Judgment Search Results Home > Cases Phrase: karnataka panchayat raj act 1993 section 200 recovery of taxes and other dues Page 1 of about 1,794 results (0.754 seconds)

Akkirampura Grama Panchayat, Koratagere Taluk, Tumkur District Vs. Sta ...

Court : Karnataka

Reported in : AIR2000Kant278; ILR2000KAR1594; 2000(4)KarLJ226

..... section 200 provides for recovery of taxes and other dues. ..... petitioner is admittedly grama panchayat and the said panchayat is governed by the karnataka panchayat raj act, 1993. ..... sri viswanath, counsel appearing for the petitioner panchayat invites my attention to various sections of the panchayat raj act and contends that the petitioner panchayat has a right to collect the market fee. ..... the petitioner states in the petition that in terms of the provisions of the panchayat raj act, the petitioner is entitled to collect fee and to levy fee under the said act. ..... the panchayat raj act further provide for 'market' means a place for the sale of goods or animals publicly exposed where ordinarily or periodically at least four shops, stalls or sheds are set up or where at least ten animals are brought for ..... coming back to the contention of sri raikote, that the panchayat committee has got the power to levy tax on fairs, festivals and entertainments and also levy fees on markets under section 73(4) of the kvp and lb act, it is seen that what has been authorised by section 73(4) is only to collect the tax on fairs, festivals and entertainments at the rates not exceeding those specified in schedule i and also fees on markets. ..... but that proviso came to be amended by karnataka act 17 of 1980 as follows: 'in section 8 of the principal act in the proviso to clause (a) of the sub-section (1), after the words 'agricultural produce' the words 'other than cattle, sheep and goats' shall be inserted'. .....

Lakshmamma Vs. The State of Karnataka

Court : Karnataka

..... constitutional amendment, the karnataka panchayat raj act, 1993 (act no.14 of 1993) has been amended from time to time, the last of which being by way of the karnataka act no.44 of 2015, as a result whereof, the enactment has been re-named as the karnataka gram swaraj and panchayat raj act, 1993 , (hereafter also referred to as the act of 1993 ) ..... essentially involving similar questions relating to the provisions contained in section 49 of the karnataka gram swaraj and panchayat raj act, 1993 ( the act of 1993 ) and the motion of no-confidence brought thereunder, have been considered together; and are taken up for disposal by this common judgment ..... . for the operation and working of section 49, the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of grama panchayat) rules, 1994 (hereafter referred to as the rules of 1994 ) have been promulgated, their latest amendment being under the notification dated 21.08.2018, as issued ..... . (e) sub-section (2) of section 49 of the act of 1993 has no parallel in any other enactments relating to removal of elected persons only on the ground of unsubstantiated allegations; there are no pari materia provisions for the removal of adhyaksha and upadhyaksha of taluka panchayats and zilla panchayats though all these persons constitute one homogeneous class and therefore sub- section (2) of section 49 which singles out adhyaksha and upadhyaksha of grama panchayats alone for discriminatory treatment falls foul of article 14 ..... .....

Raju Rudraiah Matapathi Vs. Secretary to Government, Department of Rur ...

Court : Karnataka

Reported in : 2007(6)KarLJ187; 2007(3)KCCR2080; 2007(5)AIRKarR101

..... that the petitioner has obtained the cheque in his name and has encashed the same has made the 1st respondent to come to the conclusion that the action of the petitioner tantamounted to misconduct as stated under section 12(h) of the karnataka panchayat raj act, 1993. ..... in his name from the grama panchayat towards certain developmental work in the village executed through a contractor, proceedings were initiated against the petitioner under section 43-a of the karnataka panchayat raj act, 1993. ..... the competent authority namely the secretary, department of rural development and panchayat raj has considered the reply submitted by the petitioner and after holding an enquiry into the allegations made has passed the impugned order recording a finding that the allegations made against the ..... as per the provision contained under section 12(h) of the act, a person shall be disqualified for being chosen and for being a member of the grama panchayat if he has directly or indirectly any share or interest in any work done by order of the grama panchayat or in any contract or employment with, or under, or by, or on behalf of the grama panchayat; (or if he is either directly or indirectly by himself or by his agent, partner or employee involved in obtaining or execution of any such work or contract on behalf of the grama panchayat or of any contract for the ..... the petitioner has contended that he has merely received the cheque which was due to the contractor such an explanation belies commonsense. .....

