Judgment Search Results Home > Cases Phrase: tamil nadu panchayats third amendment act 2005 Court: karnataka Page 1 of about 1,019 results (0.065 seconds)

Yellappa S/o Shivasharnappa Naikodi Vs. The Chief Secretary And Anr

Court : Karnataka Kalaburagi

..... the 58 post of chairman to the panchayat union under the provisions of tamil nadu panchayats act, 1958 was again bad in law and directed the returning officer to proceed with the elections in accordance with law and from the stage at which it has been interrupted by the order passed by the ..... corporation to scheduled caste and general category and thereafter, issued another notification dated 26th december, 2019 reserving the post of mayor and deputy mayor to scheduled tribe and backward class-a respectively, so also, issued third notification on 11th february, 2021 reserving to general (woman) and backward class-b categories for mayor and deputy mayor and lastly, by impugned notification dated 27th january, 2022, reserved the post of office of ..... is stated that the office of mayor and deputy mayor of municipal corporation in the state of karnataka have to be filled up as per the provisions of karnataka municipal corporations act, 1976 (for short, hereinafter referred to as the act ) and the karnataka municipal corporations (election) (amendment) rules, 2014 (for short, hereinafter referred to as the rules ). ..... thus, in the case of co-operative societies, after the amendment in the constitution, there has to be a board of elected representatives, which may be called board of directors or governing body or a managing committee, ..... the state government is duty bound to amend the existing rules or to frame new rules to give effect to the principle of rotation which is the mandate of the .....

Sri K C Kondaiah Vs. The State Of Karnataka

Court : Karnataka

..... part-ix of the constitution of india was incorporated by the constitution (seventy-third amendment) act, 1992 with effect from 24th april 1993. ..... also, for the independent and effective functioning of the state election commission, where it feels that it is not receiving the cooperation of the state government concerned in discharging its constitutional obligation of holding the elections to the panchayats or municipalities within the time mandated in the constitution, it will be open to the state election commission to approach the high courts, in the first instance, and thereafter the supreme court for a writ of mandamus or such 35 other ..... ) as and when called upon by the sec, the hon ble governor of a state is under a mandate to make available to the sec such staff, as may be necessary for holding/conduct of elections of panchayats; 25 iv) thus, if the sec wants requisite staff of the state government for conducting the elections, the sec has to request the hon ble governor of the state and not the state government, for providing ..... - (1) the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the grama panchayat, taluk panchayat or zilla panchayat and the power of delimitation of territorial constituencies and enforcement of the code of conduct in respect such elections shall be vested in the state election commission consisting of a state election commissioner to be appointed by the governor. .....

Sugalabai Vs. Gundappa A. Maradi and ors.

Court : Karnataka

Reported in : ILR2007KAR4790; 2008(2)KarLJ406

..... amend or repeal the state act but the effect of the non obstante clause in sub-section (1) of section 10-a which gives overriding effect to the provisions of section 10-a over anything contained in the indian medical council act, 1956 or any other law for the time being in force, is to render inapplicable, and thereby repeal impliedly, the proviso in served in sub-section (5) of section 5 of the medical university act in the matter of establishment of a new medical college in the state of tamil ..... his part, referring to the amendment to the principal act effected by the central amendment act of 2005 as well as by the karnataka state amendment act, 1990 submitted that there is no repugnancy between the provisions of the two amending acts and insofar as the position of a married daughter is concerned, in view of the karnataka amendment act, 1990 clearly providing under section 6-a(d) the criteria for application of sub-section (b) of section 6a, a daughter married prior to the commencement of the hindu succession (karnataka amendment) act, 1990, therefore, is ..... substantial question of law raised is concerned, it has to be mentioned that a perusal of the record of the lower appellate court reveals that the third defendant, though served, remained absent and the order sheet dated 6.2.1990 mentions that the notice was served on respondent ..... not see any error in so far as the lower appellate court proceedings to pass the judgement without the heirs of the third respondent being brought on record .....

Habeeb Proteins and Fats Extracts Vs. the Commissioner of Commercial T ...

