Judgment Search Results Home > Cases Phrase: tamil nadu municipal laws fourth amendment act 2008 Page 3 of about 9,901 results (0.206 seconds)

Raja D.V. Appa Rao Bahadur and ors. Vs. the Government of Tamil Nadu b ...

Court : Chennai

Reported in : (1993)1MLJ455

..... adopting the submissions of the learned counsel for the second respondent, contended that the impugned rules have been made by the state in exercise of the powers conferred under section 347(3) of the act, that the draft of the amended rules has been approved by the tamil nadu legislative assembly as required by sub-section (5) of section 347 and consequently the plea of arbitrariness or unreasonableness or want of jurisdiction is only misconceived and without basis. ..... the decision relied upon was one rendered under the tamil nadu panchayats act, challenging the division of wards for the conduct of elections to the panchayats ..... the petitioners that the revision of the tax is not going to be on the annual value principle, it is declared that the second respondent is going to determine the annual value only as per section 100 of the act and bearing in mind the principles laid down by the various decision of this court and that of the apex court and the details called for in the pro forma are relevant for the purpose ..... 1178, municipal administration and water supply, dated 10.12.1987, published in the tamil nadu government gazette (extraordinary), dated 10.12.1987 are held valid, but their enforcement shall be subject to the declaration of law and directions given above in ..... scheme underlying the assessment and revision rules, which have been substituted by the impugned amendment, it has been held in the said decision as hereunder:this leads us to the fourth contention set out above. .....

Jawaharlal Sharma Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : AIR2006Jhar135; [2006(3)JCR525(Jhr)]

..... (x) article 243zf provides that 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amendment) act, 1992, inconsistent with the provisions of the said part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier, which reads as under:24szf. ..... (xviii) admittedly, all the three acts relating to municipality, namely, bihar & orissa municipal corporation act, 1922, patna municipal corporation act, 1951 and bihar municipal corporation act, 1978 are in force in the state immediately before the commencement of the 'constitution (seventy-fourth amendment) act, 1992'. ..... -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. ..... part-ixa of the constitution, as introduced by the 'constitution (seventy-fourth amendment) act, 1992', including article 243q, is a mandate of constitution and all stales are bound to give effect to it by constituting municipality for a transitional area, smaller urban area and larger urban area, except villages/rural areas, where panchayats are to be constituted. ..... state of tamil nadu reported in : [1988]1scr1 ]. .....

Mrs. Nalini Chidambaram and ors. Vs. State of Tamil Nadu Represented b ...

Court : Chennai

Reported in : (1990)1MLJ222

..... i would like to observe that, considering the trend of construction of high rise buildings nowadays in cities, it is worthwhile for the government to, consider whether any amendment can be brought to the tamil nadu town and country planning act, 1971 as found in english law, calling for objections from the neighbours before granting planning permission, with regard to the high rise buildings, considering the right of the people to live in healthy ..... is a clear case of exemption from vehicular access and that this has to be done only at the time of grant of planning permission under the tamil nadu town and country planning act, 1971 and not after the completion of the building. ..... a restrictive general rule.as already observed in the case of other remedies, the current tendency is to relax requirements as to standing, and this is in accordance with an enlightened system of public law...in several cases, the courts have already favoured a generous interpretation of 'person aggrieved' and it is now less likely that these words will be made an obstacle to any person who may reasonably consider himself ..... prejudiced by the planning permission in any way, the writ petition filed by them are not maintainable, that there is a distance of 24' between the residence of the fourth respondent and the writ petitioners buildings and as such the petitioners are not aggrieved persons and that the writ petitions are not maintainable. ..... chief officer, town municipal council, udipi : [1975]1scr680 .....

