Judgment Search Results Home > Cases Phrase: tamil nadu municipal laws fourth amendment act 2008 Page 1 of about 9,901 results (0.155 seconds)

Dravida Munnetra Kazhagam, Rep. by its Organization Secretary, R.S. Bh ...

Court : Chennai

..... filed by the writ petitioner and others challenging the tamil nadu municipal laws (amendment) act, 2016. ..... . when the notification has been issued in 2006, the state government by this time should have amended rule 26 of the tamil nadu panchayats (election) rules, 1995 by inserting a sub-rule translating the above said state election commission notification dated 01.09. ..... . therefore, the state government is directed to pass appropriate amendments in rule 26 of the tamil nadu panchayats (election) rules, 1995 in this regard, at the earliest. ..... . (iv) the state government shall amend rule 26 of the tamil nadu panchayats (election) rules, 1995 by insertion of a sub-rule to incorporate state election commission notification bearing s.o.no.43/2006/eg dated 01.09.2006 mandating the candidates desiring to contest to a local body, to file a separate affidavit, to furnish full and ..... (elections) c.no.6416/2016 dated 19.09.2016 published vide gazette (extraordinary) no.225 dated 20.09.2016 on the file of the fourth respondent and quash the same, both on reservation and on rotation and consequently, direct the respondents to conduct the ensuing local body election in the state of tamil nadu, by strictly providing adequate reservation to the scheduled tribe, followed by necessary rotation of seats in all the posts, as mandated in the constitution of india ..... [(2008) 7 scc 353] held that subordinate legislation has to be read in the same manner as if it is part of the act. ..... , 2008 (4) scc 755 .....

S. Udhayakumar, Advocate Vs. the State of Tamil Nadu, Rep. by Its Secr ...

Court : Chennai

Reported in : (2002)3MLJ476

..... amending act titled tamil nadu municipal laws (amendment) act, ..... learned counsel appearing for the fourth respondent, submits that section 30 of the act was only applicable to the term of 2 years, which was prescribed for a mayor in the pre-constitution amendment and because of the constitutional amendment, the term of the mayor is fixed to 5 years and as such, the bar under section 30 of the act cannot be made applicable. ..... we heard both the learned counsel for the petitioner and the learned counsel for the fourth respondent and then amended the order to the effect that election shall go on and the fourth respondent shall be permitted to contest the election and the declaration of election shall be made and the elected mayor can function but that was subject to the result of ..... on an oral application, an order was passed permitting the elections to go on with the participation of the fourth respondent for mayoral post but a direction was given not to declare the result until further orders but to proceed upto the stage of ..... instant case, ordinary vacancy of the fourth respondent had occurred by efflux of time of 5 years in the year 2001 and since the ordinary election was held on 16.10.2001, which becomes the second consecutive election of the fourth respondent, the fourth respondent was ineligible to contest the mayoral ..... 'after the order has been passed, the fourth respondent, through advocate, has appeared before us and then, before signing the order, we have again assembled and .....

Rajam Chemicals Vs. Chairman Tangedco

Court : Chennai

..... only on submission of noc obtained from the following competent authority in accordance with the provisions of the ancient monument and archaelogical sites and remains (amendment and validation) act 2010 competent authority to issue noc the principal secretary and commissioner, government of tamil nadu, department of archaelogy, tamil valarchi valaagam, halls road, egmore, chennai-600 008." 5.2 ..... issued under rule 34 of the ancient monuments and archaeological sites and remains rules, 1959, shall be deemed to be and deemed to have always been done or taken validly and in accordance with law at all material times [except as provided in the second proviso to sub-section (3) of section 20-a] and no action taken or thing done (including any order made, agreement entered into ..... call for the records pertaining to ka.not a.e/o&m/pallavaram/e/ma.sar.pi/no.72, dated - 05.2012, on the file of the fourth respondent, quash the same and consequently direct the respondents to provide 121 service connections to the petitioner property at natesan salai, perumal nagar, in survey no.67/2,69/2 and 69/3a1, t.s.no.4, block no.11, ward c of zamin pallavaramvillage, pallavaram municipality, tambaram taluk, kancheepuram district, without insisting on no objection certificate.2. according to the petitioner, he is the ..... of the government of india number 24/22/2006-m, dated the 20th july, 2006 (subsequently referred to as the expert advisory committee in orders dated the 27th august, 2008 and the 5th may, 2009 .....