Smt. Manjula Vs. State of Karnataka

Court : Karnataka

..... state of karnataka & others 96/177 judgment1 the provisions of section 49(2) of the karnataka gram swaraj and panchayat raj act, 1993 ( act for short) inserted by act no.44 of 2015 with effect from 31/12/2015 have come up before this court by way of challenge to the vires thereof or in the alternative interpretation of the same which deals with the moving of no confidence motions against the adhyakshas/upadhyakshas of grama panchayats in the state of karnataka.2. ..... unfit to hold the post as may be certified by the district surgeon; (b) as a result of insolvency or of unsound mind, (iii) has failed to attend four consecutive meetings of the panchayat, and in the case of an adhyaksha or upadhyaksha, failed to convene two consecutive meetings which were either due or were necessary; or (iv) if the member, by coercion or fraud entice any voter or member of gram panchayat or taluk panchayat or zilla panchayat as the case may be to trade date of judgment 28-02-2018 w.p.nos.1935-1936/2018 & connected matters smt. .....

Kariya Bommagouda Vs. the Assistant Commissioner and ors.

Court : Karnataka

Reported in : 2004(6)KarLJ307

..... submits that the assistant commissioner has not followed the requisite procedure as contemplated under section 49 of the karnataka panchayat raj act, 1993 read with rule 3 of the karnataka panchayat raj (motion of no confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994. ..... procedure to be followed is prescribed by the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994, and the manner of issue of notice is governed ..... upadhyaksha, shall be moved within one year from the date of his election:provided also that where a resolution expressing want of confidence in any adhyaksha or upadhyaksha has been considered and negatived by a grama panchayat a similar resolution in respect of the same adhyaksha or upadhyaksha shall not be given notice of, or moved, within one year from the date of the decision of the grama ..... not less than fifteen clear days of such meeting in form ii:provided that where the holding of such meeting is stayed by an order of a court, the assistant commissioner shall adjourn the said meeting and shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the intimation about the vacation of stay, after giving to the members, after giving to ..... (9) the adhyaksha or upadhyaksha as the case may be shall, immediately hand over all documents, moneys or other properties of the grama panchayat in his custody to the secretary of the grama panchayat.11. .....

Smt. Laxmavva W/O Shivappa Padasalagi Vs. the State of Karnataka, Repr ...

Court : Karnataka

Reported in : ILR2007KAR1028; 2007(2)KarLJ45; 2007(2)KCCR1489; 2007(3)AIRKarR189(DB)

..... to be noted that the object of introduction of karnataka panchayat raj act was, decentralization of the administrative system by introducing panchayat raj institutions in the state of karnataka for the effective rendering service to the public by the local self-government and as such at village level- gram panchayat and taluk level -panchayats, are established. ..... the appellant, relying upon the provisions of rule 3(1) of the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994, (for short 'the rules') contended that, as the written notice of intention to make the motion is not in form-i and since it does not accompany the proposed motion, there is violation of mandatory requirement of provisions of the act and rules. ..... rules called as karnataka panchayat raj rules 1994 have ..... as per clause (2), the assistant commissioner thereafter shall convene a meeting for consideration of the motion at the office of the gram panchayat on the date appointed by him which shall not be later than 30 days from the date of which notice under sub-rule ..... we have perused rule 3(1) read with section 49 of the act and the decision of the learned single judge in mallamma's case ..... members makes it clear their intention, mere non-enclosing the proposal would be only an irregularity and in cur view does not cause any prejudice to the other side.11. ..... the notice dated 1.12.2006 for considering the 'no-confidence motion', proposed by other members. .....

Vilas Murthy Srinivasarao Kulkarni Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2007(6)KarLJ121; 2007(5)AIRKarR421;

..... by the said entry, the 4th respondent herein, had preferred an appeal before the 2nd respondent on 28-11-2006 under the provisions of section 269(1) of the karnataka panchayat raj act, 1993, it is seen from the impugned order that the petitioner herein had taken up a contention before the appellate authority (chief executive officer, taluk panchayat) urging that in view of the notification dated 16-1-2007 issued by the state government establishing the bruhath bangalore mahanagara palike which included ..... learned counsel appearing for the respondents contends that section 500(h) of the kmc act would enable the authorities under the panchayat raj act to entertain the appeal filed prior to issue of annexure-c, notification and to consider and dispose of the appeal and therefore the executive officer had rightly exercised ..... chief executive officer placing reliance on a circular dated 7-3-2007 issued by the state government, department of rural development and panchayat raj, proceeded to assume jurisdiction and decided the matter as per the impugned order.3. ..... that by virtue of section 500(a) of the kmc act, the panchayat shall cease to have jurisdiction over such area and any order made under the provisions of the karnataka panchayat raj act immediately before the said date in respect of the said local area shall continue to be in force and shall be deemed to have been made under the provisions of the kmc act, until it is superseded or modified as per the provisions of the kmc act. .....

