Judgment Search Results Home > Cases Phrase: parliament prevention of disqualification amendment act 2013 central preamble the parliament prevention of disqualification amendment act 2013 Page 1 of about 66 results (0.189 seconds)

D.R. Shivappa Gowda Vs. Zilla Parishad, Chief Secretary

Court : Karnataka

Reported in : ILR1988KAR509

..... the anti-defection act cannot be termed as a revolutionary piece of legislation since the parliament had also considered such a legislation by the 52nd amendment to the constitution which paved the way for the incorporation of the 10th schedule in the constitution relating to disqualification on grounds of defection. ..... under section 295 of the zilla parishads act every member of a mandal panchayat or a zilla parishad and every officer and servant employed under a mandal panchayat or zilla parishad shall be deemed to be a public servant within the meaning of section 21 of the indian penal code and the prevention of corruption act, 1947 (central act ii of 1947) for the time being in force, and therefore if he commits any offence as defined under the prevention of corruption act, 1947 then he as a public servant will be liable for the punishment provided for under the provisions of that ..... the preamble of the act makes it clear that it is a provision to ensure purity in the elections and the legislature has thought it fit to bring this act on the statute book just on the eve of the zilla parishad and mandal panchayat elections in order to ensure these local bodies which had been constituted for the first time under a new legislation which has far-reaching implications in the establishment of the panchayat raj and also in decentralising the powers of the government, should function effectively, honestly and dutifully without any cross .....

Mohd. Akram Ansari Vs. the Chief Election Commissioner and ors.

Court : Delhi

Reported in : 133(2006)DLT135

..... the parliament (prevention of disqualification) act, 1959 had been enacted to declare that certain offices of profit under the government shall not disqualify the holders thereof from being chosen as, or for being, members of parliament. ..... there is no need to discuss these contentions in much detail, or to appreciate the evidence on record owing to the following statute which has been published in the delhi gazette, thursday, april 27, 2006:the wakf (delhi amendment) act, 2006(delhi act 3 of 2006)24th april, 2006 (as passed by the legislative assembly of the national capital territory of delhi on the 8th march, 2006. ..... jayarajan : air2005sc688 to argue that the preamble to the wakf act clarifies that the objective is to provide for better administration of the wakf, the corpus of which is not derived from the government but from private donations. ..... hence, any post which is filled-up under the wakf act would not be a post under the central government or the state government and, thereforee, could not legitimately be construed as an office of profit.8. ..... anand, learned senior counsel for shri yusuf, has contended that the chairmanship of the dwb cannot be construed as an office of profit under the central or state government. ..... so far as the central wakf council is concerned the union minister in-charge of wakf is to be the ex-officio chairperson. .....

Jayashankara Gowda Vs. Chief Secretary

Court : Karnataka

Reported in : ILR1988KAR1005

..... subject to the restrictions contained in the provisions of section 3 of the act; that the 10th schedule incorporated in the constitution by the 52nd amendment to the constitution imposes certain disqualifications on defectors and the same disqualifications are incorporated under the provisions of the act; that the disqualifications prescribed under the constitution are found under article 102(2) and article 191 of the constitution and these disqualifications are essential for a proper working of the democratic form of government based on the written constitution; that the right to vote under the act is only ..... the legislature did not contemplate that membership of a political party is one of the essential features for the establishment of panchayat raj and that is the reason the preamble to the act makes it clear that the act is meant to prohibit defection by the members of the zilla parishad and mandal panchayat from the political parties by which they were set up as candidates and the ..... statutory rights and not with constitutional rights as in the case of member of parliament or of a legislative assembly.in jamuna prasad case, : [1955]1scr608 the supreme court, while dealing with sections 123(5) and 124(5) of the representation of the people act which imposes restrictions on the member of parliament to canvass for and to appeal to the electorate for his election from a particular parliamentary constituency observed as follows:'the right to stand as a candidate and contest an .....

Lok Prahari, Through Its General Secretary s.n. Shukla Vs. Union of In ...

