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Bhavesh Jayanti Lakhani Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : 2009(5)LHSC2857; JT2009(11)SC279; 2009(11)SCALE467; (2009)9SCC551; 2009AIRSCW6309

..... treaty entered into by and between india and the united states of america ;b) a matrimonial dispute would not ordinarily come within the purview of the act;c) the provisions of the act as also enforcement of the extradition treaty would arise only when a person is a fugitive criminal and he has committed an extraditable offence and not otherwise.the extradition treaty21. ..... .(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of india which, if committed in india, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise ..... - supposes satisfaction of a police officer to arrest a person, if he has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received in, any act committed at any place out of india which, if committed in india, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise ..... (iii) keeping in view the provisions contained in chapter iii of the act in terms whereof before passing an order of extradition the magistrate is required to be satisfied whether the appellant is a fugitive criminal and furthermore ..... . in 1994, parliament added chapter viia titled: 'reciprocal arrangements for assistance in certain matters and procedure for ..... ( .....

Girnar Traders and Digambar Motiram Jhadhav. Vs. State of Maharashtra ...

Court : Supreme Court of India

..... construction of the amenity on the surrendered land at his cost, as the final development control regulations prepared in this behalf provide, or(c) by making an application to the state government for acquiring such land under the land acquisition act, 1894, and the land (together with the amenity, if any, so developed or constructed) so acquired by agreement or by grant of floor space index or additional floor space index or transferable development rights under this sections ..... -i (supra) felt that there were good reasons for reading the provisions introduced by the land acquisition (amendment) act, 1984 (hereinafter referred to as the `central act 68 of 1984') into chapter vii of the maharashtra regional and town planning act,1966 (for short, `the mrtp act' or `the state act') and section 11a of the land acquisition act, 1894 (for short, `the land acquisition act' or `the central act') is one of such provisions. ..... vithal rao3) secondly, sant joginder singh (supra) appears to have been doubted by a judgment2) (1994) 1 scc 923) (1973) 1 scc 500 paragraphs 30 and 31 of another bench of two learned ..... dated 19th march, 1994 for developing the land, filed by the appellant under section 44 of the mrtp act, was turned down ..... 1994 the appellant issued second purchase notice under section 49(1) of the mrtp act ..... 126(4) of the mrtp act, as aforesaid, nothing happened till march 1994. ..... [(1994) 1 scc 92], one member of the bench of this court, relied upon the principle stated in hindusthan .....

K.H.V. Prasad and ors. Vs. Govt. of Andhra Pradesh Rep. by Its Princip ...

Court : Andhra Pradesh

Reported in : 2009(4)ALT71

..... act, similar amendment was made by amending section 41 and inserting section 43-a and all the said amendments were extended to and applied to vijayawada municipal corporation act and visakhapatnam municipal corporation act and to any municipal corporation constituted under the ap municipal corporations act, 1994 ..... by the respondents while answering various queries of the citizens regarding the penalization scheme under the chapter 'frequently asked questions' in the said brochure. ..... by the petitioners without due permission from the gram panchayat, gopalapuram, warangal district as illegal.52. ..... the owner, or by an individual as the case may be, unauthorisedly or in deviation of the sanctioned plan as on the date of commencement of the andhra pradesh municipal laws and urban areas (development) (second amendment) act, 2008 as a one time measure, as per the procedure and by levying such penal amount as may be prescribed and upon payment of such amount all pending or contemplated proceedings and action of enforcement shall be deemed to ..... made by owner, or by an individual as the case may be unauthorisedly or in deviation of the sanctioned plan as on the date of commencement of the andhra pradesh municipal laws and urban areas (development) (second amendment) act, 2008 as a one time measure, as per the procedure and by levying such penal amount as may be prescribed and upon payment of such amount, all pending or contemplated proceedings and action of enforcement shall be deemed .....

