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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: himachal pradesh Page 1 of about 150 results (0.019 seconds)

Aug 07 1962 (HC)

Prithi Chand Vs. Lieutenant-governor

Court : Himachal Pradesh

Reported in : AIR1962HP59

..... in the following circumstances:2. theog was at first a notified area under the punjab municipal act, 1911, hereinafter to be referred as 'the municipal act', as applied to himachal pradesh. subsequently, it was declared to be a small town under the punjab small towns act, 1921, hereinafter to be referred as 'the s. t. act' as applied to himachal pradesh. in accordance with section 4 of the s ..... , referred to above, is attacked therefore fails.11. the second ground urged on behalf of the petitioner is also not tenable. the municipal act was passed in 1911 and the s. t. act in the year 1921. the former dealt with municipalities while the latter with the small town committees and the legislature in its wisdom may not have considered it proper to couch section ..... the party affected thereby.36. the case of harnam singh modi v. state of punjab, air 1960 punj 186 is distinguishable inasmuch as the order of removal of a municipal member which was impugned was held to have been made under section 16(1) (e) of the municipal act, a section which specifically provided for the affording of an opportunity of tendering an explanation ..... . t. act a small town committee of theog was established on 25-4-1953. the committee .....

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Jun 22 1961 (HC)

Siri Ram and anr. Vs. Niranjan Singh and ors.

Court : Himachal Pradesh

Reported in : AIR1962HP52

..... to seek election to the municipal committee nahan. disqualifications for membership have been set forth in rule 7 of the aforesaid rules ..... main question that arises for decision is as to whether under the municipal election rules 1957 framed by the lieutenant governor himachal pradesh in exercise of the powers vested in him under sections 242 and 258 of the punjab municipal act, 1911, as applied to himachal pradesh, respondent no. 1 was not qualified ..... on 21st of march 1956 when the life insurance (emergency provisions) act no. 9 of 1956 came into force. he was then a member of the municipal board chandausi. section 13(d)(f) of the u.p. municipalities act inter alia provided that a person shall be disqualified for being a member ..... to the control of the government of india or the government of the state should also be a disqualification for seeking election to the municipal committee nothing would have been easier than to have made a specific provision to that effect. it would thus appear that the mere fact ..... the petitioners and respondent no. 1 to both the petitions (hereinafter to be styled as respondent no. 1) were candidates for election to the municipal committee, nahan. they filed their nomination papers. an objection was raised at the instance of the petitioners that respondent no. 1 was not qualified .....

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Jan 01 2002 (HC)

Jagannath and ors. Vs. the Kullu Municipal Committee and ors.

Court : Himachal Pradesh

Reported in : AIR2003HP5

..... have no doubt that defendant no. 1 did not have either adequate fire fighting equipment or man power to carry out its duty required by the provisions of punjab municipal act, 1911, as well as himachal pradesh municipal act. 1968 referred to herein above.50. mere non-availability of funds cannot be set up as a ground by any of the defendants, and particularly defendant no ..... may notice that the area of kullu town merged in the state of himachal pradesh on coming into force of punjab re-organisation act with effect from 1-10-1966. at that time punjab municipal act, 1911 was admittedly applicable in this town. chapter vi of this act deals with extinction and prevention of fire. relevant provisions are extracted herein below :'93. establishment and maintenance of fire ..... statement is accepted then further question that needs to be seen is as to what is the effect of word 'may' in section 90 of the h.p. municipal act, 1968 and in provisions of punjab municipal act (supra) dependent upon the nature of duty, it is not always that word 'may' used in a statute shall always be treated as directory as it is ..... of it first and foremost question that needs to be seen is on the basis of the provisions of sections 93, 94 and 95 of the punjab municipal act and sections 90, 91 and 92 of himachal pradesh municipal act, 1968. according to learned counsel for defendant no. 1 it was not at all incumbent upon his clients to maintain the fire brigade as it .....

