Judgment Search Results Home > Cases Phrase: assam reorganisation meghalaya act 1969 section 13 power of election commission to maintain delimitation orders up to date Page 1 of about 8 results (0.175 seconds)

Khroksila Nongkhlaw Rngi Umsning Vs. State of Meghalaya and ors.

Court : Guwahati

..... meghalaya attained full statehood formed of the following--(a) the territories which immediately before that day were comprised in the autonomous state of meghalaya formed under section 3 of the assam reorganization (meghalaya) act, 1969 ..... 6th schedule of the constitution of india as well as to the assam reorganization (meghalaya) act, 1969, and north eastern area reorganization act, 1971, mr. ..... this transition of the land having been affirmed by the judgment and order dated 28.7.1997 passed in civil reference 1 (sh)/91, the petitioner's claim of ownership and/or compensation/rent ..... affidavit while claiming that the land in question fell within the tribal areas of the autonomous district over which the council exercises its jurisdiction maintained that the petitioner had approached it for issue of land record documents in respect thereof and that the process related thereto is in progress. ..... on a survey of the constitutional as well as legislative evolutions and taking note inter alia of the indian independence act, 1947, concluded that all powers, rights, authority or jurisdiction in respect of tribal areas vested in the new dominion of india after the lapse of british paramountcy and with the merger of the khasi states in assam and the emergence of the full fledged state of meghalaya, it (state of meghalaya) became the successor government with full suzerainty and sovereignty. ..... this court in the exercise of its power of judicial review, therefore, is disinclined to interfere with .....

Commissioner of Income-tax Vs. Smt. A.M. Marbaniang

Court : Guwahati

..... of meghalaya came into existence by virtue of the assam reorganisation (meghalaya) act, 1969 (for short, 'the 1969 act'). ..... (2) any reference in the table below to any district shall be construed as a reference to the territories comprised within the autonomous district of that name existing immediately before the day appointed under clause (b) of section 2 of the north-eastern areas (reorganisation) act, 1971 : provided that, for the purposes of clauses (e) and (f) of sub-paragraph (1) of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2), clauses (a), (b) and (d) of sub-paragraph (3) and sub-paragraph (4) of paragraph 8 and clause (d) of sub-paragraph (2) of paragraph ..... since section 10(26) refers only to the table, for the purpose of understanding as to what are the areas in which a member of the scheduled tribe is required to reside in order to be eligible for the benefit of section 10(26) of the act, reference must be made only to the areas as are specified in the table appended to paragraph 20 and not to any other provision ..... tad/r/35/50/109, dated the 23rd february, 1951, issued by the governor of assam under the proviso to sub-paragraph (3) of the said paragraph 20 (as it stood immediately before the commencement of the north-eastern areas (reorganisation) act, 1971 (18 of 1971)), any income which accrues or arises to him,-- (a) from any source in the areas, states or union territories aforesaid ; or (b) by way of dividend or interest on securities ; .....

District Council of the Jowai Autonomous Distt., Jowai and ors. Vs. Dw ...

Court : Supreme Court of India

Reported in : AIR1986SC1930; [1987]169ITR468(SC); 1986(2)SCALE240; (1986)4SCC38; [1986]3SCR569

..... by the assam reorganisation (meghalaya) act, 1969 (act 55 of 1969) the autonomous state of meghalaya was formed within the state of assam comprising the territories which formed part of the autonomous district of united khasi-jaintia hills including jowai autonomous district and ..... april 20, 1968 the executive committee of the district council issued the impugned notification which is set out above in exercise of its powers conferred by section 8 of the act, fixing the rates of royalty chargeable on the different types of timber mentioned therein at the rates specified in it.5. ..... contended that even if it could not levy a tax, such amount can be realised by way of fee in order to meet the expenses incurred by the district council in connection with the management and control of the private forests. ..... the forests in question were private forests and further held that the district council had no constitutional authority to impose either royalty or tax or fee on private forests and that the notification dated 20th april, 1968 issued under section 8 of the act was ultra vires and not sanctioned by the sixth schedule of the constitution. ..... shall be a district council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the governor and the rest shall be elected on the basis of adult suffrage. ..... contended that the forests in question were not private forests and so the respondents could not maintain the petition at all. .....

District Council of the Jowai Autonomous Distt. and Others Vs. Dwet Si ...