K.J. Basavarai Vs. State of Karnataka and Others

Court : Karnataka

..... the 1st respondent having passed an order dated 22.11.2013, vide annexure-a, in exercise of the power under s.43-a of the panchayat raj act, 1993 (for short, 'the act') removing smt. ..... patil, contended that by virtue of the provision in s.113 of the act, the appointing authority of the petitioner being the grama panchayat, the panchayat development officer was devoid of jurisdiction or power to suspend the petitioner, pending disciplinary enquiry and that the impugned order is a nullity. 4. ..... said panchayat having been bifurcated, on 01.04.1994, the chief executive officer, zilla panchayat, mysore, posted the petitioner to belwadi grama panchayat, taluk and district mysore. ..... chapter-v of the act is with regai-d to 'staff of the grama panchayats'. ..... (2) and (3) of s.113 cf the act, an appeal lies under sub-s. ..... s.113 of the act being relevant, the same reads as follows "113. ..... (4) of s.113 of tne act. ..... acting on the said order, the panchayat development officer of belwadi grama panchayat having passed an order of suspension dated 17/21.12.2013 placing the petitioner under suspension, this writ petition was filed on 23.12.2013, to quash the order of .....

Venkatrayapuram Industrial Area Township Vs. Government of A.P.Rep., b ...

Court : Andhra Pradesh

..... be constituted as municipalities; an industrial township can be constituted, in accordance with the proviso to article 243q(1).making provision under the a.p.municipalities act, and not under the a.p.panchayat raj act; section 5 of the 1994 act, dealing with townships, is ultra-vires the constitution of india; consequently the very constitution of the township, invoking section 5 of the 1994 act, is nonest in law; it should, therefore, be treated only as a panchayat for all practical and legal purposes; and, hence, ..... of buildings (sections 176, 177 and 178).cause the chief public streets to be watered (section 180).prohibit obstruction over streets (section 189).regulate construction of buildings (chapter iv).take precautions in case of dangerous structures, trees and places (chapter v).prohibit corruption of water by chemicals (section 270-a).provide municipal slaughter-houses (section 271).make provision for public markets (section 276).cause constant and vigilant inspection of animals ..... after consultation with the state election commission, the state government issued g.o.ms.no.712 panchayat raj and rural development department dated 13.11.1995 deleting an extent of ac.395.79 cts from mandapaka gram panchayat, for constitution of the venkatrayapuram industrial area township (hereinafter called the township).thereafter the township was declared and constituted, under section 5 of the 1994 act, vide g.o.ms.no.159, pr & rd dated 02.04.1998 which was published in the .....

Gajraj and Others Vs. State of U.P. and Others

Court : Allahabad

..... the date of notification made under the said proviso, stand excluded from such panchayat area and no panchayat shall be constituted for such industrial development area or part thereof under the united provinces panchayat raj act, 1947 or the uttar pradesh kshettra panchayats and zila panchayats adhiniyam, 1961, as the case may be, and any panchayat constituted for such industrial development area or part thereof before the date of such notification ..... name of village date of notifications under sections 4 and 6 date of taking possession date of award nithari @ suthari 1/6/1976 28/10/1976 15/7/1978 16/9/1976 sadarpur 28/1/1994 10/11/1995 28/6/1999 23/10/2009 khoda 17/3/1988 11/7/1988 01/6/1989, 01/9/1995 12.7.1995, 15.3.1995 01/12/1991 sultanpur 10/2/1994 18/7/1994 24/8/1995 09/5/1997 sultanpur 06/12/1999 09/3/2000 14/12/2000 18/6/2005 chaura sadatpur 01/6/1976 16/9/1976 28/10/1976 25/9/1978 alaverdipur 21/3/1983 22/3/1983 learned counsel appearing for the state as well as the learned counsel appearing for the authority ..... after hearing learned counsel for the parties, we are of the view that the applicants namely; allottes/builders shall be heard by this court under chapter xxii rule 5a of the high court rules without being formally impleaded to the writ petition. ..... article 243q(1) proviso came for consideration before the apex court in (1999) 2 supreme court cases 366 saij gram panchayat vs the state of gujarat and ors. .....

Sri T Nagaraju Vs. Assistant Commissioner

Court : Karnataka

..... he would invite the attention of the court to section 49(1) of the karnataka gram swaraj and panchayat raj act, 1993 (for short, the act) which mandates that every adhyaksha or upadhyaksha who has lost the confidence, shall on the passing of the motion be deemed to have vacated the office and he would submit that the motion having ..... it is contended by the learned counsel for the petitioner in the lead writ petition, that the meeting notice is violative of the provisions of rule 3 of the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of grama panchayat) rules, 1994 (for short, rules of 1994), in as much as, that 15 days clear 11 notice is not given and that in the absence of 15 days clear notice, the meeting convened pursuant to the said notice stands vitiated being ..... the date of receipt and the meeting date, there are only 13 clear days and hence, there is violation of rule 3(2) of the rules of 1994, and hence, the meeting notice stands vitiated and accordingly, the writ petition requires to be allowed and the proposed meeting notice and consequential action are required ..... the ruling of the division bench rendered in the case of muniyappa & others vs state of karnataka ilr1998kant3989 to contend that the position in law has not changed even after the amendment to the act 1993 and he would submit that the full bench and division bench have categorically held rule 3(2) is mandatory.7. ..... in 23 chapter-iii of the 1993 act. ..... the same chapter, section .....