Court : Supreme Court of India

..... the constitution or the laws made by the parliament disabling or stipulating that the central government should not make rules (in exercise of the powers conferred by the parliament under section 169 of the rp act of 1951 read with articles 102(1)(e) and 191(1)(e) of the constitution) providing for such disqualification ..... necessary changes in the form 26 prescribed under rule 4a of the conduct of election rules, 1961 keeping in view the suggestion in para 38 of the wp; (2) to respondent no.1 to consider suitable amendment in the representation of the people act 1951 to provide for rejection of nomination papers of the candidates and disqualification of mps/mlas/mlcs deliberately furnishing wrong information about their assets in the affidavit in form 26 at the time of filing of the nomination; (3) to respondents no.3 to 5 to- inquiry/investigation (i) conduct into disproportionate increase in the assets of mps/mlas/mlcs in annexure p6 to the wp, included in ..... committed contrary to the orders, and without the consent, of the candidate or his election agent; (c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and (d) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the high court may decide that the election of the returned candidate is ..... the political belief underlying the declaration of the preamble of the ..... (2013) .....

Bank Of Baroda And Anr. Vs. Mbl Infrastructures Limited

Court : Supreme Court of India

..... the amendment of 2018 introducing the words at the time of submission of the resolution plan is clarificatory, as this was always the correct interpretation as to the point of time at which the disqualification ..... public servant, except with the previous sanction (a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government; (b) in the case of a person who is employed in connection with the affairs of a state and is not removable from his office save by or with the sanction of the state government, of that government; (c) in the case of any other person, of the authority competent to remove ..... for a section or a chapter in a statute is provided: firstly, by the words used in the statute itself; secondly, by the context in which a provision occurs, or, in other words, by reading the statute as a whole; thirdly, by the preamble which could supply the key to the meaning of the statute in cases of uncertainty or doubt; and, fourthly, where some further aid to construction may still be needed to resolve an uncertainty, by the legislative history which discloses the wider context or perspective in which a provision was made to meet a particular ..... namely, the words of an act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the act, the object of the act, and the intention of parliament. .....

Shaji Poulose Vs. The Institute Of Chartered Accountants Of India

Court : Supreme Court of India

..... the 1949 act was amended by the parliament by the chartered accountants (amendment) act, 2006 (hereinafter referred to as amendment act, 2006 ) by which the ..... the reasoning in sakhawant ali was to the effect that disqualification of a legal practitioner from contesting elections did not prevent him from practising his profession of law and as such, the right to practice the profession of law under article 19(1)(g) did not imply the ..... the language of the preamble of the 1949 act to argue that the act was sought by the parliament to make provisions to regulate the ..... to contest the election, (i) in case of misconduct falling under the first schedule of this act, for a period of three years; (ii) in case of misconduct falling under the second schedule of this act, for a period of six years, from the completion of the period of removal of name from the register or payment of fine, as the case may be; (b) not more than eight persons to be nominated in the specified manner, by the central government. ..... of maintenance of quality audit work had suffered due to no monitoring mechanism of this crucial ceiling limit by either respondent-institute or itd as per the following statistics: stratification of total tars issued by chartered accountant for assessment year 2013-14 (vide cag report no.32/2014, section 3.6) range of tars total number of percentage of issued accountants total accountants 1-45 53,463 81.13 46-100 10,838 16.45 101-200 1,364 2.07 201-300 166 0.25 301-400 45 0.07 401-500 .....

Mahatma Mahto, New Delhi Vs. New Delhi Municipal Council (Ndmc) Throug ...

Court : Central Administrative Tribunal Principal Bench New Delhi

..... the assumption of the division bench of the bombay high court in subhash ganpatrao kabade case', that mahadeo koli was recognised for the first time in 1976 under amendment act, 1976, as scheduled tribe is not relatable to reality and an erroneous assumption made without any attempt to investigate the ..... the last ground taken by the petitioner before this court, a perusal of the petition would show that though in para 2.5 of the petition it is stated that after a gap of six years, from the date the petitioner relinquished charge of the office of the administrator, punjab wakf board, a memorandum dated 5th december, 2008 was received in the office of the central wakf council, containing charges against the petitioner, delay in initiating disciplinary proceedings is not one of the grounds taken in the petition for quashing the ..... 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 parliament ..... shorten the undue delay and also prevent avoidable expenditure for the state on the education of the candidate admitted/appointed on false social status or further continuance therein, every state concerned should endeavour to give effect to it and see that the constitutional objectives intended for the benefit and advancement of the genuine scheduled castes/scheduled tribes or backward classes, as the .....

