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Judgment Search Results Home > Cases Phrase: manipur municipalities act 1994 chapter viii municipal taxation Page 6 of about 1,048 results (0.163 seconds)

Jan 09 1996 (HC)

Ramchandra Bhagwanji Desai Vs. Gulabbhai Kalidas Desai and ors.

Court : Gujarat

Reported in : AIR1996Guj179; (1996)1GLR586

..... preliminary objection was raised pointing out that since there is an alternative remedy under section 14 of the gujarat municipalities act for determining validity of the municipal election and since that has not been availed of thiscourt should not exercise its jurisdiction under article 226 of the constitution of india and this court noticing various judgments of ..... by way of this special civil application, the petitioner has challenged the order of the gujarat state co-operative tribunal, ahmedabad dated 30-9-1994 whereby the tribunal has upheld the decision of theboard of nominee dated 26-8-1994 holding the petitioner -- defendant gulabbhai kali-das desai disqualified for contesting the election of director in view of rule 26(b) of sardar bhilwadwala pardi ..... guj lr 1058 : (air 1976 guj 105), the gujarat co-operative act came to be amended by introducing chapter xia, which provides for election of committees and officers of certain societies. ..... to prohibit entertainment of election dispute in the case of primary co-operative societies before declaration of the result of election, the applicability of chapter xia would not have been restricted to specified/ apex societies. ..... the provisions reads thus:'section 145a -- all sections of this chapter except section 145z shall apply to committees of societies belonging to categories ..... chapter xia deals with the election of committees of specified/ apex societies, and not primary cooperative societies except section 145z which is evident .....

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Feb 23 2006 (HC)

Anilbhai Natubhai Patel Vs. Jayrajbhai Jayantibhai Patel and 7 ors.

Court : Gujarat

Reported in : (2006)2GLR1233

..... issued a notice under section 32 of the gujarat municipalities act, 1963 (hereinafter referred to as 'the act') and rules 3 and 4 of the gujarat municipalities (president and vice president) election rules 1964 (hereinafter referred to as 'the rules' or 'the election rules') declaring the program for election of president and vice president of the anand municipality on 8.11.2005 at 1.00 pm in the anand municipality meeting hall. ..... (v) the scope of judicial review is very limited as held in -(i) : [1994]2scr644 (ii) (1992) supp 2 scc 312 (paras 7 & 8)(iii) : (2003)9scc592 (vi) the allegations of malice in fact cannot be ..... viii ..... 8.11.2005 alleging that the complainant-petitioner and a lady councillor were taken in the police van in order to prevent them from voting at the elections of president and vice president of the municipality and in the said complaint he had named the following persons as witnesses:-mohammed safi gulamnabi vohraidrishbhai hajiismailbhai vohra alias bhanabhaishashikant manubhai patelalthough the complaint was filed on 9.11.2005 and the learned jmfc ..... 21 and 22 hereinabove and the observations made in the report of the police commissions as quoted in the preceding paragraph, we have no hesitation in coming to the conclusion that the arrest of the two municipal councillors anilbhai patel and meenaben gohil was made at such time and for such duration with the sole intention of preventing them from attending the meeting for election of president and vice president .....

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May 08 1998 (SC)

Krishna Kumar Singh and anr. Etc. Etc. Vs. State of Bihar

Court : Supreme Court of India

Reported in : AIR1998SC2288; JT1998(4)SC58; (1998)IIIMLJ100(SC); 1998(3)SCALE482; (1998)5SCC643; [1998]3SCR206

..... 2 scr 380, the high court set aside the elections held for cuttack municipality on the ground that electoral rolls had not been prepared in accordance with the provisions of the orissa municipalities act, 1950. ..... it necessary for him to take immediate action, he may promulgate such ordinances as the circumstance appear to him to require :xxx xxx xxx(2) an ordinance promulgated under this article shall have the same force and effect as an act of the legislature of the state assented to by the governor, but every such ordinance -(a) shall be laid before the legislative assembly of the state, or where there is a legislative council in the state, before both the houses, and ..... this group of appeals arises from a judgement of the division bench of the patna high court dated 9.3.1994 in a group of writ petitions filed by the teaching and non-teaching staff of various sanskrit schools in the state of bihar. ..... (vii) 'rules' means rules made under section 14 of this ordinance.chapter 2taking over of management and control3. ..... as are admissible to teaching and non-teaching employee of the taken over secondary schools of bihar.chapter 3 management of schools5. ..... for improvement better organisation and development of sanskrit education in the state of bihar; now, therefore, in exercise of the power conferred by clause (1) of article 213 of the constitution of india the governor is pleased to promulgate the following ordinance:-chapter 1preliminary1. .....

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Jul 17 1998 (HC)

Haryana State Lotteries, Iqbal Chand Khurana, M/S K and Co., M/S. Sunr ...