All Kerala River Protection Council Vs. State of Kerala

Court : Kerala

..... dismissed giving liberty to the appellant to make fresh application before the panchayat for obtaining licence under the kerala panchayat raj act after obtaining necessary permit for quarrying operations in accordance with the 2015 rules. ..... prospecting or mining operations in any are, except under an in accordance with the terms and conditions of a reconnaissance permit or of a prospecting licence or, as the case may be, of a mining lease, granted under this act and the rules made thereunder: provided that nothing in this sub-section shall affect any prospecting or mining operations undertaken in w.p(c) no.31148 of 2014 & connected cases -:54. ..... the notification dated 14.09.2006 can be modified only by a similar notification and no notification having been issued by the central government under the 1986 act modifying or amending the notification dated 14.09.2006, including an area less than 5 hectares, there is no statutory requirement of obtaining environmental clearance ..... 14.09.2006 was issued by the central government in exercise of the power under rule 5(3) the 1986 rules in supersession of notification dated 27.01.1994 where restriction was imposed on construction of new projects or activities or the expansion or modernization of existing projects or w.p(c) no.31148 of 2014 ..... deals with grant of quarrying permit also makes the conditions as specified in chapter ii applicable to grant of quarrying permit in respect of lands which vests ..... part of chapter vi which ..... chapter v w.p(c) no. .....

Smt Latha Vs. State of Karnataka

Court : Karnataka

..... and vice president under the impugned notification dated 15/04/2016 has been done in accordance with the relevant provisions of the karnataka gram swaraj and panchayat raj act, 1993 and the relevant rules framed for providing such reservation as contained in the karnataka panchayat raj (reservations of adhyaksha and upadhyaksha of taluk panchayat) rules, 2005, as amended from time to time and he vehemently ..... draft notification on 05/04/2016 and the final notification on 15/04/2016 and a copy of these draft notings which were supplied to the applicant under the provisions of the right to information act, 2005 would clearly show that for hassan zilla panchayat, the recommendation was for giving reservation for the post of president to scheduled caste or general in the present 13th round, ..... . it is opportune here to reproduce article 243-o & article 243-d of the constitution of india and section 19 of the karnataka panchayat raj act, 1993, hereunder: art.243-o : bar to interference by courts in electoral matters: notwithstanding anything in this constitution- (a) the validity of any law relating to the delimitation of constituencies or the allotment of ..... 762/2016 31/94 73rd amendment deal with the municipalities and chapter 9 b comprising of article 243-zh to article ..... the purpose of reservation of offices under this sub-section shall commence from the first ordinary election to be held after the first day of june, 1994; rotation means something which moves in a circular .....

Seema Sarkar Vs. Executive Officer

Court : Supreme Court of India

..... advert to the statement of objects and reasons necessitating such amendment, which reads thus: the constitution (seventy third amendment) act, 1992 statement of objects and reasons appended to the constitution (seventy second amendment) bill, 1991 which was enacted as the constitution (seventy third amendment) 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 ..... split in two parts: the first referring to the proportion of the representation given to the representatives of the gram panchayat in the panchayat samiti; and the second referring to the member of the house of parliament representing the ..... after serving notice to member of parliament as per panchayat regulation 1994 under chapter x at serial no.107 the members of the panchayat samiti, hut bay become ..... from the territorial constituencies in the panchayat area but nevertheless, are people s representatives, being elected as pradhans of the concerned gram panchayat within the area of the panchayat samiti, or as the member of the house of parliament representing the union territory. ..... (3) the following persons shall also be represented in the panchayat samiti, namely: (a) a proportion of the pradhans of the gram panchayat in the panchayat samiti to be determined by order of the administrator and by rotation for such period as may be prescribed: provided that while nominating the pradhans by rotation the administrator shall .....