Court : Supreme Court of India

Reported in : [1988]169ITR468(SC)

..... 'by the assam reorganisation (meghalaya) act, 1969 (act 55 of 1969), the autonomous state of meghalaya was formed within the state of assam comprising of the territories which formed part of the autonomous district of united khasi jaintia hills including jowai autonomous ..... to the appellants (respondents in the writ petitions) restraining them from realising royalty from the respondents in respect of timber extracted by them from the two forests referred to above.aggrieved by the judgments/orders passed by the high court in the said writ petitions, the district council and others who were respondents in the writ petitions, have preferred these appeals to this court by special leave.the autonomous ..... subsequently, on april 20, 1968, the executive committee of the district council issued the impugned notification which is set out above in exercise of its powers conferred by section 8 of the act fixing the rates of royalty chargeable on the different types of timber mentioned therein at the rates specified in it.in these appeals, we are concerned with the ..... for/68/26 dated, jowai, april 20, 1968.in exercise of the powers conferred under section 8 ..... a district council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the governor and the rest shall be elected on the basis of adult suffrage. ..... the forests in question were not private forests and so the respondents could not maintain the petition at all. .....

In Re Article 370 Of The Constitution

Court : Supreme Court of India

..... reorganisation act 1960 351 state of nagaland act 1962 352 north-eastern areas (reorganisation) act 1971 353 assam reorganisation (meghalaya) act 1969 354 punjab reorganisation act 1966 355 madhya pradesh reorganisation act 2000 356 constitution (thirty-sixth amendment) act ..... to- (a) appointment, powers, functions, duties, emoluments, allowances, privileges or immunities of the governor; or (b) superintendence, direction and control of elections by the election commission of india, eligibility for inclusion in the electoral rolls, without discrimination, adult suffrage and composition of the legislative council being matters specified in sections 138, 139, 140 ..... which has the financial, administrative and technical resources to sustain itself.331 it stated that each state should be able to establish and maintain institutions to educate and equip its people to carry out the various functions that it would be required to undertake.332 it recommended the ..... state shall be divided into single-member territorial constituencies by the delimitation commission constituted under 290 incorporation, regulation and winding up of corporations whether trading or not, with objects not confined to one state but not ..... constitution, the president may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the .....

Holiram Terang Vs. State of Assam and ors.

Court : Guwahati

..... meghalaya, has submitted that the provision of sub-paragraph (2) of paragraph 16 is a constitutional provision and the constitution maker in its wisdom has incorporated this sub-paragraph (2) by the assam reorganisation (meghalaya) act, 1969 ..... commission appointed under paragraph 14 of this schedule by public notification order the dissolution of a district or a regional council, and - (a) direct that a fresh general election shall be held immediately for the reconstitution of the council, or (b) subject to the previous approval of the legislature of the state assume the administration of the area under the authority of such council himself or place the administration of such area under the commission ..... the continuance in force of such a proclamation is passed by both houses of parliament, the proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operate, but no such proclamation shall in any case remain in force for more than three years: provided further that if ..... on in accordance with the provisions of this schedule, he may, by public notification, assume to himself all or any of the functions or powers vested in or exercisable by the district council or, as the case may be, the regional council and declare that such functions or powers shall be exercisable by such person or authority as he may specify in this behalf, for a period not exceeding six months: provided that the .....

Hispreacheringson Shylla Vs. Khasi Hills Autonomous District Council a ...

Court : Guwahati

..... paragraph 2(6)(e) in the assam reorganization (meghalaya) act, 1969 has categorically and unambiguously evinced an intention, expressly, to deal with the subject of prescribing the term of the office of elected members of the district council and also an intention, by necessary implication, to cover a subject touching upon curtailment the term of office of such elected members by disqualification or ..... the order dated 18.4.2008 issued by the chairman, khasi hills autonomous district council under section 3 of the impugned act ..... delimitation of territorial constituencies for the purpose of elections to those councils;(c) the qualifications for voting at such elections and the preparation of electoral rolls therefore;(d) the qualifications for being elected at such elections as members of such councils;(e) the term of office of members of regional councils;(f) any other matter relating to or connected with elections or nominations to such councils;(g) the procedure and conduct of business including the power to act ..... commission appointed under paragraph 14 of this schedule by public notification order the dissolution of a district or a regional council, and--(a) direct that a fresh general election shall be held immediately for the reconstitution of the council, or(b) subject to the previous approval of the legislature of the state assume the administration of the area under the authority of such council himself or place the administration of such area under the commission .....

