Judgment Search Results Home > Cases Phrase: maharashtra legislature members removal of disqualifications act 1956 Page 8 of about 188 results (0.111 seconds)

Dattatraya S/O Ramrao Thorat Vs. the State of Maharashtra Through the ...

Court : Mumbai

Reported in : 2002(4)ALLMR807; (2002)104BOMLR561

..... the councilor aggrieved by an order of disqualification made under any law enacted by the state legislature or on conviction by a competent court or under the maharashtra local authority members disqualification act has an independent remedy to challenge such orders of disqualification under the respective statutes under which such orders of disqualification are passed and these orders cannot be a subject matter of reference contemplated within ..... (1a) a person shall be disqualified for being a councilor, if such person has, at any time during the term of his office, become disqualified, under the maharashtra local authority member's disqualification act, 1986 for being a councilor,(2) a person shall not be deemed to have incurred disqualification under clause (f) of sub-section (1) by reason only of his,-(a) receiving a municipal pension;(aa) any relation being employed with by or on behalf of the corporation, as an officer or servant thereof;(b) having any share or interest ..... arises in giving effect to the provisions of this act, the government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty :provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this act. ..... the subsequent government resolutions published on 1st november, 1950, 29th october, 1956 and 21st november, 1961. .....

Kiran Madhukar Saoji and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2001(3)ALLMR198; (2002)104BOMLR16

..... -(1) without prejudice to the other provisions of this act or the rules made thereunder in relation to the disqualification of being member of a committee, no person shall be eligible for being appointed, nominated, elected, co-opted or, for being a member of a committee, if he-(i) ------------(ii) ------------(iii) ------------(iv) ------------(v) carries on business of the kind carried on by the society either in his name or in the name of any member of his family or he or any member of his family is a partner in a firm or a director in a company which carries on business of the kind carried ..... although the petitioners are also having medical practice, there is nothing on record to indicate that they are also providing the medical facility to the members of the families of the members of the society or to the citizens at concessional rate or reasonable charges and to provide medical aid to the needy and poor either free of charge or at subsidised rates in absence of ..... against the order of the additional registrar, co-operative society (administration), maharashtra stale, pune dated 23.6.1999 whereby the additional registrar held the petitioners to be disqualified from becoming the members of the managing committee of the respondent co-operative society.3. ..... of section 78 of the act, such person can be removed by the officer empowered under the ..... includes 9 directors to be elected by all the members from the doctor members who are registered under the medical council act, 1956. .....

Shantilal Amolakchand Burad Vs. Vijay Ramji Pawar

Court : Mumbai

Reported in : (1986)88BOMLR535; 1986MhLJ713

..... stated that considering the fact that section 73g of the act deals with what are regarded as an important class of societies, it is conceivable that the legislature did intend that the members of the managing committees of such societies should enjoy a reasonably long tenure of office without being hampered by the passing phases of the moods of the members of the society who for no other reason than the ..... procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making, alteration or abrogation, and to provide for the removal and appointment of the committee or its members and other officers and for the appointment of administrator under section 78 and prescribe procedure at meeting of the committee and for the powers to be exercised and the duties ..... 144-f, sub-section (4) of section 144-t, sub-section {1) of section 165 of the act and in exercise of all enabling powers, the government of maharashtra has made rules called the 'maharashtra specified co-operative societies elections to committees rules, 1971', hereinafter referred to as the 'specified ..... the act is easily disposed of by pointing out that the act itself provides for the framing of a rule under which a person shall, on incurring the disqualification mentioned, cease to be a member of ..... operative society can at best have the status of an article of association of a company governed by the companies act, 1956 and cannot be held to be law or to have the force of law. .....

Amreli District Co-operative Sale and Purchase Union Ltd. and ors. Vs. ...

