Court : Madhya Pradesh
Reported in : 2003(4)MPHT435
..... this context it is apposite to refer to madhya pradesh panchayat raj avam gram swaraj adhiniyam, 1993. ..... of priority shall be observed :-- (i) landless persons residing in village; (ii) insufficient holders residing in the village; (iii) landless persons residing in other villages in the same or adjacent taluk; (iv) others: provided that when government directs under section 71 of theact that in any particular area government land shall bereserved for grant to displaced persons and tenants affected byany government project, provisions of rules 5 and 6 will notapply.' 27. ..... after obtaining necessary instructions from the competent authority of the state contended that there is no intention to convert the land which has been kept apart or demarcated under section 237 (2) of the code but to convert such other unoccupied land for which no exercise under the enactment is necessary and thus there is no contravention of any provision ..... the land which is available in praesenti and which would be brought into the scheme for allotment by the state government from other types of unoccupied land except the land carved out under section 237 (1), the said land shall be allotted to the other landless persons as defined under the circular which forms a part of the revenue book circular. ..... wet or garden land half hectare and in the case of dry land one hectare and that the total extent of land held after such grant does not exceed the ceiling area according to the karnataka land reforms act, 1961. 5. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2008)17VST465(MP)
..... the entry is in the course of business or otherwise and, therefore, three things become immediately clear on a perusal of entry 52 of list ii and the provisions of section 3 of the act and they are--firstly, that the charge of entry tax is per se not directly on the movement or the transport of goods as the charging event is not the ..... revenue earned is being made over to the local bodies to compensate them for the loss caused, makes the impost compensatory in nature, as augmentation of their finance would enable them to provide municipal services more efficiently, which would help or ease free-flow of trade and commerce, because of which the impost has to ..... the state releases grant for construction and maintenance of roads as well as for other civic amenities like, grants from the state financial commission tribal sub-plan and other schemes of the central state government and, therefore, as specific allocation of fund is made for most of ..... such details about the expenses incurred in respect of various functions discharged by the panchayat have been furnished which could be related to providing of facilities and benefits to the ..... the bihar (tax on entry of goods into local areas for consumption, use or sale therein) act, 1993 posed a question whether the amount taxed has been established to be compensatory or whether it can ..... karnataka ..... state of rajasthan decided on august 21, 2007 see [2008] 16 vst (raj) by the high court of rajasthan the bench after referring to various spectrum of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ774
..... total number of elected councillors constituting the council for the time being;(ii) the notice of such a meeting specifying the time and place thereof(3) if the office of the president becomes vacant under this section, all powers and duties of the president may, until the election or appointment of his successor, be exercised and performed by the vice president and if there be no vice president by such ..... it held that merely because short notice is given is no ground to hold the meeting as invalid, in para 18 it was said :'the scheme of the notice contemplated under section 24(2) (c) may be divided into three parts - (i) requirement of giving the notice, (ii) fixing the margin of time between the date of the notice and the date of meeting and (iii) service of ..... - (1) a motion of no confidence may be moved against the president or the vice-president by any elected councillor at a meeting specially convened for the purpose under sub-section (2) and if the motion is carried by a majority of two-third's of the elected councillor present and voting and if such majority is more than half of the total ..... to despatch of notice and service thereof, the relevant provision which deals with section 294 of the act.in the background of the aforementioned legal and factual position given by the parties, ..... on a decision of karnataka high court, reported ..... gram panchayat, naurja and others, 1983 mplj 367, was of the view that the notice is required to be despatched ..... of the nagar panchayat, bhitarwar. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... reads as under :--'reservation of posts and seats in panchayats under the mppr act, 1993 :(1) non scheduled areassarpanch under section 17, rule 7 gram panchayat. ..... sarpanchas in the block as the proportion of the scheduled castes and scheduled tribes in the block bears to the total population of the block :provided that for the purpose of computing the number of sarpanch of gram panchayat to be reserved for scheduled tribes in the block, other than the scheduled areas forming part of that block, the total population of the scheduled areas falling within that block and the population of scheduled tribes ..... as held by supreme court, the purpose of creating a bar under articles 243o and 243zg in electoral matters by the court is obviously that objections or alleged breach of law in the process of election here or there by one section of people or one section of contestants in a particular ward/s of constituency should not be allowed to stifle the election process to the detriment of not only the willing contestants but also the entire electorate and to cause waste of huge expenditure, energy and ..... in paragraph 19 of the return it is stated as under :--'that apart from this, the answering recruitments submit that even as per mahajan commission's report and the survey conducted by the respondents, it is found that the population of obcs is evenly spread out in the entire state ..... panchayat raj adhiniyam, 1993 (hereinafter referred to shortly as the act of 1993) have been ..... of karnataka (j.t .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ781
..... therefore, the court held that for an offence under section 14-a of the panchayat raj act and under section 353 of the indian penal code, the chief judicial magistrate could not have directed the accused to hand over charge of office of pradhan ..... and court of session to admit an accused of a non-bailable offence in custody to be released on bail if the offence is of nature specified in sub-section (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section, that is, in order to ensure that such person shall continue to appear in accordance with the bond executed under this chapter or in order to ensure that ..... breach of trust is said to have been committed, shall be handed over to the complainant, this condition cannot be imposed as it is outside the purview of the three clauses under section 437(3) of the code and amounts to compelling the petitioner to give evidence against himself as it would be an incriminating evidence relating to the offence registered against him. ..... any such offence is released on bail under sub-section (1) the court may impose any condition which the court considers necessary -(a) in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this chapter, or(b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or(c) otherwise in the ..... karnataka ..... 1993 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP183
