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Barla Rami Reddy and ors. Vs. Government of Andhra Pradesh Rep. by Its ...

Court : Andhra Pradesh

Reported in : 2008(3)ALD752; 2008(3)ALT336

..... mohammed yousef (1991) 4 scc 224, the tamil nadu legislature has amended the housing board act with retrospective effect with a view to remove the basis of the said judgment and providing expressly that existence of a scheme framed by the housing board is not a pre-condition for acquiring ..... while dealing with the appeal filed by the state of tamil nadu, the supreme court considered the provisions of the madras state housing board act, 1961 and, in particular, sections 35 to 69, which envisaged framing of the schemes, and sections 70, 71 and 72, which provide for acquisition and disposal of land for ..... before the supreme court were situated in the above-mentioned two villages, which were within their respective jurisdictions of the gram panchayats and their applications for sanction of building plans were accepted and building plans were sanctioned in april, 1991. ..... of 2006 is subject matter of slp before the supreme court and that leave was granted on 3-1-2008 directing the parties to maintain status quo in relation to possession of the property, which was subject matter ..... in sanjeet singh grewal 2008 (1) scj 34 : (2007) 6 scc 292 the board constituted under the provisions of the punjab regional and town planning and development act, 1995 was empowered by notification to declare its intention to specify any area in the state to be a regional planning area, a local planning area or the ..... 2008 to receive additional documents and the said application was allowed by this court on 26.3. .....

P.Nachimuthu and ors. Vs. the District Collector and ors.

Court : Chennai

..... unfortunately, the fact that the state of tamil nadu has not framed any rules under section 180 read with section 67(2) of the electricity act, 2003 has not been brought to the knowledge of this court. ..... accordingly, it is the responsibility of the third respondent in the event of any accident, it has to maintain the pathway without hindrance to the general public and the movement of vehicles and it will have to file a report to the tamil nadu electricity board and the revenue department about the condition of the cart track in every six months. ..... 14.the learned senior counsel shri.p.s.raman, submitted that the third respondent is to supply the electricity at the rate of rs.3.39/- per unit whereas the tamil nadu electricity board is buying the same at the rate of rs.10/- in the open market. ..... while filing these writ petitions, averments have been made in the affidavits stating that the cart track which belongs to the local panchayat and which is being used by the petitioners should not be used by the third respondent to their detriment. ..... analysis: 29.in the light of the discussions made above, it is very clear that in view of the provisions contained in electricity [removal of difficulty] (fifth) order, 2005, no licence is required for the third respondent for establishing, operating or maintaining a dedicated transmission line. ..... tamil nadu electricity board and others [(2008) 2 mlj 703] r.kannan vs. ..... and others [w.a.no.464 of 2008, order dated 10.04.2008] r.santhana raj and another vs .....

R. Pampapathi Vs. the State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1997KAR1510

..... state of tamil nadu : [1991]188itr690(sc) the supreme court while dealing with the validity of a cess on royalty on mineral rights under section 115 of tamil nadu panchayats act, 1958, held as follows:-'in any event, royalty is directly relatable only to the minerals extracted and on the principle that the general provision is excluded by the special one, royalty would be relatable to entries 23 & 50 of list ii, and not ..... reliefs; (a) declaration that the forest development tax is not leviable on royalty payable in regard to mining leases to the state government under the provisions of the central act; (b) to restrain the respondents from demanding or collecting forest development tax on royalty amount under section 98a of the forest act, as the said section is inapplicable; (c) for quashing the notices issued by the senior geologists demanding payment of forest development tax and for a direction to the ..... in the years 1992 and 1993, the jurisdictional senior geologists of the mines and geology department, have called upon the petitioners to pay forest development tax under section 98a of the karnataka forest act, 1963 (hereinafter referred to as the 'forest act' or 'state act') from 1.4.1992 at the rate of eight per cent per annum on the royalty amount paid by the petitioners to the department of mines and geology.2. ..... the supreme court observed:-'.....it is, therefore, a clear bar on the state legislature taking royalty so as to in fact amend find schedule of the central act. .....

Minor S. AswIn Kumar, Rep. by His Father and Natural Guardian Mr. P. S ...