The Commissioner, Corporation of Chennai Vs. Mrs. Lakshmi Bai (Died) a ...

Court : Chennai

Reported in : (2005)1MLJ717

..... appearing for the appellant corporation is concerned it is pertaining to the subject of different high courts wherein there is no amended provision of law as one introduced by the tamil nadu amendment act 1996 (act 16 of 1997) introducing section 48b after section 48a of the principal act which runs as follows: 'where the government are satisfied that the land vest in the government under this act is not required for the purpose for which it was acquired, or for any other public, the ..... regard to the materials placed on record and upon hearing the learned senior counsel for the appellants in the first two appeals and the learned government advocate appearing for the appellants in the third and fourth appeals and the learned senior counsel appearing for the first respondent in the first four appeals and the other counsel as well, what comes to be assessed by this court is that so far as it is concerned ..... . 48, municipal administration and water supply department dated 10.3.1995 in consideration ofk the amended section 48-b of ..... 1696 and 1697 have been preferred by the secretary to government, municipal administration and water supply department,chennai against the common order of the single judge of this court dated 24.9.1999 respectively made in ..... . 152, municipal administration and water supply department dated 25.7.1995 on ground that the commissioner, corporation of madras in its letter dated 5.6.1995 has stated that the lands under reference could be utilised for parking of .....

Dindigul Anna District Tax Payers Sangam Represented by Its President, ...

Court : Chennai

Reported in : (1995)2MLJ43

..... further section 3 of the tamil nadu district municipalities (fourth amendment) act, 1990 (tamil nadu act 35 of 1990) is intra vires and that the revision of property tax in municipalities with effect from 1.10.1993 is not done under the provisions of rule 9-a introduced by the said section.5. ..... therefore under law, the revision should be only in 1993 and this revision should be based upon the annual value of the building to be assessed either as per section 82 or as per the provisions of the tamil nadu buildings (lease and rent control) act. ..... if the municipal authorities have served copies of the assessment work-sheets showing the basis and how they arrived at the enhanced property tax, on the tax payers, along with the special notices issued under rule 9 that would have satisfied the requirements of law and in such cases, it can be held that the special notices contained the reasons for enhancement in the assessment. ..... the general revision of property tax given as the only reason for the enhancement of the property tax cannot be considered as a reason at all for enhancement of the property tax and it does not satisfy the requirement of law as laid down in the decisions of this court referred above. .....

Kannammal and ors. Vs. the State of Tamil Nadu Rep. by Its Secretary t ...

Court : Chennai

Reported in : (2008)5MysLJ573

..... fundamental right after the insertion of article 300-a by the constitution (forty fourth amendment) act,1978, but such right is still a constitutional right. ..... it is also held in that case that if the land which is vested with the government by virtue of section 16 of the act, is handed over to the tamil nadu housing board, the housing board has no right to dispose of the unused land for any other purpose for the reason that the government has handed over the ..... is true that originally large extent of lands were acquired, subsequently, the scheme has been reformulated by way of self finance scheme in order to allot 54 number of housing plots and it is not as if the tamil nadu housing board, who is the requisitioning body is using the land for a different purpose.12. ..... not think that this court would be justified in making direction for restitution of the land to the erstwhile owners when the land was taken way back and vested in the municipality free from all encumbrances. ..... the entire construction of houses will be completed on 20.5.2008 and the allottees will be handed over with respective ..... it is settled law that if the land is acquired for a public purpose, after the public purpose was achieved, the rest of the land could ..... petitioners to make a representation to the respondents for allotment on the ex-owners category and in that event, it is for the housing board to decide the same on merits and in accordance with law. ..... person shall be deprived of his property save by authority of law'. .....

