Court : Chennai
..... , w.p.no.14307 of 2016, seeking to quash the government order, passed in g.o.ms.no.151dated 20.08.2009, which notified tamil nadu town panchayats, third grade municipalities, municipalities and municipal corporations (levy of property tax on vacant land) rules, 2009, and to the extent that it was not made ..... as the demands were raised only in the year, 2012, the petitioner contended that the amended section 81 (3) (a) of tamil nadu district municipalities act, (hereinafter, referred to as 'the act') was not applied to calculate the applicable vacant land tax for the first spell, and the demand was issued contrary to the principles of natural justice, as no pre-assessment notice was issued, ..... of the method and rate that were prevalent on those date, and subsequent amendment will apply only prospectively, and the assessment made in the case of petitioners will not come under the proposition of the ..... for the respondent- municipality contended that, as per sections 117 a and 81 a of the act, vacant land tax is assessed on the basis of the tax rate and method that is prevalent on the particular half year, for which, the tax is due, and in the present cases, limitation under section 117 a assessment has been made from 2005-06, and in such a case, calculation of the tax can be done only on the basis .....
Tag this Judgment!Court : Supreme Court of India
..... . an explanation to the said section was added and was deemed always to have been incorporated by the tamil nadu panchayats (amendment and miscellaneous provisions) act, 1964 (amending act) which provided as under: explanation- in this section and in section 116, land revenue means public revenue due on land and includes water cess payable to the government for water supplied or used for the irrigation of ..... . 15.9 the aforesaid conclusion was so arrived, inter alia, because the explanation to section 115 of the aforesaid amended tamil nadu act defined land revenue to include royalty, lease amount or any other sum payable to the government in respect of land held direct from the government civil appeal nos.4056-4064 of 1999 etc ..... lease shall be subject to the following conditions :- xxx xxx xxx (c) the lessee shall pay, for every year, except the first year of the lease, such yearly dead rent at the rates specified in the third schedule of the act and if the lease permits the working of more than one mineral in the same area the state government shall not charge separate dead rent in respect of each mineral: provided that the ..... 5335-5336 of 2002 with civil appeal no.5332 of 2002 with civil appeal no.1352 of 2005 with civil appeal no.1883 of 2006 with t.p. ..... . pramod gupta, (2005) 12 scc1[75]. ..... state of up, (2005) 2 scc515[47]. ..... 179 (2005) 6 scc499180 (2021) 10 scc165[56]. ..... state of up, (2005) 2 scc515[46]. .....
Tag this Judgment!Court : Supreme Court of India
..... clause (ca) of sub section (1) of section 102 were inserted by kerala panchayat raj (amendment) act, 30 of 2005. ..... in that case under the provisions of section 259 read with section 260 of the tamil nadu panchayats act, 1994. ..... panchayat raj act, 1994 (hereinafter referred to as the act ), an amendment was made in the year 2005, by act 30 of 2005 with effect from 22.08.2005 ..... the kerala panchayat raj act is concerned, there is no necessity, after the amendment under act 30 of 2005 to take ..... this court, in peoples union of civil liberties, held section 33 b of the representation of the people act, 1951, brought forth by the third amendment act, 2002, to be unconstitutional. ..... by any other person with the consent of a candidate or his election agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate s election, from any person in the service of a panchayat or of government, and belonging to any of the following classes, namely: (a) gazetted officers; (b) members of police forces; (c) excise officers; (d) revenue officers; and (e) such other class of persons in the service of the government ..... in the representation of the people act, 1951 as well as the tamil nadu panchayats act (out of which the decision in krishnamoorthy arose) the candidate challenging an election had to rely upon subordinate legislation to seek ..... ordinance was repealed and the representation of the people (third amendment) act, 2002 was notified with retrospective effect. .....
Tag this Judgment!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 .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
..... is in that background that an evaluation test was made compulsory and the state also amended the rules 4 for weeding out the dead wood, after giving three chances.5. ..... , as rightly pointed out by the learned counsel for the state, after the introduction of the right to education act, 2009, the whole scheme of education, particularly at the primary level, has undergone a sea change. ..... the appellants, as per the bihar panchayat primary teacher (employment and service conditions) rules, 2006 under which they were appointed, the evaluation test was intended only for the purpose of increment and there was no provision to terminate them ..... is not clear as to whether the appellants herein, who have been appointed prior to the introduction of the right to education act, have been given the training before subjecting them to the evaluation test. in l. ..... all these cases, the panchayat teachers are 3. ..... the parties, we are of the view that in order to give a quietus to the whole issue, it is only appropriate that the state is directed to subject the teachers, who have failed in the evaluation test for the third time, to a further training of six months. ..... post amendment, only a candidate who has passed the teachers eligibility test alone can be appointed, whereas under the 2006 rules, even untrained candidates could be appointed as ..... of tamil 6. ..... nadu and others reported in (2000) 7 scc618 this court has referred to the need for appointment of qualified and trained teachers, in particular, at the primary .....
