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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: chennai Year: 1966 Page 1 of about 7 results (0.309 seconds)

Jan 20 1966 (HC)

Raval and Co. Vs. K.G. Ramachandran and ors.

Court : Chennai

Decided on : Jan-20-1966

Reported in : AIR1967Mad57; (1966)2MLJ63

..... analysis of the argument that the interest possessed by a tenant in a lease is certainly "property" for the purpose of act. 19 equally with the interest of the landlords, vide municipal corporation of greater bombay v. pancham. . the learned advocate general has advanced two main contentions on this aspect; after ..... it is difficult even to appreciate the plea of hostile discrimination urged on behalf of messrs. raval and co., who seek to impugns the amending act (act 11 of 1964) on this ground. firstly, the party advancing this plea is a tenant, and it is urged that landlords were subject to ..... art. 254(2) for the validity of the enactment. in the middle group would appear to fall the larger number of the acts particularly an act like bombay act lvii of 1947. here, no doubt, an additional protection is given to statutory tenancies in several ways, but the ordinary machinery of ..... terms, not merely contractual tenancies, during their subsistence, but also to statutory tenancies, after the determination of a contractual tenancy. under the terms of this act, therefore, a landlord can evict a tenant on the special grounds available notwithstanding the subsistence of a contractual tenancy, and even though it has not ..... 13(2) will not be operative. but it is not disputed that act 11 of 1964 was enacted during the emergency and that art. 358 would therefore apply.the supreme court held in makhan singh v. state of punjab, that "the suspension of art. 19 during the pendency of the proclamation .....

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Mar 25 1966 (HC)

The Buckingham and Carnatic Company Ltd. and ors. Vs. the State of Mad ...

Court : Chennai

Decided on : Mar-25-1966

Reported in : (1966)2MLJ172

..... tax on the lands falling under entry 49, list ii in schedule vii of the constitution, the property tax levied under the madras city municipal act, 1919 is also a tax on lands and buildings falling under the same entry and that it is ultra vires and incompetent for the state ..... the provincial legislature is restricted to tax on lands and buildings without taking into consideration the capital value of lands and buildings. this view was dissented from by municipal corporation, ahmedabad v. gordhandas : air1954bom188 , 184 on both the points. gajendragadkar, j., as he then was, said:with very great respect, i am ..... furnished where the disproportion between the quit rent and the present demand is to be noted as well as the disproportion between the municipal annual valuation and the demand under the act. so far as the demands on the petitioner are concerned, they are attacked on the ground that the authorities have determined ..... seen that all indian statutes till 1911 dealing with municipal taxation impose a tax on the annual value of lands or buildings without always using the word ' rate.' in some of the statutes the word ' rate' is used but the tax is again on the annual value.... these acts which were passed between 1912 and ..... or on the income as such.ralia ram v. the province of east punjab (1949) 1 m.l.j. 213 : (1949) f.l.j. 8 : 948 f.c.r. 207, was concerned with the punjab urban immovable property tax act which levied an annual tax on buildings and lands situated in the rating areas .....

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Sep 29 1966 (HC)

Sakunthalammal Vs. Chandrasekar Reddiar and ors.

Court : Chennai

Decided on : Sep-29-1966

Reported in : AIR1968Mad195

..... in ejectment. in md. hussain v. secretary of state, air 1939 lah 330, while holding that the transfer of property act was not in force in punjab and that its technical provisions like section 114-a do not apply to that province, it was further observed that the ..... forfeiture on the ground of disclaimer of title with reference to a transaction prior to the coming into operation of the transfer of property act, chagla c. j. who delivered the judgment points out, that their lordships of the judicial committee referring to section 111 observed that ..... of his contention that section 114-a must be read as having retrospective operation and there was nothing in section 63 of the amending act showing different intention, learned counsel referred to the decision in quilter v. mapleson, (1882) 9 qbd 672. that was a case where ..... been replaced by the law of property act 1925 and section 114-a of our transfer of property act follows the provisions of section 146 of the law of property act of 1925.(9) learned counsel submitted that in a later case mohd. amir v. municipal board, sitapur, : the supreme court ..... hastaken the view that section 111(g) embodies principles in consonance with justice, equity and good conscience, and this rule should be applied notwithstanding the observations in . having gone through both the decisions carefully, i find no such departure in from the principles enunciated inas contended. in the provisions of transfer ofproperty act .....

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Aug 05 1966 (HC)

The Madras Piece-goods Merchants Charitable Trust by Its Secretary V.S ...

