Judgment Search Results Home > Cases Phrase: karnataka panchayat raj act 1993 section 280 penalty for acquisition by officer or servant of interest in contract Page 9 of about 89 results (0.163 seconds)

Siddappa Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2006(2)KarLJ224

..... assailing the correctness of the mutation entry dated 16th september, 1998 vide annexure-a, the third respondent herein has filed the appeal on the file of the second respondent-executive officer, taluk panchayat, madhugiri taluk, tumkur district under section 269 of the karnataka panchayat raj act, 1993 and the appeal filed by third respondent had come up for consideration before the second respondent on 30th november, 2002. ..... straightaway, the second respondent has proceeded to pass the impugned order contrary to the mandatory provisions of the karnataka panchayat raj act and therefore, the impugned order passed by the authority is liable to be set aside. ..... 36 of 1998-99 vide annexure-a by the second respondent is one without jurisdiction and contrary to the mandatory provisions of the karnataka panchayat raj act and that, the specific finding given by second respondent is in consonance with the mandatory provisions of the act. ..... is going to cause to the public in general and to third respondent in particular since the said villages are adjacent and has further specifically pointed out that, there is no document as such produced by the secretary of the grama panchayat in support of the entry made on 16th september, 1998, after thorough verification of the material available on the file of grama panchayat for the reason that, the matter was not placed before the grama .....

M. Vemala Nayaka and Others Vs. Smt. Raniyamma and Another

Court : Karnataka

Reported in : ILR1997KAR2449

..... shimoga zilla-panchayat has been constituted under the provisions of the karnataka panchayat raj act, 1993 (for short 'the act'). ..... adhyaksha and upadhyaksha in the state from each categories reserved for persons belonging to the scheduled castes, scheduled tribes and backward classes and those which are non-reserved, for women;provided that the offices reserved under this section shall be allotted by rotation to different zilla panchayat'.from a reading of the above said provision it is clear that under sub-section (2)(c) of section 177 of the act, not less than 1/3rd of the total number of adhyaksha and upadhyaksha in the ..... state for each category shall be reserved for persons belonging to scheduled castes, scheduled tribes and backward classes .....

R. Prasanna Kumar and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR1999KAR1378; 1999(3)KarLJ295

..... in that case the division bench was considering the term of office of the adhyakshas of the zilla and talukpanchayats in terms of section 138(3) of the karnataka panchayat raj act, 1993. ..... ) and the appeals were referred to the full bench, as the judgment in m, siddappa's case, supra, and connected petitions is delivered by the division bench interpreting section 138 of the panchayat raj act which is similar to section 42(11) of the act holding that adhyaksha and upadhyaksha elected under the act will hold office for the entire period. ..... after the above judgment the panchayat raj act was amended removing that lacuna in the act.21. ..... construction, and hence the aforesaid observations is eminently applicable here'.therefore, even if there is a possibility of two interpretations, the interpretation to hold that the president and vice-president elected in a casual vacancy will continue only for the remainder period has to be upheld as it will be in accordance with the policy of reservation by rotation.in state of bihar and others v bihar distillery limited, the supreme court was considering the constitutional validity of the provisions of the ..... considering the provisions of the forward contracts regulation act, 1952 his lordship subba rao, j. .....

M. Puttegowda and anr. Vs. the Assistant Commissioner, Mysore

Court : Karnataka

Reported in : 2002(1)KarLJ16

..... was elected unopposed for the post of adhyaksha and appellant 2 was elected as vice-president in accordance with the provisions of the karnataka panchayat raj act, 1993 (for short, 'the act') and the rules ..... challenging the notice issued by the respondent dated 12th of july, 2001 convening the meeting of the gram panchayat for considering the vote of no-confidence for 7th of august, 2001 on the ground that the notice for convening the meeting had been issued in violation of the first proviso to section 49 of the act and rule 3 of the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994 (for short, 'the rules').5. ..... the assistant commissioner thereafter has to convene the meeting for considering the said motion at the office of gram panchayat on a date appointed by him which shall not be later than 30 days from the date on which the notice under sub-rule (1) was delivered to him by giving a notice of not less than 15 clear ..... tendering the said notice to such member; or (b) if such member is not found, by leaving such notice at his last known place of residence or business within the gram panchayat or by giving or tendering the same to some adult member or servant of his family; or (c) by registered post; or (d) if none of the means aforesaid be available, by affixing such notice on some conspicuous part of the house, if any, in which the member is known to have last resided or carried on business within the gram panchayat. .....

