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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: guwahati Page 1 of about 119 results (0.024 seconds)

Aug 05 2010 (HC)

Sri Naba Kumar BorgohaIn Vs. the State of Assam.

Court : guwahati

..... notice leveled three charges against him. the principal secretary, department of local government, state of punjab after hearing the incumbent passed order removing the appellant from the president ship of the municipality council of rajapura. as against the aforesaid order, while interpreting section 22 of the punjab municipal act, 1911, the hon'ble supreme court explained the meaning of the words 'abuse of powers' ..... appearing in section 22 of the act. therefore, i am of the considered view that the above decision ..... the municipal council and also why he would not be restrained from contesting elections of the ..... as president of the said municipality. here he had held the office for four months when he was served with a notice issued by the principal secretary, department of local government, state of punjab, requiring him to show cause as to why he would not be removed from the post of the president of the municipality and the membership(sic) of .....

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Sep 26 2006 (HC)

District Administration Vs. Commissioner of Inquiry and ors.

Court : Guwahati

..... which he requires to meet.29. the apex court in food corporation of india (supra) while considering the provision of section 67 of punjab municipal act, 1911 has held that as the said provision requires to specify the circumstances in and the grounds on which amendment of the assessment list is proposed ..... sharma (supra) the apex court while dealing with the provision of section 22, more particularly, second proviso thereto of punjab municipal act, 1911, regarding power of removal of the president of municipal council, has held that the show cause notice requires to be issued before removing the president must contain the reason for ..... heard, in the inquiry and to produce evidence in defence. the said provision along with sections 8a and 8c are incorporated in the act by act 79 of 1971, with the object of giving every such person the reasonable opportunity of being heard in the inquiry and to produce ..... j. bazeley)chief secretary to the govt. of meghalaya 3.1.20062. the commission in exercise of the power conferred by section 8 of the act framed the regulation of procedure, namely 'justice d.n. chowdhury commission of inquiry (regulations of procedure) order 2006', (hereinafter referred to as the ..... the proposed removal, as required under second proviso to section 22, as the person proceeded against under section 22 of the act has to .....

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Dec 27 2000 (HC)

Chartered Accountants Association Vs. Union of India

Court : Guwahati

..... words in the entry must be construed in their widest amplitude. the said entry is broad based and comprehensive.in this case, what was challenged was the notification of the punjab government under the punjab municipal act levying tax on every person .carrying on a trade, profession, calling or employment in the area subject to the authority of the ..... municipal committee. in pursuance of the notification, certain sums of money were recovered from three plaintiffs-employees of a private limited company. the plaintiffs filed suits for the refund of the ..... had the power to make law with respect to "taxes on luxuries, including taxes on entertainments, amusements, betting and gambling". the relevant provisions of the cantonments act and the bombay municipal boroughs act empowered the cantonment board/municipal borough to levy tax on the licensee of a cinema theatre on each show of the film exhibited by him. the levy was challenged on the ..... quite different, the observations made in the context of applicability or otherwise of shops and establishments act cannot be permitted to carry too far.7.4 reliance is also placed on the decision of the punjab high court in waliati ram nathu ram v. municipal committee air 1960 punjab 669, wherein it was held that the items in the legislative list have to be .....

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Feb 03 1982 (HC)

Deputy Secretary to the Govt. of Assam, Panchayat and Community Dev. D ...

Court : Guwahati

..... factors and no stigma is attached to the members of a body or committee. their lordships have held that section 238 of the punjab municipal act requires prior notice and hearing because the supersession involved imputation and stigmatisation of the members of the committee. the third feature is that ..... made to show that the legislation expressly required notice and hearing under section 16 of the act but it excluded such a right when the municipal committee was superseded under section 238 of the punjab municipal act. their lordships have considered the provision of section 16 along with section 238 and concluded ..... because 'it may lead to confusion and chaos in the affairs of the municipality'. to avoid chaos and confusion the order was not quashed nor was the committee reinstated. further, section 238 of the punjab act was not a provision for taking prompt action in an urgent and extraordinary circumstance ..... the principles of natural justice, the courts should do so because it must be presumed that the legislatures and the statutory authorities intend to act in accordance with the principles of natural justice. but, if on the other hand, a statutory provision either specifically or by necessary ..... to uphold the public interest as we have in section 136 of 'the act'. in swadeshi cotton mills (air 1981 sc 818) it was .....

