Court : Mumbai Nagpur
..... prescribed by the code of civil procedure. 3. before proceeding to deal with the controversy in respect of pleading of material facts, the relevant provisions of the representation of the people act, 1951 in respect of the nomination of the candidates need to be seen, which are incorporated in part v of conduct of elections, and chapter i ..... an offence(s) (other than any offence(s) referred to in subsection (1) or subsection (2) or covered in subsection (3), of section 8 of the representation of the people act, 1951 (43 of 1951) and sentenced to imprisonment for one year or more. if the deponent is convicted and punishable as aforesaid, he shall furnish the ..... constituency, nagpur and the election of the respondent no.1 i.e. returned candidate is void due to noncompliance of the provisions of constitution of india, the representation of people act as well as the rules and orders framed there-under and the other laws. ? it is not necessary to reproduce the other prayer clauses made in .....
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..... 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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..... 2. shri m. r. joharapurkar, the learned counsel for the petitioner submitted that while considering provisions of section 9a read with section 7(a) of the representation of the people act, 1951 (for short, the said act), it would also be necessary to consider the provisions of the vidarbha irrigation development corporation act, 1997 (for ..... the said issue 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 ..... .1 was a 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 .....
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..... section 19(a) of the representation of the people act, 1950 lays down that every person who is not less than 18 years of age on the qualifying date is entitled to be registered in the electoral ..... the constituency of the assembly as is included in a ward or in a village, the electoral roll of the maharashtra legislative assembly prepared under the provisions of the representation of the people act, 1950 and in force on the day on which such notification is issued, shall be treated as the list of voters for such ward or village. ..... . it is submitted that as per section 12 of the maharashtra village panchayats act, the electoral roll of the maharashtra legislative assembly prepared under the provisions of the representation of the people act, 1950 is used for the purposes of elections of gram-panchayat. the learned advocate has pointed out that as per section 19(a) of the .....
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..... expunged by operation of law, respondent no. 7 is reinstated and restored back to his seat again on 13.10.2015. 29. section 8(3) of the representation of the people act, 1951, reads as under: 8(3). a person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence ..... jurisdiction and unconstitutional. writ is sought to respondent no. 1 to immediately initiate process for bye-election from umred constituency as mandated under section 151 of the representation of the people act, read with its section 151a. by inviting attention to policy decisions incorporated in letters dated 07.08.2013 and 13.10.2015, a writ is also ..... the declaration is claimed under article 191 (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 .....
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..... victim was made to believe that accused no.2 was an employee of his father and that he was called in the clinic and under such belief on the said representation, the victim was kidnapped and murdered. as such, circumstance no.10 would be fully available in the present case. aggravating circumstance no.11 : as already held hereinabove ..... lordships of the apex court observed thus: we are of the opinion that the offences committed by henry, the originator of the idea of kidnapping children of rich people for extracting ransom, are very heinous and preplanned. he had been attempting to extract money from the unfortunate boy's father, pw-23 even after the boy had ..... the it act, it is stated thus: new communication systems and digital technology have made drastic changes in the way we live. a revolution is occurring in the way people transact business. in fact, there is a revolution in the way the evidence is produced before the court. properly guided, it makes the systems function faster and more .....
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..... mathadi act for reconsideration of the impugned order. it has also been brought to our notice by the learned counsel for the petitioner that there is yet another representation dated 29/12/2011 (annexure k ?) made to the same board making a composite request for reconsideration of the rates fixed under the impugned order as well ..... that decision is burdensome for it. 18. mr. pillai, learned counsel further submits that so far as financial capacity argument is concerned, no data, except for one representation regarding finalization of wage revision dated 3/5/2011, which was devoid of any relevant data, was placed before respondent no.1. therefore, learned counsel further submits, now ..... submits, over a period of time, the rates of wages payable to mathadi workers saw steep rise so much so that petitioner was required to make a representation to respondent no.1 in the year 2004 for reduction in the rates of wages as they were going beyond the financial capacity of the petitioner. since, by .....
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..... order as bad in law on the ground that respondent no.4 was a nominated councilor and not an elected councilor and his appointment could not have been considered as representation of people. therefore, he submitted that the order is needed to be quashed. learned counsel for the petitioner contended that a group leader has to be appointed by the councilors of ..... , the impugned order was in violation of principles of natural justice as the group leader was a coopted councilor and not an elected councilor and was not duly elected by people. thus, the impugned order was assailed as against democratic policy and rationale of the act and rules there-under. according to the petitioner, mere communication by the district president of .....
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..... jurisprudence has sanctioned its prevalence even like the anglo-american system." 11. in the light of the principle discussed as above, joint charity commissioner can consider the representation of the appellant in this regard to settle the controversy in the larger interests of the public trust to accommodate the members accordingly by giving the members the ..... to order that the proceedings be remanded before the joint charity commissioner concerned to give opportunity of hearing to the appellant and to decide the representation of the appellants in accordance with law bearing in mind the principles stated above the second appeal is allowed and disposed of accordingly. ..... adjudication, to make fairness a creed of life. it has many colours and shades, many forms and shapes and, save where valid law excludes it, applies when people are affected by acts of authority. it is the hone of healthy government, recognised from earliest times and not a mystic testament of judge-made law. indeed, from .....
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