Court : Chennai

Decided on : Aug-05-1966

Reported in : (1966)2MLJ533

..... tenant in the sense that there is a transfer of interest by the landlord in favour of the tenant vide h.s. rikhy v. the new delhi municipality : [1962]3scr604 . the question, therefore, is not so much whether the compensation paid by the person in occupation is termed 'rent' as whether ..... stand or slaughter house or of rent for shops has been farmed out or leased by a municipal council or the district board or the corporation of madras. ' rent' has not been defined in the act and the use of this word is not conclusive of the matter that relation of landlord and ..... tenancies, by affording a special protection to tenants against eviction, and also balancing this by certain corresponding obligations imposed on tenants....therefore, act xviii of 1960 including act xi of 1964 are within the competence of the legislature and validly passed, that none of them is liable to be struck down ..... numerous fields of human activity, which have been held to be reasonable...the answer given to the reference by the full bench was:the madras rent control acts, viewed, from any perspective, such as that of legislative competence, legislative intendment or the plain significance of the structure of the enactments, admits only ..... limit on the basis of rent has been removed in respect of non-residential buildings. the question then arises whether act xi of 1964 could be given retrospective effect. a full bench of the punjab high court held in shamsunder v. ramdas a.i.r. 1951 p.&h.; 52 that a statute, unless .....

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Jan 20 1966 (HC)

Raval and Co. and anr. Vs. K.G. Ramachandran (Minor) and ors.

Court : Chennai

Decided on : Jan-20-1966

Reported in : (1966)2MLJ68

..... article 254(2), for the validity of the enactment. in the middle group would, appear to fall the larger number of the acts, particularly an act like bombay act lvii of 1947. here, no doubt, an additional protection is given to statutory tenancies, in several ways, but the ordinary machinery ..... not merely to contractual tenancies during their subsistence, but also to statutory tenancies, after the determination of a contractual tenancy. under the terms of this act, therefore, a landlord can evict a tenant on the special grounds available, notwithstanding the subsistence of a contractual tenancy, and even though it has ..... the reference, and, as the matter has been argued before us, the following questions emerge for our consideration:1. do the madras act, including the latest amending act xi of 1964, enact as self-contained code governing all relationships between landlords and tenants, during their subsistence, including contractual as well as ..... or transfer. h. s. rikhy v. new delhi municipality (1962) 1 s.c.j. 612 is a decision on the delhi and ajmer rent control act (xxxviii of 1952). the definitions of ' letting', 'landlord', 'premises' and 'tenant' in the act are referred to and discussed, and the court held that ..... 13(2) will not be operative. but it is not disputed that act xi of 1964 was enacted during the emergency, and that: article 358 would therefore apply. the supreme court held in mackhan singh v. state of punjab : [1963]49itr137(sc) that ' the suspension of article 19 during .....

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Sep 05 1966 (HC)

Raman Nambisan (P.) and ors. Vs. Madras State Electricity Board (by It ...

Court : Chennai

Decided on : Sep-05-1966

Reported in : (1967)ILLJ252Mad

..... joined the service of the tiruvellur panchayat board, electricity department, at tiruvellur, in 1937, as a clerk. he was an accountants in the madras electricity system of the tiruvellur municipality when the state electricity board took over. the services of the petitioner were transferred to the madras state electricity board on 1 july 1957. on 17 june 1966 the petitioner ..... distribution company, ltd., in july 1934 as a clerk. in the service record and the provident fund pass book the petitioner has given his date of birth as 7 december 1911. when the company was taken over by the madras state electricity board, the petitioner was asked to furnish certain information, and he grave his date of birth as 7 ..... that arises for consideration in this petition is whether the petitioner, an assistant (administration), is a workman within the definition of section 2(i) of the industrial employment (standing orders) act, 1946. a person employed in any industrial establishment to do any skilled or unskilled manual, supervisory, technical or clerical work comes within the meaning of ' workman.' but a person, ..... establishment.the questions that have to be considered, therefore, are:(1) whether the establishments under the madras state electricity board come within the provisions of section 13b of the act, and(2) whether the government is empowered to exempt the clerical staff alone in the establishment under the madras state electricity board under section 14 of the industrial employment ( .....

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Jul 01 1966 (HC)

L.Ct.L.P.L. Palaniappa Chettiar and anr. Vs. M.R. Krishnamurthy Chetty ...

Court : Chennai

Decided on : Jul-01-1966

Reported in : (1967)2MLJ1

..... '. to explain this, it is necessary to state that the lahore full bench case was one where a mofussil court at wazirabad in the state of punjab trying a suit, held that it had no jurisdiction to hear the suit and that the suit could only be instituted in madras. on that ground it ..... suit is a judgment within the meaning of clause 15 and is therefore appealable. in this case the bench lays particular emphasis that according to tuljaram row's case (1911) 21 m.l.t. 1 : i.l.r. (1912) mad. 1 , the order need not necessarily be in the suit, but may be an ..... 142):the cases which bear upon the competence of an appeal under clause 15 of the letters patent from a decision under section 5 of the limitation act admitting an appeal after the period of limitation prescribed require, in my opinion, to be separated from cases which proceed upon the footing that the decision ..... adequacy of the court-fee paid by the plaintiff the defendant may feel aggrieved, it is difficult to appreciate.that was a case where the high court acting under section 115, civil procedure code, interfered with the order passed by a subordinate court about the quantum of court-fee and remitted the matter for further enquiry. ..... way or the other, upon analogous situations. thus, in brojo gopal v. amar chandra : air1929cal214 , an order excusing delay under section 5 of the limitation act and permitting the filing of an appeal was held not to be a 'judgment'. an order allowing an application to restore a suit to file under order 9, .....

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