Judgment Search Results Home > Cases Phrase: tamil nadu panchayats third amendment act 2005 Page 10 of about 9,103 results (0.220 seconds)

Anjar Municipality and ors. Vs. J.M. Vyas and ors.

Court : Gujarat

Reported in : AIR1999Guj298; (1999)3GLR1892

..... ' it may be stated here that by the constitution (seventy-third amendment) act, 1993, part ix has been added relating to panchayats (arts. ..... state of gujarat, (1994) 2 glh 573, this court had an occasion to consider the constitution (seventy-third amendment) act as well as constitution (seventy-fourth amendment) act. ..... by seventy-third amendment, part ix of the constitution was inserted relating to panchayats. ..... continuance of existing laws and municipalities -- 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act, 1992, which is inconsistent with the provisions of this part, shall continue to be in fore until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier. ..... the only question we intend to answer in whether the provisions of section 263 of the act, as amended by act 17of 1993 are ultra vires part iii or part ixa of the constitution.8. ..... the said amendment bills were passed by both the house of parliament and the seventy-third amendment came into force from 24th april, 1993, while seventy-fourth amendment came into force from 1st june, 1993. 18. ..... in this petition, the petitioners have challenged constitutional validity of section 263 of the gujarat municipalities act, 1963, as amended by the amendment act of 1993 (gujarat act 17 of 1993). .....

A. Aariff Vs. the State of Tamil Nadu, Represented by Secretary to Gov ...

Court : Chennai

Reported in : (2006)1MLJ91

..... consequently have prayed for issue of a writ of declaration declaring that section 3(2)(b) of the tamil nadu motor vehicles taxation amendment act, 1990 (act 28 of 1990) amending the provisions of the tamil nadu motor vehicles taxation act, 1974 prescribing the tax for a contract carriage at rs. ..... tax had not been uniformly distributed between the persons, namely, stage carriage and contract carriage operators, both the categories to be considered as equals with reference to the object sought to be achieved by the tamil nadu motor vehicles act judged by various norms and standards relevant to connect the nexus and object for classifying them into two categories for the purpose of levy of motor vehicles tax. ..... to have been taken into account.b) on the other hand, learned additional advocate general for state government would submit that in the absence of challenge relating to competence of state legislature to pass the amendment act or the power of the government to amend the schedule has not been questioned, and that the earlier division bench judgement of this court dated 20-12-90 considered and concluded all the issues in question. ..... the act was amended by tamil nadu act 28/90 as per which the rate of taxation for stage carriages was ..... of section 3(1) of the act, tax shall be levied on every motor vehicle used or kept for use in the state of tamil nadu at the rate specified for such vehicle in the first schedule or the second schedule or in the third schedule as the case may .....

The Tamil Nadu Co-operative Milk Producers' Federation Ltd. Vs. the St ...

Court : Chennai

Reported in : 2003(27)PTC322(Mad); [2005]141STC277(Mad)

..... the appellate assistant commissioner, the sales tax appellate tribunal and the tamil nadu taxation special tribunal confirmed the order of the commercial tax officer holding that the goods sold by the petitioner without the brand name registered under the trade marks act were leviable to sales-tax at the rate of 10%. ..... before parting with the case, it is surprise to find that there is no machinery provided by the government of tamil nadu to resolve the disputes that may arise between the government of tamil nadu and the state government undertakings in the matter of levy of sales tax. ..... goods with brand name were sold or the the invoices bore the name of the petitioner or the trade mark of the petitioner are not material to attract the entry 103 of the i schedule to the tngst act as the said entry is intended to cover the goods which are sold under any brand name and it does not apply to the sale of goods without brand name in the same place in which other goods ..... the entry 103 was amended with effect from 1.1.1987. ..... section 76 occurs in chapter x of the trade marks act which deals with the offences, penalties and procedure and section 76 deals with the cases of infringement of a trade mark by a third party by placing, enclosing or annexing any goods for sale or for the purpose of any trade or manufacture in or with any package or other thing to which a trade mark or mark or trade description has been applied. .....

The Chairman Bar Council of Tamil Nadu High Court and the Chairman Tru ...

