Brother-in-Law Contractor: Presumption of Interest in Municipal Contracts?

2000 0 Supreme(Raj) 292

There is no iota of evidence to show any interest, directly or indirectly, of the petitioner in those alleged contracts. The record consists mostly the complaints of persons representing the political parties to the Authorities that petitioner was favouring his brother. ... There was no charge against the petitioner that he had directly or indirectly gained any financial interest, share etc. in the work done, even if any, by his brother. ... Consider....

1911 0 Supreme(Nagpur) 3

Incidentally, he was also subject to the Berar Municipal Law, section 146 (1), whereof runs as follows:-- ... If any member officer, or servant of a Committee is otherwise than with the permission in writing of the Commissioner, directly or indirectly interested in any contract made ... It was said that the above case would show that the Courts are jealous and stringent in imposing restrictions upon the carrying on of trade by public servants and that they will go as far as possible in....

The former was a case under section 12 (1) (c) of the Municipal Corporation Act of 1882, the material words of which are:-"has directly or indirectly by himself or his partner any share or interest in any contract with or on behalf of the Council." ... - The respondent, a nominated member of the Hatton-Dikoya Urban District Council, was charged under section 237 of the Local Government Ordinance, No. 11 of 1920, with being concerned or interested in certain contracts#....

He said this with reference to the wording of section 12 (1) (c) of the Municipal Corporations Act, 1882, where the words were " has directly or indirectly by himself or his partner any share or interest by himself of his partner in any contract with, by, or on behalf of the Council "; he held that ... The section penalizes any member, officer, or servant of the Council " who shall be either directly or indirectly concerned in any contract or work made with or executed for the Council." ... The off....

2015 0 Supreme(Kar) 406

Assembly, the State Legislative Council, the Municipal Council, the Municipal Corporation, Town Panchayat, Zilla Panchayat or Grama Panchayat as the case may be.] ... On the other hand with regard to the allegation that favours were shown to her brother, he has concluded that no evidence has been produced by the complainant that H.B.Shivamurthy happens to be the brother of the petitioner. ... Similarly, she pleaded that her brother, H.B.Shivamurthy has been a #HL_STAR....

Rigby L.J. in construing section 42 observes at page 612 :   " As to the meaning of s. 42, the important point for decision is whether a corporators or shareholder of an incorporated company is or is not interested directly or indirectly in any contract entered into with the corporation or ... -The respondent is disqualified by contracts P5 and P3 for being a Member of Parliament, in view of section 13 (3) (c) of the Ceylon (Constitution) Order in Council, 1946. As a shareholder o....

1930 0 Supreme(Cal) 333

In these circumstances it is too much to say that they were not interested in the firm either directly or indirectly. ... Section 57 "have an interest directly or indirectly." ... My learned brother has learnedly discussed the English law on the point and I entirely agree with the observations made by him. I will however try to construe Section 57, Bengal Municipal Act, as it stands. ... The learned District Judge who heard the case on appeal pointed....

1934 Supreme(SRI)(SC) 12

The former was a case under section 12 (1) (c) of the Municipal Corporation Act of 1882, the material words of which are:-"has directly or indirectly by himself or his partner any share or interest in any contract with or on behalf of the Council." ... POYSER J.- The respondent, a nominated member of the Hatton-Dikoya Urban District Council, was charged under section 237 of the Local Government Ordinance, No. 11 of 1920, with being concerned or interested in ....

1928 Supreme(SRI)(SC) 33

He said this with reference to the wording of section 12 (1) (c) of the Municipal Corporations Act, 1882, where the words were " has directly or indirectly by himself or his partner any share or interest by himself of his partner in any contract with, by, or on behalf of the Council "; he held that ... The section penalizes any member, officer, or servant of the Council " who shall be either directly or indirectly concerned in any contract or work made with or executed for the Council." ... The off....

2005 0 Supreme(Bom) 42

There is no iota of evidence to show any interest, directly or indirectly of the petitioner in those alleged contracts. The record consists mostly the complaints of persons representing the political parties to the Authorities that petitioner was favouring his brother. ... There is no dispute to the fact that Jawari Lal Tak is the real brother of the petitioner, but he does not qualify either of these four terms used by the legislature and there is no direct or indirect evidence that p....

2023 0 Supreme(Bom) 80

There is nothing in the evidence of this case to suggest that this presumption is rebutted directly or indirectly by the appellant. Therefore, this document is duly proved by the prosecution and hence it is established beyond reasonable doubt that date of birth of the victim was 6.4.2001. Hence, she was below 18 years of age on the dates of the incidents and, therefore, her consent was immaterial even if it is assumed that it was there. Besides this, there is also a presumption under Section 79 of the Evidence Act.

2021 0 Supreme(Bom) 497

67. Various provisions of Pension Scheme relied upon by the BMC are already dealt with in various judgments. No second look is required by this Court to the principles of law already laid down in those judgments. What cannot be done directly cannot be done indirectly. What cannot be done directly cannot be done indirectly. In our view, the Municipal Corporation is seeking second review of the said judgment in case of Anuradha Jayant Gangakhedkar (supra) directly or indirectly which is not permissible in law. No second look is required by this Court to the principles of law ....

2021 0 Supreme(Ker) 417

(e) he becomes disqualified by an order of a court or the Tribunal; (c) he acts in contravention of the provisions of section 184 relating to entering into contracts or arrangements in which he is directly or indirectly interested; (d) he fails to disclose his interest in any contract or arrangement in which he is directly or indirectly interested, in contravention of the provisions of section 184; (b) he absents himself from all the meetings of the Board of Directors held during a period of twelve months with or without seeking leave of absence of the Board;

2020 0 Supreme(Mad) 2217

(b) he absents himself from all the meetings of the Board of Directors held during a period of twelve months with or without seeking leave of absence of the Board; (c) he acts in contravention of the provisions of section 184 relating to entering into contracts or arrangements in which he is directly or indirectly interested; (d) he fails to disclose his interest in any contract or arrangement in which he is directly or indirectly interested, in contravention of the provisions of section 184; (e) he becomes disqualified by an order of a court or the Tribunal;

2019 0 Supreme(Bom) 703

If there is no compliance with these mandatory provisions and to be found in the same legislation, then, there is no contract and there is no renewal. When it comes to the Municipal property, that can be disposed off only in accordance with the statutory provisions and each of which are mandatory. Thirdly, they rely upon the correspondence carried out in that regard. We have found that there is a law, namely the MMC Act in place which allows the Municipal Corporation to execute contracts.