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Mar 31 1958 (HC)

Romesh Chandra Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Reported in : AIR1959HP17

..... of the public, admission being regulated by tickets. on 19-7-1956, by means of a notification, purporting to be one under section 62(6a) of the punjab municipal act, 1911, as applied to himachal pradesh, the municipal committee of mandi, with the previous sanction of the lieutenant-governor, himachal pradesh, imposed a show tax of rs. 2/-per show on the petitioner with effect ..... provisions of article 239, they do not cease to be states and become merged with the central government.' learned counsel for the respondent no. 2 (municipal committee of mandi) pointed out that, when the provisions of the punjab municipal act, 1911, were applied to himachal pradesh on 25-12-1948, vide government of india, ministry of states notification no. 386, ib of the same date ..... , with the previous sanction of the state government, could impose any other tax, which the state legislature had power to impose under the government of india act 1935 (vide s. 61(2), punjab municipal act in the former part c state of himachal pradesh, financial bills, involving the imposition of any tax could not be introduced, except on the recommendation of the chief commissioner ..... bye-law, with such modifications, not affecting the substance, as may be necessary or proper in the circumstances.' accordingly, he submitted that in construing the provisions of section 61(2), municipal act the peculiar position of the himachal pradesh as a part c state should not be lost sight of. in other words, i was requested to hold that the .....

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Aug 14 1961 (HC)

Parmatma Ram and ors. Vs. Siri Chand and ors.

Court : Himachal Pradesh

Reported in : AIR1962HP19

..... . the grounds on which the aforesaid prayers are based are (a) that in the rules framed by the lieutenant-governor in exercise of his powers under sections 240 and 258, punjab municipal act, 1911, as applied to himachal pradesh, there is no provision for the preferment of objections to the electoral rolls or for their disposal; (b) that the electoral rolls on the basis ..... person is included in the electoral rolls for the parliament in relation to the constituency concerned, vide rule 6. rule 9 provides that the roll of each constituency of a municipal committee shall be the finally published electoral roll for the parliamentary election to thesaid constituency operative at the time when the deputy commissioner frames election programme under rule 3 unless ..... 1961, that application was rejected. 5. the respondents to the petition are the successful candidates from wards nos. 2 to 5, shri prakash chand, treasury officer kasumpti, returning officer for municipal election of solan held in1958, the deputy commissioner mahasu district at kasumpti and the union of india. 6. the petition has been resisted by respondents nos. 3 to 8. respondents ..... was authenticated and published by the chief commissioner was not in conformity with the provisions of section 30(2) of the ajmer merwara municipalities regulation no. 6 of 1925 as amended by act 65 of 1950. the aforesaid ruling was considered in the full bench case reported in (1961) 63 pun. lr 485 : (air 1961 punj 429) supra and the following .....

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Sep 18 2001 (HC)

Jagarnath and ors. Vs. Kullu Municipal Committee and ors.

Court : Himachal Pradesh

Reported in : II(2002)ACC220

..... have no doubt that defendant no. 1 did not have either adequate fire fighting equipment or man-power to carry out its duty required by the provisions of punjab municipal act, 1911, as well as himachal pradesh municipal act, 1968 referred to hereinabove.50. mere non-availability of funds cannot be set up as a ground by any of the defendants, and particularly defendant no. 1 ..... may notice that the area of kullu town merged in the state of himachal pradesh on coming into force of punjab re-organisation act with effect from 1.10.1966. at that time punjab municipal act, 1911 was admittedly applicable in this town. chapter vi of this act deals with extinction and prevention of fire. relevant provisions are extracted herein below:93. establishment and maintenance of fire ..... statement is accepted then further question that needs to be seen is as to what is the effect of word 'may' in section 90 of the h.p. municipal act, 1968 and in provisions of punjab municipal act (supra) dependent upon the nature of duty, it is not always that word 'may' used in a statute shall always be treated as directory as it is ..... of it first and foremost question that needs to be seen is on the basis of the provisions of sections 93, 94 and 95 of the punjab municipal act and sections 90, 91 and 92 of himachal pradesh municipal act, 1968. according to learned counsel for defendant no. 1 it was not at all incumbent upon his clients to maintain the fire brigade as it .....

