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Constitution

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RED LIGHT ON VEHICLES – only dignitaries as specified by central and state as per proviso (iii) to Rule 108(1) of the 1989 Rules and as prescribed in clauses ‘c’ and ‘d’ of Notifications dated 11.1.2002 and 28.7.2005 issued by the Central Government. – ambulance services, fire services, emergency maintenance etc, and police vehicles used as escorts or pilots or for law and order duties shall not be entitled to have red lights but lights of other colours, e.g., blue, white, multicoloured etc. – Clause 51 of the Motor Vehicles (Amendment) Bill, 2012 contains a provision for imposition of enhanced penalty. – misuse of the provisions of the 1989 Act and the 1989 Rules generally and the provisions of Rules 108 and 119 in particular. = Abhay Singh ….PETITIONER versus State of Uttar Pradesh and others …RESPONDENTS = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41060

RED LIGHT ON VEHICLES – only dignitaries as specified by central and state  as     per proviso (iii) to Rule  108(1)  of  the  1989 Rules and as prescribed in clauses ‘c’ and ‘d’ of Notifications dated 11.1.2002 and 28.7.2005 issued by the Central  Government. – ambulance services, fire services,  emergency maintenance etc, and police vehicles used as escorts or pilots or … Continue reading

Orissa Municipal Act, 1950 = whether the provisions of the Orissa Municipal Act, 1950 are applicable to Sundargarh district in Odisha. 2. It is not in dispute that Sundargarh district is a declared ‘Scheduled Area’ in terms of Clause 6(1) of the Fifth Schedule to the Constitution.= “The Constitution (Seventy-fourth Amendment) Act, 1992 inserting Part IX-A in the Constitution, seeks to strengthen the system of municipalities in urban areas, by placing these local self-governments on sound and effective footing and provide measures for regular and fair conduct of elections. Even before the insertion of the said Part IX-A, municipalities existed all over the country but there were no uniform or strong foundations for these local self-governments to function effectively. “Provisions relating to composition of municipalities, constitution and composition of Ward Committees, reservation of seats for weaker sections, duration of municipalities, powers, authority, responsibilities of municipalities, power to impose taxes, proper superintendence and centralised control of elections to municipalities, constitution of committees for district planning and metropolitan planning, were either not in existence or were found to be inadequate or defective in the State laws relating to municipalities. “Part IX-A seeks to strengthen the democratic political governance at grass root level in urban areas by providing constitutional status to municipalities, and by laying down minimum uniform norms and by ensuring regular and fair conduct of elections.” This objective has been achieved by the Orissa Municipal Act and the amendments made thereto, as extended to the Scheduled Areas. 24. In view of the factual position before us, we see no merit in this writ petition. It is accordingly dismissed.

Page 1     REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 215 OF 2012 Sundargarh Zilla Adivasi Advocates …..Petitioners Association and Others Versus State Government of Odisha and Ors. …..Respondents J U D G M E N T Madan B. Lokur, J. 1. The primary question for consideration in … Continue reading

Civil Contempt Petition No.359 of 2011, whereby the alleged contemnors were held to be guilty of contempt of court for having violated the order passed by the Division Bench of the Jaipur Bench of the Rajasthan High Court on 5th February, 2010, in D.B. Civil Writ Petition No.8104 of 2008.-since in order to comply with the findings in M. Nagaraj’s case and Suraj Bhan Meena’s case, necessary data was required to be collected, in the absence of which it was not possible for the State and its authorities to act in terms of the observations made in M. Nagaraj’s case and in Suraj Bhan Meena’s case (supra). 44. Accordingly, we are of the view that despite the fact that there has been delay on the part of the State and its authorities in giving effect to the observations made in the two aforesaid cases, there was no willful or deliberate intention on their part to defy the orders of this Court. The very fact that the Bhatnagar Committee was appointed indicates that the State and its authorities had every intention to implement the aforesaid observations, though the progress of such implementation has been tardy. Accordingly, we are unable to sustain the impugned judgment and order of the Division Bench of the High Court holding the Appellants guilty of contempt of Court for purported violation of the order passed by the Division Bench of the Jaipur Bench of the Rajasthan High Court on 5th February, 2010, while disposing of the Civil Writ Petition No.8410 of 2008. Consequently, the judgment and order under appeal has to be set aside. 45. We, accordingly, allow the appeals and set aside the aforesaid judgment, but with the further direction that the State and its authorities act in terms of the Report of the Bhatnagar Committee, in accordance with the decision rendered in M. Nagaraj’s case and in Suraj Bhan Meena’s case (supra), within two months from the date of communication of this judgment and order.

|REPORTABLE |   IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 2504-2505 OF 2012 1 2 Salauddin Ahmed & Anr. … Appellants   Vs.     2 Samta Andolan … Respondent       J U D G M E N T     ALTAMAS KABIR, J.   1. These appeals … Continue reading

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