Judgment Search Results Home > Cases Phrase: karnataka panchayat raj act 1993 section 245 power to write off irrecoverable amounts Court: supreme court of india Page 1 of about 49 results (0.293 seconds)

Bondu Ramaswamy Vs. Bangalore Development Authority and ors.

Court : Supreme Court of India

..... preparation of development plan: every corporation shall prepare every year a development plan and submit to the district planning committee constituted under section 310 of the karnataka panchayat raj act, 1993, or as the case may be the metropolitan planning committee constituted under section 503b of this act.503-b. ..... companies and in acquisitions of the third kind where the beneficiaries are private individuals, there is a general feeling among the land-losers that their lands are taken away, to benefit other classes of people; that these amount to robbing peter to pay paul; that their lands are given to others for exploitation or enjoyment, while they are denied their land and their source of livelihood ..... of plans for economic development and social justice;(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the twelfth schedule;(b) the committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the twelfth schedule. ..... as noticed above, the bda sent the scheme approved by the authority for the sanction of the government by writing a letter to the principal secretary to the government urban development department on 13.2.2004. .....

Widia (India) Ltd. and ors. Vs. the State of Karnataka and ors.

Court : Supreme Court of India

Reported in : AIR2003SC3095; 2003(5)ALD110(SC); JT2003(7)SC237; 2003(6)SCALE567; (2003)8SCC22; [2003]132STC360(SC)

..... panchayat and nyaya panchayats act, 1983 (karnataka act 20 of 1985) and panchayat area under the karnataka panchayat raj act, 1993 (karnataka act 14 of 1993 ..... writ petitions, government of karnataka in exercise of its power under section 3(1) of the act reads with section 21 of the mysore general clauses act, 1899, by issuing notification ..... to clarify the situation, it can be stated that a subsequent notification issued in exercise of the powers conferred under the said section may in some case amount to restriction to free trade and commerce but simplicitor addition of the words 'retrospectively or prospectively' would not require sanction of the president as contemplated under article ..... the government of karnataka in exercise of its power under section 3(1) of the act brought out notification dated 30.3.1994, which came into effect on 1st april, 1994 levying tax on the entry of goods brought into a local area from any place outside the state for ..... court arrived at the conclusion that the notifications were discriminatory for the reasons recorded therein and it was also held that the authority exceeded its powers conferred under section 3(1) of the act and, therefore, the said notifications were ultra vires.9. ..... use or sale therein act, 1979 (hereinafter referred to as 'the act') and the notifications issued by the state government in exercise of its powers conferred by section 3 of the said act were challenged before the high court by filing writ petitions under article 226 of .....

Bharati Reddy Vs. The State of Karnataka

Court : Supreme Court of India

..... adhyaksha and upadhyaksha of the zilla panchayat are elected in accordance with section 177 of the karnataka gram swaraj and panchayat raj act, 1993 and rule 7 of karnataka panchayat raj (election of adhyaksha and upadhyaksha of zilla panchayat) rules, 1994. ..... state of tamil nadu (2007) 2 scc1 a bench of nine judges has again held that power of judicial review is the part of the basic structure of the constitution. ..... while this jurisdiction cannot be ousted, other courts and tribunals may perform a supplementary role in discharging the powers conferred by articles 226/227 and article 32 of the constitution of india. ..... however, it is left to 9 the discretion of the court exercising the power under articles 226/227 to entertain the writ petition.14. ..... we, therefore, hold that the power of judicial review over legislative action vested in the high courts under article 226 and in the supreme court under article 32 of the constitution is an integral and essential feature of the constitution, constituting part of its basic ..... it is thus clear that power of judicial review under articles 226/227 of the constitution is an essential feature of the constitution which can neither be tinkered with nor eroded. ..... the power to amend cannot be equated with the power to frame the constitution.13. ..... ordinarily, therefore, the power of high courts and the supreme court to test the constitutional validity of legislations can never be ousted or excluded. in i.r. .....