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Oct 28 1978 (HC)

Som Krishan and ors. Vs. the State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1979HP35

..... , by notification, include any area in, or exclude any area from the sabha area.(3) if the whole of the sabha area is included in a municipality, cantonment, notified area under section 241 of the punjab municipal act, 1911, as applicable to himachal pradesh, or small town committee, the sabha shall cease to exist and its assets and liabilities shall be disposed of in the ..... and not more than five thousand to constitute one or more sabha areas:provided that neither the whole nor any part of a cantonment, municipality of any class, or a notified area under section 241 of the punjab municipal act, 1911, as in force in himachal pradesh, or a small town committee shall be included in a sabha area:provided further that the government may ..... manner prescribed.' it was pointed out that by virtue of sub-section (2) of section 4 quoted above, the government is empowered by the legislature to act arbitrarily to include and ..... -8-1978 : (air 1979 punj & har 46). the court in that case considered the vires of section 10 of the punjab municipal act which empowers the state government to withdraw by a notification from the operation of the act any area of any municipality constituted thereunder. we were taken through the reasoning given in that decision, and we find that the decision is based on .....

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Aug 03 1984 (HC)

Om Prakash Sood and anr. Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : AIR1985HP53

..... to be the municipality of shimla. by a notification dt. may 16, 1966, which was published in the ..... punjab government gazette (extraordinary) dt. may 17, 1966, the governor of punjab superseded the municipal committee with immediate effect in exercise of ..... (hereinafter to be referred to as 'the municipal committee') from 1960 to 1966.2. the local-self government in the town of shimla has passed through several vicissitudes. the last general election to the municipal committee was held sometime in 1960 under the provisions of the punjab municipal act, 1911 (hereinafter to be referred to as the 'punjab act') which was thin applicable to the local area declared .....

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Oct 17 1984 (HC)

Madan Lal Punga Vs. State of H.P. and anr.

Court : Himachal Pradesh

Reported in : AIR1985HP64

..... property of the committee;'7 . in panna lal v. secretary to government haryana local government department (1968) 70 pun lr 244, section 16(1)(e) of the punjab municipal act, 1911 (hereinafter referred to as the punjab act), which is in pari materia, fell for consideration before tek chand, j. the learned judge, while construing the words 'flagrantly abused his position as a member of the ..... disregard of his duty as would shock a reasonable mind. see section joginder singh v. the state of punjab (1963) 65 pun lr 267 : (air 1963 punj 280) (fb).there is ample authority in support of the proposition that every contravention of the municipal act or the rules framed there under by a member does not amount to abuse of his position by ..... such member.'9 . in kartar chand v. state of punjab (1970) 72 pun lr 683, h. r. sodhi, j. made the following pertinent observations while interpreting ..... thereupon issued to the petitioner to show cause why he should not be removed from the membership of the municipal committee and disqualified from contesting elections under the provisions of section 15 of the himachal pradesh municipal act. 1968 thereinafter referred to as the act). the show cause notice mentioned that by verification of wrong facts contained in the application of miss padma vati .....

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Aug 30 1958 (HC)

K.G. Khanna Vs. Prakash Chand and ors.

Court : Himachal Pradesh

Reported in : AIR1959HP20

..... , petitioner, on 18-8-1958, wherein it was stated that the writ petition was the only remedy open to him. another point taken was that the rules framed under the punjab municipal act, as applied to himachal pradesh, do not provide for the publication of the electoral roll and for inviting objections thereto. in view of the amended written-statement filed by respondents ..... time. this has hardly any application to the facts of the present case. 27. in the end, i may point out that under section 12 of the punjab municipal act (which applies to himachal pradesh) a municipal committee shall consist of members appointed by the government, either by name or by office, or of members elected from among the inhabitants in accordance with rules ..... , because even if the area in dispute did not retain the character of a military cantonment, still admittedly, it was not included in the municipal area of solan, as contemplated in sections 4 and 5 of the punjab municipal act, as applied to himachal pradesh. 18. the aimer case, referred to above, is applicable to the facts of the present case on all fours ..... cantonment.' according to the petitioner, the above persons were not entitled to vote in the municipal ejections, because they were not residents of the municipal area, i.e. since a military cantonment could not be included in the area of any municipality, vide the proviso to section 4, punjab municipal act, as applied to himachal praclesh. 2. along with this writ petition, there was a petition .....

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