Judgment Search Results Home > Cases Phrase: delimitation amendment act 2003 section 4 amendment of section 8 Court: kerala Page 1 of about 6,923 results (0.142 seconds)

Chirayinkeezhu A. Babu Vs. Delimitation Commission

Court : Kerala

Reported in : 2010(2)KLJ957

..... 18.1.2008. therefore, it cannot be said that the commission had become functus officio in terms of annexure d, delimitation amendment order, 2008. sub-section (6) of section 10 of the delimitation act, 2002 was amended by fixing 31st july, 2008 as the final date for completion and publication of orders. it is clear that the ..... on behalf of the respondents, various documents have been produced. annexure a is the guidelines prescribed by the delimitation commission for the purpose of completing the whole exercise. annexure b is the photo copy of the delimitation (amendment) ordinances, 2008 and annexure c is the photo copy of the presidential order issued under articles 82 ..... dated 18.2.2008 that after the census commission of india published the relevant figures of the 2001 census on 31.12.2003, the delimitation commission of india commenced the work of delimitation of parliamentary and assembly constituencies from 2004. final orders have been published as on the date of filing of the said .....

Narayanan Kutty and Another Vs. The Joint Registrar of Co-Operative So ...

Court : Kerala

..... bank into three wards with four panchayats in each of the wards remains the same prior to the amendment and even after the amendment'. 39. we may pertinently observe that whether a candidate contests from a particular ward after delimitation or from the area of operation of the bank as a whole, the fact remains that the ..... ((2007) 10 scc 609), quoting with approval its earlier judgment in s.d.s. shipping (p) ltd. v. jay container services co. (p) ltd. ((2003) 9 scc 439), has observed that the high courts and the supreme court, while exercising their equity jurisdiction under articles 226 and 32 of the constitution as also article 136 ..... eleventh hour, when the election was about to be held, the petitioners approached this court without exhausting their alternative remedies under section 83(1)(j) of the act. 7. in support of his submission that candidates from the reserved category could contest without confining themselves to any particular ward, the learned counsel has placed reliance .....

Chandra Naik Vs. Paivalikke Grama Panchayat

Court : Kerala

Reported in : 2005(2)KLT843

..... the president of the panchayat which is reserved to the scheduled tribe community. he ceased to belong to scheduled tribe as per the notification dated 8.1.2003 of the scheduled castes & scheduled tribes orders (amendment) act, 2002. the 'maratti' community to which the writ petitioner belonged was removed from the list of scheduled tribes. he was an elected member of the panchayat ..... xeroxed the constitutional provision is that the reservation of the presidentship of the panchayat and with respect to the number of the constituencies are concerned, the delimitation which is done as per section 10 of the act is based on the percentage of population of the s.c. and s.t, communities. the purpose, intent and the meal to provide the required .....

Commissioner of Income Tax Vs. A.M. Habeeb

Court : Kerala

Reported in : (2004)188CTR(Ker)100; [2004]268ITR344(Ker); 2004(2)KLT202

..... of the it department is that the provisions of section 52a and schedule ii article 3 item (iii)(c) inserted by the kerala court fees and suits valuation (amendment) act, 2003 w.e.f. 26th oct., 2002, cannot be applied to appeals filed before the high court in respect of the proceedings commenced prior to such insertion. in ..... by the ordinance in the first instance w.e.f. 26th oct., 2002 and later replaced by the amendment act, 2003 on 6th march, 2003.21. section 52a of the court fees act as inserted by the court fees and suits valuation (amendment) act, 2003 has already been extracted in para 11 supra. the said provision has not been specifically made retrospective. however, ..... the state has filed a statement. it is stated therein that section 52a inserted in the kerala court fees and suits valuation act, 1959 by the kerala court fees and suits valuation (amendment) act, 2003 (act 2 of 2003) applies to all appeals covered by the said section w.e.f. 26th oct., 2002. it is also stated that the .....

Smt. Elizebath Samuel Aaron and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1991Ker162; [1992]75CompCas377(Ker)

..... payment of compensation/amount, or that the absence of provision for adequate compensation will render it invalid under article 300a. entry 42 is only a legislative entry delimiting the power of the legislation to enact a law in question. the scope of a legislative entry is only to delineate the extent of the legislative power, ..... whether compensation as so understood had been provided, and the owner fully indemnified for what he loses, was justiciable.15. parliament then intervened with the 4th amendment by amending article 31(2), adding a rider that laws for acquisition or requisitioning of property of the nature contemplated by the article shall not be called in question ..... sugarcane and the central government was not empowered by the introduction of section 18-g by act 26 of 1953 to legislate in regard to sugarcane. the field of sugarcane was not covered by act 65 of 1951 as amended by act 26 of 1953 and the legislative powers of the provincial legislatures in regard to sugarcane were .....