Court : Chennai

Reported in : (2009)6MLJ107

..... 'notwithstanding anything contained in sub-section (1), every member of the fund who has completed or completes twenty-five years of practice as an advocate on the date coming into force of the tamil nadu advocates welfare fund (amendment) act, 2000 shall, on completion of five years as a member of the fund and on his cessation of practice, be paid a lumpsum amount of one lakh rupees' (w.e.f. ..... the object for such amendment is stated as follows:the tamil nadu advocates welfare fund act, 1987 (tamil nadu act 49 of 1987) has been enacted to provide for the constitution of a welfare fund for the benefit of advocates on cessation of practice and for ..... while so, the government of tamil nadu has brought an amendment to the welfare fund act, by way of an amendment act 43 of 1995, by which a new scheme was introduced that on the death of a member, his nominee or legal ..... orissa : air2003sc4506 , a constitutional bench of the supreme court, while considering about the relative seniority of direct recruits over mergerists under orissa administrative service class ii (appointment of officers validation) amendment act 1992, held that, while deciding about the validity of a legislation, it would be impossible to declare a law ultra vires merely because it would cause hardship, unless a case for ..... amar nath goyal : (2005)iiillj759sc , while considering the classification rule, the implication of financial constraint for fixing cut-off date for grant of benefit of increased quantum of death-cum- .....

Sony India Ltd. Vs. the Commercial Tax Officer,

Court : Chennai

Reported in : (2007)5MLJ881

..... above submissions, mr.p.s.raman, learned additional advocate general appearing for the state has submitted that the right of the state to levy sales tax on the sale or purchase of goods within the state of tamil nadu is covered by entry 54 of list ii of the seventh schedule read with articles 245 and 246 of the constitution of india and such power includes a power to levy tax on the goods based ..... is a registered dealer under the provisions of the tamil nadu general sales tax act, 1959 (for short, 'tngst act') and is an assessee on the file of the ..... that apart, the impugned amendment act fixing higher rate of tax for imported goods is on intelligible differentia and on the basis of reasonable classification and therefore we do not find any reason to hold that either the impugned act is violative of article 14 or the imposition of higher rate of sales tax for imported goods would in any way amount to restriction ..... a tax may be valid, it is firstly, within the competence of the legislature imposing it, secondly, that it is for a public purpose, and thirdly, that it does not violate the fundamental rights guaranteed by part iii of the constitution. ..... 4476 of 2005 is the proprietor of m/s mahaveer mirror industries, chennai and is an assessee under the provisions of the tngst act on the ..... 4476 of 2005, in addition to the above submission of mr.n.saiprakash, has also placed reliance on certain clauses of the general agreement on tariffs and trade, 1994, shortly known as (gatt) and submitted .....

K. Nithiyanantham Vs. State of Tamil Nadu Rep. by Its Secretary to Gov ...

Court : Chennai

Reported in : 2006(1)CTC1; [2007(1)JCR423(Mad)]; (2006)1MLJ1

..... the question referred for consideration of this full bench is as follows:'whether section 89-a of the tamil nadu co-operative societies act, 1983 introduced through the amendment act 12 of 2001 conferring powers on the special officer to admit new members in the co-operative society is arbitrary, unreasonable, ultra vires and unconstitutional, as it is the usurpation of judicial power-'2. ..... when the special officers or administrators as the case may be, perform the functions of the board, the government have decided to empower the special officers and administrators, appointed under the tamil nadu co-operative societies act, 1983 (tamil nadu act 30 of 1983) to exercise the functions of the board under clause (i) of sub-section (2) of section 21 to admit such eligible persons as members of the societies in accordance with the provisions of section 21 and to amend the said act suitably for the above purpose. ..... this department proposes to specifically clarify that the special officers and administrators appointed under the tamil nadu cooperative societies act, 1983 tamil nadu act 30 of 1983) should also exercise the functions of the board under clause (i) of sub-section (2) of section 21 to admit any individual eligible for admission as a member of the society in accordance with the provisions of section 21 , in order to conduct fair elections to the cooperative societies after admission of eligible members and to amend the said act suitably.'58. .....

The State of Tamil Nadu Rep. by Its Secretary Higher Education and the ...