Court : Chennai

Reported in : 2007(2)CTC677

..... degree, whatever name called, approved or recognised by the competent statutory body and affiliated to an university;(g) 'qualifying examination' means the examination conducted by the board of secondary education, government of tamil nadu, at the higher secondary (plus two) level or any equivalent examination conducted by the central board of secondary examination or any other state board of any other state or any other authority;(h) ..... effect to the provisions of this act, the government may, by an order published in the tamil nadu government gazette, make such provisions not inconsistent with the provisions of this act as appear to them to be necessary or expedient for removing the difficulty.provided that no such order shall be made after the expiry of two years from the date of commencement of this act.this enactment is not under ..... fact, if really the state government is interested to abolish the aptitude test also, it is open to the state government to tie up with the central government and bring a central legislation/ amendment, at any time to the said regulation to the extent or otherwise abolishing the aptitude test also for admission to the study of architecture.vii) equal distribution of power/right/benefit is the back ..... a committee of educational experts to recommend suitable measures for abolition of common entrance examination from the academic year 2007-2008.accordingly the government constituted a committee of educational experts under the chairmanship of dr. m. ..... fifth .....

Deva Asir Vs. The Secretary to Government, School Education Department ...

Court : Chennai Madurai

..... in the light of the above findings as well as the decisions, we conclude this judgment in the following manner: (1) there is no requirement under the tamil nadu private colleges (regulation) act, 1976 and tamil nadu private colleges (regulation) rules, 1976, to seek prior permission to fill up any vacant post in an aided college, which has already been sanctioned for the academic year by the director of collegiate education under rule 11(1) of ..... the aforesaid past history, the constitution also provides for making special provision for the advancement of socially and economically backward classes and for the sc/sts by inserting article 15(4) of the constitution in the first amendment to the constitution in 1951, more particularly, after the historic protest by thanthai periyar. 2.9. ..... the said order of the learned single judge was appealed against in w.a.no.92 and 93 of 2008 and the hon'ble division bench dismissed the writ appeals on 06.01.2010 by observing as follows at paragraphs 3 and 4:- ..... interpretation contending that such payment of grants shall be subject to government orders and instructions issued from time to time that appears in rule 11 would be confined to the question as to whether the grant should be given directly or through panchayat unions. 32.4 ..... of grants - (1) recognized private schools may be paid grants from state funds directly or through panchayat unions ..... of grants - (1) recognised private schools may be paid grants from state funds directly or through panchayat unions. .....

The Commissioner of Income-tax Vs. Tamil Nadu Transport Development Fi ...

Court : Chennai

Reported in : [2008]306ITR136(Mad)

..... it is a fact that during the course of original assessment proceedings the information regarding interest accrued and receivable by the assessee from another government company i.e m/s.tamil nadu state civil construction corporation limited was very much available in the 22nd annual report, which was filed with the original return of income. ..... the assessing officer completed the reassessment under section 143(3) r/w section 147 of the act by including interest accrued and receivable from m/s.tamil nadu state civil construction corporation limited. ..... the information regarding interest accrued and receivable from m/s.tamil nadu state civil construction corporation limited was very much available in the 22nd annual report of the assessee company, which was filed along with the original return of income. ..... this distinction has now been taken away by the amendment act. ..... para 3.0(a) page 28 of the annual report reads as under:the interest on the term loan granted to keerapalayam panchayat union / tnscc for construction of a bridge across vellar river near sethiathope accounted for in the accounts upto 31.3.95 on consistent basis was rs. ..... the change was brought in by the direct tax laws (amendment) act, 1987. ..... but as a result of the amendment brought with effect from april 1, 1989, the above distinction had been obliterated and the assessing officer could reassess the income as long as he had reason to believe that income chargeable had escaped assessment. .....

Dravida Munnetra Kazhagam and ors. Vs. the Tamil Nadu State Election C ...

Court : Chennai

..... re-polling in 17 booths in ward nos.23, 35, 45, 48 and 149 were ordered based on the report made by the commissioner, corporation of chennai in exercise of the requirement under rule 55 of the tamil nadu town panchayats, thrid-grade municipalities, municipalities and corporations (elections) rules, 2006. ..... rule 94 of the tamil nadu town panchayat and municipal (election) rules, 1996, provides that no election to the corporation shall be called ..... police for taking necessary action at once and inform him about the action, all other 29 complaints which were filed before the court contained the seal of the tamil nadu state election commission transmitting such complaints for necessary and immediate action and report by fax, signed on behalf of the secretary. ..... of the third respondent dated 9.11.2006 filed in w.p.no.39438 of 2006, it is stated that based on a complaint given by one tmt.devi, a candidate of cpi(m) against thiru.babu, mla belonging to the fifth respondent-political party, a case was registered in csr.no.236/06 in g.5 secretariat colony police station, which was subsequently registered as crime no.778 of 2006 in the same police station for the offences under sections 147 ..... to invalidate the election and that too without giving any particulars with regard to the alleged corrupt practices.65.part ix-a of the constitution was inserted by 73 amendment act, 1992. ..... gujarat assembly election, 2008 (2) scc 237, the supreme court underlined the duty of the election commission to conduct .....

