” In our judgment both lines of the argument advanced- by the learned Attorney General in support of points and 4 are untenable and cannot be accepted said in Boddu Paidanna’s Case (1) at page 102 the manufacturer or producer would be “liable, if at all, to a sales tax because he sells and not because he discuss manufactures NRI Legal Services or produces; and he would be free from liability if NRI Legal Services he chose to give away everything which came from his factory. Thus, these new provision added to Constitution for strengthening the NRI Legal Services Panchayat Raj must operate after 1 year, if State Legislature had any inconsistent law with provision in said part and if that Legislature does not bring it in consonance with said NRI Legal Services part within said period of one year.
Obviously, it is the draft development plan referred to in earlier part. On February 19, 1957, another order was passed by this Court when its NRI Legal Services attention was drawn to the non-compliance of the conditions stated in the order of January 16, 1956, on the part of the appellants. Under Sub-Article [4] the Chairperson of every District Planning Committee has to forward the development plan recommended by such committee to Government of State. It is true that the date of the death of Satya Jiban, plaintiffs predecessor-in-title, is not known, if that is the point of time with reference to which the six months’ period has to be calculated.
136 of the Constitution. As per Article 243-ZD[2], the State Legislature has to provide for composition of DPC and filling in of the NRI Legal Services seats. Definition of District in Articles 243P and 243, as also definition of Panchayat in both the Articles is, identical. Section 46 lays down that the decision of the tribunal shall be by the majority of the members sitting and shall be final. Schedule relevant therein is Twelfth Schedule and Roads and Bridges is entry no. Article 243P defines Municipalities.
If the starting point of time is the date of the allotment of the tenure in question to the plaintiffs’ share as a result of the partition, we know that June 20, 1949, is the date of the compromise, as appears from the list of dates supplied by the counsel for the appellant. On that (lay the application for stay was allowed on two conditions being fulfilled and on the non-compliance of which the stay order would stand vacated. Perusal of Eleventh Schedule shows 29 entries, which include Agriculture, Land improvement, Animal Husbandry, Social Forestry, Rural housing, Drinking water, Poverty alleviation, Education, Libraries, Market and fairs, Health and Sanitation, Family welfare, Women and Child Development etc.
, denial of fair opportunity on account of incompetence of earlier counsel or NRI Legal Services on account of expeditious proceedings; This observation is contrary to the reasoning of the High Court in dealing with the grounds for recall, i. This Fundamental Right has been duly acknowledged by the Honble Superior Courts in numerous pronouncements including the case of State of Madhya Pradesh vs. It is obvious that this provision about the finality of the tribunal’s decision cannot affect this Court’s jurisd- iction under Art.
4/5th of the total number of members of such committee need to be elected by and from amongst the elected members of the Panchayat at district level and of the municipalities in districts. Shobha Ram and others, AIR 1966 SC 1910 wherein it has been observed as under: It may also be relevant to mention that Article 22(1) of the Constitution of India confers a Fundamental Right upon an accused, who has been arrested by the police to be defended by a NRI Legal Services practitioner of his choice.
Article 243W casts similar power and obligation upon the Municipalities. Article 243-ZD [3] obliges the DPC to prepare a draft development plan having regard to the matters of common interest between the Panchayats and Municipalities, including spatial planning, sharing of water and other physical and natural resources, integrated development of infrastructure and environment conservation. , we are unable to accede to the request made by the appellants.
That Article may also mean that DPC can consolidate these plans and also in addition, independently prepare a draft development plan for district as a whole. Section 26 bars jurisdiction of ordinary courts in regard to acts or omissions of the railway administration specified in the section. According to this section, the tribunial consists of a President and two other members appointed by the Central Government. (ix) The High Court has not rejected the reasons given by the trial court nor given any justification for permitting recall of the witnesses except for making general observations that recall was necessary for ensuring fair trial.
It was next contended that there is no proof that the mutation, even if made, had been made ” within six months of the succession “. The rent-receipt, exhibit 1, is dated January 4, 1950, and the order of mutation passed by the Burdwan Raj, is dated January 20, 1950. Apparently, therefore, the mutation must have been effected within six months from the date of the compromise, as a result of which the entire tenure was allotted to the plaintiffs’ share.
15, namely, the death of the last holder on the happening of which event, the succession to the tenure opened in favour of the plaintiffs. The law made by the State Legislature may assign to such committees function relating to district planning. -Having regard to the undertaking given, as also the fact that execution of the decree in suit No. 483/4400 of the Court of Small Causes, Bombay has been delayed long enough. 483/4400 of 1948 of the Court of Small Causes, Bombay until the 16th day of January, 1956 and had directed that the stay application be posted for hearing on that date.
The Legislature of State has been empowered to make law requiring the DPC to discharge functions relating to district planning as may be assigned to it. Article 243N specifies that any law relating to Panchayat in force, immediately before the commencement of the Constitution [73rd Amendment] Act, 1992 which is inconsistent with the provision of this part IX of the Constitution, shall continue to be in force until amended or repealed by a competent legislature or until the expiration of one year from its commencement, whichever is earlier.
The purpose of Article 243ZD therefore, appears to have a committee to effectively amalgate together separate plans prepared by the Panchayats and Municipalities, and on its basis to prepare a draft development plan for District as a whole. If was not argued be-fore us that this was not a case of succession, as contemplated by s.