Court : Supreme Court of India
Reported in : AIR1957SC612; 1957CriLJ998; [1957]1SCR995
..... exceeds fifty rupees or in which the accused - (i) has been previously convicted of an offence punishable under chapter xvii of the indian penal code with imprisonment of either description for a term of three years or upwards; or (ii) has been previously fined for theft by any bench of the gram cutcherry; or (iii) is a registered member of a criminal tribe under section 4 of the criminal tribes act, 1924; or (iv) has been bound over to be of good behavior in proceedings instituted under section ..... 356, 357, 358, 374, 379, 380, 381, 403, 411, 426, 428, 430, 447, 448, 461, 504, 506, 510; (b) offences under the bengal public gambling act, 1867; (c) offences under sections 24 and 26 of the cattle trespass act, 1871; (d) except as otherwise provided, offences under this act or under any rule or bye-law made thereunder; (e) any other offence under any other enactment, if empowered in this behalf by the government; 3. ..... , is in these terms : 'notwithstanding anything contained in the code of criminal procedure, 1898, and subject to the provisions of this act, a bench of the gram cutcherry shall have jurisdiction concurrent with that of the criminal court within the local limits of whose jurisdiction the bench is situate for the trial of the following offences as well as abetment of and ..... instituted before the gram cutcherry of bankat in the district of champaran, constituted under the provisions of the bihar panchayat raj act, 1947 (bihar act 7 of 1948), hereinafter referred to as the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All672
..... adults can be members of the gaon sabha, persons who have not attained the age of 21 years are not adults in view of the definition of the word 'adult' in clause (b) of section 2 of the act.if the register of members has such a finality as urged for the appellant in view of sub-rule (2) of rule 5, a person less than 21 years of age can be a member of the sabha and a ..... only the person satisfying the requirements of section 5-b of the panchayat raj act is eligible for election to the office of pradhan and therefore it is the duty of the election tribunal to go behind the entries in the adult register and to find on the evidence ..... section 10 makes the decision of the state government on any dispute relating to interpretation of any provision of the act final and conclusive.sub-section (6) of section 12-c makes the order of the prescribed authority on an election petition final and conclusive and further provides that it ..... be prepared in accordance with the provisions of the act, the rules contained in that chapter and the directions issued by the director of panchayats. ..... appellant not on title ground of the improper acceptance of his nomination but on the ground that there had been a gross failure to comply with the provisions of the act inasmuch as a person less than thirty years of age had been allowed to be chosen pradhan of the gram sabha in contravention of the provisions of section 5-b of the act. ..... appellant, was declared elected pradhan of gram sabha rutha as a result of an .....
Tag this Judgment!Court : Karnataka
Reported in : 1969CriLJ754
..... 1544, the supreme court has observed as follows:it is well settled now that on a petition before him, a magistrate applies his mind for proceeding under the various provisions of chapter xvi of the code of criminal procedure, he must be held to have taken cognizance of the offences mentioned in the complaint. ..... states that the magistrate shall - (a) in any case instituted in a police report, follow the procedure specified in section 251-a; and (b) in any other case follow the procedure specified in the other provisions of that chapter, (chapter xxi). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori60
..... principle of decentralised administration and development of panchayati raj led to passing of the orissa panchayat samiti and zilla parishad act (7 of 1960). ..... question for consideration in this case is as to whether what has been disclosed in the election petition is sufficient or falls short of the requirements of section 83(1)(a) of the act, while the mandate of the statutory provision is clear in a given case what constitutes compliance would depend upon its facts. ..... the respondent also alleged that the election petition was liable to be dismissed under section 83(1)(a) of the act as a concise statement of the material facts upon which the petitioner sought to rely was absent in the ..... the petitioner's allegation has been that the respondent was disqualified in terms of section 9a of the act and yet notwithstanding the objection of the petitioner the returning officer accepted his nomination and the respondent ultimately participated in the election and got returned and as such his election is liable to be ..... this application under section 100(1) of the representation of the people act, 1951 (hereinafter referred to as me act) seeks to challenge the election of the respondent to the orissa legislative assembly from the melchhamunda constituency of the district of ..... fund shall vest in the samiti and shall be applied for the purposes specified in this act and for such other purposes and in such manner as may be prescribed. ..... chapter iv of the act constituted the panchayat samiti .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1979Raj74
..... section 24 under this chapter lays down the duty of the panchas: learned counsel, therefore, contends that moving of no confidence motion is no part of the duties of the members of the panchayat and there was no necessity of taking oath before moving a motion of no ..... it is further contended that section 19 of the rajasthan panchayat act, 1953 lays down a provision for moving a motion of no confidence. ..... the petitioner was elected as sarpanch of the gram panchayat udaipura tehsil sikrai district jaipur. ..... state of rajasthan 1957 raj lw 69: (air 1957 raj 314), vishwanath v. pt. ..... singh, chhaju ram, malkhan, kalyan, chander, gulab rai, shanker and girraj prasad, the respondents, to the effect that they were administered oath and they were also taking part in the meeting of the gram panchayat since 10th feb. ..... in democratic institutions like gram panchayat where 11 panchas out of 13, are not in support of the sarpanch and only one is supporting him, no relief could be granted to the petitioner in the exercise of extraordinary jurisdiction of this court.8. ..... jhaman lal, 1957 raj lw 536, and kumari chandra kala v. ..... 3 to 12 are the panchas of the above gram panchayat duly elected. ..... 13 and 14 are the members of the gram panchayat by co-option. ..... lajooram, l968 raj lw 418. ..... nagaur, 1963 raj lw 81.3. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (1986)15ITD591(Pune.)
