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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: punjab and haryana Year: 1960 Page 1 of about 34 results (0.062 seconds)

May 20 1960 (HC)

S. Arjan Singh S. Mehar Singh Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : May-20-1960

Reported in : AIR1960P& H554

..... notice of any kind. it is admitted that this order of the administrator terminating the petitioner's services was based on the order of the governor of the punjab under section 41 of the punjab municipal act, is this order which is assailed in the present proceedings and it is alleged that according to bye-law no. 112 of the business bye-laws ..... of ludhiana municipality framed under section 31(1)(b) of the punjab municipal act, 1911, punjab civil service rules had been made applicable to the ludhiana municipal servants, with the result that no confirmed municipal employee governed by those rules could be thrown out of his service without a regular inquiry into the ..... : (air 1955 punj 125), where it was expressly observed that no statutory obligation is imposed on the provincial government when it proceeds to demand the dismissal of a municipal officer under section 41, punjab municipal act. this authority, being direct and on identical facts, is clearly binding on this bench. besides, we are also in respectful agreement with the law laid down in ..... the order of termination of the petitioner's service. he has also mentioned shri. p. c. khanna and shri kishori lal, two other against under section 41 of the punjab municipal act, but from whom explanations were called before passing final orders.(2) on the foregoing grounds the petitioner claims that the order of the government is contrary to law, ultra vires .....

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Mar 18 1960 (HC)

The Municipal Corporation of Delhi Vs. Sohna Mal Inder Sen and ors.

Court : Punjab and Haryana

Decided on : Mar-18-1960

Reported in : AIR1960P& H497

..... previously existing one. a notification dated the 17th of april 1940 was published which reads:'in pursuance of the provisions of sub-section (10) of the section 62 of the punjab municipal act, 1911 (punjab act iii of 1911) as extended to the province of delhi it is hereby notified that with the previous sanction of the chief commissioner the ..... , 1916 a notification of which a copy is d. 2 was issued by the chief commissioner. it reads:'under the provisions of section 62 sub-section (7) of the punjab municipal act, iii of 1911 and with the previous sanction of the governor general in council, the chief commissioner, delhi, is pleased to declare that with effect from the 1st june, 1916 the following ..... as applied to delhi deals with the imposition of taxes by a municipal committee. sub-section (1) sets out a list of taxes which may be imposed. it does not include ..... rates of terminal tax on the articles mentioned in the schedule, hereto attached, shall be levied in the municipality of delhi in lieu of the existing octroi.'section 61 of the punjab municipal act .....

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Dec 06 1960 (HC)

Dr. Tilak Raj Chadha Vs. Chief Commissioner, Delhi and ors.

Court : Punjab and Haryana

Decided on : Dec-06-1960

Reported in : AIR1961P& H275

..... shop no. 103 and after some difficulty managed to get the same, and shifted in this shop in 1956. he made an application to the municipal committee in january, 1956, under section 121 of the punjab municipal act, 1911, as extended to delhi, for obtaining a licence to instal an oil-expeller (kohlu) in that shop. objections were raised by the market association, ..... which protested to the municipal committee by a telegram, and by other residents of the adjoining block, who submitted a written protest. in spite of that however ..... appellant's counsel was that the chief commissioner could not go beyond his jurisdiction to pass the impugned order under section 237 of the punjab municipal act. section 237 of the punjab municipal act runs as under:- 'notwithstanding anything in this act, the state government shall have the power of reversing or modifying any order of any officer of the state government passed or purporting ..... in that shop. 2. the appellant filed an appeal to the appellate authority, which happened to be the additional district magistrate shafiq hussain, under section 225 of the punjab municipal act against the grant of the licence. the appeal was accepted by the additional district magistrate on 21-6-1956 who cancelled the licence granted to hunda singh on the ground .....