Maruti Parashram Kugaji and ors. Vs. State of Karnataka and ors.

Court : Karnataka

..... and surprise to these petitioners, when they have received the notices vide annexures-d1 to d18 issued by the 2nd respondent without jurisdiction and he is not a competent authority to issue such notices under section 136 of the karnataka panchayat raj act, 1993. ..... learned senior counsel for the petitioners vehemently submitted that, 2nd respondent herein by invoking section 136 of the panchayat raj, act, assuming the power, has issued the impugned notices dated 3-3-2006 vide annexures-d1 to d18 and the ..... cause notices stalling enquiries as proposed an retarding investigative process to fine actual facts with the participation and in the presence of parties is deprecated and the writ petitions should not be entertained for the mere asking and as a matter of routine, and writ petitioner should invariably be directed to respond to the show-cause notice and take all stands highlighted in the writ petition. ..... show-cause notices issued, all these petitioners have filed their objections as submitted by the learned senior counsel for petitioners and one of the objection filed by the petitioner 10 is produced at annexure-c. ..... further, the petitioners have sought for a direction calling upon the 1st respondent to enquire into and take the required remedial action against the 3rd respondent for the usurpation and assumption of the powers of the government that the 3rd respondent has resorted to in issuing the impugned notices dated 3-3-2006 mentioned above, and ensure the rule of law adumbrated .....

D. Narayanappa Vs. State of Karnataka and ors.

Court : Karnataka

..... of post of 'bill collector' in such grama panchayats has been regulated in terms of the government guidelines/circulars issued from time to time earlier under the grama panchayat and mandal panchayat act and later karnataka panchayat raj act, 1993, which has replaced the earlier statutory provisions. 13. ..... 5 is that the respondent 5 had been appointed as a 'bill collector'; as he had the necessary qualification of having passed sslc; that the grama panchayat has passed resolution in his favour not once but thrice; that the respondent 5 even functioned as a 'bill collector' for a month; that the present interim order has come in the way of his continued working and therefore the interim order should be vacated and the respondent ..... the petitioner being aggrieved had preferred an appeal to the third respondent-executive officer, taluk panchayat, tumkur - as against this resolution and initially met with success, as the appellate authority stayed the resolution in terms of order dated 12-8-2003 (copy at annexure ..... 1416 of 2005 before this court, praying for issue of a writ of mandamus to direct the chief executive officer, zilla panchayat, tumkur to accord approval to the resolution of the panchayat appointing him as the bill collector, particularly when the appellate authority having vacated ..... interestingly, the petitioner was not a party to this writ petition, and the writ petition came to be disposed of by this court in terms of the order dated 23-9-2005 (copy at annexure-f), inter .....

T. Palaksha Vs. the Assistant Commissioner, Chitradurga Sub-division a ...

Court : Karnataka

Reported in : 2004(1)KarLJ595

..... under sub-section (2) of section 13 of the karnataka panchayat raj act. ..... there is no force in the submission made by the learned counsel for the petitioner that the reports and the documents are concocted behind the back of the petitioner and at no point of time he has received the cheque in the name of his son nor he has received rice from the panchayat office through the secretary, and the same is liable to be rejected at threshold.6 ..... further, he has submitted that neither the panchayat has entrusted the work to his son nor he has received 45 packets/bags of rice from the panchayat office. ..... the receipt of the reply, 1st respondent had called for reports from the secretary of the grama panchayat and the junior engineer of the zilla panchayat engineering division. ..... careful perusal of the records made available by the government pleader, at page 10, it is clear that, the petitioner himself has issued the receipt for having received 45 bags/packets of rice on 25-8-2002 and he has put his signature as 't. ..... along with the objections, he has produced the acknowledgement given by the petitioner for having received 45 packets/bags of rice on 25-8-2002 wherein, the petitioner himself has put his signature and also the reports submitted by the secretary and the concerned ..... the principal submission canvassed by the learned counsel for the petitioner is that, the 1st respondent has proceeded to pass the impugned order without affording sufficient opportunity to the petitioner to put forth his .....

