951. ..... disqualification) act, 1959 provides that the office of the `parliamentary secretary' in so far as it is an office of profit under the government of india or government of the state has been saved from the disqualification ..... prevention of disqualification) act, 1971. ..... personally55 on this issue, i agree with gummow and hayne jj, for the reasons that their honours give, that, as a matter of statutory construction, the parliamentary secretary is, for the purposes of section 501(4) of the act, 'the minister personally'.validity of the parliamentary secretary's appointment as minister of state56 it was argued on behalf of mr taylor that, notwithstanding that, as a matter of statutory construction, the parliamentary secretary is 'the minister ..... necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require:* * *(2) an ordinance promulgated under this article shall have the same force and effect as an act of the legislature of the state assented to by the governor, but every such ordinance -(a) shall be laid before the legislative assembly of the state, or where there is a legislative council in the state, before .....

Commissioner of Wealth Tax, West Bengal Ii Vs. U.C. Mahatab

Court : Kolkata

Reported in : AIR1970Cal462,[1970]78ITR214(Cal)

..... the review of the case law and the authorities cited for die revenue in support of its contention that a right to compensation in the facts and circumstances of the case under the west bengal estates acquisition act is an asset and is a part of the net wealth of the person whose property has been acquired and attracts the wealth tax under the wealth tax ..... trying to do in the present instance they are treating this alleged right to compensation, which is a misnomer for a legal right, as a kind of property which is an asset attracting wealth tax under the wealth tax act, and that wealth tax is being computed on the basis, which is entirely hypothetical, notional and imaginary, of that very agricultural income-tax which he had to pay, if the assessee had the use, enjoyment and the ..... the first place the final publication of the compensation assessment roll under section 21 read with the manner of payment of compensation under section 23 and sections 16 and 17 of the act dealing with the gross and net income with its particular tables, appears to indicate that this compensation depends ultimately on two major factors: (1) deduction of dues and (2) gross and ..... is that hem it is not merely difficulty in valuing but legal disqualification under the statute to sell it at all. ..... it was held in that decision that the restrictions relating to the alienation and transfer of shares of the company did not prevent such class of property with restricted rights of transfer or sale from being valued in .....

Tarun Chatterjee Vs. Vinod Kumar Naik and ors.

Court : Chhattisgarh

Reported in : 2003(4)MPHT17(CG)

..... jaa council, as already noticed, has not been exempted under the parliament (prevention of disqualification) act, 1959 and as such the disqualification contained in article 102(1)(a) is squarely attracted to the facts of the present case. ..... though there is no basis or material to so assume, that the state legislature or government had, by implication removed the disqualification by granting 'deemed' status of a minister to the appellant, it had no jurisdiction to remove the disqualification from which the appellant was suffering, because it is membership of the rajya sabha and not of state legislature which was in ..... question must have been held under a government and to that some pay, salary, emoluments or allowance is attached.the first ground of disqualification urged against sangappa is that he was a member of koppal taluk development board as well as the member of district development council of raichur ..... the lok sabha had not been dissolved on the date on which the election was held would not amount to a disqualification in the case of the respondent who was a member of lok sabha for being a candidate at the next ..... holds an office under the government each case must be measured and judged in the light of the relevant provisions and the sections and having regard to the provisions of the bengal municipal act, 1932 as extended to tripura, the provisions of which have been set out hereinbefore, we are of the opinion that the government does not control officers like respondent no. .....

Sultan Khan Vs. Sailesh Chandra Nundy

Court : Kolkata

Reported in : AIR1963Cal527

..... state assambly pertaining to the area of the sarbamangala gram sabha he became a member of the gram sabha automatically by virtue of section 7 of the west bengal panchayat act, 1956 and as he was a member of the gram sabha he was eligible for election as a member of the gram panchayat and of the anchal panchayat by virtue of sections 11 and 26 of the act and the fact that he is not a citizen of india is not a disqualification for such election under section 15 of the ..... name of my person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included : provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause (c) of sub-section (1) shall forthwith be re-instated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal'. 7. ..... but when the objection raises a question of disqualification as enumerated in section 16 of the representation of the people act, the electoral roll is not final and the election tribunal is competent to go ..... electoral roll of the state legislative assembly must also be regarded as conclusive with regard to the disqualification mentioned in section 16(1)(a) of the representation of the people act, 1950 was not in issue in that case. ..... an alien is subject to a legal incapacity to vote and the vote of an alien is liable to be struck off on scrutiny, see re stepney .....

