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Afjal Imam. Vs. State of Bihar and Others.

Court : Supreme Court of India

..... (iv) in the mizoram municipalities act, 2007, there is a provision for an executive council similar to the empowered standing committee. ..... the tenure of the members of the executive council is co-terminous with that of the chairman under section 21 (d) of mizoram municipalities act, 2007. ..... the appellant as well as the members of the empowered standing committee shall be entitled to exercise all the powers as the mayor and the members of the empowered standing committee as provided in the bihar municipal act, 2007, in accordance with law.40. ..... the bihar municipal act, 2007, like other municipal acts, provides for the election of the municipal councillors, the mayor or chief councillor and the deputy mayor/deputy chief councillor. ..... the scheme of the bihar municipal act, 2007 the provisions of the bihar municipal act, 2007 will have to be looked into on this background. ..... the division bench which decided the petition, noted in its order that the petition had sought to challenge the constitutional validity of section 27 of the bihar municipal act, 2007 for being contrary to section 21 of that act. ..... as far as patna municipal corporation is concerned, it was earlier governed under the patna municipal corporation act, 1951 (which has been repealed by section 488 of the bihar municipal act, 2007). ..... the relevant sections of the bihar municipal act, 2007 in this appeal we are concerned with the interrelation amongst sections 21, 23, 25 and 27 of the act. .....

Kadi Municipality Vs. New Chhotalal Mills Company Ltd.

Court : Gujarat

Reported in : AIR1965Guj293

..... tribunals: --all municipalities whether constituted under the a class municipalities act (no xii of 1940) or that b class municipalities act (no xiv of 1949) of the baroda state (hereinafter called: the baroda municipalities acts') shall be deemed to have been constituted under the bombay district municipal act, 1901 (bom iii of 1901), for the areas for which they were originally constituted and all committees, officers and authorities constituted or appointed under the baroda municipalities act shall be deemed to have been constituted or appointed under the corresponding provisions of the bombay district municipal act, 1901 (bom ..... the second contention was ---and that was a contention in the alternative ---that the tharav was an order under section 43 of the b class municipalities act, 32 of samvat 1983 and consequently an order under section 48 of the b class municipalities act 14 of 1949 and since by virtue of the operation of paragraph 5 (i) of the application of laws order, the b class municipalities act 14 of 1949 was repealed, the said order made under section 48 of the b class municipalities act 14 of 1949 was also repealed under paragraph 5 (ii) of the application of laws order. .....

Madanlal and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : AIR1961Raj3

..... the new board could not be constituted before the rajasthan municipalities act came into force for the reason that two members who had to be nominated before it could function were not so nominated by the government.after the coming into force of the rajasthan municipalities act of 1959, the government issued the rajasthan municipalities (transitory provisions) second order, 1959 (order no. ..... not been completely formed or begun to function before the appointed date, then, notwithstanding anything to the contrary contained in the repealed law or in the act - * * (iv) where any repealed law or an order thereunder fixing the number of members of a municipal authority contained a provision for the nomination or co-option of some members, the number of seats to be filled up by nomination or co-option may be filled after the appionted date by co-option of one person belonging to the scheduled castes or the scheduled tribes and 2 persons belonging to the female sex if no such person has been ..... 1 to 5 were elected members of the makrana municipal board before the rajasthan municipalities act (act no. .....

Azizulla Khan and ors. Vs. State and ors.

Court : Rajasthan

Reported in : AIR1991Raj101; 1991(1)WLC132

..... the total number of voters entered in the electoral roll is 1,20,406 and the average voters in each of the 40 wards come out to be 3010, whereas the total number of voters in the wards ranges from 1226 to 4900 and the difference varies from 10% to 60% and thus, the principle of representation of equal number of voters by each of the candidates elected has been flouted and that the same is violative of section 13(2) of the municipalities act and the allegation is that the same has been done intentionally to give benefit to the candidates of particular political party. ..... a statement before this court with reference to the amendment made in section 5 of the rajasthan municipalities act, 1955 that there should be a municipal corporation for an area having population of more than 5 lacs and, therefore, there will be no elections for the municipal council and now as and when the elections will be held, they will be held for jaipur municipal corporation; it was not open for the government to hold elections for municipal council and the government cannot be allowed to act contrary to a statement made before this .....

Anandrao Tohluji Bagade Vs. Namdeorao Lalwanji Sontakkey

Court : Mumbai

Reported in : (1978)80BOMLR462; 1978MhLJ371

..... in the alternative, he further contended that in any case having regard to the scheme of the maharashtra municipalities act, the respondent namdeo was not entitled to a declaration that he was duly elected as councillor from the said reserved ..... to shri madkholkar, the learned district judge has not properly appreciated the true scope of the provisions of section 21(10) of the maharashtra municipalities act.9. ..... namdeo having secured the highest number of votes, he was entitled to be declared as elected in view of the provisions of section 21(10) of the maharashtra municipalities act.10. ..... namdeorao filed an election petition before the district judge, nagpur under section 21 of the maharashtra municipalities act, 1965. ..... shri madkholkar, learned counsel appearing for the petitioner contended before us that the learned district judge committed an error apparent on the face of the record in coming to the conclusion that on the date of filing of the nomination paper as well as on the date of election the petitioner anandrao was not a mahar, but was professing boudh ..... 2 of 1974 whereby his election as a municipal councillor of saoner municipal council has been declared as null and void and the respondent namdeo was declared as elected from ward ..... 18 of the saoner municipal council for the reserved seat, is set ..... the elections to the municipal council, saoner were held on november 17, ..... the fact that we are not ready to act on the testimony of a person does not mean that he is a .....