Court : Gujarat

Reported in : (1984)2GLR1244

..... (1) of section 74c shall not be so constituted as to require a certain part or number of its members to periodically retire by rotation and any bye-law of such society containing such provision shall with effect on and from the commencement of section 2 of the gujarat co-operative societies (amendment) act, 1981 ceases to be in force.new section 74a provides for disqualification for being designated officer simultaneously of certain specified societies or for being designated officer of the same ..... been challenged on the ground that they interfere with the right of management which is an integral part of the fundamental right of association inasmuch as no managing director or chief executive officer can be appointed or removed in respect of such class of societies as the state government may by notification in the official gazette specify, except with the previous approval of the registrar, and any appointment without such approval is void. ..... : [1956]1scr603 what is the nature of an amending act is succinctly indicated in corpus juris secundum where the principle digested from the decided cases reads as under:an amendment is a legislative act designed to change some prior and existing law by adding or taking from it some particular provision; its purpose is to make such addition to, or change in, the original act as in the judgment of the legislature will better carry out the purpose for ..... prescribed, according to the state government, in maharashtra co-operative societies act, 1960. .....

Sujata Sharma Vs. Manju Gupta

Court : Delhi

..... sai reddy judgment only recognizes the right of the eldest male member to be the karta; that the amendment in 2005 only recognized the rights of a female member to equal those of male members but it did not extend to granting them any right in the management of huf property; that the hindu succession act,1956 only deals with succession to the intestate properties of a hindu and does not purport to address the issue of ..... present case insofar as the plaintiff is the eldest member of the co-parcenary, her being a female cannot be seen a disqualification from being its karta since this disqualification has been removed by the amendment brought about under section 6 ..... negation of her fundamental right of equality guaranteed by the constitution having regard to the need to render social justice to women, the states of andhra pradesh tamil nadu, karnataka and maharashtra have made necessary changes in the law giving equal right to daughters in hindi mitakshara coparcenary property. ..... assuming there is a defect or an omission in the words used by the legislature, the court cannot correct or make up the deficiency, especially when a literal reading thereof produces an intelligible ..... legislature has enacted the kerala joint hindu family system (abolition) act ..... he submits that the legislature has now conferred a substantive right in favour of the daughters; that by section 6, the daughter of the co-parcenar shall have same rights and liabilities in the co-parcenary property as she would if she .....

Government of National Capital Territory of Delhi and Others Vs. Union ...

Court : Delhi

..... act or under chapter v; (v) matters pertaining to the lieutenant governor's secretariat and personnel establishment and other matters relating to his office; (va) matters on which lieutenant governor is required to make order under any law or instrument in force; (vi) petitions for mercy from persons under sentence for death and other important cases in which it is proposed to recommend any revision of a judicial sentence; (vii) matters relating to summoning, prorogation and dissolution of the legislative assembly, removal of ..... date to exercise executive government in the corresponding acceding state, and in a part c state, the central government; (b) as respects anything done (after the commencement of the constitution and before the commencement of the constitution seventh amendment) act, 1956, shall mean, in a part a state, the governor, in a part b state, the rajpramukh, and in a part c state, the central government; (c) as respects anything done or to be done after the commencement of the ..... of articles 324 to 327 and 329 shall apply in relation to the national capital territory, the legislative assembly of the national capital territory and the members thereof as they apply, in relation to a state, the legislative assembly of a state and the members thereof respectively; and any reference in articles 326 and 329 to appropriate legislature shall be deemed to be a reference to parliament ..... counsel has also placed much reliance upon state of maharashtra .....

The Industrial Finance Corporation of India Vs. Delhi Administration a ...

Court : Delhi

Reported in : [1973(27)FLR207]; ILR1973Delhi29; 1974LabIC223

..... high court of allahabad dissented from the view of the bombay high court and held that the life insurance corporation of india has been established by the life insurance corporation act, 1956, that the corporation consists of persons nominated by the central government, that the original capital of the corporation was supplied by the central government, that the function of the ..... regarding the functions of the chairman of the board; term of office and retirement of directors; disqualification of director; removal of a chairman and a director from office; casual vacancy of a chairman; central committee; ..... the corporation must be relevant to the object of promotion, that in the instant case the standard criteria of selection were not observed by the selection committee and one of the members of the committee, shri sitaraman, was biased against two of the workmen, and that there was thus an arbitrary discrimination among similarly situated employees who were entitled to be ..... the-context otherwise requires, 'the state' includes the government and parliament of india and the government and the legislature of each of the states and all local or other authorities within the territory of india or under the control ..... board, : air1968bom65 , it was held that the maharashtra state electricity board which is a statutory corporation constituted under the electricity supply act is 'state' within the meaning of article 12 for the reasons that the board has been invested by statute with certain .....