P. Subbulakshmi Vs. State of Tamil Nadu Rep. by Secretary to Governmen ...

Court : Chennai

Reported in : (2007)6MLJ919

..... special grade village panchayat as town panchayats; that in the tamil nadu municipal laws (amendment) ordinance (tamil nadu ordinance 4/2000) promulgated on 14.07.2006, later repealed by tamil nadu municipal laws (amendment act 2006) - tamil nadu act 18 of 2006, special provisions relating to village panchayats constituted as town panchayat (section 3cc) have been inserted in the act; that by virtue of the said amendment, the petitioner is entitled to hold office upto such date as the state government fix in this behalf under the tamil nadu panchayats act, 1994, hence, the contention of the petitioner that she ..... is entitled to hold office for the full term of five years upto 29th june 2008 is untenable ..... the petitioner has come forward with this writ petition praying for a writ of declaration to declare that section 3cc in chapter ib of the tamil nadu district municipalities act, 1920 introduced by the tamil nadu municipal laws (amendment) act, 2006 (act 18 of 2006) published in tamil nadu government gazzette extraordinary no. .....

K.S. Poomari Vs. A. Umarsha and ors.

Court : Supreme Court of India

..... in our view, this appeal has no merit as all the courts below concurrently found that the tamil nadu city tenants protection act has no application in the facts and circumstances of the present case. ..... it could not be said that the amendment act lacked either legislative competence or that it is unconstitutional. ..... reading section 3 of the amending act 2 of 1966, it could not be said that it is a legislative intervention with a judicial decision. ..... by section 3, which was in pari materia with section 9 of the amending act of 1960, the legislature had intended that pending proceedings should be affected. ..... that alone has been done by section 3 of the amending act of 1996. ..... we are, therefore, not in a position to find any merit in challenge to section 3 of the amending act.3. mr. ..... : air2006sc523 , paragraphs 10 and 15 of which are quoted below:10.it was argued that the object of the parent act was to ensure that the expectation of a tenant, who has put up a superstructure, that he would not be evicted is not belied, and that pulling down of the superstructure which was the only option available to a lessee if the ..... salem municipal council by the madras high court after referring to abbot v. ..... 15.it is open to the legislature to bring in a law that has retrospective operation. .....

The State Election Commission, Karnataka Vs. The State Of Karnataka

Court : Karnataka

..... notwithstanding anything in this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: provided that all the municipalities existing immediately before such commencement shall continue till the expiration of ..... of the submissions of the petitioners is as under: (a) the mandate of clause (3) (a) of article 243u of the constitution is that election to constitute a municipality must be held before the expiry of its term of five years; (b) the amendment act is prospective which will apply from 3rd october 2020 and it will not apply to election of a municipality which is overdue; (c) the issue is covered by the decisions of this high court in the cases of professor b.k. ..... be noted that part ix-a was inserted in the constitution by virtue of the constitution (seventy-fourth) amendment act, 1992. ..... such exercise in the state of tamil nadu must keep in view the criteria for 40 delimitation of wards prescribed under the tamil nadu local bodies delimitation regulations, 2017 (formulated under the tamil nadu delimitation commission act, 2017), which criteria must itself not be contrary to article 243-c read with article 243-b(1) of .....

Sri M Shivaraju Vs. The State Of Karnataka

Court : Karnataka

..... notwithstanding anything in this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: provided that all the municipalities existing immediately before such commencement shall continue till the expiration of ..... of the submissions of the petitioners is as under: (a) the mandate of clause (3) (a) of article 243u of the constitution is that election to constitute a municipality must be held before the expiry of its term of five years; (b) the amendment act is prospective which will apply from 3rd october 2020 and it will not apply to election of a municipality which is overdue; (c) the issue is covered by the decisions of this high court in the cases of professor b.k. ..... be noted that part ix-a was inserted in the constitution by virtue of the constitution (seventy-fourth) amendment act, 1992. ..... such exercise in the state of tamil nadu must keep in view the criteria for 40 delimitation of wards prescribed under the tamil nadu local bodies delimitation regulations, 2017 (formulated under the tamil nadu delimitation commission act, 2017), which criteria must itself not be contrary to article 243-c read with article 243-b(1) of .....