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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: gujarat Year: 1961 Page 1 of about 4 results (0.016 seconds)

Dec 07 1961 (HC)

Kamalkhanji Jiwankhanji Vs. Expenditure Tax Officer, Ward C, Income-ta ...

Court : Gujarat

Decided on : Dec-07-1961

Reported in : AIR1963Guj98; (1962)GLR479

..... of the covenant and which have been guaranteed by the government of india arise by virtue of an act of state and that the obligations in connection therewith are not enforceable in the municipal courts of the land. reliance was placed in this connection upon a decision reported in air 1958 ..... a covenant with the government of india for the merger of the territories of that ruler into one stat, called the patiala and east punjab states union and by the covenant all duties and obligations of the ruler appertaining or incidental to the government of the covenanting state were to ..... matter between independent sovereigns and any dispute arising therefrom must 'be settled 'by recourse not to municipal law of either states but to diplomatic action, and that failing, to force. that is an act of state pure and simple, and that is its character until the process of acquisition is completed ..... officers to show that their action which is under challenge is within the authority conferred on them by law. altogether different considerations arise when the act of the sovereign has reference not to the rights of his subjects but to acquisition of territories belonging to another sovereign. that is a ..... order not to subject the expenses incurred by the petitioner out of privy purse amount received by him to the expenditure tax under the expenditure-tax act, 1957.4. the learned advocate general, who appears for the respondents, has raised a preliminary objection to the maintainability of the petition. he .....

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Dec 07 1961 (HC)

Malek Shri Kamalkhanji Jiwankhanji Vs. Expenditure Tax Officer and anr ...

Court : Gujarat

Decided on : Dec-07-1961

Reported in : (1962)3GLR479

..... 10 of the covenant and which have been guaranteed by the government of india arise by virtue of an act of state and that the obligations in connection therewith are not enforceable in the municipal courts of the land. reliance was placed in this connection upon a decision reported in : [1958]34itr514 ..... into a covenant with the government of india for the merger of the territories of that ruler into one state called the patiala and east punjab states union and by the covenant all duties and obligations of the ruler appertaining or incidental to the government of the covenanting state were ..... matter between independent sovereigns and any dispute arising therefrom must be settled by recourse not to municipal law of either states but to diplomatic action and that failing to force. that is an act of state pure and simple and that is its character until the process of acquisition is completed ..... to show that their action which is under challenge is within the authority conferred on them by law. altogether different considerations arise when the act of the sovereign has reference not to the rights of his subjects but to acquisition of territories belonging to another sovereign. that is a ..... not to subject the expenses incurred by the petitioner out of privy purse amount received by him to the expenditure tax under the expenditure-tax act 1957.3. the learned advocate general who appears for the respondents has raised a preliminary objection to the maintainability of the petition. he contends .....

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Jan 24 1961 (HC)

Vora Fidaali BadruddIn Mithibarwala Vs. the State of Bombay (Now Gujar ...

Court : Gujarat

Decided on : Jan-24-1961

Reported in : AIR1961Guj151; (1961)2GLR343

..... the subject seeks to establish and enforce, for otherwise the violation of the existing rights would be invested with the character of an act of state and the municipal courts would have no jurisdiction to entertain any complaint in respect of the violation of the existing rights. it is indisputable that this ..... the dominion of india by executing instruments of accession before they entered into the covenant for the merger of their territories into the patiala and east punjab states union. these two decisions of the supreme court establish firmly that by acceding to the dominion of india by executing instruments of accession, the ..... punjab states union. the question that arose for decision was whether the covenant was an act of state and dealing with that question, venkatarama aiyar j., emphatically stated in no uncertain terms:'the question ..... rulers of other states. the ruler of the jind state along with the rulers of seven other indian states in east punjab thereafter entered into a covenant on 5th may 1948 for the merger of their territories into one state called the patiala and east ..... jind entered into a covenant for the merger of their territories into one state called the patiala and east punjab states union. for brevity, we shall refer to the patiala and east punjab states union as the patiala union. article vi(b) of the covenant provided that all duties and obligations of .....

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Oct 31 1961 (HC)

State of Gujarat Vs. Gordhandas Keshavji Gandhi and ors.

Court : Gujarat

Decided on : Oct-31-1961

Reported in : AIR1962Guj128; (1962)0GLR269

..... the two high courts are courts of co-ordinate jurisdiction. the question was raised, for the first time before the division bench in the case of anand municipality v. union of india and others and, as has been stated by the learned chief justice s. t. desai in : air1960guj40 , both he and ..... application, on the other hand, we say that parliament has enacted or repealed a law; we speak of the by-laws of a railway company or municipality; we hear of the corn laws or the navigation laws. in the abstract sense we speak of law, or of the law; in the concrete sense ..... first time, before a division bench of this high court consisting of the learned the then chief justice s. t. desai and myself in the anand municipality v. union of india, special civil application no. 119 of 1960. at that time, our attention was drawn to a full bench decision of the ..... this high court. this very matter was considered by a full bench of three judges of this court including the then chief justice in the case of anand municipality v. union of india, reported in : air1960guj40 . later on, a division bench of this court consisting of mr. justice raju and mr. justice bakshi ..... punjab states union. the political map of india was thus redrawn and the boundaries of some of the existing states were altered while other states were abolished and new states were brought into being. to provide for the continued territorial extent and application of laws in this set up, section 119 was enacted in, the states reorganisation act .....

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