Baldevdas R. Raheja Vs. the Union of India (Uoi)

Court : Mumbai

Reported in : (1977)79BOMLR581

..... contention is that the order passed by the company law board was passed by an authority not vested with the power under section 408, read with section 637 and section 10e(4a) and (5) of the companies act, 1956, as the said order was passed by only two members, viz. ..... there is sufficient authority to hold that the management of a company was primarily with the board of directors of the company and so long as the general body does not take any action to change that management and to remove or to appoint a new board of directors as such, the decisions taken by the board of directors which are subject to the rule of majority are to be considered to be the views of the company. ..... other argument of the learned counsel for the petitioners on that contention that the company law board had overlooked the provisions of the company law, particularly sections 203 and 274, regarding the antecedents or disqualifications of directors, has no substance and cannot stand.125. ..... 6(1) conferring powers on the board to take away the property of the licensee were mandatory and must be strictly complied with, that such a power must be exercised strictly in accordance with law and that when the legislature had prescribed the manner of its exercise, it must exercise it in that manner and in no other way. ..... state of maharashtra (1972) mis pet 662.64 ..... learned counsel for the petitioners has supported his said contention by relying on the observations of the supreme court in the case of state of maharashtra v. b.k. .....

Dr. T.M. Paul Vs. City Hospital (Pvt.) Ltd. and ors.

Court : Kerala

Reported in : [1999]97CompCas216(Ker)

..... if, on any application under sub-section (1), the company law board is of opinion-- (a) that the company's affairs are being conducted in a manner prejudicial to public interest or in a manner oppressive to any member or members ; and(b) that to wind up the company would unfairly prejudice such member or members, but that otherwise the facts would justify the making of a winding up order on the ground that it was just and equitable that the company should be wound up ;the company law board may ..... in advancing their case and seeking reliefs the plaintiffs have pointed out the contravention of some of the provisions in the companies act as regards the necessity to give notice for a meeting of the board of directors, the necessity to disclose the interests of the directors in the resolutions, rules regarding co-option of directors, disqualification from directorship under section 283(1)(g), etc. ..... (5) consistent with the policy of law aforesaid, we commend to the parliament and the state legislatures to make a provision enabling a workman to approach the labour court/industrial tribunal directly--i. e ..... the decision in the subsequent meeting to forfeit and sell the shares of the first plaintiff and remove her from the service of the hospital are expropriatory in character and affecting her individual membership rights. ..... this was the legal position even before the companies act of 1956 as noticed in the decision reported in parmeshwari prasad gupta v ..... maharashtra state seeds corporation ltd .....

Gujarat Dalit Civil and Constitutional Rights Pratipadan Samiti and Et ...

Court : Gujarat

Reported in : AIR1988Guj197; (1988)1GLR290

..... the government of india (scheduled castes) order, 1936 was taken as the basis for defining the harijans who are said to be scheduled castes while enacting the bombay harijan (removal of social disabilities) act, 1946, which act in section 2-a defines 'harijan' as follows : 'harijan means a member of a caste, race or tribe deemed to be a scheduled caste under the government of india (scheduled castes) order, 1936.- mr. ..... therefore, though an ordinance can be invalidated for contravention of the constitutional limitations which exist upon the power of the state legislature to pass laws, it cannot be declared invalid for the reason of non-application of mind, any more than the other law can ..... also pointed out the statement of objects and reasons which is annexure 'x' to this special civil application wherein it is stated that the inclusion of mochi community in the scheduled caste and scheduled tribe orders (amendment) act, 1976 except the community in dangs district and umbergaon taluka will affect the real scheduled caste mochis, who suffers the disqualification of untouchability. ..... ' these respondents further stated that, in the state of maharashtra also, the whole mochi community has been treated as scheduled caste and like-wise the mochi community in the state of gujarat as a whole has been treated as ..... be any fresh inclusion of scheduled castes in the constitution (scheduled castes) order, 1950 since penal laws like untouchability offences act, 1956 have been passed and enforced. .....