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Mahant Prem Dass and ors. Vs. the Ajmer Municipality - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Judge
Reported in1954CriLJ544
AppellantMahant Prem Dass and ors.
RespondentThe Ajmer Municipality
Excerpt:
- section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect -.....orderatma charan, j.c.1. heard the parties. the legality of the house-tax imposed by the ajmer municipality may more appropriately be challenged, if so advised, before the civil court by bringing a proper suit. in a summary proceeding for recovery of the arrears of water-tax under section 234 under the regulation, it was not for the court below to have analysed whether such tax could or could not have been appropriately levied by the ajmer municipality.2. the application in revision is accordingly dismissed.
Judgment:
ORDER

Atma Charan, J.C.

1. Heard the parties. The legality of the house-tax imposed by the Ajmer Municipality may more appropriately be challenged, if so advised, before the Civil Court by bringing a proper suit. In a summary proceeding for recovery of the arrears of water-tax Under Section 234 under the Regulation, it was not for the court below to have analysed whether such tax could or could not have been appropriately levied by the Ajmer Municipality.

2. The application in revision is accordingly dismissed.


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