Judgment Search Results Home > Cases Phrase: the chhattisgarh muncipalities amendment act 2011 Page 4 of about 5,726 results (0.333 seconds)

Krishan Kumar Singla Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1999)123PLR150

..... a bare reading of the amended provisions shows that clause(i) of sub-section (3) of section 9 as well as the first proviso were omitted by the amended act while second proviso was substituted by the amended proviso. ..... therefore, we have no hesitation in coming to the conclusion that amendment of section 9 by the amending act 18 of 1996 does not in any way improve the case of the respondents. ..... it is also contended that neither the haryana municipal act, 1973, nor haryana municipal (amendment) act, 1995 was enacted by the state legislature under any delegated legislative powers derived from central legislation. ..... 'it is contended that section 9 was again amended by act 3 of 1995 and by amendment, another proviso was added to section 9 which provided that the persons referred to in clauses (ii) and (iii) shall neither have a right to contest nor right to vote in the election/removal of president or vice president of committee or municipal council, as the case may be. ..... the legislature has used different expression in different provisions of the act (reference can be made to sections 9, 18 and 21 of the amended act). .....

Jigyasa Jain & Ors vs.union of India & Ors

Court : Delhi

..... of clauses 15(6) and 16(6) in the constitution vide the constitution (one hundred and third amendment) act, 2019 and in order to enable the economically weaker sections (ewss) who are not covered under the existing scheme of reservations for the scheduled castes, the socially and educationally backward classes, to receive the benefits of reservation on a referential basis in civil posts and services in the government of india and admission in educational institutions, it has been decided by the government to provide 10% reservation ..... the provisions of the constitution (one hundred and third amendment) act 2019, and the reference of ministry of social justice and empowerment vide om no.2001310112018-bc-ll dated 17th january 2019, enabling provision of the economically weaker sections (ewss) who are not covered under the existing scheme of reservations for the scheduled castes, the socially and educationally backward classes, it has been decided to provide reservation in admission to educational institutions subject to a maximum of ten percent of the ..... department of higher education copy to: chief secretaries of all state governments/uts: with a request to give effect to the provisions of the constitution (one hundred and third amendment) act, 2019 for all higher educational institutions funded/aided, directly or wp (c) 5447 & 5701/2019 page 12 of 26 indirectly, by the state government in such manner that the provision for ews would become operational from the academic year 2019-20. .....

Chandrakant S/O Ganpatrao Ghuse Vs. State of Maharashtra Through Its S ...

Court : Mumbai

Reported in : 2001(2)BomCR528

..... after the 1994 amendment to this sub-section (49) of section 2, the legislature intentionally excluded the category of co-opted councillors and nominated councillors from the definition of 'total number of councillors' and, therefore, if the argument of the learned senior counsel is accepted, then the nominated councillors will have to be included in the definition of 'total number of councillors' which will revive the position existed prior to 1994 amendment to sub-section (49) of section 2 of the act and will defeat the intention of the legislature and the object of the amended act, 1994. ..... been carried'.however, in the instant case, as per the definition of 'total number of councillors' provided in sub-section (49) of section 2 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965, the nominated members are excluded from the definition of 'total number of councillors' and means only the total number of elected councillors of that council and, therefore, we are afraid, that the ratio laid down by the apex court, in the context of the specific provisions of the maharashtra municipal councils, nagar ..... (49) of section 2 of the act, before the 1994 amendment, which is quoted hereinabove, has included in the definition of 'total number of councillors' all the categories of councillors i.e. ..... the learned government pleader further contended that sub-section (49) of section 2 of the act, prior to the 1994 amendment as then existed, reads thus : ' .....

