Court : Andhra Pradesh
Reported in : AIR1961AP50
..... two of the residents of balakrishnapuram, tiruitanj taluk, which was till the 1st of april, 1930 a part of chittoor district, question the vires of the andhra pradesh and madras (alteration of boundaries) act, 1959, (hereinafter referred to as the 'act' for the sake of brevity). ..... in short, we uphold the validity of the andhra pradesh and madras (alteration of boundaries) act, 1959, since no constitutional infirmity attaches to it.32. ..... the act is instituted the andhra pradesh and madras (alteration of boundaries) act and the preamble says :'an act to provide for the alteration of boundaries of the states of andhra pradesh and madras and for matters connected therewith'.11. ..... ultimately, sri pataskar presented his award on 25-5-1957 proposing certain adjustments with regard to the boundarias between the states of andhra pradesh and madras. ..... a specific provision is made in that behalf in the shape of section 3, which provides ;(a) as from the appointed day, there shall be added to the state of andhra pradesh the territories specified in the first schedule which shall thereupon cease to form part of the state of madras and (b) to the state of madras, the territories specified in tile second schedule which shall thereupon cease to form part of the state of madras and (c) to the state of madras the territories specified in the second schedule which shall thereupon cease to form ..... it is only an interpretation clause and does not clothe the courts with any legislative powers.30. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad42
..... the andhra pradesh and madras (alteration of boundaries) act lvi of 1959, came into force, as provided for under section 1(2) of that act, on the 1st ..... of the legislative council of andhra pradesh or of madras representing a council constituency, the extent of which is altered by virtue of section 16 shall, as from the appointed day, be deemed to have been elected to the said council by that constituency as so altered. ..... it is not in dispute that, under this act, certain areas originally forming part of chittoor district of andhra pradesh (tiruttani and prodattur panchayats) were added to the constituency, madras-cum-chingleput-cum-north arcot district, by retaining the identity of the districts forming the constituency, but enlarging one of the concerned districts by the addition ..... enacted by this section cannot be pressed against the appellant, for the simple reason that, under section 1(2) of the same act lvi of 1959, this section came into force only from 1-4-1960, and the vacancies had already occurred, which related to this election, and nominations had been filed ..... since, as we have already seen, it was central act lvi of 1959 which added the area containing the new voters to this constituency, the real question, if section 100(l)(d)(iv) is to be relied upon, is not merely whether this addition of voters or an area to a constituency midway in the process of election is an regularity or non-compliance with the act and the rules, but also whether the result of the election was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1107; 1982LabIC876; (1982)IILLJ259SC; 1982(1)SCALE342; (1982)2SCC273; [1982]3SCR628; 1982(1)SLJ604(SC); 1982(14)LC445(SC)
..... and 6356 of 1980 who are holders of village offices in tiruttani taluk and pallipatu area have questioned the impugned act on the ground that the state legislature could not pass the law without the previous approval of central government as required by the proviso to sub-section (4) of section 43 of the andhra pradesh and madras (alteration of boundaries) act, 1959 (central act 56 of 1959 ..... section 43 of the andhra pradesh and madras (alteration of boundaries) act, 1959 ..... provisions of chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of andhra pradesh or madras.provided that the conditions of service applicable immediately before the appointed day to the case of any person provisionally or finally allotted to andhra pradesh or madras under this section shall not be varied to his disadvantage except with the previous approval of the central government. ..... (3) every person who is finally allotted under the provisions of sub-section (2) to andhra pradesh or madras shall, if he is not already serving therein, be made available for serving in that stat e from such date as may be agreed upon between the two state governments or in ..... shall by general or special order, determine the state to which every person provisionally allotted to andhra pradesh or madras shall be finally allotted for service and the date from which such allotment shall take effect or be deemed to have taken effect. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD580; 2005(6)ALT824
..... in view of the same, it has been contended that the civil court has no jurisdiction to entertain the suit itself or go into such questions, in view of the bar as contemplated under the provisions of andhra pradesh and madras (alteration of boundaries) act, 1959 and having regard to the special remedy available under article 131 of the constitution of india, since it raises an inter-state dispute.4. ..... few facts, which are necessary for disposal of this revision are that the respondents/plaintiffs, who are residents of kanathala tank and surrounding villages, filed a comprehensive suit seeking for declaration that the suit schedule property consisting of 2584 acres is part of kanathala cheruvu and part of chittoor district of andhra pradesh and consequently for permanent injunction restraining the defendants from interfering with the suit property. ..... contesting the said claim, inter alia, a dispute has been raised from the defendants 4 and 5 of the state of andhra pradesh and the petitioners from the state of tamil nadu by filing separate written statements claiming that the said area forms part of their respective states. ..... on the face of it, a clear-cut dispute arises as to the exact boundary in between the two states and whether the subject matter which is admittedly outside the boundary of state of andhra pradesh forms part of state of tamil nadu. ..... in this revision filed under section 115 c.p.c. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1980Mad149
..... section 3 of the madras estates land act 1908 (madras act i of 1908) as in force iv- the territories specified in the ii schedule to the andhra pradesh, and madras (alteration of boundaries) act 1959 - (central act 55 of 1959). ..... (ii) lakhiraj tenures of land; (iii) any inam recognised and confirmed under section 2 of the pudukottai (settlement of inams) act 1955 (madras act xxiii of 1955), but not including a new inam, estate as defined in clause (9) of section 2 of the inam estates abolition act and situated in the merged territory of pudukottai - (iv) any inam in the transferred territory including any inam governed by the services inams proclamation, dated 13-5-1893, or by section 22 of the madras(transferred territory) incorporated and unincorporated devaswoms act 1959 (madras act 30 of 1959) but not including lands held on any of the ..... as follows:-of land in which 750 kalams of paddy could be sown will have to be calculated for the interpretation of ex. a. 3. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP307; 1965MPLJ252
