Judgment Search Results Home > Cases Phrase: state of mizoram act 1986 section 9 provision as to sitting member Court: andhra pradesh Page 1 of about 12 results (0.092 seconds)

V. Venkateswar Rao Vs. the Government of Andhra Pradesh, General Admin ...

Court : Andhra Pradesh

..... than that of a secondary school, as may be prescribed by or under any law made by parliament; (d) as nearly as may be, one third shall be elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly; (e) the remainder shall be nominated by the governor in accordance with the provisions of clause ( 5 ) (4) the members to be elected under sub clauses (a), (b) and (c) of clause ( 3 ) shall be chosen in such territorial constituencies as may be prescribed by or under any law made ..... state of mizoram and others (3 supra) the supreme court held that wherever the constitution requires the satisfaction of the governor for the exercise of any power or function, the satisfaction required by the constitution ..... the allocation of seats under section (3)(2) of the said act read with article 171 of the constitution of india for composition of the andhra pradesh legislative council is as under: (a) local authorities constituencies : 31 (b) graduate constituencies : 8 (c) teachers constituencies : 8 (d) legislative assembly : 31 (e) to be nominated by the governor : 12 under section 6 of the representation of the people act, 1950 the person to be nominated shall be a citizen of india and not less ..... state of mizoram and others (3 supra) contending that wherever the constitution requires the satisfaction of the governor to the exercise of any power or function, the satisfaction required by the constitution is not personal satisfaction .....

V. Venkateswar Rao (V.V. Rao) Vs. the Government of Andhra Pradesh, Ge ...

Court : Andhra Pradesh

..... in standard than that of a secondary school, as may be prescribed by or under any law made by parliament; (d) as nearly as may be, one third shall be elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly; (e) the remainder shall be nominated by the governor in accordance with the provisions of clause ( 5 ) (4) the members to be elected under sub clauses (a), (b) and (c) of clause ( 3 ) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by parliament ..... state of mizoram and others (3 supra) the supreme court held that wherever the constitution requires the satisfaction of the governor for the exercise of any power or function, the satisfaction required by the constitution is not personal satisfaction of ..... a comparison of cl.1 of art.361 with cl.4 thereof makes it clear that in respect of official acts an absolute bar is created but in respect of acts done in personal capacity a partial bar in the shape of notice for a period of two months prior to institution of civil proceedings is imposed, similar to that to be found in s.80 civil procedure code or section 198 customs act and various others statutes. ..... state of mizoram and others (3 supra) contending that wherever the constitution requires the satisfaction of the governor to the exercise of any power or function, the satisfaction required by the constitution is not personal satisfaction of the governor but the .....

Nimmaka Jayaraju Vs. Chief Minister of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2006(5)ALT661

..... interested to get the benefit of reservation, the only remedy available to him is to make an application to the government to include konda raju also as one of the tribes under the presidential notification.the names of the members of the family of the first respondent and the names of other konda dora people are distinct, as indicated below:(2) satrucharla pratapa rudra raju(3) satrucharla vijayarama raju(4) satrucharlajagannadha raju(5) satrucharla somasekhara raju, etc. ..... the learned advocate general also would contend that in the light of sections 3, 10, 11 and 12 of 1993 act aforesaid none of the provisions can be attracted to the facts of the present case since the 7th respondent is a legislator and ..... writ petition and would maintain that though on 19-12-2005 representations narrating all the details had been made, thefirst respondent had not initiated any action at all and the first respondent is sitting pretty on such representation and this inaction on the part of the first respondent itself is an arbitrary action and in the light of the same positive directions are being prayed for. ..... but inasmuch as the council of ministers is able to stay in office only so long as it commands the support and confidence of a majority of members of the legislature of the state, the whole council of ministers must be held to be politically responsible for the decisions and policies of each of the ministers and of his department which could be presumed to have the support ..... state of mizoram .....

Bakaram Jangaiah and Others Vs. Gunde Laxmamma (Died) by Lrs.