N. Srinivas Vs. V. Narayanaswamy and Others

Court : Karnataka

..... the municipalities have been conferred constitutional status by amending the constitution and adding part ix-a vide the 74th amendment act, 1992 w.e.f 1.6.1993. ..... having regard to the fact that the municipal councillors are required to function as per the provisions of the karnataka municipalities act, 1964 and as certain important, obligatory and special functions are to be carried out by the municipal councillors under the act, the courts would normally be very slow in interfering with the normal duties of the elected representatives. ..... p.s.rajagopal; learned senior advocate appearing on behalf of respondents 1 and 2 opposes the appeal by contending that the appeal itself is not maintainable inasmuch as no appeal is provided under karnataka municipalities act as against the interim order passed by the senior civil judge, chickballapur/ election tribunal; the court below on viewing the cd produced before it and being satisfied about the fraud committed by the tahsildar to help the appellant, has granted the order of injunction. ..... under section 27 of the karnataka municipalities act, the appeal shall lie against an order passed by the election tribunal under section 25 to the high court; section 25 of the karnataka municipalities act deals with the final decision of the election tribunal. .....

Anoop Baranwal Vs. Union Of India Ministry Of Law And Justice Secretar ...

Court : Supreme Court of India

..... after referring to article 324(2), the fact of the appointments being discussed in the constituent assembly, article 324(2) leaving it to the parliament to legislate, the recommendation of the goswami committee in 1990, we find the following discussion: 6.10.4 this was followed by the introduction of the constitution (seventieth amendment) bill 1990, which was introduced in the rajya sabha on 30th may 1990 providing that the cec would be appointed by the president after consultation with the chairman of the rajya sabha, the speaker of the lok sabha, and the leader of the opposition (or the leader of the largest party) in the lok sabha. ..... under sub-section (2) of section 8a in respect of any disqualification for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a state shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11a of this act as it stood immediately before the commencement of the election laws (amendment) act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for voting also.120. ..... union of india, (2011) 4 scc1: (2011) 1 scc (l&s) 609]. .....

Pranava P.S. Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : 2002(6)KarLJ492

..... before parting with this case i would like to impress upon the respondents the necessity of educating the authorities who are authorised to issue the certificates under rule 14(3) so that the certificates are issued by them keeping in mind the amended provisions so that the question of approaching this court on the basis of the incorrect certificates would be considerably reduced. ..... , : air1993sc477 has held that the reservation under article 16(4) shall not exceed 50% of the appointments or posts barring certain extraordinary situations explained therein, the government after a careful consideration of the above matter has taken a policy decision that there shall be provided horizontal reservation for the rural candidates as defined in the act to the extent of 10% of the vacancies in all direct recruitments in each of the categories of the general merit, scheduled castes and scheduled tribes and each of the categories of other backward classes.9. ..... in view of the amendment declaring the smaller urban areas, the rural category has been separated, for whom the reservation benefits as per the state policy has been prescribed and hence the selection rules have also been amended to be in conformity with the other laws applicable. ..... in fact a similar rule prior to amendment was there in the karnataka reservation or appointment of posts (in the civil services of the state) for rural candidates act, 2000. .....

Champa Lal Vs. State of Rajasthan and Ors.

Court : Supreme Court of India

..... now we know that before the first day of april, 1952, there was a four-year limit for assessments or re- assessments under sub-section 3 of section 34 but thereafter that limit was removed by the proviso added by section 18 of the amending act of 1953 and by section 31 of the same act assessments made before or after the commencement of the amending act of 1953 (1-4-1-952) were declared valid if proceedings commenced after september 8, 1948. ..... 3 the establishment of municipalities and their organisations is governed by part ix a (consisting of articles 243p to 243zg) of the constitution of india inserted in the constitution by the constitution 74th (amendment) act, 1992 with effect from 1.6.1993. ..... the department in this case had relied on the amending act of 1953 before the high court. ..... but a court is required to take judicial notice of statutes and if section 31 of the act 1953 said that of course the amendments as made by the 1953 act) shall apply and shall be deemed always to have applied to any assessment or re-assessment for any year ending before april 1, 1948, it is the duty of court, and tribunals to read section 34 in that manner and in no other. ..... the impugned actions of the respondent state which culminated in the two impugned judgments of the high court suffers from a fundamental infirmity which goes to the root 3 the consequent act referred to by the court is that a new notification was directed to be issued. .....

