Judgment Search Results Home > Cases Phrase: the uttaranchal the uttar pradesh state legislature prevention of disqualification act 1971 amendment act 2006 Page 1 of about 73 results (0.154 seconds)

Adv. Aires Rodrigues Vs. the State of Goa by Its Chief Secretary and o ...

Court : Mumbai

Reported in : 2009(111)BomLR737

..... such an approach was held to be supported by the provisions of karnataka legislature (prevention of disqualification) act, 1956 as well as representation of people act, 1951. ..... even the parliament (prevention of disqualification) act, 1959 provides that the office of the `parliamentary secretary' in so far as it is an office of profit under the government of india or government of the state has been saved from the disqualification.20. ..... the west bengal legislature (removal of disqualifications) act, 1952.what to talk of these states in india, even the government of punjab, pakistan issued an ordinance, the punjab parliament secretaries salary, allowances and privileges ordinance, 2002.15. ..... the ministers of state act 1952 (cth), as amended by the ministers of state and other legislation amendment act 2000 (cth), provides that the number of ministers of state must not exceed, in the case of those designated upon appointment as parliamentary secretary, twelve, and in the case of those not so designated, thirty. ..... 2006 (1) s l c 60, a division bench of the himachal pradesh high court was concerned with challenge to the appointment of parliamentary secretaries of the elected members from the legislative assembly of that state. ..... the parliamentary secretary (payment of special allowance and prevention of disqualification) act, 1971. .....

Prashant Kumur Katiyar and Etc. Vs. State of U.P. and Others

Court : Allahabad

..... the contrary contained in the intermediate education, 1921 or the regulations made there-under but [subject to the provisions of [sections 12, 18, 21-b, 21-c, 21-d, [21-e, 21-f], 33, 33-a, 33-b, 33-c, and [33-f], every appointment of a teacher, shall on or after the date of the commencement of the uttar pradesh secondary education services selection board (amendment) act, 2001 be made by the management only on the recommendation of the board ..... the appointments on the post of teachers and in order to get the best standard material amongst teachers the state legislature came up with the ..... colleges (payment of salaries of teachers and other employees) act, 1971, 75 percent posts shall be filled up by direct recruitment and the remaining 25 percent posts shall be filled by promotion from amongst those trained graduate teachers of attached primary section who have completed 5 years of satisfactory service:provided that if in any year of recruitment suitable eligible candidates are not available for recruitment by promotion, the posts, may be filled in by direct recruitment: provided ..... we would like to therefore make it clear that in order to prevent any misuse, since the mode of recruitment in a minority institution is not through the selection board, a teacher of a minority institution would not be entitled for appointment by way of ..... (3) scc 47 and in the case of state of uttaranchal and others vs. ..... sharma, 2006 scc (l and s) 565 : 2006 (2) awc 1452 (sc): (2006 air scw 1985 : 2006 (3) .....

Election Commission of India Vs. Bajrang Bahadur Singh and Ors.

Court : Supreme Court of India

..... the governor of uttar pradesh made a declaration in exercise of the authority conferred under article 192 of the constitution of india that the petitioner incurred the disqualification stipulated under section 9a of the representation of the people act, 1951 (hereinafter referred to as "the ..... qualification for membership of the state legislature - a person shall not be qualified to be chosen to fill a seat in the legislature of a state unless he- (a) is a citizen of india, and makes and subscribes before some person authorised in that behalf by the election commission an oath or affirmation according to the form set out for the purpose in the third schedule; (b) is, in the case of a seat in the legislative assembly, not less than twenty-five years of age and in the case of a seat in the legislative council, not less than thirty years ..... the main questions which were debated by this court in that case were (i) whether a member of the parliament is a public servant within the meaning of section 2(c) of the prevention of corruption act, 1988, and, therefore, whether any sanction was required for prosecuting such a person under the said act, (ii) if sanction is required, who is the competent authority to grant the ..... the circumstances, it is difficult to accept the submission of the learned counsel for the petitioner on the basis of the objects and reasons appended to the amendment act ..... 2006(2) scc682 once again this court had an occasion to deal with section 9a and the ..... mitter, (1971) 1 .....

