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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: punjab and haryana Year: 1961 Page 1 of about 20 results (0.045 seconds)

Jan 12 1961 (HC)

Ajudhia Nath Dowarka Nath Vs. Amar Nath Gupta and ors.

Court : Punjab and Haryana

Decided on : Jan-12-1961

Reported in : AIR1961P& H352

..... of this section shall be binding on thecommittee'.admittedly, the contract of sale did not conform to the requirements of sub-section (2) of section 47 of the punjab municipal act. it was proposed bysome municipal commissioners in a resolution, of 16th of october 1954 to file a civil suit against the first defendant to recover the land because the sale-deed had not ..... were sold and some houses have been built upon these plots.5. at this stage, it may be pointed out that under sub-section (2) of section 47 of the punjab municipal act,'every transfer of immovable property belonging to any committee must be made by an instrument in writing, executed by the president or vice-president, and by at least two other ..... held in trust for public purposes or for purposes of the act.' all properties vesting in the municipality under section 56 of the punjab municipal act are charged with a public trust of which 'the inhabitants are the beneficiaries'. reference may also be made to the rule laid down by a ..... to be tried'. being rate-payers, the plaintiffs have a peculiar and special interest in the properties of the municipal committee and are vitally concerned with the illegal or ultra vires acts of the municipal committee.9. hari chand, in his commentary on the punjab municipal act (1934 edition), at page 278, goes so far as to say that 'all property acquiredor held by committee is .....

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Sep 11 1961 (HC)

Haji Ismail Haji Mohd. Ramzan Vs. Municipal Committee, Malerkotla and ...

Court : Punjab and Haryana

Decided on : Sep-11-1961

Reported in : AIR1962P& H364

..... confining the sale of certain commodities or articles to particular localities only. the learned counsel for the committee has not been able to point to any particular provisions in the punjab municipal act which may be relevant for the purposes of saying whether the impugned bye-laws can be saved under the general provision embodied in clause (v) of section 188. my attention ..... ) of section 197. bhide j. while delivering the judgment of the bench in mula mal's case, air 1929 lah 607 referred to clause (d) of section 197 of the punjab municipal act, as it stood before the amendment in 1923, which was:'the committee may by bye-law, fix the places in which any specified article of food or drink may be ..... they limit the premises where fruit and vegetables could be sold, wholesale or by auction, to sabzimandi or to any other place specially demarcated by the municipal committee are ultra vires the provisions of the punjab municipal act.(6) it is next contended that the impugned bye-laws have the effect of creating a monopoly in favour of the four lessees to whom the ..... petitioner has assailed the validity of the bye-laws, firstly, on the ground that they are ultra vires the provisions of the punjab municipal act. in this connection reference has been made to sections 197(a) and 188(e)(ii) of the punjab municipal act. section 197(a) is to the effect that the committee may, and shall if so required by the state government, by .....

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Aug 09 1961 (HC)

Sadhu Singh S. Mulla Singh Vs. District Board, Gurdaspur and anr.

Court : Punjab and Haryana

Decided on : Aug-09-1961

Reported in : AIR1962P& H204

..... or not, including any land, godowns, out-houses, or furniture let therewith, but does not include a room in a hotel, hostel or boarding-house;'in the punjab municipal act, section 3(2) defines building in these terms:' 'building' means any shop, house, hut, outhouse, shed or stable, whether used for the purpose of human ..... also to be found in section 2(j)--the definition of the 'urban area'--for the government could, by reducing the limits of a municipal committee under the municipal act or by increasing its limits, or by notifying an area as an urban area or by with drawing that notification, bring about an exemption as ..... of 1928) and with a notification issued by the governor of bihar picking out section 104 out of the bihar and orissa municipal act of 1922 modifying it and extending it in its modified from to the patna administration and patna village areas. bose, j., after ..... constructed on such land, or shall cause or suffer such land to be diverted permanently from its existing use, without the consent of the punjab government.' no act on the part of the district board has been proved which has made the lessee to alter his position on the basis of any representation ..... it is legislation that the question that it is delegated legislation will arise. before examining this question, it may be mentioned that the east punjab urban rent restriction act is an exception to the general law of the landlord and tenant. whenever the power of exemption under section 3 is exercised the building .....

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Aug 31 1961 (HC)

Municipal Committee, Sirsa Vs. Kirpa Ram Shadi Ram

Court : Punjab and Haryana

Decided on : Aug-31-1961

Reported in : AIR1962P& H203

..... hissar, for setting aside an order of acquittal of the respondent by a magistrate first class at a summary trial.(2) the municipal committee, amritsar, filed a complaint against the respondent, complaining of an offence under section 219 of the punjab municipal act. the case was tried by shri r.s. pathania, magistrate first class sirsa, in exercise of summary jurisdiction that vested in ..... 414 thereunder lays down:'notwithstanding anything here in before contained, there shall be no appeal by a convicted person in any case tried summarily in which a magistrate empowered to act under section 260 passes a sentence of fine not exceeding two hundred rupees only.'(7) in other words, the law provides that where at a summary trial an accused person .....