Court : Karnataka

Reported in : ILR2005KAR1804

..... authority has taken exception to the order passed by the appellate authority on the ground that in view of the amendment to section 6 of the act by karnataka amendment act 8 of 1989, the legislature has inserted the expression 'or consume otherwise' immediately after the words either consumes such goods in the manufacture of other goods for sale or otherwise and the effect of this amendment is that the manufacturing process is no longer the decisive criteria and it will suffice if the goods are ..... to come to this conclusion, the revisional authority has relied on the amendment made to section 6 of the act by karnataka amendment act no. ..... state of tamilnadu - (1996) 100 stc 76, a division bench of madras high court has observed that in order to attract the levy of purchase tax under section 7a of the tamil nadu general sales tax act. ..... further, the revisional authority has observed in his order, than in view of the amendment by act no. ..... section 9 of the act has undergone several amendments and during the relevant assessment year, the material portion of section 6 of the act read as under:'section 6; levy of purchase tax under certain circumstances: subject to the provisions of sub-section (5) of section 5, every dealer who in the course of his business purchases any taxable goods in circumstances no tax under section 5 is .....

Ramdev Agencies Vs. Additional Assistant Commissioner of Commercial Ta ...

Court : Karnataka

Reported in : (2007)6VST644(Karn)

..... therefore, mill-made handkerchiefs are entitled to exemption under entry 4 of the third schedule to the tamil nadu general sales tax act, 1959.25. ..... 512 (ker), but even that decision would not come to the aid of the appellant, since the view expressed by the court was based on the interpretation of item 19 of the first schedule to the central excise act and the principle enunciated therein cannot be applied in view of the language employed in the amended entry 8-a of the fifth schedule to the act with effect from april 1, 1992.29. ..... 4 of 1992, the legislature has amended entry 8-a of the fifth schedule to the act, by inserting the expression 'as described from time to time in column (2) of the first schedule to the additional duties of excise (goods of special importance) act, 1957', immediately after the words 'cloths in lengths'. ..... by the very same amendment act no. ..... it is further averred that the amendment made to entry 8-a of the fifth schedule to the act, with effect from april 1, 1992, does not change the basic character of textiles, nor does it change the connotation. ..... if there is ambiguity in the provision as to any of the three components of tax law, namely, subject of tax; person-who is liable to pay tax; and rate at which tax is to be paid, in any such circumstance only the legislature can amend the provision or repeal it and enact a new one'. .....

Pushpalatha N.V. W/O Nemraj Vs. V. Padma Widow of Vasantha Kumar D.N.,

Court : Karnataka

..... that is precisely what is contained in the amendments carried out to the act by the legislatures of karnataka, andhra pradesh, maharashtra and tamil nadu ..... ground of the pious obligation under the hindu law, of such son, grandson or great-grandson to discharge any such debt;provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005 nothing contained in this sub-section shall affect-(a) the right of any creditor to proceed against the son, grandson of great-grandson, as the case may be; or(b) any alienation made in respect of or in satisfaction of, any such debt, ..... . being conscious of the fall out of the retrospective operation of this amended provision, the legislature stepped in and introduced a proviso to protect the interest of third party who have acquired interest in those ..... a coparcener and have the same rights in the coparcenary property, the parliament had in its mind the fall out of such declaration on the bona fide transactions entered into between the coparceners and the third parties for nearly four decades after coming into force of the act, where coparcenary property was kept out of the purview of the act. ..... clear. though this provision is made retrospective, if third party interests have crept in or even the co-parceners on the assumption that it has become their separate property after the partition by way of registered partition deed or effected by a decree of the court has made improvements or .....

Vasantha C. Kerur and Others Vs. B. Basavaraj and Others

Court : Karnataka

..... ground of the pious obligation under the hindu law, of such son, grandson or great-grandson to discharge any such debt: provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005*, nothing contained in this sub-section shall affect (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, ..... having carefully gone through the above reasoning and conclusion in pushpalatha case, air 2010 kar.124 supra, while we agree that the legislative intent was to protect interest of the third parties who acquired interests in the coparcenary property and also to protect the interest of the scarceness here coparcenary became their separate properties, as already discussed in paragraph 45 hereinabove, it is not possible to agree ..... because when the tamil nadu legislature introduced amendment in the year 1994 conferring right on a daughter, the status of a co-parcener and made it clear that such a right is not available to a daughter in the joint family, if already partition has taken place, in order to deprive the legitimate share of a daughter spurious documents came into existence to defeat the operation of the amendment. ..... fall out of the retrospective operation of this amended provision, the legislature stepped in and introduced a proviso to protect the interest of third party who have acquired interest in those properties. .....