V.D. Yesudasan and Others Vs. State of Kerala and Another

Court : Kerala

..... after the amendment of the constitution of india by the 73rd amendment, the kerala panchayat raj act, 1994 was ..... to ascertain whether a rule is ultra vires of the act, the court can go into the question (a) whether it contravenes expressly or impliedly any of the provisions of the statute; (b) whether it achieves the intent and object of the act; and (c) whether it is "unreasonable" to be manifestly arbitrary, unjust or partial implying thereby want of authority to make such rules." ..... is only proper that they shall not be stagnated in the present post when their department grows larger because of the amendment of the constitution and consequent strengthening of local self government institutions. ..... a particular rule or the act is interpreted by a court of law in a specified manner and the law- making authority forms the opinion that such an interpretation would adversely affect the rights of the parties and would be grossly iniquitous and accordingly a new set of rules or laws is enacted, it is very often challenged on the ground that the legislature has usurped the judicial power. ..... however, the functional responsibilities of the panchayat raj institutions were substantially changed after the 73rd amendment of the constitution of ..... after the constitution 73rd amendment, the functional responsibility of the engineering staff of panchayats and municipalities in the state were substantially ..... is also not a case where the state intended to make amendments in the promotional policy. .....

M. Vemala Nayaka and Others Vs. Smt. Raniyamma and Another

Court : Karnataka

Reported in : ILR1997KAR2449

..... the supreme court in the case of saraswati devi, supra, interpreting the provisions of haryana municipal act and haryana municipal election rules, with reference to article 243 of the constitution of india introduced by 73rd amendment act, has held that the constitutional mandate makes it very clear that such chairpersons of panchayats or municipalities would be made available by rotation as provided by the state legislature to scheduled castes, scheduled tribes and women. ..... raniyamma who has been elected as a member of the zilla panchayat from the constituency reserved for scheduled caste woman, is eligible to contest in the election to the post of adhyaksa, reserved for the scheduled caste'.article 243 of the constitution, has been introduced by 73rd amendment act, 1992. ..... in the state or of the scheduled tribes in the state bears to the total population of the state:provided further that not less than one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women:provided also that the number of offices reserved under this clause shall be allotted by rotation to different panchayats at each level'.keeping in view the mandate of the constitution, the state government has provided for reservation to the posts of adhyaksha and upadhyaksha under section 177 of the act. .....

Abaam Hotel Vs. State of Kerala

Court : Kerala

..... later, the legislature has, however, reincorporated it with effect from 09.07.2013 through kerala municipalities (second amendment) act, 2014. ..... he has also submitted that the ordinance has been replaced later by kerala municipality (second amendment) act, 2014.5. ..... at any rate, it is to be further observed that though in terms of the deeming provision, the noc and sanitation certificate are declared to have been given, for all practical purposes, in the petitioner's favour, the authorities, nevertheless, are not powerless to re-examine the issue in the course of time whether the petitioner has violated any statutory provision while the deemed noc or licence has been in force. ..... summing up his submissions the learned senior counsel has submitted that in terms of the deeming provision in section 447 (6) of the act, both the certificates -- the noc and the sanitation certificate--are, as a matter of legal fiction, given to the petitioner. ..... 18118 of 2015 6 prescribed in any class of cases the application shall be deemed to have been allowed for the period required in the application, subject to the act, rules and bye-laws and all conditions which would have been ordinary imposed." 13. ..... in expatiation of his submissions, the learned government pleader would contend that schedule i appended to the kerala municipalities dangerous and offensive trade licensing rules, 2011 does not include beer and wine under any category of the dangerous and offensive trades. .....