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Jayashree Rajappa Terdal and anr. Vs. the Registrar, Karnataka Univers ...

Court : Karnataka

Reported in : ILR2005KAR4242; 2005(6)KarLJ12

..... merit only to the marks obtained in the qualifying examination for the purpose of filling up these back log vacancies is obviously discernible in as much as an opportunity is sought to be provided to all those merited candidates belonging to these categories without introducing any element of subjective analysis of their suitability by conducting any interview. ..... 4 would clearly show that the board is enjoined with an obligation to follow the rules or orders issued by the state government from time to time in the matter of reservation of appointments or posts for persons belonging to scheduled caste and scheduled tribe and other backward classes under article 16(4) of the constitution. ..... list under sub-section (3)m the board shall follow the rules or orders issued by the state government from time to time in the matter of reservation of appointments or posts for persons belonging to scheduled castes and scheduled tribes and other backward classes, under article 16(4) of the constitution.'12. ..... a special measure to fill up the unfilled back log vacancies pursuant to the special provisions made in the rules called the karnataka state civil services (unfilled vacancies reserved for the persons belonging to the scheduled caste and scheduled tribe) (special recruitment) rules, 2001. ..... published notifying the rules known as the karnataka state civil services (unfilled vacancies reserved for the persons belonging to the scheduled caste and scheduled tribe) (special recruitment) rules 2001. .....

Ramchandra Vishnu Tendulkar and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1993(1)BomCR7

..... the parent act took away the right of the occupant, that is the person belonging to the scheduled tribe, to enter into contract for sale of the trees without prior permission or assistance of the collector. ..... section 2 and section 4 of the amending act which are relevant read as follows:'2 section 4 of the maharashtra sale of trees by occupants belonging to scheduled tribes (regulation) act, 1969 (hereinafter referred to as 'the principal act') shall be deleted.4. ..... on july 16, 1974 the maharashtra sale of trees by occupants belonging to scheduled tribes (regulation) act, 1969 was further amended by maharashtra act no. ..... the legislation was enacted to regulated the disposal of trees standing in the holdings of persons belonging to the scheduled tribes in the state of maharashtra. ..... by this petition filed under article 226 of the constitution of india, the petitioners are challenging constitutional validity of the maharashtra sale of trees by occupants belonging to scheduled tribes (regulation) (amendment) act, 1991. ..... the maharashtra sale of trees by occupants belonging to scheduled tribes act, 1969 had prescribed by section 4 that contracts subsisting on the appointed day, that is march 3, 1969 are required to be approved by the collector before enforcement. ..... the governor of maharashtra thereupon issued an ordinance on march 3, 1969 and which was subsequently repealed and replaced by the maharashtra sale of trees by occupants belonging to scheduled tribes (regulation) act, 1969. .....

Janu Chandra Waghmare and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1978Bom119; (1977)79BOMLR499

..... before us that all forest produce in future after the private forests have vested in the state government under section 3 of the impugned act would belong to the state government and in these petitions we are merely concerned with forest produce of these private forests already grown therein or which was lying ..... sometimes intermingled with pasture; also the trees collectively of a 'forest'; (ii) (legal meaning) a woodland district, usually belonging to the king, set apart for hunting wild beasts and game etc and (iii) a wild uncultivated waste, wilderness ..... is done, forest produce under section 2(c-1)(v) would include several items of forest produce wherever found and in whatever form (natural or sophisticated) and irrespective of whether they belong to the concerned private forest or not and that would certainly be beyond the legislative competence of the state legislature.24. ..... appear clear that 'forest produce' under section 2(c-1)(v) would include several items of forest produce wherever found and in whatever form, natural or sophisticated and irrespective of whether they belong to concerned private forest or not and this would certainly be beyond the legislative competence of the state legislature. ..... , when such regulation or prohibition appears necessary for any forest not belonging to government, for the purpose of conservation of trees and forests, preservation and improvement of soil, improvement of grazing, maintenance of a water supply in springs, rivers and tanks, .....

D. Shivaramu Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : 2006(2)KarLJ370

..... by not filling up from amongst such direct recruits does not arise and there will be no backlog vacancy at all and if there is no backlog vacancy, the present notification earmarking good number of posts to be exclusively filled up by candidates belonging to scheduled caste/scheduled tribe as backlog vacancies is clearly not tenable; that it can affect the promotional opportunities of persons like the petitioners; that it can block their opportunities and as the notification is not supported by law ..... it appears that in the meanwhile, the karnataka state civil services (unfilled vacancies reserved for the persons belonging to the scheduled castes and the scheduled tribes) (special recruitment) rules, 2001 (for short, 'the rules'), a copy of which is produced at annexure-d to w.p. no. .....

Satradhikar, Bengana-ati Vs. State of Assam and ors.