Kerala Electricity Employees Confed. Vs. Union of India

Court : Kerala

..... fields of legislation. the legislature derives its power by art. 246 and other related articles of the constitution. therefore, the power to make the amendment act is derived not from the respective entries but under art. 246 of the constitution. the language of the respective entries should be given the widest scope ..... 1458), union of india v. h. s. dhillon (1971) 2 scc779at p. 792: (air1972sc1061at pp. 1069-70 ). the lists are designed to define and delimit the respective areas of respective competence of the union and the states. these neither impose any implied restriction on the legislative power conferred by art. 246 of the ..... is that the board had been constituted under section 5 of the electricity supply act, 1948. the electricity supply act had been repealed by the parliament act, namely, electricity act, 2003 (hereinafter referred to as 'the act, 2003'). section 131 of the act, 2003 mandates the state government to prepare a transfer scheme to give effect to the objects .....

Chief Electoral Officer Vs. Sunny Joseph

Court : Kerala

Reported in : 2005(4)KLT599

..... )klt567 and state of a.p. v. govardhanlal pitti, : [2003]2scr908 . counsel therefore submitted that the notification issued by the delimitation commission can be questioned before this court.7. parliament in the 53rd year of the republic of india has enacted the delimitation act 2002 to provide for the readjustment of the allocation of seats in the house of the people to the states ..... nullity.8. we may in this connection refer to some of the parallel provisions contained in panchayat raj act and municipalities act. after the introduction of part ix in the constitution of india by the 73rd amendment act 1992 and part ixa by the seventy fourth amendment act 1992, the apex court had occasion to consider the jurisdiction of high courts with regard to matters referred .....

Amaravila Krishnan Nair Vs. the Election Commissioner of India, New De ...

Court : Kerala

Reported in : AIR1972Ker5

..... in connection with elections' and that the inclusive clause was merely introduced by way of clarification. the only explanation for the omission of the reference to delimitation of constituencies in the inclusive clause in article 328 appears to be that the matters set out in the inclusive clause in article 327 were not covered by ..... which is headed. 'bar to interference by courts in electoral matters' says:'notwithstanding anything in this constitution--(a) the validity of any law relating to the delimitation of constituencies or the allotment of scats to such constituencies, made or purporting to be made under article 327 or article 328, shall not be called in question ..... the electoral rolls published on 15-1-1970 and 10-8-1970 were prepared not in accordance with the representation of the people act 1950, and the rules thereunder.the prayer of the petitioner as amended is as follows:'this hon: high court be pleased to issue a writ of mandamus or other appropriate writs, directions or' .....

T.A.Antony @ Jayan Thirunilath Vs. State of Kerala

Court : Kerala

..... counsel for the petitioners, the learned government pleader, the learned standing counsel for the kerala state election commission and the learned standing counsel for the kerala state delimitation commission.6. the learned standing counsel for the kerala state election commission, inviting my attention to para 3 w.p.(c) no. 27774 of 2014 ..... 27774 of 2014 ..5.. however, on a perusal of the said decision, it can be seen that the same was pronounced before the commencement of 47th amendment of the constitution. therefore, the same cannot be relied on for the purpose of this case. in the result, the writ petition is disposed of directing ..... strength of panchayaths and municipalities under section 6 of the kerala panchayath raj act/kerala municipality act. it is further submitted that the said exercise is yet to be initiated; and only thereafter, the delimitation commission can commence the task of delimitation of constituencies.7. the learned senior government pleader submitted that in the light .....

Mathai K.V. Vs. State of Co-operative Election Commission and ors.

Court : Kerala

Reported in : 2008(1)KLJ194

..... a co-operative society is concerned, although there is a co-operative election commission appointed under the kerala co-operative societies act, the act and rules do not envisage such a function on the co-operative election commission for delimitation of wards. this is clear from the fact that by ext. r4(c) the election commission themselves directed the director ..... the action of the director board and ext. p4. according to them, despite bye-law 31 (b), hitherto the elections to the director board have been conducted without delimitation of the area of operation of the society into wards, including the last election. in keeping with the practice ext. r4(a) resolution for conducting election and for ..... that 2 members are to be nominated by the deputy registrar. of course in view of amendment of the 2nd proviso to section 28(1) by act 19 of 1987 read with section 31(4) of the act it may be presumed that act 19 of 1987 takes away the power of the government to nominate members even if the bye .....