..... panchayat raj adhiniyam, 1993 (1 of 1994) provides in section 122 thereof that an election under this act shall be called in question only by a petition presented in the prescribed manner to the sub-divisional officer in the case of gram panchayat, to the collector in the case of janpad panchayat and to the divisional commissioner in the case of zila panchayat ..... and every such corrupt practice was committed contrary to the instructions and without the consent of the candidate; (b) that the candidate took all reasonable means for preventing the commission of corrupt practice at the election; and (c) that in all other respect the election was free from any corrupt practice on the part of the candidate or any ..... contained in the application filed be-fore the returning officer and not a reference to the allegations contained in the election petition which can be readily elicited from the satyanarain's case (air 1993 sc 367) (supra) in paragraph 4 of the said judgment which reads as follows:--'4. it was pleaded in the election petition that 339 valid ballot papers in favour of the ..... sub-rule (2) if the specified officer is of opinion - (a) that on the date of his election the returned candidate was not qualified or was disqualified to be chosen to fill the seat muter the act; or (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or (c) that ..... karnataka .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(4)MPHT1; 2003(3)MPLJ554
..... to adopt a resolution by including the following points, within maximum six months from the date of commencement of each financial year- (a) in case of municipal corporation under the provisions of section 135 of the act and in case of municipal council and nagar panchayat, under the provisions of sub-section (1) of section 127-a of the act, the determination of such rates of property tax which shall not be less than six per cent and more than ten per cent of the annual letting ..... emphasis has been laid on article 243y which provides that the finance commission constituted under article 243i shall also review the financial position of municipalities and make recommendations to the governor as to the principles which should govern the distribution between the state and the municipalities of the ..... the said case the decision of the patna high court striking down clauses (a) and (c) of sub-rule (1) of rule 3 of the assessment of annual rental value of holding rules, 1993 framed by the state government under section 227 read with section 130 of the patna municipal corporation act and the two notifications issued by the patna municipal corporation under rules 3 and 5 of the said rules, were called in question. ..... state of karnataka, 1989 suppl (1) scc 696 and eventually in paragraph 16 came to hold that the grounds upon which the rules have been invalidated are unsupportable in ..... the aforesaid case, their lordships referred to the decision rendered in the case of dewan daulat raj kapoor v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT315
..... attendance registers which consisted of one attendance register of teachers/staff members and 7 attendance register of students, no record was available in the school premises and all endeavour made by the members of the commission to see the records or to get an explanation with regard to the whereabouts of these records fell on the deaf ears and a total silence was maintained in this regard both the principal of the ..... the order the following points to be looked into by the commission:(i) strength of the students, who are prosecuting their studies in the classes ist to viiith;(ii) strength of the students who have taken admission for the pursuing their academic sessions in classes ix to xiith;(iii) the number of class-rooms which the school premise has, and how many sections are in existence in all the classes;(iv) the strength of the ..... are, therefore, firmly of the view that the gujarat panchayats (third amendment) act, 1978 is unconstitutional, as it offends articles 311 and ..... of the colleges in the private sector are self-financing and are being run without any aid from the state ..... air 1997 karnataka 93, wherein the learned single judge of karnataka high court ..... (1993) ..... after implementation of panchayati raj system and other educational schemes by ..... , air 1993 sc 2178, wherein the constitution bench while dealing with the aspect of right to establish an educational institution came to hold that establishing an educational institution can neither be a trade or business nor can it ..... 1993 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP182
..... emphasis has been laid on article 243y which provides that the finance commission constituted under article 243i shall also review the financial position of the municipalities and make recommendations to the governor as to the principles which should govern the distribution between the state and the municipalities of ..... further that against the order passed by the municipal officer under the first proviso, an appeal may be filed before the mayor-in-council in case of a municipal corporation and president-in-council, in case of a municipal council, or nagar panchayat within thirty days from the date of passing the orders, on which the mayor-in-council or the president-in-council, as the case may be, after hearing the parties concerned, shall give its decision which shall ..... in the said case the decision of the patna high court striking down clauses (a) and (c) of sub-rule (1) of rule 3 of the assessment of annual rental value of holding rules, 1993 framed by the state government under section 227 read with section 130 of the patna municipal corporation act and the two notifications issued by the patna municipal corporation under rules 3 and 5 of the said rules, were called in question. ..... state of karnataka. ..... in the aforesaid case, their lordships referred to the decision rendered in the case of dewan daulat raj kapoor v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP99
..... to conclude, the norms, guidelines and standards for admission to the institutions recognized by the ncet under section 14 of the act, are not only objective but are also mandatory in nature. ..... ), are institutions recognized by the regional committee of the national council for teacher's education act, 1993, (hereinafter referred to as the 'act'), for offering b.ed. ..... state of karnataka : air2003sc3724 and p. a. ..... state of karnataka : air2003sc355 ; islamic academy of education v. ..... we are in this petition concerned with a medical college, and it is well known that it requires considerable finance to maintain such an institution. ..... further, uniform norms have been laid down by the ncte, the apex body constituted under a central act for ensuring planned and co-ordinated development of teacher's education. ..... it has also been submitted that the rules have been framed by the state in consonance with the objects set forth and guidelines laid down for framing such rules in act and regulations made thereunder. ..... the act is a central act, provisions of which are intra vires the constitution. ..... the constitutionality of the act and the regulation has already been upheld by the apex court, in st. ..... colleges after grant of necessary permission recognizes predominance of the ncet over the state in the matter of teacher education as defined in clause 2 of the act. .....
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