Common Cause (A Regd. Society) Vs. Union of India

Court : Supreme Court of India

..... the said reasons, the learned law lord observed that it is imperative that the moral, social and legal issues raised by the case at hand should be considered by the parliament and only if the parliament fails to act, the ..... as an omission, yet discontinuation of life support is, for the present purposes, no different from not initiating life support in the first place as in such a case, the doctor is simply allowing his patient to die in the sense that he is desisting from taking a step which might, in certain circumstances, prevent his patient from dying as a result of his pre ..... the survival of the sanctity principle is founded upon the guarantees of dignity, autonomy and liberty; (ii) the right to a dignified existence, the liberty to make decisions and choices and the autonomy of the individual are central to the ..... disqualifications for witnesses are prescribed in the oregon death with dignity act, 2002 when a person makes a written request for medication for the ..... the form that the directive must take, by specifying who may act as witnesses, by allowing the possibility of amendment and by allowing the validity of the ..... the iccpr begins its preamble with the acknowledgment that the rights contained in the covenant derive from the inherent dignity of the ..... at 88 jessica stern, euthanasia and the terminally ill (2013), available at https://fsu.digital.flvc.org/islandora/object/fsu:209909/datastream/pdf/view 89 john breck, euthanasia and the quality of life debate , christian bioethics .....

Indore Development Authority Vs. Manoharlal and Ors. Etc.

Court : Supreme Court of India

..... cases where the land acquisition process shall be deemed to have lapsed; (ii) cases where the landholders are entitled to compensation in accordance (2015) 3 scc54152 53 land acquisition rehabilitation and resettlement bill 2011 introduced in lok sabha on 05.07.2011; right to fair compensation and transparency in land acquisition rehabilitation and resettlement bill, 2013 as passed by the lok sabha on 29.08.2013 and the right to fair compensation and transparency in land acquisition rehabilitation and resettlement act 2013 (as passed by both houses of parliament on 05.09.2013). ..... section 5(2) which lays down that the disqualification as to the holding of an office or an employment under the temple shall not apply to the goswami and the disqualification about the religion will not apply to the collector; that is to say, a collector will be a member of the board even though he may not be a hindu and a follower of the denomination ..... " "the true way", according to lord brougham is, "to take the words as the legislature have given them, and to take the meaning which the words given naturally imply, unless where the construction of those words is, either by the preamble or by the context of the words in question, controlled or alter "; and in the ..... t.p. kunhaliumma, (1976) 4 scc634 it may be seen that under the central act sans the karnataka amendment, there was no right to approach the principal civil court of original jurisdiction to compel a reference, and no time-limit was also .....

Sri Marthanda Varma (D) Th. Lr. . Vs. State of Kerala .

Court : Supreme Court of India

..... section 5 of 1972 act stated :- in the wealth-tax act, 1957, in section 5, in sub-section (1),-- (a) in clause (iii), for the words "any one building in the occupation of a ruler declared by the central government as his official residence", the words, brackets and figures "any one building in the occupation of a ruler, being a building which immediately before the commencement of the constitution (twenty-sixth amendment) act, 1971, was his official residence by virtue of a declaration by the central government'' shall be substituted with effect from the 28th day of december, 1971; (b) to clause (iv), the following provisos ..... article shall be deemed to prevent the raj pramukh from accepting by a supplementary instrument any or all of the entries in the said list i relating to any tax or duty as matters with respect to which the dominion legislature may make laws for the united state; and in doing so the raj pramukh may specify the limitations, if any, subject to which the power of the dominion legislature to make laws for the united state in respect of such matters and the exercise of the executive authority of the dominion in the united state are respectively .....