Court : Mumbai Nagpur
..... (1) of the constitution of india with further declaration under article 190(3)(a) read with section 8(3) of the representation of the people act, 1951, (hereinafter referred to as r.p. act, 1951), that the said seat is vacant. a communication sent by the office of the governor of state of maharashtra to respondent no. 1 election commission ..... to judgment in case of lily thomas vs. union of india and ors., (supra) consider the position which was governed by section 8(4) of the r.p. act, 1951. he contends that once conviction takes place, disqualification results automatically. he has relied upon paragraphs 18 and 21 of said judgment. in present facts, according to him, this ..... referred the matter for its opinion to the election commission and as governor has to decide as per opinion of election commission, section 146 of the r.p. act, 1951, gets attracted. as per that provision even powers of civil court can be invoked to hold an inquiry. he contends that in present matter, the sentence was .....
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..... for the parties. 2. the petitioner has challenged the order dated 16-11-2015 passed by the respondent no.1 under provisions of section 56(1) of the maharashtra police act, 1951 externing the petitioner from the limits of amravati city as well as amravati district for a period of two years. 3. shri p.v. navlani, learned counsel for the petitioner .....
Tag this Judgment!Court : Mumbai Nagpur
..... reads as under: does the petitioner prove that vidarbha irrigation development corporation is state government for the purpose of section 9a of the representation of the people act, 1951? the learned counsel for the parties on 14-7-2016 submitted that the parties did not intend to lead any evidence on the preliminary issue. accordingly ..... reads thus: does the petitioner prove that vidarbha irrigation development corporation is state government for the purpose of section 9a of the representation of the people act, 1951? the learned counsel for the parties submitted that neither the petitioner nor the respondent no.1 desired to lead evidence on issue no.5 which was ..... government contractor and whether there was any subsisting contract on the said date thereby incurring disqualification as contemplated under section 9a of the representation of the people act, 1951? (2) whether by submitting resignation on 2-8-2014 to the registrar of companies, does the respondent no.1 prove that he had no .....
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..... in the present case. similarly, the decision in madhukar rajanna darbhe (supra) considers challenge to the validity of the provisions of section 57 of the said act. said provision has been held to be constitutionally valid. this decision also does not assist the case of the respondent no.1. considering the observations of the ..... on such proceedings becoming contentious whether the same deserve to be dismissed by relying upon the provisions of section 213 read with section 57(b) of the said act. 11. in balbir singh wasu (supra) probate proceedings were filed before the court which had no jurisdiction to entertain the same. in that context while considering ..... of probate had been filed and the same became contentious the proceedings were required to be decided by following the procedure prescribed by section 295 of the said act. the learned counsel placed reliance upon the judgment of the division bench in gajanan chandrarao sawant vs. mrs. chandrabhaga chandrarao sawant and others 2001(1) .....
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..... this order. 61 in the backdrop of above conclusions of the chancellor, it would be advantageous to refer to some of legal provisions. the said act is an act to consolidate and amend the law relating to the four agricultural universities in the state of maharashtra. it has been decided to have a common ..... appointments, then, to urge that the chancellor was bound by any other recommendation, is making mockery of his powers and also the provisions of the said act. the act enacts safeguards and inbuilt, checks and balances for proper and regular conduct of the affairs of the university, its administration and finances. no selection or ..... appointments made which is vitiated and initiate to cancel the appointments of candidates concerned after following due procedure in accordance with the law and provisions of the act, statutes, ordinances and regulations of the punjabrao deshmukh krishi vidyapeeth, akola. (2) to fix the responsibilities against the persons responsible for committing lapses in .....
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..... this order. 61 in the backdrop of above conclusions of the chancellor, it would be advantageous to refer to some of legal provisions. the said act is an act to consolidate and amend the law relating to the four agricultural universities in the state of maharashtra. it has been decided to have a common ..... appointments, then, to urge that the chancellor was bound by any other recommendation, is making mockery of his powers and also the provisions of the said act. the act enacts safeguards and inbuilt, checks and balances for proper and regular conduct of the affairs of the university, its administration and finances. no selection or ..... appointments made which is vitiated and initiate to cancel the appointments of candidates concerned after following due procedure in accordance with the law and provisions of the act, statutes, ordinances and regulations of the punjabrao deshmukh krishi vidyapeeth, akola. (2) to fix the responsibilities against the persons responsible for committing lapses in .....
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..... has to be considered on merits. the rejection of the application on the ground that the property seized by the competent officer under the wild life (protection) act, 1972 had become government property was, in my view, not correct. though the learned additional sessions judge has not clearly indicated that he rejected the application ..... was, as a matter of fact, used in the commission of offence. this court said: ..... any attempt to operationalise section 39(1)(d) of the act merely on the basis of seizure and accusations/allegations, levelled by the departmental authorities would bring it into conflict with the constitutional provisions and would render it ..... property and therefore, could not be released on execution of bond. whether the property seized for alleged contravention of provisions of the wild life (protection) act, 1972 becomes the government property immediately after seizure thereof had come up for determination before the hon'ble supreme court in the case of state of madhya .....
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..... trial judge preventing the petitioners from getting the document dated 13th may, 1992 exhibited, is not in consonance with the proviso below section 49 of the registration act and therefore, the impugned order has to be set aside and the petitioners be permitted to get the document dated 13th may, 1992 exhibited subject to ..... procedure as stated above. 8. shri bhangde, the learned senior advocate has made an alternative submission relying on the proviso below section 49 of the registration act which lays down that an unregistered document affecting the immovable property and which is required to be registered may be received as evidence for any collateral transaction not ..... admissibility of the document in evidence on the ground that it is not registered and therefore as per the provisions of section 49(c) of the registration act, it cannot be received as evidence is unsustainable. the submission is that the learned trial judge ought to have exhibited the document and should have postponed .....
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..... (for short, hereinafter referred to as the n.i.t. act ). it is the case of the plaintiffs in the suit that the appellant-trust came into existence by virtue of indenture made on 15.2.1951 by sheth raibahaddur daluramji of tumsar. the trust was allotted an open site by the n.i.t. opposite to the ..... been made on the suit plot the revised plans have been submitted to the competent planning authority i.e. n.m.c. under the maharashtra regional & town planning act, 1966. there is enabling provision in favour of the appellants to apply for regularization of constructions made in excess or without prior sanction. the appellants are certainly entitled to ..... the n.i.t. gets right under the terms and conditions of the original allotment order, its regulations, the land disposal rules and enabling power under n.i.t. act as authority under law, to take possession by giving appropriate notice in accordance with law. he relied on the following decisions. (i) akbar karimuddin malik v. nagpur improvement .....
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..... petitioner has received that enquiry report now, we therefore, direct him to file his appropriate representation/ reply thereto explaining why such enquiry report should not be acted upon against him. the said representation/ response should be filed within a period of four weeks from today. the disciplinary authority shall thereafter consider the same ..... to invoke the aforesaid principle is that i) the workman is holding a position of trust and confidence; ii) by abusing such position, he commits acts which results in forfeiting the same; and iii) to continue him in service would be embarrassing and inconvenient to the employer or would be detrimental to ..... also rejected on 9.5.2005. according to the petitioner, the officer who was appointed as an appellate authority, had initiated the inquiry proceedings and acted against the petitioner as disciplinary authority and this was contrary to officer's service regulations, 1982. the sessions case against the petitioner and his other colleagues .....
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