Vellore Citizens Welfare Forum Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1996SC2715; JT1996(7)SC375; 1995(5)SCALE592; (1996)5SCC647; [1996]Supp5SCR241

..... the ambur municipality, which can exercise its powers as per the provisions of the madras district municipalities act (1920) more particularly under sections 226 to 231, 249 to 253 and 338 to 342 seems to be a silent spectator probably it does not want to antagomise the highly influential and stupendously rich tanners. ..... as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the central government under this act and for taking measures with respect such of the matters referred to in sub-section (2) as ma)' be mentioned in the order and subject to the supervision and control of the central government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority ..... to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.apart from the constitutional mandate to protect and improve the environment there are plenty of post independence legislations on the subject but more relevant enactments for our purpose are : the water (prevention and control of pollution) act, 1974 (the water act), the air (prevention and control of pollution) act, 1981 (the air act) and the environment protection act 1986 (the environment act). .....

Anil Trivedi and Another Vs. State of M.P. and Others

Court : Madhya Pradesh

..... municipalities act, 1961, it is noticed that the governor has to take the final decision and consider the objections regarding inclusion or exclusion of certain areas in the limits of corporation or the municipalities, as the case may be, as can be seen from section 405 of the act of 1956 and section 5-a of the act of 1961. ..... the state government had filed review petition taking the same stand as has been taken before this court that the decision under section 5-a of the municipalities act is to be taken by the state government and not by the governor. ..... municipalities act mandates the governor to consider the objection himself before forming subjective satisfaction about the necessity to exclude or include certain areas within the limits of the municipal area. ..... the provisions of section 5(a) of the municipality act, 1961 is identical to the provisions of section 405 of the m.p. ..... state of mizoram and others reported in 2005(2) scc 92 in support of his submission that the power under section 405(2) is to be exercised by the state government and not by the governor, but the division bench of this court in the matter of abhinesh mahore (supra) has already rejected the similar submission based upon these judgments. ..... prem chandra mishra and others reported in (2007) 14 scc 281, does not help the state since in that judgment also it has been held that a person acting bonafide having sufficient interest in the proceedings of public interest litigation, will have locus standi. 8. .....

Sh. Fanai Pahnuna Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2003)(1)SLJ76CAT

..... the ratio of the decisions rendered by the supreme court in bani singh (supra) and m radhakishan (supra) are aptly applicable on perusal of the materials on record it appears that the government of mizoram took a conscious decision for the mizoram house in shillong in the year 1989, long before the applicant came into the picture. ..... no.a-60011/16/99-gad dated 12.11.1991 which he put up to the chief minister of mizoram and the same was finally sent by the chief minister to the governor of meghalaya, wherein the chief minister impressed upon the governor of meghalaya to personally intervene in the matter and have the land released from the acquisition proceedings so that the government of mizoram could acquire the land for the long-felt need of a vip guest house at shillong.6. mr. k.p. ..... continuance of the proposed enquiry against the applicant under the all india service (discipline and appeal) rules, 1969 is the core issue raised in this application in the following circumstances: the applicant was recruited to the india administrative service (ias for short) of the joint arunachal pradesh, goa, mizoram and union territories (agmu for short) cadre under section 7 of the ias (recruitment) rules, 1954 by competitive examination in the year 1965.in the year 1990 the applicant was appointed as chief secretary to the government of mizoram, which ..... needless to state that the act does not apply to the cantonment and normal areas of shillong municipality, i.e. .....

Kadi Municipality Vs. the New Chhotalal Mills Co. Ltd.

Court : Gujarat

Reported in : (1961)2GLR153

..... 300/per year cannot by itself mean that the order is inconsistent with the bombay district municipal act as contemplated by the baroda state (application of laws) order 1949 such an inconsistency as contemplated by sub-clause (iv) of section 5 of that order can be said to exist if there is something in the baroda act or the order said to have been made thereunder which is contrary to the provisions or the objects of the bombay district municipal act 1901 section 59 of the bombay district municipal act confers as section 43 of the baroda act does power upon the district municipalities to levy octroi duty. ..... . after considering section 179 of the bombay district municipal act he held that there would be no effective municipality in existence that all the property of the municipality would vest in the state; that the government would be the owner of the property and as the plaintiff-company was seeking to recover the amount of its claim from the administrator it was in effect seeking a relief from the property owned by government .....

Sundargarh Zilla Adivasi Advocates Association and Others Vs. State Go ...

Court : Supreme Court of India

..... that the provisions of the orissa municipal act, 1950 (orissa act 23 of 1950) shall be deemed to have been applied to the scheduled areas of the state with effect from the 31st day of may 1994 subject to the following exception and modification, namely :- 1) sub-section (6) of section 1 of the orissa municipal act, 1950 shall be omitted; and 2) notwithstanding anything to the contrary in the orissa municipal act, 1950, the term of office of every councilor, vice- chairperson and chairperson of the municipal councils and notified area councils existing in the scheduled areas of the state immediately before the commencement of the ..... (2) the provisions of the sixth schedule shall apply to the administration of the tribal areas in the state of assam, meghalaya, tripura and mizoram. 4. ..... administration of scheduled areas and tribal areas : (1) the provisions of the fifth schedule shall apply to the administration and control of the scheduled areas and scheduled tribes in any state other than the states of assam meghalaya, tripura and mizoram. .....