Back
PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
Poonam – Appellant
Versus
Dule Singh – Respondent
JUDGMENT :
ATUL S. CHANDURKAR, J.
1. The petitioner suffered a conviction under Section 138 of the Negotiable Instruments Act, 1881. She, however, failed to disclose her conviction in the nomination form for the election to the post of Councillor. Her election was challenged by the first respondent, and the trial Court unseated her from the post of Councillor holding her to be disqualified under the provisions of The Madhya Pradesh Municipalities Act, 1961. The revision application preferred by the petitioner having been dismissed, she has preferred the present Special Leave Petition.
2. In the elections held for the post of Councillor at Nagar Parishad, Bhikangaon, the petitioner came to be elected from Ward No.5 securing the highest number of votes. Notification to that effect dated 04.10.2022 came to be issued. The first respondent filed an election petition under Section 20 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter, “the Act of 1961”) read with The Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994 (hereinafter “the Rules of 1994”) and sought a declaration that the petitioner be held disqualified for holding the post of Councillor and that her seat be declared as
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