Lokamani and Others Vs. Mahadevamma and Others

Court : Karnataka

..... (3) where a hindu dies after the commencement of the hindu succession (amendment) act, 2005, his interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary or intestate succession, as the case may be under this act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and, - (a) the daughter is allotted the same share as is allotted to a son; (b) the share of the pre-deceased ..... having regard to the need to render social justice to women, the states of andhra pradesh, tamil nadu, karnataka and maharashtra made necessary changes in the law giving equal right to daughters in hindu mitakshara coparcenary property: in kerala, the legislature enacted the kerala joint hindu family system (abolition) act, 1975. 17. ..... learned counsel for the appellants argued that sannamadaiah purchased a site in the name of the third plaintiff and gave gold and silver jewellery as well as cash to the first and second plaintiffs and therefore plaintiffs cannot claim any share in the suit properties. ..... even assuming that sannamadaiah had purchased a site in the name of third plaintiff and given jewellery and cash to other plaintiffs, the same cannot take away their legal right as daughters to claim a share in the co-parcenary properties by virtue of section 6 read with section 8 of hindu succession act. .....

Century Club Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : (2007)5VST292(Karn)

..... or cess on the manufacture of electricity under the madhya pradesh upkar adhiniyam, 1981, which continued to suffer from the vice of want of legislative competence with or without the explanation which had been added by an amending act, as the power to levy duty on manufacturer of power was within the legislative competence of the parliament under entry 84 of list i in the seventh schedule to the constitution. ..... the supreme court was considering the meaning to be attributed to the proviso and explanation as they occurred in the tamil nadu buildings (lease and rent control) act, 1960 and for the purpose of understanding the effect of the provisions of the explanation added to the proviso to section 10(2) of the act, whereby it was indicated that a default by the tenant in payment of rent even after the issue of two months notice by the landlord demanding the rent shall be ..... and clubs being made a hotel and further to rub salt into the wounds, a further explanation has been added to the definition, also by the very amending act roping in a club within the net of tax irrespective of the fact that such accommodation is provided in a club whether or not, by way of business, whereas in the definition clause itself, for the term 'hotel', which though is ..... state of karnataka reported in [2005] 4 klj 359 is also not of much assistance as there is no question of levy being either unambiguous in creating the charge or the levy under the charging section failing for ..... of karnataka [2005] 4 klj .....

Ashok Vs. Tawanappa Siddappa Jakkannavara

Court : Karnataka

Reported in : ILR1989KAR123; 1988(3)KarLJ562

..... to interfere with an election process at an intermediate stage after the commencement of the election process and before the declaration of the result of the election held for the purpose of filling a vacancy in the office of the chairman of a panchayat union under the provisions of the tamil nadu panchayat act, 1958 on the. ..... supreme court held that, the provisions of the relevant statute did not permit the registration officer to amend, alter or modify the voters list after the last date for filing the nomination paper. ..... the scheme of the act is to have the election of the pradhana within four weeks of the commencement of the term of the members of the panchayat numbering atleast two-thirds of its total strength. ..... reading these two sub-clauses of section 5 together, it is clear that on publication of two-thirds of the total number of members of the panchayat, by the deputy commissioner, the panchayat is deemed to have been constituted. ..... the panchayat stands constituted immediately on publication of the elected members numbering two-thirds of the membership 9f panchayat as per section 5(8) of the act. ..... in case, the conduct of the petitioner, in keeping quiet creates any equity in favour of the respondent or interest of third party is allowed to come into life or for such other similar reasons grant of relief to the petitioner will cause undue hardship or affect public interest, the procrastination of the petitioner in approaching this court is a factor to deny .....