Ferani Hotels Private Limited Vs. K.Raheja Development Corporation

Court : Chennai

..... the instant case, in respect of payment of court fee made, the prayer sought for cannot be said that allowing the petition would prejudice the rights of the petitioner / defendant and the amendment sought for describing the relief sought for as 1 to 3 are relating to payment of proper court fee, as per tamil nadu court fee and suit valuation act. ..... as per the proviso to order 6 rule 17of the code of civil procedure, as amended by act 22 of 2002, it has been made clear that no application for amendment shall be allowed, if the trial has commenced, unless the court comes to the conclusion that in spite of due deligence, the party could not have raised the matter before the commencement of the ..... according to the learned senior counsel for the petitioner, the trial court has not followed the settled principles of law, whereby erroneously permitted amendment to the plaint and the same would prejudice the rights of the petitioner / defendant, hence, the revision has been preferred under article 227 of the ..... the fourth prayer is for amendment, seeking mandatory injunction directing the defendant to produce all documents, which include correspondence, electricity bills, municipal receipts, telephone bills, insurance policies and other records belonging to the respondents / plaintiffs, which had been in the suit property and the same were illegally demolished by the defendant ant its ..... prabhakar gajanan naik, reported in (2008) 14 scc632 the hon'ble supreme court has held as follows : .....

Annamalai ... Vs. Govindan (Died), and ors.

Court : Chennai

..... 109 of the tamil nadu hindu religious and charitable endowments act 1959, unless a person in possession is able to prove the factum of adverse possession even before 30.09.1951 he will not be in a position to claim the relief of adverse possession but this aspect of the matter has not been appreciated by the first appellate authority and indeed, there is no question of appellant/plaintiff's temple title being lost by the law of limitation and ..... apart, it is the evidence of p.w1 that the defendants are residing in t.s.no.1665 and one defendant is residing in t.s.no.1666 and ex.a5 is the field map extract obtained from the municipality to show that the suit property belonged to the temple and the certified copy of the field map is ex.a6 and one kothandabani pillai has filed a suit o.s.no.175 of 1965 against ..... that the temple is the owner of the suit property, the plea of adverse possession pleaded by the defendants in the suit cannot be sustained as per section 109 of the tamil nadu hindu religious and charitable endowments act, 1959 ..... defendant agreed to pay rs.50/-, the second defendant rs.30/-, the third defendant rs.30/-, the fourth defendant rs.30/-, the fifth defendant rs.50/-, the sixth defendant rs.20/-, the seventh defendant rs.25/- ..... to filing of the suit for permanent injunction, there is encroachment by the defendant, the lower appellate court was not justified in dismissing the suit on the ground that plaintiffs have not amended the plaint seeking for mandatory injunction. .....

S.S. Bola and Others Vs. B.D. Sardana and Others

Court : Supreme Court of India

Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; [1997]Supp2SCR507

..... the amendment act titled the bombay provincial municipal corporation (gujarat amendment) act, 1968 was passed introducing section 152-a which was not brought to the notice of the court at the time when the decision was rendered in the first instance; but when a demand was made for ..... it is to navigate around these two obstacles of article 311 and article 14 that the amending act was sought to be made retrospective, to bring about an artificial situation as if the erstwhile municipal employees never became government servants. ..... citizens to enjoy the rights and fundamental freedoms and foster availment of facilities and opportunities for individual and collective excellence so that the nation constantly rises to higher levels of endeavour and achievement; declare the law as unconstitutional if found to be contrary to the constitution; to protect the fundamental rights and fundamental freedoms guaranteed by the constitution, maintain and observe federal structure built in by the constitution and harmonious relationship between the union of india ..... the constitution bench had held that the central water board constituted under the inter-state water disputes act, 1956 issued interim awards directing karnataka state to release the water to tamil nadu, the lower riparian state. ..... a mere look at the third and fourth paragraphs of this preamble shows the legislative intent to bypass the final directions contained in the division bench judgment of the high court.... .....

M.M. Joseph Vs. the State of Kerala and ors.