Court : Delhi

Reported in : 1998(46)DRJ397

..... we have dealt with the opinion of eminent jurists available in their celebrated works and treatise, also referred to two decisions of the supreme court which have preceded the municipal corporation for city of pune's case, that being the later case, under article 141 of the constitution the law laid down therein is binding on us. ..... the learned counsel submitted that assuming that delhi sales tax act ( 2nd amendment act) 1994, inserting clause (cc) in sub-section (1) of section 4 of the act, was within the legislative competence of delhi legislature, still levy of sales tax on sale of lottery tickets prior to that date cannot be sustained in view of the principles of desuetude and contemporanea ..... . state of karela, : [1975]1scr121 the constitution bench has approved the object of taxation being not only to raise revenue but also to regulate the economic life of the ..... of desuetude has been exhaustively dealt with in sutherland's statutory construction, (5th edn), vol-2, in two chapters entitled 'abrogation of penal statutes by non-enforcement' and 'desuetude as the defense' (pp 558-660). ..... viii) plea of mala fides re: (i) the impugned legislative amendment and (ii) the impugned notices u/s 23(6) dst act ..... the constitution (69th amendment) act, 1991, article 239aa was introduced in part viii of the constitution. ..... . viii) the impugned levy of tax @ 20% on sale of lottery tickets is neither arbitrary ..... (viii) that tax on lottery tickets @ 20% is unreasonable and discriminatory; hence hit by art .....

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Jan 31 2002 (HC)

All Kerala Chartered Accountants Association Vs. Union of India (Uoi)

Court : Kerala

Reported in : (2002)176CTR(Ker)268; [2002]258ITR679(Ker)

..... chapter v of the finance act, 1994, as amended by the finance act of 1998, deals with the subject ..... of managerial personnel and payment of managerial remuneration to them without the approval of the central government under section 26d and schedule xiii, of the companies act, 1956 (1 of 1956); or (vii) certification of documents to be filed by companies with the registrar of companies under the companies act, 1956(1 of 1956);or (viii) certification in form i that the whole of the amount remaining unpaid or unclaimed for a period of three years from the date of transfer to ..... that classification under article 14 would be permissible if the classification for the purpose of levy of profession tax on lawyers practising within the bangalore urban agglomeration differently from those practising within the municipal limits of district headquarters, and also classification based on length of standing in the profession was upheld. ..... that, relating the service tax to the gross charges collected by the practising chartered accountants would amount to double taxation on the income earned by the chartered accountants, and, therefore, unconstitutional.legislative competence of parliament :5. ..... garg case that laws relating to economic activities or those in the field of taxation enjoy a greater latitude than laws touching civil rights such as freedom of speech ..... latitude certain irreducible desiderata of equality shall govern classifications for differential treatment in taxation laws as well. .....

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Jan 20 2006 (HC)

Som Lal Vs. Vijay Laxmi

Court : Punjab and Haryana

Reported in : (2006)143PLR81a

..... at this stage, it may also be noticed that like the punjab panchayati raj act, 1994, there exists a separate legislation known as the punjab municipal act, 1911 which provides the constitution of municipal council/nagar panchayats, their powers, duties and functions, reservation of seats and elections of president and other office-bearers of these elected bodies and the term of their office as also the procedure for resignation, ..... or section 376a or section 376b or section 376c or section 376d or section 498a or section 505 of the indian penal code, 1860 or any offence punishable under chapter xiii of this act unless a period of six years has elapsed since the date of such conviction; or(f) if he holds an office of profit under a panchayat or a municipality; or(g) if he holds an office of profit under the government of india or any state government; or(h) if he is interested in any subsisting contract made with, or any work being done for ..... chapters vi to viii pertain to panchayat samitis and zila parishads, to which we are not concerned in the present case. ..... chapter iv, captioned as 'disqualifications' contains the disqualifications of a person for being chosen as, and for being a member of a panchayat or a municipality (ref: section 11). ..... 'general procedure of elections' is laid down in chapter ix whereas chapter x is exclusively devoted on the 'polling of votes' followed by chapter xi pertaining to the 'counting' thereof. .....

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Jul 02 2012 (SC)

Village Panchayat, Calangute Vs. the Additional Director of Panchayat- ...

Court : Supreme Court of India

..... keeping with the constitution amendment relating to panchayats for greater participation of the people and more effective implementation of rural development programmes.15. "chapter i of the act contains definitions of various terms including" panchayat" which means a village panchayat established under section 3.chapter ii contains provisions relating to gram sabha and constitution of panchayats including election to the panchayats in which every person enrolled in the ..... vested in the appellate authority under section 201 because the source of power of the resolutions passed by the appellant and the notice issued by the sarpanch cannot be traced in sections 76, 77, 84, 104 and 105 of the act which relate to removal of any building or part thereof or any tree or branch of a tree if it is in a ruinous state or is likely to fall or is otherwise dangerous to any person occupying such ..... whether a village panchayat established under section 3 of the goa panchayat raj act, 1994 (for short, 'the act') or any other statutory dispensation existing prior to the enactment of the act has the locus to file a petition under article 226 and/or 227 of the constitution for setting aside an order passed by the designated ..... that of a municipality or such ..... referred to in clause (1) and the tribal areas referred to in clause (2) of article 244, the states of nagaland, meghalaya and mizoram, hill areas in the state of manipur for which district councils exist as also the hill areas of darjeeling. ..... .....