Court : Andhra Pradesh

Reported in : 1999(3)ALD381; 1999(3)ALT375

..... it is abundantly clear from the above case law that section 47 of the tenancy act is held to be a mandatory provision and failure to obtain sanction thereunder renders the transaction void. ..... the legislature took stock of the difficulties of the persons who entered into transactions without permission of tahsildar and to obviate the impasse due to; absence of permission of section 47, section 50-b was introduced validating the transactions, provided an application is made and the tahsildar after due enquiry issues a sale certificate. ..... adverting to section 47(2) of the act, he replied that simply because rules are not framed, it cannot be said that section 47 is kept in abeyance and such an inference cannot be drawn in the absence of a provision under the act or rules to that effect. ..... this court considered this very situation in the judgment cited supra (3) and held:'it is mandatory under section 38-d of the act for the landholder, to give notice in writing of his intention to sell the lands and offer to sell them to the respondents and admittedly no such offer was made. ..... ex.b2 shows that the document in favour of gunde lakshmanuna namely ex.a2 has been recited (herein and it is stated that tahsildar has issued orders as in kx.bl stating that the landlord cannot sell the landwithout the consent of the tenant and that the tenant has got the very fist right to purchase but not others. ..... k.susheela bai and others - 1986 (1) alt 44, subham reddy v. .....

H.E.H. Nizam Fsii of Hydrabad Vs. Chief Secretary to Government, A.P.

Court : Andhra Pradesh

Reported in : AIR1992AP206; 1991(3)ALT35

..... the contention of the counsel for the petitioner that till the application under section 20 is disposed of, the land will not vest in the state placing reliance on the observations in paragraph 40 of the aforesaid judgment is, therefore, untenable. ..... the second party may take all such necessary steps for enrolling the members and for obtaining such sanctions as may be considered necessary from the municipal authorities or local bodies for approval of layout plans etc. ..... the second party hereby convenants and assures the first party that it shall do every thing necessary for obtaining the requisite permission or exemption from the provisions of the urban land (ceiling & regulation) act, 1976. ..... and further enroll and recruit genuine members with the undertaking that the said members shall also comply with the aforesaid guidelines ..... , commissioner of excise and settlement of estates and member of board of revenue dated 13-8-1963 submitted to the govern-ment, his claim was negatived on the ground that this was sarfekhas land which was merged with diwani and vested in the government and was ..... as also for complying with the terms and conditions of the said g.o.ms, and will be entitled to enter into agreement(s) with the individual members of the society subject to g.o. ms. no. ..... the first party hereby specifically declares that the possession of the said land has been delivered to enable the second party to make necessary development and improvement in the said land for sale to its members. 6. .....

Anjuman-e-islamiah, Kurnool Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2002(3)ALD501; 2002(3)ALT505

..... no restrictions were placed on the exercise of power, and that right to the administration of institutions of minority's choice enshrined in article 30(1) meant 'management of affairs' of the institution and that right was subject to the regulatory power of the state and that article 30(1) was not a character for mal-administration, and that regulation for the better administration of the institution was permissible, but the moment it went beyond that and imposed what is in truth ..... haragopal, : (1987)illj545sc , while considering the provisions of the employment exchange (compulsory notification of vacancies) act 31 of 1959 made it clear in paras 4 and 6 of the judgment that there is no provision in the aforesaid act that would oblige an employer to make appointments through the agency of the employment exchanges far from it, section 4(4) of the act on the other hand, makes it explicitly clear that the employer is under no obligation to recruit any person through the employment exchange to fill a vacancy merely because ..... however, inasmuch as it is an institution established by members professing muslim faith and the chief aim and object of the society is to propagate muslim faith and established institution and administered to their ..... the members of the managing committee are the members professing islam ..... the members of any other community may also seek admission in the educational institutions run by the ..... members of any community may be admitted into the school and colleges run by .....

Pulusam Krishna Murthy Vs. T. Sujan Kumar and ors.

Court : Andhra Pradesh

Reported in : 2002(1)ALD423; 2002(2)ALT77

..... guram, : [1986]3scr866 , the apex court laid down as under: a clause beginning with the expression 'notwithstanding anything contained in this act or in some particular provision in the act or in some particular act or any law for the time being in force, or in any contract' is more often than not appended to a section in the beginning with a view to give the enacting part of the section in case of conflict an overriding effect over the provision of the act or the contract mentioned in the non-obstante clause. ..... so as to enable appointment of such st teachers, the governor purporting to exercise power under para 5(1) of v schedule, issued notification in g.o.ms.no.275, dated 5-11-1986 directing that the posts of teachers in the educational institutions in the scheduled areas in the state shall be filled in only by the local members belonging to scheduled tribes notwithstanding anything contained in any other order or rule or law in force. ..... article 244 states that the special provisions in v schedule to the constitution shall apply to the administration and control of scheduled areas and scheduled tribes in each state and reads as under :article 244(1) the provisions of the fifth schedule shall apply to the administration and control of the scheduled areas and scheduled tribes in any state other than the states of assam, meghalaya, tripura and mizoram. .....