Seema Sarkar Vs. Executive Officer

Court : Supreme Court of India

..... for, the high court considered the specific provisions contained in the karnataka panchayat raj act, 1993 and construed them to mean that they expressly exclude the right to participate in the proceedings and vote on a no ..... contextual and in reference to the express provision in the karnataka panchayat raj act in the 36 form of sections 120(2), 140(3), 159(2) and 179(3). ..... the house of parliament (for short mp ) representing the union territory of andaman and nicobar islands, who is also an ex officio member of the panchayat samiti, for reckoning the quorum of a special meeting regarding motion of no confidence against the pramukh of the little andaman panchayat samiti (for short the said samiti ) and also whether he/she can exercise 2 his/her vote on the no confidence motion within the meaning ..... ) act, 1992 though the panchayati raj institutions have been in existence for a long time, it has been observed that these institutions have not been able to acquire the status and dignity of viable and responsive people s bodies due to a number of reasons including absence of regular elections, prolonged supersessions, insufficient representation of weaker sections like scheduled casts, scheduled tribes and women, inadequate devolution of powers and ..... in re writing of the provisions to read as the motion of no confidence must be carried out by a majority of not less than two thirds of the total number of directly elected members of the panchayat samiti mentioned in section 107(2), present .....

Bharati Reddy Vs. The State of Karnataka

Court : Supreme Court of India

..... been issued by the state government in exercise of powers conferred under section 2(2) of the karnataka panchayat raj act, 1993, for classifying and notifying the classes of citizens as backward class, for the purpose of reservation of seats and office of chairperson in zilla panchayat, taluk panchayat and gram panchayat. ..... rule 7 of the karnataka panchayat raj rules explicitly envisages that only a member of the panchayat may challenge the validity of the election of adhyaksha ..... in that case, the court after analysing the factual matrix found, as of fact, that there was non-compliance of sub-section (5) of section 85 of the electricity act, 2003, in the matter of appointment of the incumbent to the post of chairperson of the commission for which it became necessary to issue a writ ..... to notification dated 04.12.2015, elections were held and the appellant was elected on 28.03.2016 as a member of the zilla panchayat from 13- 2 badanahatti constituency, ballari district, karnataka which was reserved for general (women) category. ..... a responsible member of zilla panchayat, ballari as she was the successful candidate elected from 13 badanahatti constituency which was reserved for general category (woman) as per the notification dated 28.03.2016 published in karnataka gazatee. ..... that the appellant therein lacked the basic qualification under clause (c) of article 173 of the constitution of india read with section 5 of the 1951 act, which was quintessential to be elected from the constituency. .....

State of Karnataka Vs. L. Shivanna and ors.

Court : Supreme Court of India

the text below is only a summarized version of the order pronouncedcivil appeal no. 277 1993 was dismissed as withdrawn and in civil appeal no. 276 1993 it was held that the high court had interpreted section 139 of the karnataka zila parishad, taluk panchayat samithis, mandal panchayats and nyaya panchayats act, 1983 which was repealed by karnataka panchayat raj act, 1993. the appeal was dismissed.

Vikas Kishanrao Gawali Vs. The State Of Maharashtra

Court : Supreme Court of India

..... in respect of the objections against the karnataka panchayat raj act, 1993, all that we can refer to is the chinnappa reddy commission report (1990) which reflects the position as it existed twenty years ago. ..... needless to 8 (1) the maharashtra village panchayats act, 1959 section 10(2)(c) (2) maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 sections 9(2)(d) and 341(b)(4) (3) the maharashtra municipal corporations act, 1949 section 5a(1)(c) 32 observe that the view taken in this judgment would apply with full force to the interpretation and application of the provisions of the stated act(s) and the state authorities must immediately move into action to take corrective and follow up measures in right earnest including to ensure that future elections ..... these writ petitions under article 32 of the constitution of india seek a declaration that section 12(2)(c) of the maharashtra zilla parishads and panchayat samitis act, 19611, is ultra vires the 1 for short, the 1961 act 2 provisions of articles 243 d and 243 t including articles 14 and 16 of the constitution of india. ..... indeed, the exercise of power to reserve seats for obcs springs from section 12(2)(c) of the 1961 act, but that is hedged by conditions and limitations specified by the constitution bench of this court and would not get ignited until such time.18. .....