Prof. B.K. Chandrashekar and Another Vs. State of Karnataka and Anothe ...

Court : Karnataka

Reported in : AIR1999Kant461; ILR1999KAR2513; 1999(6)KarLJ394

..... --in section 4 of the karnataka panchayat raj act, 1993 (karnataka act 14 of 1993) (hereinafter referred to as the 'principal act'), in sub-section (1)-- (i) for the words 'not less than five thousand and not more than seven thousand' the words 'not less than ten thousand and not more than sixteen thousand' shall be substituted; (ii) in the first proviso, for the words 'not less than two thousand ..... part ix relating to panchayats in the constitution to provide for among other things, grama sabha in a village or group of villages, constitution of panchayats at village and other level or levels; direct elections to all seats in panchayats at the village and intermediate level, if any, and to the offices of chairpersons of such panchayats at such levels; reservation of seats for the scheduled castes and scheduled tribes in proportion to their population for membership of panchayats and office of chairpersons in panchayats at each level; ..... panchayat; disqualification for membership of panchayats; devolution by the state legislature of powers and responsibilities upon the panchayats with respect to the preparation of plans for economic development and social justice and for the implementation of development schemes; sound finance of the panchayats for securing authorisation from state legislatures for grants-in-aid to the panchayat from the consolidated fund of the state, as also assignment to, or appropriation by, the panchayats of the revenues of designated taxes, duties, tolls and .....

Junjamma and ors. Vs. the Bangalore Development Authority, Rep. by Its ...

Court : Karnataka

Reported in : ILR2005KAR608; 2004(7)KarLJ677

..... karnataka panchayat raj act providing sections 309 and 310 which provided for development plan and constitution of district and section 315 provides power to the grama panchayat to regulate lying out and ..... and other public places in the panchayat area not being private property and which are not in the control and management of other authorities mentioned therein shall vest in the grama panchayat and the grama panchayat may do all things necessary for the maintenance and repairs there of and ..... panchayat raj act of 1993 replaced the karnataka zilla parishat, taluk panchayat samithis, mandal panchayats under the panchayat raj act ..... after publication of the scheme and service of notices as provided in section 17, if the persons interested in the land were to file objections within 30 days from the date of receipt of notice why such acquisition of the building or land and the recovery of betterment tax should not be made, ..... would be earmarked for formation of sites, 15% of the total extent of land acquired measuring 200.50 acres would be utilised for formation of parks and playgrounds, 10% of the land acquired roughly measuring 133.50 acres would be utilised for civic amenities and 33% of the land acquired, namely 442 acres would be utilised for formation of roads. ..... on a representation made by persons who were running nursery and possessing garden lands bringing to the notice of the government the hardship caused due to acquisition of such lands the government passed an order that the lands .....

H.C. Yatheesh Kumar and ors. Vs. the Karnataka Election Commission and ...

Court : Karnataka

Reported in : ILR2005KAR3323

..... the petitioners in all these petitions have prayed to strike down the karnataka panchayat raj (reservation of seats in taluk panchayats and zilla panchayats by rotation), rules 1998 (hereinafter called the 'rules 1998') as illegal, void and ultra vires to article 243d of the constitution read with section 162 of the karnataka, panchayat raj act, 1993. ..... under this act of 1959 elections to the panchayats were held during 1960 by giving due representation to women, scheduled caste and scheduled tribes, subsequently the government of karnataka replaced the act, of 1959 by a new act called karnataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats act, 1983.3. ..... , this method deprives the scheduled tribes and scheduled castes category people in other constituencies to have their representation in the zilla panchayat. ..... in the ultimate analysis, the court held in kewal krishan puri case that so long as the concept of fee remains distinct and limited in contrast to tax such expenditure of the amounts recovered by the levy of a market fee cannot be countenanced in law. ..... this jurisdiction cannot be ousted, the other courts and tribunals may perform a supplemental role in discharging the powers conferred by article 226 and 227 and 32 of the constitution'.18. ..... such a society is necessarily highly cultured in which every man and woman knows what he or she wants and, what is more, knows that no one should want anything that others cannot have with equal labour'.2. .....