Court : Mumbai Aurangabad
..... of 2014: 1. the application is filed by respondent no.1 to raise objection that evidence in chief in the election petition filed under the provisions of the representation of the people act, 1951 cannot be given on affidavit as provided under order 18 rule 4 of the civil procedure code. heard both the sides. 2. the learned counsel for respondent ..... 2441 (kailash v. nanhku); and, (2) air 1982 sc 983 (jyoti basu v. debi ghosal). 3. the relevant portion of the provision of section 87 of the representation of the peoples act 1951 runs as under :- "87. procedure before the high court. (1) subject to the provisions of this act and of any rules made thereunder, every election ..... the case of kailash cited supra at paragraph 45 (iii). that portion is as under: "45(iii) in case of conflict between the provisions of the representation of the people act, 1951 and the rules framed thereunder or the rules framed by the high court in exercise of the power conferred by article 225 of the constitution on .....
Tag this Judgment!Court : Mumbai Aurangabad
..... put objections etc. on 09.04.2013, date was fixed at aurangabad. the petitioner was personally present and gave written representation, requesting to publish public notice in newspaper, giving all details to enable the public at large to raise effective objections. representation was received but not answered nor detail publication was given on the website. 8. respondent no.2 commission has denied ..... appellate tribunal. 11. mr. mantri, the learned counsel further argued that after remand of the matter, a public notice was given. it was without any material particulars which the common people can know. giving of public notice and hearing was a farce. mr. mantri further argued that the work of the commission/respondent no.2 is in the regulatory nature and .....
Tag this Judgment!Court : Mumbai
..... by the borrower. (3-a) if, on receipt of the notice under sub-section (2), the borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate 2[within fifteen days] of receipt of such ..... representation or objection the reasons for non-acceptance of the representation or objection to the borrower: provided that the reasons so communicated or the likely action of the secured creditor at the stage of communication of reasons shall not confer any .....
Tag this Judgment!Court : Mumbai
..... sreerama reddy's case (supra) wherein the apex court held that the provisions of section 29(2) would not apply to the provisions of section 81 of the representation of people act. 13. in ketan v. parekh's case (supra) the apex court was concerned with section 35 of the foreign exchange management act, 1999. the said provision ..... trial of a suit. the apex court then concluded that section 29(2) would have no application to the filing of an election petition inasmuch as the representation of people act is a complete code in itself which does not admit of the introduction of the provisions of the limitation act. 12. the view taken by the ..... election petition could be permitted to be filed beyond the period of 45 days as prescribed by section 81 of the representation of the people act. the apex court adverted to the scheme encompassed within the representation of people act governing the holding of elections, the nature of the right to contest for elections, the reddressal of disputes regarding .....
Tag this Judgment!Court : Mumbai
..... or any of them. therefore, in view of the conduct of the assessing officer, we are compelled to direct the assessing officer to consider and process the petitioner's representation dated 12th august, 2016 and dispose of the same as expeditiously as possible within a period of 8 weeks from today. 12. the petition is allowed in above ..... board of direct taxes and anr. w.p. (c) no.12304/2015 and cm 32604/2015. (f) thereafter, on 12th august, 2016, the petitioner made a further representation to the assessing officer as well as to the principal commissioner of income tax, city-12, inter alia seeking the processing of its return in terms of section 143(1 ..... had annexed form 30 claiming a refund of rs.27.24 crores to the above communication. (d) in the absence of any positive response, the petitioner filed further representations dated 1st june, 2016 inter alia requesting the assessing officer to process the return of income under section 143(1) and grant a consequent refund. this also failed to .....
Tag this Judgment!Court : Mumbai
..... order of detention. hence, assuming that the said documents are illegible, non-furnishing of these documents would not affect the right of the detenu to make an effective representation. it is no more res integra that non-furnishing of documents which are not relied upon by the detaining authority to issue the order of detention would not ..... upon by the detaining authority to issue the order of detention, then non-supply of such document would not affect the right of the detenu to make an effective representation. 17. the last contention raised by the learned counsel is amended ground (viii) which is at page 12c of the petition. it is stated that the original ..... not even know the detenu and the detenu had never demanded any extortion amount from him. the detaining authority in the grounds of detention has clearly stated that people were afraid of the detenu and were not willing to come forward to give any complaint against the detenu. though the detenu has indulged in acts of extortion, .....
Tag this Judgment!Court : Mumbai
..... at paragraph 2 that the statement of facts be considered to be a part of the petition. hence there is a compliance of section 83 of the representation of the people act. c] that the material particulars as regards the corrupt practice committed by the respondent no.6 have been elaborately stated in the election petition and ..... petition and therefore there is no concise statement of facts as mandated by law, and therefore, the election petitioner has not complied with the provisions of the representation of people act. ii] in the affidavit filed in support of the allegations of corrupt practice as required under rule 94a and as prescribed in form 25 of the ..... the following reliefs: (a) that this hon'ble court be pleased to dismiss the above election petition at the threshold for non-compliance with the provision of the representation of people act, 1961 and rules framed thereunder; (b) that this hon'ble court be pleased to strike out paragraphs 3(xxi) and (xxiii) of the election petition. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... ), reported in (2002) 5 s.c.c. 685, while dealing with the question as to whether the election commission, in exercise of powers under section 29-a of the representation of the people act, 1951, acts administratively or quasi judicially, after taking stock of the decisions in (r. v. dublin corporation) 9, (1878) 2 ir. r. 371, (r. v. electricity commrs.) 10 ..... : 1956 crilj 1104, "based on the principle that it is desirable i the larger interests of society that the freedom of movement and residence of a comparatively fewer number of people should be restrained so that the majority of the community may move and live in peace and harmony and carry on their peaceful avocations untrammeled by any fear or threat .....
Tag this Judgment!Court : Mumbai Nagpur
..... and the residents in the area covered by the scheme, formed the association, viz. buty mahal merchants and professional tenants association ( association ), and started making representations to the nit for protection of their interests and giving suggestions for amicable resolution of the issue. 6. it was the demand of the association to purchase the ..... nit. the land owners, viz. buty family, also expressed their willingness to hand over the properties in the interest of the scheme for betterment of people and requested for compensation at the prevailing prices of the lands on the date of notification. the land owners requested for allotment of reconstituted plot and showed ..... decision on preliminary objections : 30. before dealing with the controversy on the merits of the matter, we would like to dispose of the preliminary objections. the representation dated 21-12-2011, to which shri m.g. bhangde has made a reference, was submitted prior to the sanction of the layout and the grant of .....
Tag this Judgment!Court : Mumbai Nagpur
..... utility land was apparent to everybody, it follows that for a diligent mind it was a cause to inquire. petitioners could have shown their diligence by submitting representations and knocking the doors of courts, if the same were found not effective. petitioner could have stopped the development, protected public property, public money as also ..... it can not be put to any other use, otherwise the whole infrastructure will be a wastage. it is definitely catering to needy people and if we do not find any thing wrong in change of user, and, therefore with the commercial exploitation of plot is as per mrtp act, then the ..... activity being carried on suit plot is a hospital and not a shop or any commercial office or blocks where different types of the businesses function and hence, people with varying background visit the premises. hospital is a specialized activity where patients only visit, needing peculiar facilities and its raising requires huge amount. once erected, .....
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