Court : Chennai
..... , the tamil nadu municipal laws (second amendment) act, 2016 and the tamil nadu panchayats (second amendment) act, 2016, as unconstitutional, ultra vires the constitution of india and consequentially direct respondents 2, 4 and 5 to conduct the urban and rural local bodies election 2016 based on the delimitation of wards to be made based on 2011 census with corresponding reservation to women, scheduled caste and scheduled tribe in the respective posts of chairpersons, councillors and members of the respective local bodies. w.p. ..... of writ petitions have been filed by the respective political parties in the state of tamil nadu praying this court for the following reliefs :- i) to declare the tamil nadu municipal laws (2nd amendment) act, 2016 and the tamil nadu panchayats (2nd amendment) act, 2016 as ultra vires the constitution ; ii) to direct the respective respondents to conduct the urban and rural local bodies election 2016 based on the delimitation of wards to be made based on 2011 census with corresponding reservation ; iii) to direct the respective respondents to take .....
Tag this Judgment!Court : Jharkhand
..... however, resort to the subject to clause under section 8a(5) or (6) of the amended act to refuse extension of lease by the state government cannot be tenable in law in view of the authoritative pronouncement of the apex court and the background in which such regime change has been brought in the matter of renewal of lease under the un-amended section 8 by introduction of the amended section 8(a) applicable to minerals other than those specified in part-a and b of the schedule-i w.e.f 12.1. ..... has been a clear and distinct change in the regime from pre-existing provisions under section 8 of the un-amended act relating to renewal of mining lease whether be it first, second and subsequent renewals to that of the deemed extension under the amended provisions of section 8a of the m.m.d.r. ..... under the un-amended sub- section 3 of section 8, prior to the amendment act, 2015, the state government 7 had the power to authorize second and subsequent renewal of mining ..... may be made to the principle of law on this point as laid down by the apex court in the case of state of tamil nadu and others versus k. ..... the petitioner while violating the conditions for the first time, has taken cto on 25.03.2013 for a period 25.03.2013 to 31.12.2013, for the second time on 27.03.2014 for a period of 01.01.2014 to 31.12.2014 and third cto on 27.02.2015 for the period 01.01.2015 to 31.12.2015 (annexure-a series ..... saha & others [(2011) 5 scc142 and in the case of commissioner of municipal corporation, simla vs. .....
Tag this Judgment!Court : Jharkhand
..... however, resort to the subject to clause under section 8a(5) or (6) of the amended act to refuse extension of lease by the state government cannot be tenable in law in view of the authoritative pronouncement of the apex court and the background in which such regime change has been brought in the matter of renewal of lease under the un-amended section 8 by introduction of the amended section 8(a) applicable to minerals other than those specified in part-a and b of the schedule-i w.e.f 12.1. ..... has been a clear and distinct change in the regime from pre-existing provisions under section 8 of the un-amended act relating to renewal of mining lease whether be it first, second and subsequent renewals to that of the deemed extension under the amended provisions of section 8a of the m.m.d.r. ..... under the un-amended sub- section 3 of section 8, prior to the amendment act, 2015, the state government 7 had the power to authorize second and subsequent renewal of mining ..... may be made to the principle of law on this point as laid down by the apex court in the case of state of tamil nadu and others versus k. ..... the petitioner while violating the conditions for the first time, has taken cto on 25.03.2013 for a period 25.03.2013 to 31.12.2013, for the second time on 27.03.2014 for a period of 01.01.2014 to 31.12.2014 and third cto on 27.02.2015 for the period 01.01.2015 to 31.12.2015 (annexure-a series ..... saha & others [(2011) 5 scc142 and in the case of commissioner of municipal corporation, simla vs. .....