Court : Guwahati

..... learned advocate general for the state of assam has submitted that the assam state acquisition of lands belonging to religious or charitable institution of public nature act, 1959 has been included in the ixth schedule ..... hon'ble supreme court in the case of the commissioner, hindu religious endowments, madras (supra) that the scale of expenses to be incurred in connection with religious observances would be a matter of administration of property belonging to the religious denomination and can be controlled by secular authorities in accordance with any law laid down by a competent legislature. ..... of course, the scale of expenses to be incurred in connection with these religious observances may be and is a matter of administration of property belonging to religious institutions; and if the expenses on these heads are likely to deplete the endowed properties or affect the stability of the institution, proper control can certainly be exercised by state ..... of course, the scale of expenses to be incurred in connection with these religious observances would be a matter of administration of property belonging to the religious denomination and can be controlled by secular authorities in accordance with any law laid down by a competent legislature; for it could not be the injunction of any religion to destroy ..... been advanced is that the object of the principal act was to acquire the land belonging to the religious or charitable institutions of public nature and to provide for compensation in .....

Mahabhairab Temple Management Committee Vs. Govinda Borthakur and ors.

Court : Guwahati

..... acquisition of lands belonging to religious or charitable institutions and public nature act. .....

Azizulla Khan and ors. Vs. State and ors.

Court : Rajasthan

Reported in : AIR1991Raj101; 1991(1)WLC132

..... . khan has given a very curious explanation and the same is that in view of the proviso under rule 3 of the rajasthan municipalities (fixation of seats for women belonging to sc/st and determining of wards for women by rotation) rules, 1990, the allotment of wards for women belonging to sc/ st, has to be determined only out of the seats reserved under sub-section (3) of section 9 and, therefore, those wards which had already been reserved for sc/ st under sub-section (3) of section 9 ..... . every third ward of a board shall be reserved for women, subject to maximum of 30% (including the number of seats reserved for women belonging to sc/ st) and this process shall rotate in succession.provided further that allotment of wards for women belonging to the sc or the st as the case may be, shall be determined in the aforesaid manner only out of the seats reserved under sub-section (3) of section 9.for the purpose of facilitating the implementation of the provisions of these rules, the ..... . he has further submitted that in view of the proviso under rule 3 of the municipalities fixation of seats (for women belonging to sc/st and determining the wards for women by rotation) rules, 1990, once a ward had been reserved for sc under sub-section (3) of section 9, it was no more available for reservation for women ..... . notification dated 5th april, 1990, the rajasthan municipalities fixation of seats (for women belonging to sc/st and determining of wards for women by rotation) rules, 1990 was issued .....

Pradhan Sangh Kshetra Samiti, Jabalpur, District Jaunpur and Others Vs ...

Court : Allahabad

Reported in : AIR1995All162

..... sub-rule (2) of this rule mentions that an enumerator appointed for an area shall prepare a list of all the houses of persons belonging to be backward classes and will record a survey that all such houses have been included in the list, which list will be ..... 27% seats reserved for backward classes includes males as wellas female members belonging to that class and no separate reservation could have been made for ..... panchayat raj (deter-miantion and publication of the number ofpersons belonging to the backward classes) rules, 1994 will take about 175 ..... the state government filed a gazette of 21 september, 1994 announcing that in 65 districts of the state the statistical figures in pursuance of the uttar pradesh panchayat raj (determination and publication of the number of persons belonging to the backward classes) rules, 1994, is being published. ..... rule 3 for the determination of number of persons belonging to the backward classes itself stipulates 'as survey would be conducted in ..... of backward classes as placed before the court on 23 september, 1994, which, it appears, is a publication made in pursuance of the rule 10 of the uttar pradesh panchayat raj (determination and publication of the number of persons belonging to the backward classes) rules, 1994. ..... in between, are other villages which belong toanother gram sabha or panchayat area, and this has been occasioned for wrongful gain either by political parties or members of it, and any consultation or varying the identity of villages, .....

Suresh Kumar JaIn and ors. Vs. Substituted by Legal Heirs Saraswati Ku ...

Court : Guwahati

..... this plot of land was also acquired by the government under the assam acquisition of land belonging to religious and charitable institutions of public nature act, 1959 and this plot of land was erroneously shown under dag no. ..... 1886 the right of transfer of such holding shall extend only to persons belonging to the same religion as the institution in which the ownership of the land was vested before the date of notification under section 3 of the act."15. ..... section 15 of the assam slate acquisition of lands belonging to religious or charitable institution act, 1959 reads as follows :"15. ..... the collector is directed to consider the claim of the appellants for settlement of the land as per provisions of section 15 of the assam state acquisition of lands belonging to religious or charitable institution act, 1959. ..... on this context, it has to be examined whether by virtue of the provision of section 15 of the assam state acquisition of land belonging to religious and charitable institution act. .....

Suresh Kumar JaIn and ors. Vs. Substituted by Legal Heirs Saraswati Ku ...

Court : Guwahati

..... this plot of land was also acquired by the government under the assam acquisition of land belonging to religious and charitable institutions of public nature act, 1959 and this plot of land was erroneously shown under dag no. ..... 1886 the right of transfer of such holding shall extend only to persons belonging to the same religion as the institution in which the ownership of the land was vested before the date of notification under section 3 of the act.'15. ..... section 15 of the assam slate acquisition of lands belonging to religious or charitable institution act, 1959 reads as follows :'15. ..... the collector is directed to consider the claim of the appellants for settlement of the land as per provisions of section 15 of the assam state acquisition of lands belonging to religious or charitable institution act, 1959. ..... on this context, it has to be examined whether by virtue of the provision of section 15 of the assam state acquisition of land belonging to religious and charitable institution act. .....