Kuldip Nayar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1

..... the said amendment also added sub-articles (2) to article 102 and 191 that pertained to disqualifications for membership of the houses of parliament and houses of state legislature ..... already said in mohinder singh gill (supra) and what bears reiteration here is that the limitations on the exercise of 'plenary character' of the election commission include one to the effect that 'when parliament or any state legislature has made valid law relating to or in connection with elections, the commission, shall act in conformity with, not in violation of, such provisions'.the submission of learned counsel for the writ petitioners is that the amendment violates the constitution, which recognize the right to vote as a constitutional right, a facet of article 19(1)(a) and ..... the president of india had made a reference under article 143(1) to this court against the backdrop of a dispute involving the legislative assembly of the state of uttar pradesh and two judges of the high ..... this secrecy is subject to a condition essential to the due administration of justice and the prevention of fraud, forgery, and other illegal acts affecting the purity and legality of elections. ..... : [1971]2scr611 , the election of the first respondent to the mysore legislative assembly had been challenged, amongst others, on the ground that he had ceased to be a person 'ordinarily resident' within the jamkhandi constituency and thus questioning the validity of entry of his name on the electoral roll for that ..... , 1971, .....

Samatha Vs. State of A.P. and ors.

Court : Supreme Court of India

Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305

..... the power to make regulations also includes the power to repeal or amend any act of parliament or of the state legislature or any existing law which may, for the time being, be applicable to the scheduled area. ..... part iii was applicable to the state of united provinces (now known as uttar pradesh) para 12 provided as under: (2) the governor may also make regulations so as to prohibit the transfer of any land in a scheduled area in the state by a member of the scheduled tribes to any person who is not a member of the scheduled tribes. ..... this negative answers leads to effectuate the constitutional objective to preserve the land in the scheduled area to the tribals, prohibits the government from allowing their land to the non-tribals; prohibit infiltration of the non-tribals into the scheduled area and prevents exploitation of the tribals by non-tribals in any form. ..... on account of this disqualification, the government cannot, even if it is not a person within the meaning of para 3 (1) (a), transfer, let out or allot its land or other immovable property to a non-tribal. ..... in 1971, an amendment was made to exempt hypothecation of lands by tribes to the co-operative land mortgage banks and other financial institutions approved by the government, subject to certain conditions. ..... the lease was executed on september 11, 1986 and it is to expire on september 10, 2006. .....

Niraj Vikas Pabale and ors. Vs. the Tahsildar and ors.

Court : Mumbai Nagpur

..... apex court in (2010)10 scc 320 (state of uttar pradesh vs. ..... . on 10th january, 1990, the government of maharashtra, by virtue of the powers vested in it under the provisions of the maharashtra municipal councils, nagar panchayat and industrial townships act, 1965 (for short the municipalities act) issued a notification declaring that with effect from 10th january, 1990 the area within the limits of the revenue village and gaothan of village shirdi would be a ..... submit list of all such elected representatives and officer bearers, officers, employees of all these bodies, authorities found prima-facie involved to this court with nature of action --disciplinary as also for disqualification, proposed to be undertaken against them ..... . but then, along with pursis later on amended as submission (not supported by any affidavit), the respondent no.5 has filed documents in purported compliance with orders of this court ..... words what attains finality in accordance with law cannot be permitted to be re-agitated or reopened except in the larger social interest of preventing a person from practicing deceit. ..... . only inference possible is legislature has permitted gram panchayat to use said power in relation to existing gaothan or then new village site as per extension rules and other places are excluded ..... . this plan is shown as sanctioned on 19/8/2006 but then there is no location map or layout plan to understand placement inter-se of these 6 plots or the part of 4 storied building which individually .....