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Mar 25 2014 (HC)

Rajesh Prasad Gupta, Assam Vs. The State of Assam, Represented by the ...

Court : Guwahati

..... for speedy action to meet emergent situations may well be construed as excluding the principle audi alteram partem. all that we say is that sec. 238(1) of the punjab municipal act does not. 18. what the petitioner has not disclosed in the writ petition filed on 06/12/2013 is vital fact of registration of a police case against him ..... calamitous situations gloomily foreboded by the learned attorney general where there would not be enough breathing time to observe natural justice, at least in a rudimentary way. a municipal committee under the punjab municipal act is a public body consisting of both officials andnon-officials and one cannot imagine anything momentous being done in a matter of minutes and seconds. and, natural ..... justice may always be tailored to the situation. minimal natural justice, the barest notice and the `littlest' opportunity, in the shortest time, may serve. the authority acting under sec. 238 ..... governor of assam is pleased to remove sri rajesh prasad gupta, chairman, lakhipur town committee from the post of chairman, lakhipur town committee as per section 28 of the assam municipal act, 1956. the deputy commissioner, goalpara is asked to give charge of executive officer to circle officer, lakhipur circle (goalpara). this order will come into force with immediate effect. .....

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Jan 21 1953 (HC)

Mahboob Khan Vs. Deputy Commissioner and ors.

Court : Guwahati

..... and acted upon and that the circumstances were not such as would allow the committee to proceed summarily under section 172 and the notice under section 172 ..... platform in front of his house and it was sanctioned by a resolution dated 20-7-1931 and a platform was accordingly raised. but in december 1933, the deputy commissioner acting under section 232, punjab municipal act, suspended the resolution of 20-7-31 and on 22-12-1933 the committee served the appellant with a notice under section 172 of the ..... consideration as to the effectiveness of the order of the deputy commissioner under section 232, punjab municipal act (which seems to be almost similar with the wordings of section 291, assam municipal act) and it was held that the deputy commissioner or the commissioner could prohibit the doing of an act if it has not been already done or carried out, purporting to work under that ..... act to demolish the platform. the appellant instituted a suit for an injunction to restrain the committee from demolishing the platform. it was held by the high court that the suspension of the resolution by the deputy commissioner under section 232 of the punjab municipal act could not affect the validity of the sanction granted .....

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Sep 18 1980 (HC)

Nongpok Sekmai Collective Farming Co-operative Society Ltd. and ors. V ...

Court : Guwahati

..... can only have reference to courts over which the high court has ajudicial and not a purely administrative power and the district magistrate while deciding an appeal under section 318, municipalities act was not a court subordinate to the high court and as such application for revision under section 115, c.p.c. against an order passed by him under section 318 ..... of section 115, c.p.c. and section 44, punjab courts act, and referring to section 3, c.p.c. held that it cannot be taken to mean that the courts established under any other enactment for the time being in force ..... civil court, the decision of such a body in respect of such orders may be subject to revision under section 115, c.p.c.27. a full bench of the punjab high court in sultan ali nanghiana v. nur hussain, air 1949 lah 131, examined the question whether the election commissioners are courts subordinate to the high court within the meaning ..... . triloki nath bhasin, air 1961 punj 154, dua, j. held that the authority under the payment of wages act not being a court subordinate to the high court, section 115 of the code of civil procedure or section 44 of the punjab courts act cannot apply. in reddi china paidayya v. rudrabhatla muralidhar, air 1961 andh pra 498, a single bench held that .....