Ahmed HossaIn Vs. Aswini Kumar and ors.

Court : Kolkata

Reported in : AIR1953Cal542,57CWN421

..... chakravartty in support of his contention that neither the chairman under rule 17, nor the magistrate under rule 20, can go into the question of disqualification of a candidate under section 22 are briefly as follows: (i) rule 17, sub-rule (3) and (4) (a) speak of the scrutiny of the 'nomination paper' of a candidate as distinguished from the scrutiny of the nomination of a candidate, thereby implying that all that the ..... the relevant certificate of scrutiny, section 36, representation of the people (amendment) act, 1950 (central act 73 of 1950), rule 13 of the rules for the conduct of elections framed under the calcutta municipal act, 1923 and the relevant certificate of scrutiny, rule 14, calcutta corporation (conduct of election of councillors) rules, 1952, framed under the calcutta municipal act, 1951, rule 4(2) of part ii--conduct of elections--of bengal act 3 of 1885 (bengal local self-government act of 1885) and rule 9 of the election rules under the ..... the powers of the magistrate as appellate authority under rule 20 of the 1932 rules are co-extensive with those of the chairman as returning officer with the result that the magistrate can also, go into the question of disqualification under section 22 and reject the nomination of a candidate on that ground, as has been done in the present case. mr. .....

Jagdish Kumar Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 2002(2)WLC498; 2002(2)WLN621

..... 'there are statutes which provide that the persons, who are convicted for certain offences, shall incur certain disqualification; for example, chapter iii of the representation of peoples act, 1951 entitles 'disqualification' for membership of parliament and stale legislatures, and chapter iv entitles 'disqualification' for voting, contains the provisions which disqualify persons convicted of certain charges from being the members of legislatures or from voting at election to the legislature ..... director of school education (6), observing that due to the peculiar circumstances of the case, the benefit of the provisions of 1958 act had been given to him and as in that case there had been no discussion on the words 'disqualification, if any, attaching to a conviction of an offence under such law' had not been considered, the said judgment cannot be treated as a binding precedent ..... the apex court interpreted the provisions of section 12 of the act, 1958 and held as under-'in our view, section 12 of the probation of offenders act would apply only in respect of a disqualification that goes with a conviction under law which provides for the offence and its ..... by virtue of the provisions of section 12 of the act, 1958, his removal cannot be a 'disqualification' for the purposes provided in other statutes. ..... the hon'ble apex court has held that the order of dismissal from service, consequent upon a conviction, is not a disqualification within the meaning of section 12 of the act, 1958. .....

P. Gadeppa and Others Vs. the State of Karnataka Rep. by Its Secretary ...

Court : Karnataka Dharwad

..... for respondent no.3 submits that the joint registrar has passed the order of disqualification before the service of the interim orders granted in w.p.nos.62612/2010 and ..... the relevant provision is sub-section (1)(o)(i) of section 29-c, which reads as under: section 29-c: disqualification for membership of the committee: (1) no person shall be eligible for being elected or appointed or continued as a member of the committee of any co-operative society, if, (a) to (n) xxx xxx xxx (o) he, is in the committee of a district central society or a federal society or ..... under section 29-c(1)(o)(i) of the act for their disqualification and fixed the date of ..... he has drawn my attention to the decision of the apex court in mulraj vs murti raghunathji maharaj-air 1967 sc 1386 and all bengal excise licensees association vs raghabendra singh and others-2007 (11) scc 374 and certain other cases to support his contention that once it is found that the respondent has disobeyed the ..... respondent nos.1, 2 and 4 have filed their objections contending that the petitioners are disqualified under section 29-c(1)(o)(i) read with section 21(2)(a) of the act for a period of five years because the first petitioner is not the director of kududarahalu vsssn, siraguppa taluk, for the reason that he had not contested in the ..... in all bengal excise licensees associations case (supra), the apex court has held that once it is found that the respondent has disobeyed the earlier order, this court has to direct the .....