Pradip Kr. Taye and ors. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Reported in : [2010]320ITR29(Gauhati)

..... mentioned in section 16 of the representation of the people act, 1951.under section 19 of the representation of the people act, 1951, a person is entitled to be registered as an elector in the electoral roll prepared for a constituency 'if he is ordinarily resident in a constituency.therefore, it follows that the representation of the people act permits persons to contest the election to fill ..... sabha is a matter to be determined by the delimitation commission under the appropriate delimitation act, the details of which may not be necessary ..... tad/r/35/50/109, dated the february 23, 1951, issued by the governor of assam under the proviso to subparagraph (3) of the said paragraph 20 (as it stood immediately before the commencement of the north-eastem areas (reorganisation) act, 1971 (81 ..... 481 (gauhati), opined that to claim the benefit of section 10(26) of the income-tax act, the person claiming such a benefit must be a member of a scheduled tribe notified under the scheduled tribes order in relation to one of the areas specified under the said section and also must be a permanent resident of that particular ..... meghalaya and in bodoland cannot be said to be 'passing' so as to exclude them from the benefit of section 10(26).from the above discussion, it can be concluded that a member of a scheduled tribe notified in any tribal areas as mentioned in the table to paragraph 20 of the sixth schedule will be entitled to the benefit of exemption under section 10(26) of the income-tax act ..... power .....

All Party Hill Leaders' Conference, Shillong Vs. CaptaIn W.A. Sangma a ...

Court : Supreme Court of India

Reported in : AIR1977SC2155; (1977)4SCC161; [1978]1SCR393; 1977(9)LC606(SC)

..... in 1970 the autonomous state of meghalaya within the state of assam was constituted under section 3 of the assam reorganisation act, 1969 and the aphlc secured 34 seats in the ..... of the power vested in the commission under article 324 and rule 5 and rule 10 of the conduct of elections rules, 1961 (briefly the rules) and all other powers enabling it in that behalf, the election commission made the election symbols (reservation and allotment) order, 1968 (hereinafter to be referred to as the symbols order) ..... two earlier decisions of this court appeals were lodged in this court by special leave from the decisions of the election commission, no objection with regard to the maintainability under article 136 was raised (see sadiq ali and anr ..... . they had, on the date of entertainment of the dispute by the commission, still the requisite membership fulfilling the test for recognition as a ..... all party hill leaders' conference stands dissolved as a political party or association in the state of meghalaya with effect from the afternoon of the aforesaid date and its assets including bank balance and securities as also liabilities stand merged with the indian national ..... the commission heard the parties on january 29, 1977, on which date ..... . kyndiah, general sccre- tary, aphlc dated july 15, 1976, addressed to secretaries of khasi hills district aphlc, shillong, garo hills district, aphlc, tura, jaintia hills district aphlc, jewai, all india garo national council, i shillong and district .....

Dinabandu Das and ors. Vs. State of Assam and ors.

Court : Guwahati

..... established by the president of india in exercise of power vested upon him under section 24(2) of the state of arunachal pradesh act, 1986 read with section 31(2) of north eastern area (reorganisation) act, 1971, vide notification no. ..... such judges of the gauhati high court, being not less than two in number, as the chief justice of that high court may, from time to time nominate, shall sit in shillong in order to exercise the jurisdiction and powers for the time being vested in the gauhati high court in respect of cases arising in the state of meghalaya:provided that the chief justice of that high court may, in his discretion ..... order as quoted above, the permanent bench at shillong constituted by the presidential order has been vested with power to hear, entertain and decide cases arising in the state of meghalaya and as such, i am constrained to reject the bail petitions being not maintainable. ..... , admittedly the cause of action arose on 10-12-2000 at rongpur under silchar police station within the state of assam and thus, it cannot be construed that the case in hand arises at meghalaya for the purpose of determining the territorial jurisdiction of the shillong bench of the gauhati high court. ..... senior government advocate, informed that the present petitioners earlier moved this court with identical prayer but, this court by order dated 11-4-2001 in bail application no. ..... dated 1-2-1995, which is called 'the gauhati high court (establishment of permanent bench at shillong) order ..... dated .....