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Aug 20 1999 (HC)

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... , wherein the supreme court upheld the summary procedure for eviction from premises. there the legality of the proceedings initiated under the bombay municipal corporation act and bombay government premises (eviction) act, 1955, was challenged as being violative of article 14 of constitution. that was answered in the negative. it was further pointed out ..... as possible. 176. this disposes of the writ application. civil rule no. 401 of 1998.--this matter arises out of a suit filed by the punjab national bank being title suit no. 19 of 1990 before the civil judge, senior division, dibrugarh, for recovery of an amount of rs. 60 ..... and the tribunal has no jurisdiction to execute those decrees through the recovery officer by adopting the certificate procedure. 85. in the case of the punjab and haryana high court in kundan rice and general mills v. union of india [1998] 92 comp cas 895 it has been held that ..... contemplated within the constitutional scheme becomes evident when one analyses clause (3) of article 32 of the constitution.' 29. on the other hand the punjab and haryana high court in kundan rice mill's case [1998] 92 comp cas 895 has held articles 323a and 323b were necessiated by the ..... have lost all importance after l. chandra kumar v. union of india : [1997]228itr725(sc) . therefore, with great respect the judgment of the punjab and haryana high court has got no relevance in deciding the validity, so far it relates to the legislative competence of parliament. apart from that, the .....

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Sep 12 2008 (HC)

Assam Roller Flour Mills Association and ors. Vs. State of Assam and o ...

Court : Guwahati

..... and 'shalimar mustard oil' and spices under the brand name 'shalimar chef spices'. it is a registered dealer under the assam value added tax act, 2003 and holds a valid trade licence from the guwahati municipal corporation, guwahati. it manufactures coconut oil either in its own factory or through its technical collaborators or franchisee manufacturers and the product is factory packed ..... of the apex court in kewal krishan puri (supra), was in seisin of the challenge to the validity of certain provisions of the punjab agricultural produce markets act, 1961, and the rules framed by the state of punjab and haryana thereunder as well as the validity of the fixation of market fees from time to time. while dwelling on the characteristic ..... without complying with the prescriptions of the legislation ought to be entertained. the following decisions were cited by the learned advocate general kewal krishan puri and anr. v. state of punjab and anr. : [1979]3scr1217 , bhagwan das sood v. state of h.p. and ors. : air1997sc1549 , agriculture market committee v. shalimar chemical works ltd. : air1997sc2502 , s.d. soni v. ..... by manufacturing those in their respective units. the wheat for manufacturing the aforesaid products, is purchased by the members of the association from several states in north india namely, punjab, haryana and uttar pradesh. the products purchased are made by paying market cess to the market committees of the respective places and thereafter the goods are dispatched to assam .....

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Aug 02 2001 (TRI)

Mrs. Poonam Tiwari Vs. Kendriya Vidyalaya Sangathan

Court : Central Administrative Tribunal CAT Guwahati

..... and felt that there will be no deemed confirmation in such cases and the probation period will be deemed to be extended (reference: samsher singh v. state of punjab, air 1974 sc 2192; municipal corporation, raipur v. ashok kumar misra,in wasim beg v. state of uttar pradesh, air 1998 sc 1291 = 1998(2) slj 80 (sc), the supreme court took into ..... .1987.therefore, the. applicant could not have been treated as a probationer as claimed by the respondents. mr. chanda, however, submitted that confirmation cannot be automatic. it requires some positive act on the part of the respondents. whether an employee can be treated as automatically confirmed to a post or it requires an overt ..... act will all depend on the service rules. where the rules provide for a maximum period of probation beyond which the probation cannot be extended, the supreme court has held that ..... 1. this application under section 19 of the administrative tribunals act, 1985 has arisen and is directed against the order dated 15.12.187 terminating the services of the applicant as primary teacher, kendriya vidyalaya sangathan, crpf, amerigog. the basic facts .....

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