P. Gadeppa and Others Vs. the State of Karnataka Rep by Its Secretary ...

Court : Karnataka Dharwad

..... for respondent no.3 submits that the joint registrar has passed the order of disqualification before the service of the interim orders granted in w.p.nos.62612/2010 and ..... the relevant provision is sub-section (1)(o)(i) of section 29-c, which reads as under: section 29-c: disqualification for membership of the committee: (1) no person shall be eligible for being elected or appointed or continued as a member of the committee of any co-operative society, if, (a) to (n) xxx xxx xxx (o) he, is in the committee of a district central society or a federal society or ..... under section 29-c(1)(o)(i) of the act for their disqualification and fixed the date of ..... he has drawn my attention to the decision of the apex court in mulraj vs murti raghunathji maharaj-air 1967 sc 1386 and all bengal excise licensees association vs raghabendra singh and others-2007 (11) scc 374 and certain other cases to support his contention that once it is found that the respondent has disobeyed the ..... respondent nos.1, 2 and 4 have filed their objections contending that the petitioners are disqualified under section 29-c(1)(o)(i) read with section 21(2)(a) of the act for a period of five years because the first petitioner is not the director of kududarahalu vsssn, siraguppa taluk, for the reason that he had not contested in the ..... in all bengal excise licensees associations case (supra), the apex court has held that once it is found that the respondent has disobeyed the earlier order, this court has to direct the .....

Hari Singh Nalwa Vs. Kartar Singh Bhadana

Court : Punjab and Haryana

Reported in : AIR2001P& H86

..... this is not to say that where there are more than two candidates in the field for a single seat, and one alone is disqualified, on proof of disqualification all the votes cast in his favour will be discarded and the candidate securing the next highest number of votes will be declared elected.30. ..... and major minerals from the haryana state and those contracts were subsisting at the time the nomination papers were filed and as per the provisions of section 9a of the representation of the people act, 1951 (hereinafter referred to as the act), such a person was not qualified to contest the said election being a person deriving benefit under contracts from the state within the territorial jurisdiction of which the contracts were being operated.5. ..... so as to properly appreciate the controversy, section 9a of the act may be reproduced which reads as under :-'9-a - disqualification for government contracts etc. ..... article 191 of the constitution of india lays down the disqualifications for membership of any state legislative and it provides that a person shall be disqualified from being chosen as member and from being a member of the legislative assembly if he holds any office of profit under the government of india or ..... 1 is void in view of the disqualification provided under section 9a of the representation of the people act, 1951 and should have been disqualified from contesting the election o.p.p. ..... the apex court in bengal immunity co. v. .....

Surja Kumar Mondal Vs. District Magistrate of Murshidabad and ors.

Court : Kolkata

Reported in : AIR1954Cal217,58CWN205

..... but where a valid law imposes a disqualification, such disqualification must be taken into account in the conduct of ..... that the wrong person should function in a public body or in the administration thereof for a minute longer than can be helped and specially as the disqualification of opposite party no. ..... rules which are known as the 'government servants conduct rules 1926', have been promulgated under section 96b of the government of india act, but that has not taken away the validity of other legislation on the subject. ..... under the bengal village self-govornment act 1919, section 7, every person of full age of 21 years and having a place of residence within the union who satisfies certain condition and qualification laid down therein is entitled to vote and to be elected a member ..... in such an event, the petitioner has the right to prefer an election petition before the district magistrate under section 17b of the bengal village self-government act. ..... his client is perfectly eligible to stand as a member of the union board under section 7 of the bengal village self-government act. ..... servant working under the director of agriculture, government or west bengal. ..... restrained from acting as such ..... rules 1926, were promulgated under section 96-b of the government of india act, 1919. ..... as long as there is a quorum, the presidential election can go on and the invalidity of the election of any particular member does not vitiate any such proceeding (section 13 of the village self-government act). .....