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Aug 10 1960 (HC)

Waliati Ram Nathu Ram Vs. Municipal Committee, Rupar

Court : Punjab and Haryana

Decided on : Aug-10-1960

Reported in : AIR1960P& H669

..... notified in the official gazette under sub-section (10) of section 62 of the punjab municipal act, 1911, that with effect from the 1st day of april, 1949, the following tax has been imposed by the municipal committee of rupar:'a tax at the rate of * * * on every person carrying on a trade, profession, calling or employment in the area subject to the authority of ..... every person carrying on a trade, profession, calling or employment in the are subject to the authority of the committee * * *'.this notification has been issued under section 61 of the punjab municipal act. relevant part of section 61 is clause (b) of sub-section (1) and is in these terms:'61(1)(b) a tax on persons practising any profession or art or ..... 's are carrying on a profession or a calling. if the case of government or private servants did not fall within the ambit of these words, the amendment to the municipal act after the lahore high court decision in pala ram v. notified area committee, kot addu, ilr 4 lah. 256: (air 1924 lah 147) to get over the pronouncement that the ..... all three appeals is the same and these were argued together.(2) the authority to impose this type of tax is given to the municipal committees under sub-clause (b) of sub-section (1) of section 61 of the municipal act, which runs as follows:'a tax on persons practising any profession or art or carrying on any trade or calling in the .....

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May 13 1960 (HC)

Jit Singh Vs. the State

Court : Punjab and Haryana

Decided on : May-13-1960

Reported in : AIR1960P& H547; 1960CriLJ1375

order(1) this is an application for a certificate for fitness for appeal to the supreme court under article 134 of the constitution of india. except for the question of the admissibility of the notification issued under section 62(10)(b) of the punjab municipal act, the other contentions raised essentially relate to questions of fact which, as settled by the supreme court, cannot form a good ground for certificate under this article. in so far as the question of the notification is concerned, again it is well settled that the grant of a certificate under article 134(1)(c) of the constitution is not a matter of course, but this court has to exercise its power after considering as to what difficult questions of law or principle are involved which require further consideration by the supreme court.unless, therefore, there is a substantial question of law or of principle, this court will not be justified in granting a certificate under this article. a notification properly issued under the powers conferred on the municipal committee, in law, becomes almost, as if, it is a part of the statute itself, and therefore, generally speaking, it is always competent for a court to take judicial notice of the provisions contained in such notifications. the interests of justice, therefore, do not require the grant of a certificate on the facts of the present case.(2) this petition, therefore, fails and is hereby dismissed.(3) petition dismissed.

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Sep 12 1960 (HC)

Cantonment Board, Ambala Cantt. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Sep-12-1960

Reported in : AIR1961P& H416; [1961(2)FLR298]; (1961)ILLJ734P& H

..... commanding-in-chief of the command in which the cantonment is situated and the central government, in much the same manner as municipal bodies created under the punjab municipal act are controlled and supervised by the deputy commissioner, the commissioner and the punjab government.the terms of employment of employees of boards are also governed by the rules drawn up by the central government, ..... neither the one nor the other seems a sine qua non or necessary element in the modern conception of industry'. 'in specifying the purpose to which the municipal fund is applicable, section 108, bengal municipal act (15 of 1932) enumerates under 36 separate heads several things such as the construction and maintenance of streets, lighting, water supply, conservancy, maintenance of dairy ..... , and the nature, variety and range of disputes that occur between employer and employees, we are forced to the conclusion that the definitions in our act include also disputes that might arise between municipalities and their employees in branches of work that can be said to be analogous to the carrying out of a trade or business. it is unnecessary ..... which are :(1) that the dispute between a cantonment board and its record keeper cannot be regarded as an industrial dispute as defined in the industrial disputes act, 1947, and (2) that the punjab government is in any case not the appropriate government for the purposes of making a reference concerning a dispute, one party to which is a cantonment board. .....

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Dec 21 1960 (HC)

Sardarilal and ors. Vs. Shrimati Shakuntla Devi

Court : Punjab and Haryana

Decided on : Dec-21-1960

Reported in : AIR1961P& H378

..... his report said that the counsel for the defendants appellants did not contest the proposition that sections 54, 107 and 123 of the transfer of property act had been extended to the area falling within the municipality of lahore before the corporation of the city of lahore was cerated. on 26th of february, 1946, under notification no. 305 st, it notified that ..... gazette part i (a) -- dated the 19th of december, 1939, by way of corrigendum to the schedule appended to the previous punjab government notification as to the municipal limits of lahore, the schedule gives the names of the revenue estates and the corresponding had-bast numbers. this schedule mentions, among others, the revenue estate of model town, had- ..... any other manner.thus, title to the land cannot pass by mere admission when the statute requires the execution of ' a deed. in those parts of the punjab., where the provisions of this act are not in force, an oral sale is valid. as deed of sale was neither registered nor executed the question whether model town, where this property is situated ..... the governor of punjab was pleased to extend the provisions of these three sections to such areas included within the area now administered by the corporation of the city of lahore as were not included within the municipality of lahore of the 27th of april, 1935. (vide 1946 l. l. t .....