Court : Chennai

Reported in : (2006)3MLJ1037

..... an amendment to the anna university act has been brought in by tamil nadu act 26 of 2001, whereby the technical institutions (engineering colleges) in the state of tamil nadu have been brought under the purview of aicte act and as such anna university is empowered to grant affiliation to the engineering colleges proposed to be started in the state. ..... the said notification reads as under:all india council for technical education, new delhi notification new delhi, november 28, 2005 procedure for processing of proposals for instroduction of additonal courses/increase/variation in intake in the existing technical institutions (a) the regional office shall in parallel, forward, within 15 days from the date of receipt of the proposal, one ..... though regulation 8(4)(e) of aicte regulation insist that no objection certification from the state government was mandatory with effect from 20.11.2002, on 28.11.2005 itself aicte issued another notification to the effect that no objection certificate from the concerned state government is not mandatory. ..... in the light of the above discussion, legal position and notification of aicte dated 28.11.2005; we hold that proviso to section-5(ac) of the anna university act, 1978 would not apply to an institution covered by aicte act, 1987. ..... however, it is not in dispute that on 28.11.2005 aicte notified to the effect that noc from the concerned state government is not mandatory. .....

Ramalingam Vs. Government of Tamil Nadu

Court : Chennai

..... communal property which is nothing but the tank in the instant case.19.admittedly, the appellant is a wing of the government and an instrumentality of the state and it is governed by the tamil nadu panchayats act and the provisions made therein provide independent right of maintenance of tank bund to the appellant and also to take action to evict the encroachers, to maintain the delicate ecological balance and to ..... bid at the auction without prejudice and the best price would therefore, be secured etc.41.at this stage, it is to be pointed out that section 132 of the tamil nadu panchayats act, 1994 speaks of 'vesting of communal property or income in village panchayat' which reads as follows:"any property or income including any fishery right which by custom belongs to, or has been administered for the common benefit of the inhabitants of ..... property" were substituted for the words "the property of government" by the adaptation order of 1937 and the words "the property of government" were substituted for "crown property" by the adaptation (amendment) order of 1950 [the property of government] except as may be otherwise provided by any law for the time being in force, subject always to all rights of way and other public rights ..... in second appeal where the lower appellate court relied upon an admission of a third party treating it as binding on the defendant. ..... and in violation of subbiah mudaliar's fishery right, leased out the fishery right in open auction to the third parties. .....

Balaji Distilleries Ltd. Vs. the Secretary to Government, State of Tam ...

Court : Chennai

Reported in : (2008)17VST59(Mad)

..... petitioner for recovery of any tax arrears for the period up to march 31, 2007 under the tamil nadu general sales tax act, 1959 and the tamil nadu value added tax act, 2006, including by issuance of form b6 notice or by attaching properties or monies directly or otherwise through the third respondent till the sanction by the fourth respondent of the scheme of rehabilitation under sic (sp) act, 1985 and receive payments and enforce payments in respect of taxes strictly in accordance with the final ..... as stated supra, the liability of the petitioner's company for payment of loans to the institutional creditors, the government or local bodies for the later period (2004-05 and 2005-06) was not the subject-matter of consideration, for the financial loss accumulated at the end of financial year ending with march 31, 2004 under reference nos. ..... when the proceedings were challenged, claiming protection under section 22 of the sica, the high court accepted the plea of the company and restrained the gram panchayat from demanding tax. ..... a gram panchayat initiated coercive proceedings to recover the property tax and other dues from the company. ..... in gram panchayat v. .....

G. Alayamani S/O Gopal Vs. the State of Tamil Nadu Rep. by Its Secreta ...

Court : Chennai

..... the question for consideration is as to which of the two methods is contemplated to arrive at the 'result of voting' under sub-section (12) of section 212 of the tamil nadu panchayats act, 1994 (for short 'the act').3. ..... raman, further, states that as far as the conduct of meeting of the panchayat union council is concerned, the tamil nadu panchayats (procedure for convening and conduct of meetings of panchayat union council and its committees) rules, 1999 will apply. ..... thus, when it comes to the election of a chairman or vice chairman of the panchayat union council, the tamil nadu panchayat (election) rules, 1995 specifically provide in rule 78 that if the number of candidates is more than one, the votes of the ward members present at the meeting shall be taken by ballot in the manner laid down in these rules. ..... , or(b) on a representation in writing signed by not less than two-thirds of the strength of the panchayat union council containing a statement of charges against the chairman of the panchayat union council and presented in person to any officer appointed by the government in this behalf by any two of the members of the panchayat union council,are satisfied that the chairman willfully omits or refuse to carry out or disobeys the provision of this act, or any rules, bye-laws, regulations or lawful orders issued ..... the legislative amendment cannot be struck down on the ground that a different or better view is possible.15. ..... by amendment, it has been raised to three-fouth. .....