Farhad Gew Irani and ors. Vs. Government of Andhra Pradesh, Rep. by It ...

Court : Andhra Pradesh

Reported in : 2007(2)ALD375; 2007(2)ALT303

..... of the all india services (discipline and appeal) rules, 1969 on the charges of having failed to take action on unatuhorised constructions/deviations to the approved plan and having sanctioned permission to the building applications in violation of the provisions contained in the 1975 act and in violation of the master plan and zonal plan and also on the charge that he failed to conduct periodical check of the works under progress in respect of major constructions. ..... the statutory character of the master plan and zonal development plan is evinced from the provisions of sections 6 to 11 of the 1975 act, which contain detailed procedure to be followed for preparing such plans. ..... , the then commissioner of the corporation is said to have sent a consolidated proposal to the state government for change of land use in the master plan of warangal from residential to commercial. ..... he has further averred that on a complaint made by sri baswaraj saraiah, member of legislative assembly, warangal constituency and sri ravula sadanandam, former president of city congress committee, warangal, director general, anti corruption bureau got an enquiry conducted into the entire gamut of the construction permission obtained ..... , after hearing the representatives of the parties, the appellate authority vide its order dated 28-8-1986 dismissed the appeal. ..... 13547 of 1986, which was allowed by this court on 20-9-1989 and the case was remanded to the special officer for fresh determination of the ceiling .....

Arka Vasanth Rao and Others Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Reported in : AIR1995AP274; 1995(1)ALT600

..... law applicable to scheduled areas--(1) notwithstanding anything in this constitution, the governor may by public notification direct that any particular act of parliament or of the legislature of the state shall not apply to a sheduled area or any part thereof in the state or shall apply to a scheduled area or any part thereof in the state subject to such exceptions and modifications as he' may specify in the notification and any direction given under this sub-paragraph may be ..... to make a law extending the provisions of part-ix, inserted by the constitution (73rd amendment) act, to the scheduled areas, the power of the governor under part-x read with paragraph 5 of schedule v to the constitution to make applicable or inapplicable, by public notification, any enactment made by the state legislature or union parliament to scheduled ..... there was a risk of their agricultural land passing to the more civilized section of the population, and the occupation of the tribals was for the most part agricultural; and, secondly they were likely to get into ..... 3 confers power on the governor to make rules regarding the number of members of the council, the mode of appointment, the manner of conduct of ..... (2) 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 ..... zilla pranalika and abivrudhi sameeksha mandals act, 1986 and the andhra pradesh local bodies electoral reforms act, 1989. .....

Barkat Ali Khan Bahadur Vs. Controller of Estate Duty

Court : Andhra Pradesh

Reported in : (1985)47CTR(AP)229; [1986]158ITR259(AP)

..... it is submitted by the learned counsel for the accountable person that the deposit held by the late nizam on behalf of the donee in a fiduciary capacity cannot be excluded from deduction by applying the provisions of section 46(1) for the reason that the consideration for the debt was not 'property derived from the deceased' which was the 'persi polis' property, but the sale proceeds of that property which cannot be ..... no direct nexus between the deposit and the property settled by the deceased in favour of the donee, since the deposit was directly referable to the sale proceeds of the property, (3) that in terms of section 46(3), the provisions of section 16(2) shall have effect for the purpose of section 46, and section 16(2) defines the expression 'property derived from the deceased', and (4) that, therefore, the deposit should be excluded from the operation ..... it is submitted that to attract the provisions of section 46(1) or 46(2) of the act, there must be a debt and in order to constitute a debt, there should be consensus ad idem and the jural relationship of the ..... in this case, a hindu undivided family made a gift of certain agricultural lands to three female members of the family and the family managed the properties on their behalf, the receipts and outgoings being exhibited ..... of the memorandum of grounds filed before the appellate controller, it is stated that the notional share of the estate of the late mazharunnisa begum devolved ..... for the reasons stated above, the referred .....