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May 10 2000 (HC)

Suresh Chandra Sharma and ors. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2000(4)MPHT12; 2000(2)MPLJ530

..... to prevent the outbreak or spread or recurrence of infectious disease;(s) preparing such annual reports on the municipal administration as the state government may by general or special orders, require the council to submit;(t) erecting substantial boundary marks of such position as shall be approved by the collector defining the limits or any alteration ..... having such water analysed periodically;(m) naming streets and parks and numbering houses;(n) registering births, marriages and deaths;(o) public vaccination;(p) providing suitable accommodation for any calves, cows or buffaloes required within the municipal limits for the supply of animal lymph;(q) registration of cattle and carrying out the census of agricultural cattle at such intervals as may be prescribed;(r) taking such measures as may be required ..... force for disposal of dead bodies during epidemics and other unforeseen emergencies;(i) securing or removing dangerous building or places, and reclaiming unhealthy localities;(j) constructing, altering and maintaining public streets, culverts, municipal boundary marks, markets, hats, slaughter-houses, latrines, privies, urinals, drains, sewers, drainage works, sewerage works, baths, washing places, drinking fountains, tanks, wells, dams and ..... . chapter vii of the act deals with municipal taxation and ..... . chapter-viii deals with termination, superannuation .....

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Apr 30 2001 (HC)

V. Shanmughavel and anr. Vs. Commissioner of Central Excise and ors.

Court : Chennai

Reported in : 2001(131)ELT14(Mad); [2002]254ITR717(Mad); (2001)2MLJ581; 2006[2]STR466; [2007]6STT183

..... the respondent, commissioner of central excise, chennai, by his letter dated may 1, 1998, informed the chairman of the institution of valuers that as per sub-clause (g) of clause (41) of section 65 of the finance act, 1994, as amended, the term 'taxable service' has been defined as any service provided to a client, by a consulting engineer in relation to advice, consultancy or technical assistance in any manner in one or more disciplines of engineering is deemed to be a ' ..... 2, the sentence reads as follows :'all the members of the association are either registered surveyors with the municipality and panchayat or consulting engineers rendering consultancy to their clients in the respective branches.'23. ..... of the following categories : (i) feasibility study;(ii) pre-design services/project report;(iii) basic design engineering ;(iv) detailed design engineering ;(v) procurement;(vi) construction, supervision and project management;(vii) supervision of commissioning and initial operations ;(viii) manpower planning and training ;(ix) post-operation and management;(x) trouble shooting and technical services, including establishing systems and procedures for an existing plant. ..... that chapter was introduced by the taxation laws (amendment) act, 1972, with effect from november ..... petition, the petitioner is stated to be an association of licensed engineers and surveyors, who are registered surveyors with the municipality or town panchayat or consulting engineers rendering consultancy services. .....

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Apr 20 2004 (SC)

Ramesh Mehta Vs. Sanwal Chand Singhvi and ors.

Court : Supreme Court of India

Reported in : AIR2004SC2258; JT2004(Suppl1)SC275; RLW2004(2)SC269; 2004(5)SCALE27; (2004)5SCC409; 2004(2)LC1307(SC)

..... adverting to the arguments advanced on both sides, we reproduce hereinbelow the relevant provisions of the said act (pre and post 1994):- a comparative chart showing the provisionsof the rajasthan municipalities act, 1959before and after the amendment in 1994:--provisions prior to amendmentprovisions after amendment'9. ..... by reason of the amendment in the constitution and consequent amendment by the state legislature in the rajasthan municipalities act, however, no indication has been given that by reason thereof a special right is sought to be created in the nominated members although they would not participate in such a proceedings and would not have any voting right ..... shall have power to withdraw a member nominated under sub-clause (ii) at any time;(iii) the term of co-opted members, if any, who were co-opted and are continuing as such on the date of commencement of the rajasthan municipalities (second amendment) act 2000 (act no.22 of 2000) shall come to an end upon such commencement;provided further that a member referred to in sub-clause (ii) shall not have the right to vote in the meetings of a board, council or corporation as the ..... (1)&(2) of the constitution was inserted by constitution (seventy fourth) amendment act, 1994 under chapter xiv-b. ..... counsel for respondent no.1 further pointed out that in 1994, sections 9, 65 and 72 of the act were amended in pursuance of the new chapter xiv-b being inserted in the constitution by constitution (seventy fourth) amendment act, 1994. .....

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