Judgment Search Results Home > Cases Phrase: the kerala panchayat raj amendment act 2001 1 Page 1 of about 11,845 results (0.357 seconds)

State of Kerala, Represented by the Chief Secretary to Government and ...

Court : Kerala

..... to declare that the kerala panchayat raj (amendment) act, 2001 (act 12 of 2001) is illegal, unconstitutional and ab initio void; ii. ..... the kerala panchayat raj amendment ordinance no.36 of 2001 was promulgated which ordinance was subsequently converted into the kerala panchayat raj act, 2001 (act 12 of 2001) with effect from 14.09.2001. ..... ,before entering office, make and subscribe before the governor or a person authorised by him, an oath or affirmation as given below:- i, a b having been appointed as a member of the ombudsman for local self government institutions under the kerala panchayat raj act, 1994, do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india and i will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill ..... office, make and subscribe before the governor or some person appointed in that behalf by him, an oath or affirmation according to the form set out below:- i, a b having been appointed as the ombudsman for local self government institutions under the kerala panchayat raj act, 1994, do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitutions of india and i will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear .....

Babu Premarajan Vs. Superintendent of Police, Kasaragode and ors.

Court : Kerala

Reported in : AIR2000Ker417

..... the fourth order gives the grounds in brief, setting out the question of law involved namely, the validity of a newly inserted provision regarding conferring the status of high court judges on the seven members of the ombudsman appointed under section 271-g(9) of the kerala panchayat raj act. ..... (iv) "reference order the petitioner filed this original petition for the following main relief : (a) to issue a writ of certiorari or other appropriate order quashing section 271-g(9) of the kerala panchayat raj act, 1994 so far as it relates to the conferring of status of high court judge to the members of ombudsman as ultra vires of article 235 and state list in the 7th schedule of constitution of india. ..... the petitioner seeks to quash section 271-g(9) of the kerala panchayat raj act, conferring status of high court judge on the members of the ombudsman. ..... in this category may fall the ombudsman's case pursuant to the insertion of section 271-g in the kerala panchayat raj act. ..... by the 42nd constitution amendment act, 1976, the expression "administration of justice" has been transferred from entry 3 list ii to the concurrent list and inserted as entry 11a in list iii of the seventh schedule. 55. ..... secondly, there may be an important question of law of general or public importance affecting a large number of cases, as was the case referred to a division bench of this court regarding the grant of plus-two-courses, (11th and 12th standard), for the academic year 2000-2001. .....

K.N.Thankappan Vs. The Tribunal for Local Self Government Institutions

Court : Kerala

..... the tribunal for the kerala local self government institutions rules, 1999 (`the rules' for brevity), govern the eponymous tribunal, the very rules having been framed by the government in exercise of the powers conferred under section 254 of the kerala panchayat raj act, 1994, read with sections 271 s and 271 u, and section 509 of the kerala municipality act, 1994. ..... the learned counsel for the petitioners has contended that the kerala panchayat raj act is a complete code containing detailed provisions for limitation. ..... ajitha, 2001 (1) klt211 this court has held that kerala panchayat raj act is a completely code in itself regarding the issue of limitation.34. ..... whether section 5 or section 14 of the limitation act has any application to the case on hand for condoning the delay in presenting the appeal, or excluding the period spent by the petitioners pursuing the writ remedy, in the face of rule 8 of the tribunal for the kerala local self government institutions rules, 1999? ..... . if a gap is disclosed, the remedy lies in an amending act." 57 ..... (2010) 5 scc23 it has eventually held that section 5 of the limitation act cannot be invoked for condonation of delay in filing an appeal under the act because that would be tantamount to amendment of the legislative mandate by which special period of limitation has been prescribed. .....

Mohammad Rafi S. Vs. Fathahudeen and ors.

