Judgment Search Results Home > Cases Phrase: assam reorganisation meghalaya act 1969 section 19 sessions of legislative assembly prorogation and dissolution Page 1 of about 13 results (0.144 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 ..... to the 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. ..... assam reorganization (meghalaya) act, 1969, the autonomous state of meghalaya was formed comprised of the khasi, jaintia and garo hills ..... plaintiffs claimed that despite the merger, the position of the land leased to queen victoria in respect of the three clans remained unaltered and as the state of assam and thereafter the state of meghalaya and the government of india did not cause renewal of the lease after its expiry on 7.12.1962 vacant possession thereof was sought for through notices under section 80 of the code and eventually the suits were filed for the reliefs aforementioned.21. ..... full bench 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. .....

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

Court : Guwahati

..... meghalaya came into existence by virtue of the assam reorganisation (meghalaya) act, 1969 (for short, 'the 1969 act ..... 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 10 of this schedule, no part of the area comprised within ..... not to be read and understood having regard to the provisions contained in sub-paragraphs (1) and (2) of paragraph 20 of the sixth schedule to the constitution for the purpose of determining the scope and effect of section 10(26) of the income-tax act, 1961, and whether the tribunal did not err in law in reading and applying the said table in isolation, without having regard to the provisions of sub-paragraph (1) and the decision of the ..... the constitution, the tribunal was justified in holding that the income of the assessee arising from the cantonment area of shillong town is exempt under section 10(26) ofthe income-tax act, 1961, merely by reason of the sources of income being located in the khasi and jaintia hills district in spite of the fact that the sources of income of the assessee were at the cantonment area of shillong ? 2. .....

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

..... 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 ..... (reorganisation) act, 1971 the new state of meghalaya was created comprising the territories of the autonomous state of meghalaya and the cantonment and municipality ..... executive committee of the district council issued a notification levying royalty in exercise of its power under the united khasi and jaintia hills autonomous districts (management and control of forests) act, 1958 (act 1 of 1959) (hereinafter referred to as 'the act') on red pine, white pine and log pine timber grown in the private forests situated within the jurisdiction of the district council at the rates specified ..... 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 ..... is seen from paragraph 3 and paragraph 8 of the sixth schedule to the constitution set out above that the district councils and regional councils in addition to specified executive functions conferred on them by the other paragraphs in that schedule have been given legislative powers in respect of certain topics mentioned in paragraph 3 and the power to levy the .....

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 district and the garo hills. ..... by the north-eastern areas (reorganisation) act, 1971, the new state of meghalaya was created comprising of the territories of the autonomous state of meghalaya and the cantonment and municipality areas of shillong town. ..... 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 constitutional validity of the abovesaid notification. ..... 'it is seen from paragraph 3 and paragraph 8 of the sixth schedule to the constitution set out above that the district councils and regional councils, in addition to specified executive functions conferred on them by the other paragraphs in that schedule, have been given legislative, powers in respect of certain topics mentioned in paragraph 3 and the power to levy the taxes specified in paragraph 8 of that schedule. .....

In Re Article 370 Of The Constitution

Court : Supreme Court of India

..... . 350 bombay 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 1975 338 part e pradesh.357 similarly, jharkhand was carved out of the state of bihar.358 most recently, the state of telangana was carved out of the state of andhra ..... direct that steps shall be taken by the election commission of india to conduct elections to the legislative assembly of jammu and kashmir constituted under section 14 of the reorganisation act by 30 september 2024 ..... session of the legislature, prorogation and ..... of the issues before this court in sr bommai 127 part e (supra) was whether article 356(1)(a) places any limitation on the exercise of legislative and executive power by the union after a proclamation has been issued and more specifically, whether dissolution of the legislative assembly of the state and the political executive is a natural consequence of the exercise of power under article 356(1) ..... . both justice sawant and justice reddy held that when a proclamation is issued, the dissolution of the legislative assembly of the state is not an automatic consequence and whether the assembly must be suspended or dissolved must depend on ..... the petitioners did not challenge the dissolution of the legislative assembly and the issuance of the proclamation declaring an emergency under .....

