Court : Mumbai Aurangabad
..... 39. learned advocate mr. katneshwarkar submits that having regard to the development, particularly, amendment to the constitution of india and consequential amendment to the municipalities act, observations by the full bench of this court in writ petition no.11278 of 2012 and other connected matters in paragraph no.47a would be ..... wards and that the provisions of section 10 of the municipalities act relating to reservation to scheduled castes, scheduled tribes, the backward class of citizens and women and section 51(1a) relating to reservation of office ..... common seal, power to acquire and dispose of property and enter into contract and can sue and be sued. section 341-b of the municipalities act provides for constitution and elections to nagar panchayat of seventeen directly elected councillors by dividing the transitional area into territorial constituencies, to be known as .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and which the subordinate provision, and which must give way to the other." 60. firstly, there is no conflict between the provisions of the disqualification act and the municipalities act. even otherwise, since the field relating to disqualification concerning disqualification of members of the local authorities is occupied by the special legislation, the general law i ..... and fair construction, the main provision is clear, a proviso cannot expand or limit its ambit and scope. 64. in the instant matter, section 63 of the municipalities act deals with the constitution of subject committees, so also the second proviso to section 63(2b) opens with the words, "provided further that, for the purpose of ..... the introduction of the bill as an external aid to construction of statute, in the matter of mahadeo nathuji patil vs. surjabai khushalchand lakkad and others, reported in 1994 (2) mh.l.j. 1145, the full bench of this court, in paragraph 29 of the judgment, has observed thus: "29. it is now well .....
Tag this Judgment!Court : Mumbai Aurangabad
..... other than the member, it makes specific provision and in widest terms. in section 16(1d) of the mumbai municipal corporation act, 1888, the disqualification is for the act of spouse or dependent. this provision is pari materia to section 44(1)(c) of the municipalities act and reads as under:- "16(1d) a councillor shall be disqualified for being a councillor, if such councillor ..... that by mere earmarking or designation such properties vest straightway in the state. 26. way back in 1994 and to be precise while dealing with civil appeal no.319/1976 decided on 26.10.1994 (pt. chet ram vashist (dead) by l.rs. v/s municipal corporation of delhi reported in air 1995 sc 430), a two judge bench of the hon'ble .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . explanation:- for the purposes of this sub-rule, election certificate means the certificate of election issued under the bombay municipal corporation act (bom iii of 1888), the bombay provincial municipal corporation act, 1949 (bom. lix of 1949), the maharashtra municipalities act, 1965 (mah. xl of 19650, the city of nagpur corporation act, 1948 (c.p. and berar ii of 1950), the maharashtra zilla parishads and panchayat samitis ..... the facts of that particular case. 25 placing reliance on the observations of learned single judge in the matter of amrutababaji mozar vs. kondabai babaji mozar and another, reported in 1994 (2) mh.l.j. 1663, it is contended that since the learned single judge has considered the decision of the supreme court and has put its own gloss thereon, that .....
Tag this Judgment!Court : Mumbai Aurangabad
..... who belongs to the electoral college which nominated the members whose nomination is under challenge. there the relevant provisions were of the maharashtra municipalities act, 1965. there are three categories of councillors. the first group consisting of councillors elected in ward elections, the second group consisting of ..... than five years as an office bearer of a non-government organization registered under the bombay public trusts act, 1950, engaged in social welfare activities, working within the area of a municipal corporation or a council. 5. nomination of councillors:- (1) for the purpose of nomination of councillors ..... . section 5(1)(b) of the maharashtra municipal corporations act, 1949 provides for nomination of councillors. the rules framed under the said act and other acts governing the nomination of members under the other municipal corporations acts in the state of maharashtra are the maharashtra municipal corporations (qualifications and appointment of nominated councillors) .....
Tag this Judgment!Court : Mumbai Aurangabad
..... declare any other person as elected for any reason whatsoever. in the case of gawaji alias gawaja sawleram sarode (supra) while comparing the provisions of the maharashtra municipalities act and section 15 of the bombay village panchayats act, this court made the following observations. "9...... therefore, there was a power entrusted with the district court wherein the petitioner challenged election under the maharashtra ..... and legislature which has made specific provision opting for second course in the representation of the people act by way of section 84 and in sub-section 10 of section 21 of the maharashtra municipalities act, has not made an identical provision in the bombay village panchayats act. it appears that it has favoured a fresh election when the election of a candidate is .....
Tag this Judgment!Court : Mumbai Aurangabad
..... declare any other person as elected for any reason whatsoever. in the case of gawaji alias gawaja sawleram sarode (supra) while comparing the provisions of the maharashtra municipalities act and section 15 of the bombay village panchayats act, this court made the following observations. "9...... therefore, there was a power entrusted with the district court wherein the petitioner challenged election under the maharashtra ..... and legislature which has made specific provision opting for second course in the representation of the people act by way of section 84 and in sub-section 10 of section 21 of the maharashtra municipalities act, has not made an identical provision in the bombay village panchayats act. it appears that it has favoured a fresh election when the election of a candidate is .....
Tag this Judgment!Court : Mumbai Aurangabad
..... body wrapped in one cloth to neri naka smashan bhumi, then they went to smashan bhumi. this witness made inquiry with municipal employee dayaram parshuram sonawane working there. he checked death register maintained at neri naka smashan bhumi, jalgaon. he found while ..... of the evidence or proof. the supreme court in the case of keisam kumar singh and another v/s state of manipur (a.i.r. 1985 sc 1664)in para 13 held as under :- 13. lastly, the learned sessions judge relied ..... air (sc)1871), (4) balwant kaur vs. union territory chandigarh (1988 air (sc) 139), (5) rampal pithwas rahidas vs. state of maharashtra (1994(supp.2) scc 73), (6) niranjansingh vs. state of punjab (1996 air (sc) 3254), (7) shera singh vs. state of punjab (1996 ..... in the event the suspicion which is attached to the evidence of accomplice is not removed, his evidence could not be acted upon unless corroborated in material particulars. 38. in the present case, the additional sessions judge accepted the evidence of approver .....
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