Court : Kerala

Reported in : 2008(3)KLJ276

..... it was pointed out that under section 99 of kerala panchayat raj act when an election petition contains a declaration that any candidate other than the returned candidate has been duly elected, returned candidate is entitled to file a recrimination petition and by allowing the petition to amend the election petition incorporating a relief of declaration that petition is the elected candidate, first respondent lost the said right, which was not taken into consideration by the learned munsiff. ..... ajitha 2001(1) klt 211 or 2001 (3) klt 758 it wasargued that the amendment petition should not have been allowed. ..... learned counsel also pointed out that by the amendment petitioner incorporated a prayer for declaration that he is the elected candidate, which was not there originally in the election petition and by allowing the election petitioner to incorporate such a plea, first respondent lost his valuable right of recrimination as provided under section 99 of kerala panchayat raj act. ..... as provided under explanation to section 93(1) of kerala panchayat raj act, trial of an election petition shall be deemed to commence on the date fixed for the respondents to appear before the court and answer the claim or claims made in the petition. .....

Omana Vs. Sussi Kunjachan

Court : Kerala

Reported in : 2003(1)KLT525

..... amendment to omit such a relief does not amount to a prayer for withdrawal of the lis itself.the provisions contained in section 109 or section 110, of the representation of people act are in pari-materia with the provisions contained in sections 108 and 109 of the kerala panchayat raj act. ..... the learned counsel appearing for the respondent has argued that the court which is dealing with an election petition is having power to allow an amendment though the same may not fail within the purview of the kerala panchayat raj act. ..... it is argued that it is illegal and if the prayer made in the petition is allowed, that will virtually amount to allowing an application for amendment which cannot be permitted by the court in view of the provisions of the kerala panchayat raj act. ..... 1314 of 2001 to implead the other two candidates stating that due to an omission, they were not made parties to the election petition and to avoid further dispute, those two persons are also to be impleaded. ..... 1314 of 2001 for impleading the other two persons who contested the election as respondents in the election o.p. ..... 1406 of 2001 is hereby set aside and the i.a. ..... 3615 of 2001 and 7235 of 2001 shall stand dismissed. ..... 1406 of 2001 in election o.p. .....

Balaiah Alias Balu Vs. State

Court : Chennai

..... it appears from the statement of objects and reasons of the amending act of 2001 that the intention of the legislature was to rationalise the sentence structure so as to ensure that while drug traffickers who traffic in significant quantities of drugs are punished with deterrent sentence, the addicts and those who commit less serious offences are sentenced to less severe punishment. ..... the appellant also relied upon a decision of the kerala high court in crl.a.887 of 2007, dated 09.08.2009, wherein the learned judge has observed that the quantitative test has to be conducted to find out the exact percentage of the components which constitute the substance for determining the offence committed by an accused, it is necessary to get the data which would show the exact percentage of diacetylmorphine contained in the substance seized from the accused and that when it is not ascertained, then the logical corollary is that the benefit should go to the ..... state), has also followed e.michael raj case and convicted and sentenced the accused under section 21(b) of the act. 8. ..... state by the inspector of police, nib cid, chennai), on 07.07.2009, as per section 21(b) of the act following the principles enunciated in e.michael raj case. ..... this court has followed the above said e.michael raj case on so many occasions. ..... the learned counsel appearing for the appellant in support of his contention placed reliance upon a most celebrated judgment on this point reported in (2008) 5 scc 161 (e.micheal raj v .....

Patrick Savio Marcelino Almeida Vs. Devanand Vasudev Shirodkar and Oth ...

Court : Mumbai Goa

..... section 18(4) of the panchayat raj act provides that the prescribed authority, may upon such terms as to costs and otherwise as he may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in his opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition, which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition. ..... since, the election of the petitioner in the present case is not challenged on the ground of corrupt practice, restrictions on the amendment of the petition envisaged in sub-section (4) of section 18 of the panchayat raj act are not applicable. ..... , but where the amendment sought for does not pertain to corrupt practice, it has to be considered in the light of section 87(which is similar to section 18(7) of the panchayat raj act] i.e. ..... the respondent no.1 has filed the said panchayat election petition under section 16 of the goa panchayat raj act, 1994 (panchayat raj act, for short), challenging the election of the petitioner from ward no. ..... in the present case, the election petition is filed under section 16 of the panchayat raj act, challenging the election of the petitioner on the ground that as on the date of election, the petitioner was not a citizen of india and was thus disqualified from his membership. ..... sonia gandhi [(2001) 8 scc 233]. mr. .....