Tag this Judgment!Court : Jharkhand
..... however, resort to the subject to clause under section 8a(5) or (6) of the amended act to refuse extension of lease by the state government cannot be tenable in law in view of the authoritative pronouncement of the apex court and the background in which such regime change has been brought in the matter of renewal of lease under the un-amended section 8 by introduction of the amended section 8(a) applicable to minerals other than those specified in part-a and b of the schedule-i w.e.f 12.1. ..... has been a clear and distinct change in the regime from pre-existing provisions under section 8 of the un-amended act relating to renewal of mining lease whether be it first, second and subsequent renewals to that of the deemed extension under the amended provisions of section 8a of the m.m.d.r. ..... under the un-amended sub- section 3 of section 8, prior to the amendment act, 2015, the state government 7 had the power to authorize second and subsequent renewal of mining ..... may be made to the principle of law on this point as laid down by the apex court in the case of state of tamil nadu and others versus k. ..... the petitioner while violating the conditions for the first time, has taken cto on 25.03.2013 for a period 25.03.2013 to 31.12.2013, for the second time on 27.03.2014 for a period of 01.01.2014 to 31.12.2014 and third cto on 27.02.2015 for the period 01.01.2015 to 31.12.2015 (annexure-a series ..... saha & others [(2011) 5 scc142 and in the case of commissioner of municipal corporation, simla vs. .....
Tag this Judgment!Court : Chennai
..... section 80(3) was substituted by tamil nadu municipal laws (amendment) act, 2009. ..... (ms) no.151 dated 20.08.2009, the government ordered amendment to section 81 of tamil nadu district municipalities act to levy minimum and maximum rates of property tax on vacant lands on square foot basis. ..... issuance of declaration declaring that levy, demand and collection of vacant land tax as condition precedent for grant of sub division and also approval of the building plan is illegal, unconstitutional and ultra vires the provisions of tamil nadu district municipalities act and consequently, direct the respondent to approve sub division of the plot on the application submitted by the appellant on 16.07.2007 on the basis of the planning permission accorded in roc.no.664/2007/n.l.p.a. ..... (ms) no.151 dated 20.08.2009 was passed amending tamil nadu district municipalities act and also the rules thereon stipulating minimum and maximum property tax rates for the vacant land on square feet basis. ..... referring to section 121 of tirunelveli city municipal corporation act, the division bench held that under section 121 of the act, the corporation not only collects tax in respect of the buildings but also in respect of vacant lands and by the judgment dated 20.07.2011, the division bench dismissed the writ appeal.9. ..... second grade, third grade municipalities and town panchayats.11. .....
Tag this Judgment!Court : Mumbai
..... terms of engagement are, the exemption under rule 49 would apply; (v) municipal law officers fell within the purview of the second and third paragraphs of rule 49 and rule 1(vi) of the rules framed ..... by the state bar council, municipal law officers are entitled to the benefit of the exception carved out by rule 49; (vi) the logic underlying the second and third paragraphs of rule ..... bar council of maharashtra and goa and the municipal corporation would indicate that the state bar council was satisfied about the redesignation of municipal advocates as municipal law officers and once that was done had no ..... 2011) 8 scc 737)the supreme court held that if an amending act of the legislature is struck down for want of legislative competence or on the ground that it is violative of the fundamental rights in part-iii of the constitution, it would be unenforceable in view of article 13(2) and the old act ..... municipal law officers in the full time employment of the municipal corporation of greater mumbai can no longer assert an entitlement to act ..... but is either in full or part-time service or employment or is engaged in any trade, business or profession shall not be admitted as an advocate:- provided however that this rule shall not apply to - (i) any person who is a law officer of the central government or the government of a state; (ii) any person who is an articled clerk of an attorney; (iii) any person who is an assistant to an advocate or to an attorney who is an advocate; (iv) any ..... tamil nadu .....