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May 24 1960 (HC)

Piara Singh and ors. Vs. the State

Court : Punjab and Haryana

Decided on : May-24-1960

Reported in : 1960CriLJ1371

..... madras high court in public prosecutor v. rajanga chetti, air 1954 mad. 285. in that case the meaning of word 'premises' as used in section 250 of the madras district municipalities act was under consideration. according to that section 'every person intending (a) * * * (b) to install in any premises any machinery * * * driven by steam water or other power * * * not being machinery * * * exempted ..... a building is a necessary criterion for the application of the term.(4) the learned counsel for the petitioners urged that in the present case also the act applies to the entire state of punjab, as it existed prior to the 1st of november, 1956, and that it would be giving too wide a meaning to the word 'premises', to include in ..... could be heard across the road near the police post, they were challenged for the contravention of section 3 of the punjab instruments (control of noises) act (hereinafter referred to as the act) and they were convicted under section 5 of the said act and sentenced to a fine of rs. 51/- each or in default, two weeks' simple imprisonment. the appeal filed by ..... january, 1958, vide a notification dated the 2nd of november, 1957, published by the punjab government on 11th of january, 1958, on which date the act was enforced 'in all the territories which immediately before 1-11-1956 were comprised in the state of punjab'. section 3 of the act runs as follows:'no person shall use or operate any instrument in or upon .....

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Sep 14 1960 (HC)

Bishan Singh S. Ladha Singh Vs. Central Government Through Secy. Minis ...

Court : Punjab and Haryana

Decided on : Sep-14-1960

Reported in : AIR1961P& H451

..... provisions of rule 87, that the respondents were fully competent to issue executive orders regarding the manner, terms and conditions on which the acquired evacuee urban agricultural lands in the punjab should be disposed of, and that the press notes and instructions issued by them were, consequently, legal.8. learned counsel for the petitioner has argued that both the press ..... by the central government announcing some concessions in addition to those already mentioned in the previous press note. it is in the following words :'evacuee urban agricultural land, in the punjab and in the erstwhile pepsu union had been given temporarily on lease to displaced persons who had left such lands in west pakistan. the leases were renewed from time to ..... the central government issued the following press note in which it was mentioned as to how these urban agricultural lands would be permanently transferred:'evacuee urban agricultural lands in the punjab and in the erstwhile pepsu union had been given temporarily on lease to displaced persons who had left such lands in west pakistan. the leases were renewed from time to ..... that in order to determine this question we have only to examine and interpret the relevant provisions of the act. before doing so, i may mention that urban agricultural land is that land which was included within the limits of a corporation, municipal committee, notified area committee town area, small town committee and cantonment. the general scheme of land resettlement did .....

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Jul 11 1960 (HC)

The Standard Drugs Co. Vs. the State of Punjab

Court : Punjab and Haryana

Decided on : Jul-11-1960

Reported in : [1961]12STC446(P& H)

..... subject to excise duty under the punjab excise act. with the passing of the constitution, medicinal or toilet preparations containing alcohol could only be taxed by the centre, as this item was transferred to the union list. nevertheless ..... but only that part of it which contains alcohol.5. before the coming into force of the constitution any article containing alcohol was liable to excise duty under the punjab excise act. section 3(6)(c) read--'any medicinal or toilet preparation containing alcohol.' therefore, before the 26th of january, 1950, the goods prepared by the assessee-company were ..... body for the purposes of the state, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the union list, continue to ..... , the punjab state continued to collect this duty by virtue of the powers conferred by article 277 of the constitution which reads :-any taxes, duties, cesses or fees which, immediately before the commencement of this constitution, were being lawfully levied by the government of any state or by any municipality or other local authority or .....

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