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)

..... mandal 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).'24. ..... hence, they would not be covered by the definition provided under section 2(a)(5) of the act, which defines 'local area' to mean:--''local area' means an area within the limits of a city under the karnataka municipal corporation act, 1976 (karnataka act 14 of 1977) a municipality under the karnataka municipality act, 1964 (karnataka act 22 of 1964) a notified area committee, a town board, a sanitary board or a cantonment board constitute or continued under any law for the time being in force and a mandal under the karnataka zila parishads, taluk panchayat samithis. ..... (2) further, article 304(b) empowers the state legislature to impose reasonable restrictions on freedom of trade, commerce or intercourse with or within the state as may be required in the public interest.for such restrictions to be valid, the state must obtain previous sanction of the president before introduction of the bill in the legislature of state.27. ..... the act and the notifications issued thereunder were declared unconstitutional and mandamus was issued directing the state government and its officers to forebear from enforcing the provisions of the act. .....

Smt. Parvathi Vs. the Assistant Commissioner, Haveri Sub-division, Hav ...

Court : Karnataka

Reported in : ILR1997KAR3230; 1998(1)KarLJ399

..... some of the members of the panchayat moved a no confidence motion against the petitioner by giving the notice to the assistant commissioner as contemplated under the karnataka panchayat raj act, 1993 (for short 'the act'). ..... rule 3 of the karnataka panchayat raj (motion of no confidence against adhyaksha and upadhyaksha) rules, 1994, provides the procedure for moving the no confidence motion. ..... sub-rules' (1) and (2) of rule 3 of the rules reads thus;-- '(1) a written notice of intention to make the motion under the proviso to section 49 of the act, shall be in form i signed by not less than one third of the total number of members together with a copy of the proposed motion shall be delivered in person by any two of the members signing the notice to the assistant ..... this ten days notice to the assistant commissioner will not come in the way of the assistant commissioner to call for the meeting to consider the motion of no confidence before the expiry of 10 days from the date he received the notice. ..... from the reading of the rules with the proviso to section 49 of the act, it is clear that the persons who intend to move the no confidence, shall give at least ten days notice to the assistant commissioner ..... (2) the assistant commissioner shall thereafter convene a meeting for the consideration of the said 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 on which the notice under sub-rule (1) was delivered to him. .....

Smt. Mahalakshmi and Another Vs. the Deputy Commissioner, Bellary Dist ...

Court : Karnataka

Reported in : ILR2000KAR3576; 2000(6)KarLJ559

..... the said panchayat has been constituted as provided under section 4 of the karnataka panchayat raj act, 1993 (hereinafter referred to as 'the act'), and it consists of karekallu i and ii, byalachintha, gollaranagenahalli, tembarahalli and dasaranagenahalli villages. ..... --for the removal of doubts it is hereby declaredthat the principle of rotation for purposes of reservation of officesunder this section shall commence from the first election to beheld after the commencement of the karnataka panchayat rajact, 1993'. ..... question is that merely because reservations have been provided under clauses (a), (b) and (c) of sub-section (2) of section 44 of the act providing for reservation to scheduled castes, scheduled tribes and backward classes, in respect of the offices of adhyaksha and upadhyaksha; and one-third of the offices reserved for scheduled castes, scheduled tribes and backward classes and of those which are non-reserved, shall be reserved for women, whether a woman belonging to scheduled caste, scheduled tribe or backward class is prevented from contesting ..... article 46 of the constitution mandates the state to promote with special care the educational and economic interests of the weaker sections of the people and in particular, of the scheduled castes and scheduled tribes and to protect them fromsocial injustice and all forms of exploitation. .....