Avtar Singh Hit Vs. Delhi Sikh Gurdwara Management Committee and ors.

Court : Supreme Court of India

Reported in : JT2006(9)SC111; 2006(10)SCALE271; (2006)8SCC487; 2006(2)LC1375(SC)

..... ramanjaneyullu : (1998)8scc703 is a case relating to election under the andhra pradesh panchayat raj act and in a short judgment it was observed that the main question for decision being the non-compliance of a provision of the act which is a ground for an election petition in rule 12 framed under the act, the writ petition under article 226 of the constitution should not have been entertained for ..... natarajan : [1988]2scr759 is a case relating to election to the office of chairman of a panchayat union under the tamil nadu panchayats act, 1958 where it was held that the parties who are aggrieved by the result of the election can question the validity of an election by an election petition which is an effective alternative remedy ..... to the controversy raised which was purely factual in nature and could more appropriately be decided in an election petition which remedy was provided by the delhi sikh gurdwaras act and also on the ground that the writ petition was not competent as necessary parties were not impleaded as respondents to the same.23. ..... section 19 of the dmc act lays down powers of the district judge which includes the power to declare the election of all or any ..... , under the karnataka cooperative societies act, wherein the high court in a writ petition under article 226 of the constitution set aside the order by which the nomination ..... the high court with the following observations:where there is an appropriate or equally efficacious remedy the court should keep its hands off. .....

Uttar Pradeshgram Panchayat Adhikari Sangh and ors. Vs. Daya Ram Saroj ...

Court : Supreme Court of India

Reported in : 2007(2)AWC1289(SC); 2006(13)SCALE442; (2007)2SCC138; 2007(2)SLJ451(SC)

..... panchayat raj act 1947 were substituted by new sections ..... for the devolution of powers and responsibilities upon panchayats, subject to conditions as may be specified, with respect to the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh schedule of the constitution.to implement the 73rd constitution amendment, the uttar pradesh panchayat raj act 1947 (u.p. ..... panchayat raj act, 1947 as amended in ..... (6)the prescribed authority may, subject to such conditions as may be prescribed, transfer any employee referred to in clause (b) of sub-section (1) from one gram panchayat to any other gram panchayat within the same district and the state government or such other officer as may be empowered in this behalf by the state government may similarly transfer any such employee ..... authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon panchayats, at the appropriate level, subject to such conditions as may be specified therein, with respect to - (a) the preparation of plans for economic development and social justice;(b) the implementation of schemes for economic development and ..... teeth and the guidelines of the constitution bench judgment in secretary, state of karnataka and ors. v. ..... also dispose off one contention ..... amendment) act, 1992 came into force on 24.4.1993. .....

Girjesh Shrivastava and Others. Vs. State of M.P. and Others

Court : Supreme Court of India

..... to the dismissal of the review petition) was made by the district collector after conducting an inquiry that out of the three alleged cases of relatives of the selectors being selected, two were not `relatives' as defined under section 40 of the madhya pradesh panchayati raj act, 1993. ..... these selection rules which had come into force on 11.07.2001 were made in exercise of the powers conferred under sub- section (1) of section 95 read with sub- section (2) of section 70 of the madhya pradesh panchayati raj avam gram swaraj adhiniyam 1993 (act 1 of 1994).4. ..... one jai pal singh who was found to be a `relative' of layak singh gurjar, a member of the district panchayat, within the meaning of section 40 of the act was interviewed, but was never selected. ..... they had been appointed under the provisions of the madhya pradesh panchayat contractual teachers (conditions of appointment and service) rules, 2001 (hereinafter "2001 rules"). ..... pursuant to the provisions of the said rules, an advertisement was issued by the zila panchayat office, district bhind, to initiate selection process for the appointments. ..... appellants are a group of grade ii and iii school teachers working in panchayat schools as samvida shala shikshak (contractual teachers). ..... karnataka urban water supply & drainage board employees' association and others, reported in (2006) 11 scc 731 (ii), this court held that in service matters only the non-appointees can assail the legality of the appointment procedure ( .....