Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... to generate sufficient funds from the sale/development of mill land. this is untrue for the following reasons:(i) the mill workers had made several representations to the government stating that old regulation 58 of 1991 was being misused and loopholes were being found by mill owners to circumvent various provisions of ..... the questions raised by some aggrieved citizens of bangalore. they want congestion to be prevented, population density to be controlled, lung spaces to be provided where people can breathe, existing recreational facilities to be preserved and improved, pollution and health hazards to be removed, civic and social amenities to be provided etc. ..... planning by lewis keepl, the scope of planning has been stated thus: 'planning has both social and economic aims. socially, successful planning tends to make people's lives happier because it results in a physical environment which conduces to health, which allows convenient and safe passage from place to place, which facilitates .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ALLMR606; 2006(4)BomCR392
..... could and must lead to rejection of nomination paper. filing of a false affidavit accompanying the nomination paper amounts to a criminal offence and is punishable under representation of people act, 1951. at the relevant time, the petitioner did not know the fact that the respondent no. 1 was infact indebted to government and there ..... could and must lead to rejection of nomination paper. filing of a false affidavit accompanying the nomination paper amounts to a criminal offence and is punishable under representation of people act, 1951. at the relevant time, the petitioner did not know the fact that the respondent no. 1 was infact indebted to government and there ..... and must lead to rejection of nomination paper. filing of a false affidavit accompanying the nomination paper amounts to a criminal offence and is punishable under representation of people act, 1951. at the relevant time, the petitioner did not know the fact that the respondent no. 1 was infact indebted to government and there .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)ALLMR522; 2007(1)BomCR521; 2006(3)MhLj835
..... date of such conviction and shall continue to be disqualified for a further period of six years since his release.(emphasis supplied)it is evident that the representation of the people act, 1951, makes a provision, although worded in manner different than section 267 of the companies act, to give the disqualification immediate effect. in ..... parliament --(a)to(d)...(e) if he is so disqualified by or under any law made by parliament.' however, reliance on section 11a of the representation of the people act, 1951, by advocate shri sagar is misplaced reliance. the said provision is relating to disqualification for voting, arising out of conviction and corrupt practices. ..... counsel, shri sagar, for the petitioner, has placed reliance upon articles 102 and 103 of the constitution of india read with section 11a of the representation of the people act, 1951. no doubt, these are provisions regarding members of parliament, but are placed reliance upon by the learned counsel in order to persuade us .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)BomCR705
..... and by others: (a) any profanity or impropriety of language; (b) any indecency of dress, dance, movement or gesture; (c) any offensive personation or representation of any individual; (d) anything calculated or likely to excite feelings of sedition or political discontent; (e) anything calculated or likely to cause riot or breach ..... of earning easy money and thereby such girls are involved in immoral activities. the government having considered the complaints received from general public including people's representatives considering the performance of dance in mind in eating houses, permit rooms or beer bars throughout the state.the following calling attention ..... of objects and reasons appended to any legislation are evidence of the legislative judgment. they indicate the thought process of the elected representatives of the people and their cognizance of the prevalent state of affairs, impelling them to enact the law. these, therefore, constitute important factors which amongst others will .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR612; 2007(3)MhLj275
..... model, sign, playcard, board or other document and any announcement made orally or by any means of producing or transmitting light, sound smoke or other audible or visible representation; and(ii) 'physiotherapy' means treatment of any ailment, disease, injury, pain, deformity or physical condition, by massage or other physical means, but does not ..... provides that a registered medical practitioner shall use the full title as 'registered medical practitioner' after his name for the purpose that the patients or the people at large should know that he is a registered medical practitioner allowed to practice medicines. he cannot adopt the abbreviation 'rpm' which may indicate to be ..... large number of poorer sections of the society, the ban imposed on the practitioners like the writ petitioners rendering useful service to the needy and poor people was wholly unjustified. it is not necessary for this court to consider such submissions because the same remains in the realm of policy decision of other .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)BomCR883
..... button for starting the voting machine which resulted in more votes being cast in his favour amounting to corrupt practice under section 123(2) of the representation of die peoples act? -no-19) whether the petitioner proves that the respondent, who runs various educational institutions, derived benefits of the same and got enrolled many ..... of law?-yes-5) whether the petitioner proves that respondent committed corrupt practices as enumerated under the provisions of section 123(1)(a) of the representation of the people act?-no-6) whether the petitioner proves that respondent bribed the voters of village ajang?-no-7) whether the petitioner proves that respondent bribed the ..... raises any adjudicatory and triable issues?-yes-3) whether the petition is bad for non compliance of statutory provisions of section 81(3) of the representation of the people act? if yes, what is the consequence?-no-4) whether the affidavit filed by the petitioner in support of the contentions concerning corrupt practices is .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)BomCR853; 2007(6)MhLj368
..... examination, have filed the instant petitions. 6. it is the submission of both the learned counsel for the petitioners that the high court should be directed to abide by the representation made in clause 6 that all eligible candidates will have to appear for written examination that would be held for the purposes of carrying out the said selection. the learned ..... largest democracy of the world, governed by rule of law under the written constitution, judiciary is the sentinel on the qui vive to protect the fundamental rights and protect the people from any violation of law and grant them justice. the concept of judicial independence, being a wider concept, indicates independent functioning of every judge, free of fear, interference and breaches .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(5)ALLMR705; 2007(6)BomCR214; (2007)109BOMLR1906; 2007(6)MhLj633
..... in the decisions rendered while deciding election petitions under representation of people act may not be applicable to the matters pertaining to disqualification references under disqualification act, 1987. at the cost of repetition, we may ..... petition was only evidence of the pleadings incorporated in the petition.in fact, we have commenced discussion regarding the difference in the schemes under representation of people act and disqualification rules, 1987, with our own conclusion that there are striking differences and, therefore, the ratio, conclusions or analogy ..... counsel and having gone through the reported judgments of the supreme court, all considering the provisions of sections 81 to 83 of the representation of people act, 1951, we feel that dispute can be resolved by considering following question:whether copies of documentary evidence accompanying the reference petition can .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR96
..... order to fill up the vacuum left due to non-legislation by parliament. it is high time that the parliament should consider amending the representation of the people act, 1951 by incorporating disqualification of the candidate for furnishing wrong or incomplete information and suppressing material information about the assets and liabilities of ..... of india had undertaken comprehensive study of the measures required to expedite hearing of election petitions and to have a thorough review of the representation of the people act, 1951 so as to make the electoral process more fair, transparent and equitable. the law commission made recommendation for debarring a ..... been materially affected. he submitted that the nomination paper filed by r-1 was rightly accepted by r-10. he submitted that neither the representation of people act, 1951 nor the rules, orders, instructions issued thereunder contained any provision regarding disqualification of a candidate due to filing of defective affidavit or .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR223; 2008(6)MhLj391
..... provision pari materia to section 100(1)(d) of the representation of peoples act. the provisions of the maharashtra co-operative societies act, 1960, are primary provisions relating to process of election in exercise of powers conferred under ..... under:11. the laws relating to municipalities, gram panchayats and even with regard to non-specified and non-notified societies do not contain provisions alike the representation of peoples act. however, rule 81 of the maharashtra specified co-operative societies election to committee rules, 1971 (hereinafter referred to as 'the rules') is a ..... mh.l.j. 659.9. admittedly, there is no provision in the act pari materia to section 100(1)(d) and the other provisions of representation of peoples act, 1951 which require that the co-operative court should examine the concept of 'election being materially affected' by the irregularities, illegalities or other statutory .....
Tag this Judgment!