Tag this Judgment!Court : Mumbai
..... terms of engagement are, the exemption under rule 49 would apply; (v) municipal law officers fell within the purview of the second and third paragraphs of rule 49 and rule 1(vi) of the rules framed ..... by the state bar council, municipal law officers are entitled to the benefit of the exception carved out by rule 49; (vi) the logic underlying the second and third paragraphs of rule ..... bar council of maharashtra and goa and the municipal corporation would indicate that the state bar council was satisfied about the redesignation of municipal advocates as municipal law officers and once that was done had no ..... 2011) 8 scc 737)the supreme court held that if an amending act of the legislature is struck down for want of legislative competence or on the ground that it is violative of the fundamental rights in part-iii of the constitution, it would be unenforceable in view of article 13(2) and the old act ..... municipal law officers in the full time employment of the municipal corporation of greater mumbai can no longer assert an entitlement to act ..... but is either in full or part-time service or employment or is engaged in any trade, business or profession shall not be admitted as an advocate:- provided however that this rule shall not apply to - (i) any person who is a law officer of the central government or the government of a state; (ii) any person who is an articled clerk of an attorney; (iii) any person who is an assistant to an advocate or to an attorney who is an advocate; (iv) any ..... tamil nadu .....
Tag this Judgment!Court : Chennai
..... the government of tamil nadu is stated to have amended various provisions of the said act vide the tamil nadu ordinance no.1 of 2013 published in the government gazette on 21.1.2013 in order to bring them in conformity with the mandate of the constitution of india as amended by the said act. ..... in paragraph 16 of the counter affidavit, it is specifically averred that as per article 19(1)(c) of the constitution of india as amended by the 97th amendment act, 2011, the right to form a co-operative society has become a fundamental right, which would include the other rights incidental to the formation of a society, including the right to become a member of the board or the president of the board ..... however, article 243-zj of the constitution of india has the second proviso requiring the legislature of a state, by law, to provide for reservation of one seat for the scheduled castes or scheduled tribes and two seats for women on the board of every co-operative society. ..... (1) seats shall be reserved for the scheduled castes and the scheduled tribes in every municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the scheduled castes in the municipal area or of the scheduled tribes in the municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a municipality. .....
Tag this Judgment!Court : US Supreme Court
..... the further contention is made that the state, before the issue of the patents, forfeited her right to receive them by disabling herself, through an amendment to her constitution, from complying with the provision in the act of 1850 directing that the lands passing to the state under the grant, or the proceeds of their sale, "be applied, exclusively, as far as necessary," in effecting their ..... followed by allegations to the effect that the indians had an interest in the lands before and when they were patented to the state, that the patents were issued by the land officers without authority of law and in violation of an existing obligation of the united states to apply the lands and the proceeds of their sale exclusively to the use and benefit of the indians, and that it is essential to ..... administration of the grant, the secretary accorded to each state a choice between two propositions: first, whether she would abide by the showing in the government surveyor's field notes; and, second, if the first proposition was not accepted, whether she would through her own agents make an examination in the field and present claims for the lands believed to be swampy accompanied by ..... on the contrary, her statutes enacted since the amendment and the published reports of her officers show that she adopted and proceeded to carry out extensive reclamation plans applicable to all swamp lands within her limits, that she and her municipal subdivisions expended many millions of dollars in this work, .....
Tag this Judgment!Court : Chennai
Reported in : (1970)1MLJ71
..... meanwhile, madras act xi of 1968, namely, the madras municipal authorities (term of office and election of councillors) amendment act, 1968, amended the proviso to section 3 (c) of the madras act xxii of 1963 by substituting the words ' two years ' for ' one year ..... the madras act x of 1968, namely, the madras city municipal corporation and district municipalities (amendment) act, 1968, amended sub-section (5) of section 368 as well as sub-, section (6) of section ..... . if and when the state of tamil nadu takes action in a proper manner and according to the procedure known to law, there will be time enough for the petitioners to question such ..... the second submission is that if the proviso is held to apply and cover the case of holding ordinary elections for the office of all the councillors of a municipality, there will be a hiatus between the coming to the end of the term of the previous councillors and the commencement of the term of the subsequent councillors to be elected and such a hiatus was not contemplated and provided for in the act itself. ..... since i am dismissing the writ petition on merits, it is unnecessary to consider whether the 1st petitioner has been properly represented and validly authorised to institute this writ petition along with the second petitioner, since the learned counsel for the petitioner admitted that there has been no resolution of the municipal council for the purpose of filing the present writ petition ..... the second ground also is equally untenable .....
Tag this Judgment!