Ravi Yashwant Bhoir Vs. the Collector, District Raigad and

Court : Supreme Court of India

Reported in : (2012)4SCC407

..... in the discharge of his official duties or being guilty of any disgraceful conduct while holding or while he was holding the office of the president or vice-president, as the case may be, the state government may,- (a) disqualify such councillor to continue as a councillor for the remainder of his term of office as a councillor and also for being elected as a councillor, till the period of six years has elapsed from the order of such disqualification; ..... state of uttar ..... that the object underlying the rules of natural justice is to prevent ..... the right to hold such a post is statutory and no person can claim any absolute or vested right to the post, but he cannot be removed without strictly adhering to the provisions provided by the ..... the municipalities have been conferred constitutional status by amending the constitution vide 74th amendment ..... the extent of 1140 square meters for their hospital and you are the trustee of the said trust.municipal council had issued notice dated 17.10.2006 for demolishing ..... the director and commissioner, directorate of municipal administration, providing for the procedure for inviting tenders and then straightaway without giving any reason, finding is recorded as under:"out of the 3 tenders received for installation of 300 mm diameter pipeline for outlet and inlet of gsr tank at sarvodayawadi and town hall of uran municipal council, lowest tender is accepted as per clause 171 of the maharashtra municipal council accounts code, .....

Ayaaubkhan Noorkhan Pathan. Vs. the State of Maharashtra and ors.

Court : Supreme Court of India

..... if 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 the parliament. ..... , air 2008 sc 876; this court considered a case under the public premises ( eviction of unauthorised occupants) act, 1971 and held as follows :-"if some facts are to be proved by the landlord, indisputably the occupant should get an opportunity to cross- examine. ..... , air 2010 sc 142; and state of uttar pradesh v. ..... , (2006) 6 scc 94, this court while dealing with a case under the provisions of companies act, 1956, while considering complex issues regarding the markets, exchanges and securities, and the procedure to be followed by special tribunals, held as under :"while it may be true that the special court has been given a certain amount of latitude in the matter of procedure, it surely cannot fly away from established legal principles while deciding the cases before it. ..... such view, stands fully affirmed particularly, in view of the amended provisions of order xviii, rules 4 & 5 cpc. ..... , (2010) 2 scc 114; state of uttaranchal v. .....

Gowri Spinning Mills (P.) Ltd. Vs. Assistant Provident Fund Commission ...

Court : Chennai

Reported in : (2007)ILLJ140Mad

..... comp cas 514 considered the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, vis-a-vis section 22(1) of the sica and rejected the argument that wages and terminal benefits to which workers are entitled are not payable until permission is obtained from the bifr. ..... , the division bench of the andhra pradesh high court has considered the provisions of the epf act vis-a-vis section 22(1) of the sica and held that the rights of the employees under the provident fund scheme are protected and the proceedings under the epf act do not come within the purview of the provisions of section 22(1) of the sica ..... the amended section 14b of the epf act which empowers the central provident fund commissioner to recover damages where default had been committed in the payment of any contribution to the fund and such damages can be reduced or waived in respect of a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the bifr, but no protection has been provided thereunder as regards the contribution of the employees and/or the ..... the view of the uttaranchal ..... the bench, held as follows (page 418 of 108 comp cas):the scheme framed under the epf act, for the welfare of the workmen is in consonance with the directive principles of state policy contained in part iv of the constitution and such scheme, in our opinion, cannot be allowed to be defeated by the operation of the provisions of section 22(1) of the .....

Sharad J. Rao Vs. Subhash Desai and ors.

Court : Mumbai

Reported in : 1991(4)BomCR156

..... the blunt thoughts of shiv-sena chief over separatist tendencies in punjab and kashmir and offering of namaz prayers on the roads in an undisciplined and uncontrolled manner, and the status of state language given unjustly to the urdu language in the uttar pradesh have been intermixed at places, in the cassettes .......hindutva is the nationalismin this video cassette the sena chief once again puts forth clearly that 'hindutva' is nationalism and shiv-sena is opposed to anti-national muslims ..... deadline the electoral roll of a constituency cannot be interfered with and no one can go behind the entries except for the purpose of considering disqualification under section 16 of the 1950 act.the election could be set aside only on the grounds mentioned in section 100 of the 1951 act. ..... open to a candidate in the course of his election campaign to criticise the policies of the government including its language policy and to make promises to the electorate that if elected he will secure a reversal of that policy or will take measures in the legislature to undo the danger, real, apprehended or even fancied, to the language of the people.97. ..... of the representation of the people act, 1950 provides that no amendment, transportation or deletion of any entry shall be made and no direction for the inclusion of a name in the electoral roll of a constituency shall be given after the last date for making nominations for an election in that constituency and before the completion of the election. .....