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. ..... the legislative assembly ..... if any such proclamation (not being a proclamation revoking the previous proclamation) is issued at a time when the house of the people is dissolved or the dissolution of the house of the people takes place during the period of two months referred to in this clause, and if a resolution approving the proclamation has been passed by the council of states, but no resolution with respect to such proclamation has been passed by the house ..... 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 the dissolution of the house of the people takes place during any such period of six months and a resolution approving the continuance in force of such proclamation has been passed by the council of states, but no resolution with respect to the continuance in ..... (1) the governor may on the recommendation of a 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 .....

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

Court : Guwahati

..... 5,6,7,8 and 9 jointly alleging that the petitioner, having violated the whip of his party to resign and having contested the meghalaya legislative assembly election as an independent candidate, has incurred disqualification as member of the council and contending that he was liable to be proceeded with in accordance with section 3 of the act. ..... in our opinion, the parliament in deleting the term 'district councils' from 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 otherwise on any ground whatsoever. ..... -- (1) the governor may on the recommendation of a 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 ..... at this, we may refer to paragraph 16 which provides for dissolution of a district council or regional council, as the case may be, the relevant provisions are as follows:16. .....

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

Court : Guwahati

Reported in : [2010]320ITR29(Gauhati)

..... (1) seats shall be reserved for the scheduled castes and scheduled tribes, except the scheduled tribes in the tribal areas of assam, in nagaland and in meghalaya, in the legislative assembly of every state. ..... ] (4) glt 463 : [2007] 290 itr 481 (gauhati), the learned judge on an elaborate consideration of the subject came to the following conclusion (page 497):having regard to the underlying legislative intendment in incorporating the exemption provision in the form of section 10(26) of the act and the interpretation which section 10(26) of the act has received in the hands of the apex court as well as of this court in the earlier decisions as well as the judicially evolved principles bearing on the relevant aspect of statutory interpretation ..... 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 of 1971)) (or in the ladakh region of the state of jammu and kashmir), any income which accrues or arises to him,-(a) from any source in the areas (or states aforesaid), or. ..... it may be mentioned that paragraph 20 of the sixth schedule to the constitution itself stood amended by an act of parliament known as the north-eastern areas (reorganisation) act, 1971 (81 of 1971). .....

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)

..... 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 legislative assembly. ..... november 20, 1976, captain sangma made an announcement as follows:having been duly authorised by resolution of the 27th session of the all party leaders' conference held on 16th november, 1976 at mendipathar, garo hills, meghalaya, in pursuance of the decision of the central committee held on the 1st november, 76 at shillong i, capt ..... pugh informed the commission that some aphlc leaders including captain sangma had joined the inc and thus defected from the aphlc, that the leaders who had left the party had no authority to decide dissolution of the party or to approach the authorities on the question of recognition or derecognition, that the party was still in existence and there was no provision whatever for a person or a group of persons to dissolve this ..... it was then decided to place the government of india plan before the people of the hill areas and obtain their reactions before the aphlc comes to a decision.this 20th session of the aphlc held at tura on the 14th and 15th october, 1968, has received comprehensive reports of meetings held in this connection in the various parts ..... it will be appropriate to refer to an admitted document being the resolution passed by the 20th session of the all party hills leaders' conference held at tura on the 14th and 15th october, 1968, when the party was a unified body. .....

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

Court : Guwahati

..... in the case in hand, 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. ..... this permanent bench has been 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. ..... , 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 that any case or class of cases arising in the state ..... silchar, assam, lodged fir on 10-12-2000 against shri dinabandu das, shri joy krishna das and shri krishna das (petitioners in the related petitions) narrating facts constituting offence, ex facie, under sections 324/325/307/302/34, ..... 1568/2000 under sections 342/325/307, 302/34, ..... had the petitions been under section 439 of the cr. p.c ..... petitioners sought for anticipatory bail under section 438, cr. p.c. ..... aforesaid three petitions filed by three accused-petitioners under section 438, cr. p.c. .....