Tag this Judgment!Court : Chennai
..... when the notification has been issued in 2006, the state government by this time should have amended rule 26 of the tamil nadu panchayats (election) rules, 1995 by inserting a sub-rule translating the above said state election commission notification dated 01.09.2006. ..... (1-d) offices of the presidents of the village panchayats, chairmen of panchayat union councils and chairmen of district panchayats in the state shall be reserved for women which shall not be less than one-third including the number of offices reserved for women belonging to the scheduled castes and scheduled tribes of the total number of such offices in the state: provided that the offices reserved under this section, shall be allotted by rotation to different panchayats at each level in such manner, as may ..... poll schedule whereas in this case, notification under section 24(2) came to be issued only on 26.09.2016, which the second respondent claims to have published at 12.15 a.m on 26.09.2016 and no 24(2) notice has been issued in accordance with the provisions of the tamil nadu panchayats act, 1994 and the election notification dated 26.09.2016 was belatedly published in the website on 27.09.2016. ..... belonging to the scheduled castes and the scheduled tribes from among the seats reserved for the persons belonging to the scheduled castes and the scheduled tribes which shall not be less than one-third of the total number of seats reserved for the persons belonging to scheduled castes and scheduled tribes. .....
Tag this Judgment!Court : Chennai
..... the above batch 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 ..... of municipality, councillor of corporation wards and mayor of corporation are governed by the tamil nadu district municipalities act, 1920 along with the relevant sections/rules in the municipal corporation acts, tamil nadu town panchayats, third grade municipalities, municipalities and corporation (elections) rules, 2006, the election for rural local bodies for the posts of member of village panchayat wards, president of village panchayat, member of panchayat union ward and member of district panchayat are governed by the tamil nadu panchayats act, 1994 and the tamil nadu panchayats (election) rules, 1995. 5. .....
Tag this Judgment!Court : Chennai Madurai
..... ." ***** ***** ***** ***** "section 2(16):"local authority" means - (i) any municipal corporation established under any law for the time being in force; or (ii) any municipal council constituted under the tamil nadu district municipalities act, 1920 (tamil nadu act v of 1920); or (iii) any district panchayat or any panchayat union council or any village panchayat constituted under the tamil nadu panchayats act, 1994 (tamil nadu act 21 of 1994);" ***** ***** ***** ***** "section 2(21): "state highways authority" means the officer appointed under sub-section (1) of section 5;" ***** ***** ***** ***** "section 3: declaration of roads, ways or lands ..... such power conferred by the statutory provisions in consonance with the spirit and object of the constitutional provisions inserted by the constitution (73rd amendment act), 1992, whereunder part ix of the constitution of india was inserted, in our considered opinion, cannot be lightly sidelined by the government by passing the ..... in w.p(md)no.8929 of 2015: writ petition is filed under article 226 of the constitution of india praying to issue a writ of certiorarified mandamus to call for the records relating to the impugned order passed by the third respondent in his proceedings k.no.4518/2009/vu.po2, dated 14.05.2015 and quash the same as illegal and consequently, direct the respondents herein to take appropriate measures to draw a composite plan to construct road over bridge and ..... jute factory reported in (2005) 13 supreme court cases .....
Tag this Judgment!Court : Chennai Madurai
..... the writ petitioner seeks the eviction of the 6th respondent trust from the tank in question is that under section 14-a(2) of act 26 of 1948, inserted by way of amendment under the tamil nadu act 49 of 1979, any ryotwari patta granted in respect of any private tank or oorani under act 26 of 1948, before the date of publication of the amendment act, shall stand cancelled. ..... already been issued with a patta under the tamil nadu estates (abolition and conversion into ryotwari ) act, 1948 (in short "act 26 of 1948"), by the settlement officer and hence the panchayat also took steps to get the patta cancelled ..... frustrated by their failure in all the attempts that they have made, right from 1926 upto the year 2000, the elected representatives of the panchayat board appear to have set-up a third party to come up with a public interest litigation, purportedly for the removal of the alleged encroachment, on what can be superficially termed as ..... prayer: writ petition under article 226 of the constitution of india, praying for issuance of a writ of mandamus, directing the respondents 1 to 5 to remove the encroachments of the oorani in pudhuvayal town panchayat survey no.105/1, to an extent of 2 acres and 7 cents and to direct the respondents 1 to 5 to mend the oorani for getting water for the public use, by considering the petitioner's representation ..... the said order, the settlement officer took note of the attempt made by the panchayat board, not once but twice, way back in 1926 and in 1933 to .....
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