Tata Sky Limited, Mumbai and Others Vs. the State of Tamil Nadu Throug ...

Court : Chennai

..... w.p.no.27071 of 2011is filed under article 226 of the constitution of india the the issue of a writ of declaration declaring imposition of 30% tax under section 4(1) of the tamil nadu entertainment tax (act), 1939 as amended by tamil nadu entertainment tax (second amendment) act, 2011 as discriminatory and confiscatory in violation of equality clause of article 14 of the constitution and direct the respondents to exempt the dth services from the entertainment tax and/or reduce the rate of tax to nil in parity with cable network as per notification no.g.o.ms.no.34 of 27.03.2008 (w.e.f. ..... month(ii)within the limits of the municipalities constituted under the tamil nadu district municipalities act, 1920 (tamil nadu act no.v of 1920).three thousand rupees per month(iii)within the limits of town panchayats constituted under the tamil nadu district municipalities act, 1920 (tamil nadu act no.v of 1920) or any other area not specified in items (i), (ii) or (iv).one thousand and five hundred rupees per month(iv)within the limits of village panchayats constituted under the tamil nadu panchayats act, 1994 (tamil nadu act no.21 of 1994).one thousand rupees per month(2) the tax ..... the substitution with effect from 1.4.1997 prescribed the rates in the municipal areas, industrial townships, town panchayats and village panchayats. .....

Cheran Group of Companies Vs. State of Tamil Nadu and Others

Court : Chennai

Reported in : [1999]97CompCas478(Mad)

..... could be arrived at between the third respondent sick industrial company and the workmen, and such settlement arrived at in the course of conciliation proceedings under s 11 and 12 of the industrial disputes act shall be taken into consideration by the board for industrial and financial reconstruction in considering, approving and sanctioning the scheme as well as making any arrangement for taking over under the provisions of ..... tamil nadu [1995] 2 lln 814 rejected the plea that the provisions of the sick industrial companies (special provisions) act, 1985, will prevail over the industrial disputes ..... as it would, in fact, amount to take over of the third respondent-company, and, therefore, the second respondent directed the operating agency, namely, the fifth respondent herein to release an advertisement inviting offers for taking over of the company in order to give an opportunity to the outside parties to submit a proposal ..... company holds the money of the village panchayat and proceedings with respect to the company were pending before the board for industrial and financial reconstruction, but in the meantime, the panchayat sought to use the power under 129 of the bombay village panchayat act by taking recourse with the proceedings ..... 22 would affect the proceedings to recover the property tax under 122 of the bombay village panchayats act unless they were taken out under the consent of the board for industrial and financial ..... act, 1985, the apex court, in gram ..... .....

Mohd. Riyazur Rehman Siddiqui Vs. Deputy Director of Health Services

Court : Mumbai

Reported in : 2009ACJ585; 2008(6)MhLj941

..... . the main contention in these cases was with regard to retrospective or prospective operation of section 100-a and also that for appeals filed prior to amendment act, it had not taken away the right of appeal provided the ingredients of clause 15 of the letters patent were satisfied ..... . the malimath committee had examined the issue of further appeal and recommended suitable amendments to then existing section 100a so as to bar further appeal.in the case of salem advocate bar association, tamil nadu v ..... . union of india : air2003sc189 , the supreme court while examining the constitutional validity of the amending act held that the provisions of section 100a were not unreasonable and did not place any unjustifiable restriction by removing the right to file intra-court appeal and held as under:15 ..... hearing before a division bench of this court on 22nd february 2008, the learned counsel appearing for the respective parties relied upon different judgments of this court as well as of the supreme court to argue for and against the very maintainability of the letters patent appeal in view of the provisions of sections 100a of the code of civil procedure, 1908, section 173 of the motor vehicles act, 1988 (hereinafter referred to as the 'm.v. act') clause 15 of the letters patent .....