..... in the present case, the assessee was entitled to raise a dispute regarding the status as is clear from section 246(1)(c), read with explanation (c), of the act.this section can have a meaning only if the appellate authority is allowed to give a finding on the appropriate correct status to be adopted in the case. ..... the participation by the various members in the profits and loss of the communidade distinguished it from gram panchayat or other local bodies whose funds are expended for the public causes for which such local bodies are established. ..... chapter vi of the said act contains elaborate provisions as to how the co-operative societies are obliged to utilise their profits for specified purposes laid down under the said act. ..... a gram raj or a gram panchayat has no relevance in considering the definition of local authority. ..... according to him, there is a large difference between a local authority like gram panchayat or municipal committee and the present assessees. ..... in its pristine form it was the embodiment of mahatma gandhi's conception of gram raj. ..... the function of municipal body or a gram panchayat is to provide common services like roads, drainage, water supply, irrigation to the various owners and for maintenance of this common service, the representative of the different owners elect a body which manages it or supervises the ..... the municipal body or the gram panchayat does not own the respective lands owned by the private farmers. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All162
..... panchayat raj act, 1947, in the face of the provisions incorporated as part ix to the constitution of india, under the chapter 'panchayats', render the state enactment as repugnant to the constitution of india. ..... even the guidelines or circulars issued by the state government, from the month of may, 1994 have been violated by the government itself, when (a) existing gram panchayats having a population of more than 1000 even according to the 1991 census have split and bifurcated a village or added villages to one having more than a population of one thousand; (b) gram panchayats have not been named after the village having the largest population; (c) areas of a town area have ..... 9(3) of the act, as it excludes the names of persons who have attained the age of 18 years on 1 january, 1994; (b) electoral rolls and the territorial constituencies have been made by dividing the population of gram sabhas by the number of houses as shown in the 1991 census which is contrary to as preparation of voter list population taken of the year 1994 whereas for gram sabha it was taken of the year 1991 (census report); (c) the voter lists have not been prepared by the election commission. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1995AP274; 1995(1)ALT600
..... seeking a declaration byta mandamus that the andhra pradesh pan-chayat raj act, 1994 (act 13 of 1994) (hereinafter referred to as 'the act') is not applicable to the scheduled areas in the state of andhra pradesh, as declared by the president of india under the v schedule to the constitution of india, and a consequential direction restraining the state of andhra pradesh and the ..... nothing in this part shall apply to- a) the states of nagaland, meghalaya and mizoram; b) the hill area in the state of manipur for which district councils exist under any law for the time being in force. ..... part-ii of the act deals with the panchayat system at the village level -- gram panchayat; part-iii of the act concerns with the constitution, incorporation, composition, powers and functions of mandal pari-shads -- intermediate level; and part-iv, likewise, concerns with district level institutions -- zilla ..... history of indiaproves that with primitive peoples any othersystem is certain to work the greatest injustice.chapter 5 of the government of india act, 1935 comprising ss. ..... and entry 5 list ii, the state of andhra pradesh had in the past enacted three laws -- andhra pradesh gram panchayats act, 1964, the andhra pradesh manda! ..... the gram sabhas should be allowed to exercise their customary traditional ..... small village or group of hamlets or habitations may have its own gram sabha. ..... the village level, the sarpanch is elected by the persons whose names appear in the elec-i, toral roll for the gram panchayat. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR141
..... learned counsel for the petitioner is that the impugned order is contrary to the provisions contained in the haryana panchayati raj act, 1994, the haryana panchayati raj election rules, 1994, as well as the principles of natural justice. ..... has been filed to quash the order dated 24.7.1995 passed by the additional senior sub judge, nuh, in exercise of his powers under section 176(4) of the haryana panchayati raj act, 1994 (for short the act').2. ..... its powers under article 243c and 243k, the legislature of the state of haryana has enacted the haryana panchayati raj act, 1994. ..... haryana has made the haryana panchayati raj election rules, 1994, by exercising of powers conferred under section 209(1) and (2) of the act. ..... his family or his agent) to and from any polling station.explanation 1 :- a corrupt practice shall be deemed to have been committed by a candidate, if it has been committed with his knowledge and consent by a person who is acting under the general or special authority of such candidate with reference to the election.explanation 2 :- the expression 'vehicle' means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanically ..... in the election held for the office of sarpanch, gram panchayat, kurthala, tehsil nuh, district gurgaon, on 29.12.1994, the petitioner was declared elected as sarpanch on having secured 415 votes as against 414 votes secured by ..... chapter xx of this act contains provisions ..... chapter x of these rules contains rules .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP184; 1997(1)MPLJ512
..... now, we may come to the act of 1994 which was passed by the state legislature on account of 74th amendment in the constitution whereby part ix was introduced by this amendment in the constitution, a new chapter was inserted by providing greater autonomy to panchayat and ..... , it is for the state legislature to enact the law as this area has been left upon by sub-clause (5) of article 243c and the reasons appeared to be that since the gram sabha is in the lowest in the heirarchy of the three tier system, the parliament has thought it proper that the state legislature may legislate on this aspect looking to the geographical and ..... ) is not chairman or vice-chairman of co-operative society:shall be elected as sarpanch, subject to provisions of sub-sections (2), (3) and (4) by persons whose names are included in the list of voters of the gram panchayat area in such manner as may be prescribed,x x x x xsection 20 deals with the first meeting and term of office, and section 21 deals with no-confidence motion against sarpanch and upsarpanch, which is relevant ..... motion by a majority of the total number of elected members of the panchayat and by a majority not less than two-thirds of the members present and voting and the gram sabha at the specially convened meeting after a notice of not less than fifteen days has passed a resolution for such removal by a majority of its members present and voting, ..... panchayat raj act where a pradhan is removable by the gram sabha was odious as a gram sabha is .....
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