Court : Kerala

Reported in : AIR1975Ker103

..... the scope of sections 75 to 80-g, thus the petitioner's contention that these provisions, in so far as they apply to non-agricultural lands in a municipality and confer kudikidappu rights on persons other than agricultural labourers and villages artisans are invalid, cannot stand. ..... the state of tamil nadu, air 1972 sc 2240 and state of ..... the constitutional validity of act i of 1964 as amended is not open to any challenge now in that the act as amended has been included in the ninth schedule to the constitution and the state legislature is competent to legislate in respect ..... they refer to lands located in a panchayat, town municipality or city and state that the rights of a kudikidappukaran to purchase a particular extent of land will depend on ..... therefore idle to contend that the act will not apply to municipal areas. ..... definition of a 'kudikidappukaran' indicates thai the act would apply to areas within the municipality. ..... is that the kcrala land reforms act, 1964 will apply only to agricultural lands and will not therefore apply to the buildings inside the municipality. ..... the fourth respondent, the daughter of the third respondent, and his son-in-law the 5th respondent, are residing in ..... in sub-section (3) of section 80-a dealing with the right of a 'kudikidappukaran' to purchase his kudikidappu indicates that the lands inside the municipal areas are specifically brought within the ambit of the section, necessarily indicating that there can be 'kudikidappu' inside a municipal area. .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... rejected by two eminent persons or one eminent person and the law minister (whose opinion is subject to the opinion of the council of ministers, whom he/she represents); the unanimous opinion of the judiciary as an institution, an opinion that was respected (and deservedly so) counts for virtually nothing with the passage of the 99th constitution amendment act and the njac act; the chief justice of india is rendered, by the 99th constitution amendment act to a mere voting statistic and one among ..... the high court bar association, kolkata (west bengal), the awadh bar association, lucknow (uttar pradesh), the madras bar association, chennai (tamil nadu), the supreme court bar association, new delhi, the gujarat high court advocates association, gandhinagar (gujarat), the advocates association, chennai (tamil nadu), the andhra pradesh high court advocates association, hyderabad (andhra pradesh), the delhi high court bar association, new delhi, the bar ..... order dated 22.04.2015 insofar as it is relevant reads thus: a preliminary objection, whether justice jagdish singh khehar should preside over this bench, by virtue of his being the fourth senior most judge of this court, also happens to be a member of the collegium, was raised by the ..... ]. concerned the validity of proceedings under chapter v-a of the bombay municipal corporation act, 1888 and the bombay government premises (eviction) act, 1955 in the context of the decision of this court in northern india ..... . 8, no.1, 2008, pp. .....

Park View Enterprises Vs. State Government of Tamil Nadu

Court : Chennai

Reported in : [1991]189ITR192(Mad)

..... 5(i) as amended by tamil nadu act 38 of 1987 is one of the articles which deals with certain kind of agreements which are now made chargeable to stamp duty and also compulsorily registrable under s. ..... section 47a introduced by tamil nadu act 24 of 1967 and amended by t. n. ..... norm there is no sale of goods, and it is not within the competence of the provincial legislature under entry 48 to impose a tax on the supply of the materials used in such a contract treating it as a sale....but our duty is to interpret the law as we find it, and having anxiously considered the question, we are of opinion that there is no sale as such of materials used in a building contract, and that the provincial legislatures had no competence to impose a tax thereon under entry 48. ..... more important therein was that, as per the provisions of the act, it was the duty of the municipality to determine the rateable value of each land and building comprised in each of the textile factories. ..... the fourth point which is of considerable importance is, whether anything fixed to the soil earth becomes automatically the property of the owner of the land or the superstructure could be owned by a different person? .....

S. Vimala Vs. the Secretary to Government Municipal Administration and ...

Court : Chennai

Reported in : (2008)4MLJ11

..... it is their further submission that after chapter i-b has been inserted by the tamil nadu municipal laws (amendment) act (18/2006), the town panchayats have also been brought within the purview of the tamil nadu district municipalities act and therefore, town panchayats form part of the tamil nadu district municipalities act, in which event, unless and until the amendment is effected to section 40-a, the assistant director of town panchayat cannot have any jurisdiction to preside ..... significant to note that the term 'transitional area' was included in the definition clause of the tamil nadu district municipalities act, 1920 in section 3(29-aa) by the tamil nadu municipal laws (amendment) act 18 of 2006 to mean, 'an area in transition from a rural area to an urban area ..... in addition to chapter 1-a, by the tamil nadu municipal laws (amendment) act 18 of 2006, chapter 1-b was incorporated with the ..... and therefore, by appointing the assistant directors of town panchayat, the functions to perform under section 40-a of the act are borrowed from the said act for the purpose of town panchayats and it is well within the powers of the state government and there arises no question of amendment to the tamil nadu district municipalities act, because the intention of the government is not to empower the assistant directors of town panchayat to perform the functions ..... tamil nadu district municipalities act, 1920 was enacted to consolidate and amend the law relating to district municipalities .....