Chhotkan Prasad and ors. Vs. Chief Secretary, Panchayati Raj and ors.

Court : Allahabad

Reported in : 2003(1)AWC353

..... this government order was cancelled on 30th june, 1999 and a fresh government order was issued on 1st july, 1999, after necessary amendment in panchayat raj act was made by u.p. ..... panchayat raj act as amended by u. p. ..... thereafter the matter was placed before the state minister (independent charge) panchayat raj, uttar pradesh for issuance of the government order who approved the same on 6th june, 2001. ..... when the aforesaid government order was issued, there was no statutory provision in the panchayat raj act empowering the state government to transfer the employees. ..... however, thelearned single judge held that paragraphs 3, 4 and 5 of the government order dated 6th june, 2001, as amended by the government order dated 21st september, 2001 by which tube-well operators and cane supervisors have been divided into two classes and the persons having qualification upto high school have been re-designated as gram panchayat evam vikas adhikarl (karyakram) are discriminatory and are quashed. ..... the validity of the government orders dated 6th june, 2001, 6th july, 2001 and 21st september, 2001 was challenged by the petitioners-appellants before the learned single judge on the ground that the government order dated 6th july, 2001, has not been issued in the name of the governor of the state and thus no decision has been taken by the state government and, therefore, they pleaded that the same is violative of article 166 of the constitution of india. ..... (2) state of kerala v. a. .....

C.K. Jidheesh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2006SC444; (2005)199CTR(SC)212; 2005(103)ECC81; [2005]279ITR118(SC); JT2005(10)SC297; 2005(4)KLT770(SC); (2005)13SCC37; [2006]144STC322(SC)

..... that letter is only clarifying what section 67 of the finance act, 1994, as amended by act 14 of 2001, provides. 6. ..... the provisions of the finance act had been challenged by the kerala colour labs association. ..... he points out that in the synopsis attached to this petition it is stated that the issues covered in this writ petition are already pending before this court in the slp filed by the kerala colour labs association. ..... even otherwise, the questions raised in this petition are fully covered and answered by the decision of the kerala high court, which we confirm as laying down the correct law.12. ..... he submits that the kerala colour labs association had filed a writ petition in the kerala high court challenging the constitutional validity of the provisions in the finance act, which permits levy of service tax on services like those rendered by the petitioner. ..... however, on finding that against the judgment of the kerala high court dated 31st january, 2002, slp (c) no. ..... he submits that that writ petition came to be dismissed by a judgment of the kerala high court dated 31st january, 2002. ..... that challenge had been repelled by the kerala high court and an slp against that judgment has already been dismissed by this court. ..... we have read the judgment of the kerala high court. ..... 6811 of 2002 filed by the kerala colour labs association was also dismissed on 8th january, 2003. .....

Lissy Valsalan Vs. State Election Commission

Court : Kerala

Reported in : 2003(3)KLT1185

..... article 343(b) defines grama sabha as follows:-'grama sabha means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of panchayat at the village level'.the relevant portion of section 3 of the kerala panchayat raj act dealing with grama sabha reads as follows:-'3. ..... the 3rd respondent filed a petition before the state election commission under section 36 of the kerala panchayat raj act seeking to disqualify the petitioner under section 35(p) of the act on 13.8.2002. ..... p4 order passed by the 1st respondent state election commission, declaring that she has suffered disqualification to continue as a member of the panchayat under section 35(p) of the kerala panchayat raj act, 1994 (hereinafter referred to as the act). ..... constituency is defined in section 2(7) of the kerala panchayat raj act as a ward of the panchayat. ..... if the issuance of notice is treated as the convening, the meeting on 14.11.2001 was convened by notice dated 20.10.2001 and so, even going by the petitioner's contention, notice for the first meeting should be issued before 20.1.2001 and the second meeting before 20.4.2002. ..... the last of the meetings of the grama sabha of her ward convened by her in the year 2001 was on 14.11.2001. ..... since the last meeting was held on 14.11.2001, the next meeting should be convened before 14.2.2002 and the second meeting should be convened before 14.5.2002. ..... , the meeting was to be convened between 1.12.2001 and 28.2.2002. .....