..... the central government may by order establish one or more advisory committees for the purpose of assisting it in regard to-- (a) the division and integration of the services among the new states and the states of andhra pradesh and madras; and (b) the ensuring of fair and equitable treatment to all persons affected by the provisions of the section and the proper consideration of any representations made bysuch persons. ..... article 3 of the constitution provides that parliament may by law form new states and/or alter areas, boundaries and names of the existing states, and it is, therefore, in the fitness of things that that body may also impartially and equitably divide and integrate the services, so that there may not be any feeling in them that they are not ..... it is pertinent to note that the instructions issued by the government of india for the publication of the final common) gradation lists, even in the view it had taken in regard to the provisions of sub-section (5) of section 115 of the act, were----'(i) as regards procedure for publishing common gradation lists, the government of india agree that the state government will publish the final common gradation lists in its official gazette, after following the procedure ..... were accordingly prepared and published on 12-9-1959, and representations invited against them ..... 9/10/59-sr(s), dated 11-11-1959 and after due consideration and decision by the government of india of the representations made by the petitioners against the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1983; JT1999(3)SC353; (1999)3MLJ85(SC); 1999(3)SCALE129; (1999)4SCC663; [1999]2SCR1010
..... an estate within the meaning of sub-clause (d) of clause (2) of section 3 of the (tamil nadu) estate land act, 1908 (tamil nadu act i of 1908); or(b) a new inam estate as defined in clause (9) of section 2 of the inam estates abolition act; or (c) an estate within the meaning of sub-clause (d) of clause (2) of section 3 of the (tamil nadu) estate land act, 1908 (tamil nadu act i of 1908), as in force in the territories specified in the second schedule to the andhra pradesh and (tamil nadu) (alteration of boundaries) act, 1959 (central act lvi of 1959);12. ..... as zamindaris in the madras regulations of 1802 and 1822, the madras rent recovery act, 1865, the madras proprietary estates village service act, 1894 (madras act ii of 1894) and madras hereditary village officers act, 1895 (madras act iii of 1895) and it ultimately resulted into madras estates land act, 1908.9. ..... his rights; he is secured in the occupancy of his holding from which he cannot be ejected so long as he pays his khist; nor can his khist be enhanced except by suit before the collector; and he is given the right to have the irrigation of his fields secured;looking at both sides it must be admitted that the government has, as far as it lay in its power, discharged with equal ..... interpretation of explanation 1(b) of section 2(11) of the act ..... interpretation of sub-clause (b), explanation 1 to section 2(11) of the act ..... the decisions as how they have understood and interpreted the said relevant provisions including the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj234a
..... appointed day the reorganisation of states took place as provided in the act and as a result thereof the new states of kerala, mysore, bombay, madhya pradesh, rajasthan and laccadive, minkcoyand amindivi islands came to be formed and the territories of the existing states of andhra pradesh and madras came to be altered. ..... if this be the true interpretation of sub-section (5), it must follow likewise that under that sub-section the central government was also entitled to act in connection with the ensuring of fair and equitable treatment to all persons affected by the provisions of section 115 and the proper consideration of any representations made by ..... at that meeting decided to inform the government of india that due regard had already been paid by the committee both in their recommendations made at the meeting held on 22nd june 1959 in the revised recommendations subsequently made by them in respect of the posts in the secretariat of the former state of saurashtra, to the general criteria prescribed for integration of services. ..... deals with formation of new states and alteration of areas, boundaries or names of existing states.this article empowers parliament by law to form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state, or to increase the area of any state, or to diminish the area of any state or to alter the boundaries of any state or to alter, the name of any state. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1997AP275
..... a part of its territory, under the act of the parliament was made a state, later to be merged with another state carved out of the madras state of the british india originally called 'andhra' and after the merger of some parts, of the territory of princely state of hyderabad after reorganisation with the 'andhra' so created, the state of 'andhra pradesh' was formed under the states re-organisation ..... and alteration of areas, boundaries or names of existing states by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state; increasing the area of any state; diminishing the area of any state; altering the boundaries of any state and altering ..... of new states and alteration of areas, boundaries or names of existing states -- parliament may by law - a) form a new slate by separation of territory from any stale or by uniting two or more stales or parts of states or by uniting any territory to a part of any state; b) increase the area of any state; c) diminish the area of any state; d) alter the boundaries of any state; e) alter the name of ..... parliament cannot do so unless before the bill is introduced in either house of parliament, the president makes recommendation for the said purpose and unless, where the proposal contained in the bill affects the areas, boundaries or names of any of the states, the bill is referred by the president to the legislature of that state for expressing its views thereon .....
Tag this Judgment!Court : Chennai
Reported in : (2004)4MLJ380
..... it is submitted by the learned counsel for the petitioners that sub-article (a) to article 3 of indian constitution is applicable to the states formed under sections 5 to 11 of sr act while sub-articles (b) to (e) are applicable for the states of andhra pradesh and tamil nadu and by application of those sub-articles (b) to (e) to article 3, no new state is formed but only in the existing state, either area is increased or diminished or boundaries are altered or there is an alteration in the name of the states. ..... among the states are andhra pradesh, assam, bihar, bombay, kerala, madhya pradesh, madras, mysore, orissa, punjab, rajasthan, uttar pradesh, west bengal and jammu & kashmir. ..... madras the territories which immediately before the commencement of this constitution were either comprised in the provinceof madras or were being administered as if they formed part of that province and the territories specified in section 4 of the states reorganisation act, 1956, but excluding the territories specified in sub-section (1) of section 4 of the andhra state act, 1953 and the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub- section (1) of section 7 of the states reorganisation act. 8. .....
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