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Apr 07 1961 (HC)

Dev Prakash Balmukand Vs. Babu Ram Rewti Mal and ors.

Court : Punjab and Haryana

Decided on : Apr-07-1961

Reported in : AIR1961P& H429

..... case should be settled on merits that much of the doubt arising out of conflicting decisions may be removed.3. prior to 13th august, 1959, the rules framed under the punjab municipal act required that election to a municipal committee should be held on the basis of the electoral roll prepared for the election to the ..... objections to it invited in accordance with the new rules. before the amendment, r. 8 was in these words:-'the roll of each constituency of a municipality shall be the electoral roll for the punjab legislative assembly in relation to the said constituency operative on the date fixed by the deputy commissioner for the submission of nomination papers under rule 10.'the ..... have said, the rule was actually amended on the 13th august, 1959, by adding a proviso that government may, if so inclined, direct that the punjab legislative assembly roll shall not be used for the municipal election and a fresh roll in accordance with rules 8-a to 8-k, which were added on the same day, shall be prepared. the actual ..... punjab legislative assembly and the relevant part of the punjab legislative assembly roll was under the relevant rule the roll for the municipal election. sometime in the beginning of august, 1959, however, punjab government decided to amend the rule although the amendment was actually made on the 13th .....

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Dec 19 1961 (HC)

Bal Kishan Bansi Ram and anr. Vs. Gopi Chand and anr.

Court : Punjab and Haryana

Decided on : Dec-19-1961

Reported in : AIR1963P& H163

..... and waheed hasan khan v. state of hyderabad, air 1954 hyd 204 (fb), do not contain anything helpful to the interpretation of the further proviso to section 6 of the punjab act no. 18 of 1958 on which mr. dalip chand gupta relied.9. accordingly, reversing the judgments ofthe courts below, i am of the view that the application by the tenants ..... twelve months preceding the first day of baisakh 2004 bk. and also the rental value of such building or rented land if entered in property tax assessment register of the municipal, small town or notified area committee, relating to the aforesaid period. this period would correspond to the year 1946-47. by his order dated the 15th march, 1954, the controller ..... the premises in suit at rs. 343.75 np. per annum, was confirmed.2. an application by the tenants was made under section 4 of the act. the land in suit was situated within the municipal limits of sangrur. in the year 1952-53 the contractual rent was rs. 900/- per annum. the tenants moved the rent controller, sangrur, under the provisions ..... of the patiala and east punjab states union urban rent restriction ordinance, 2006 bk. (ordinance no. viii of 2006 bk.) (hereinafter to be referred to as the ordinance .....

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Nov 13 1961 (HC)

Union of India Vs. Jasso and ors.

Court : Punjab and Haryana

Decided on : Nov-13-1961

Reported in : AIR1962P& H315

..... , ilr 5 mad 273, it was even held by sir charles a. turner, c. j. and muttusami ayyar, j. that where an act complained of is professedly done under the sanction of municipal law, and in the exercise of powers conferred by that law, the fact that it is done by the sovereign power and is not an ..... carried out in exercise of the sovereign powers of the state.(7) a more or less similar question arose recently in this court, rup ram v. punjab state 63 pun ilr 231: (air 1961 punj 336)(fb), in respect of an accident involving a motor vehicle owned by the public works department of the ..... punjab which was being driven for the purpose of the department as the result of which a suit was brought by the injured plaintiff. the suit was decreed ..... in the course of exercise of what are usually called sovereign powers of the state and (ii) can the punjab state be held liable for damages for the tortious act in question. the leading judgment with which my lord the chief justice and harbans singh, j. agreed was delivered by dulat, j. who after discussing ..... against durga das, the driver of the vehicle who was impleaded as a defendant, but dismissed as against the state of punjab. in the resultant appeal by the plaintiff two questions were referred to a full bench (i) does the tortious act of defendant no. 2 (durga das driver) in the present case fall within the category of .....

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Nov 16 1961 (HC)

Sardarni Ram Khetri W/O. S. Sahib Singh and ors. Vs. Hind Iran Bank Lt ...

Court : Punjab and Haryana

Decided on : Nov-16-1961

Reported in : AIR1962P& H526; [1962]32CompCas470(P& H)

..... 1931 lah 668, ram sarup v. ram chander air 1949 ep 29; mohesh lal v. busunt kumaree, ilr 6 cal 340; surat borough municipality v. sarifa karunnissa, air 1939 bom 494 and nithoor thimmanna bhat v. aithappa adyanthaya air 1940 mad 908. the same view has been taken by tek chand ..... of adjective law and that they operate only to bar the remedy but not to extinguish the right'; mela ram and sons v. commissioner of income-tax, punjab, (s) air 1956 sc 367. even prior to this decision, this was the prevailing view; dalip singh v. sikh gurdwara prabandhak committee, amristar, air ..... mentioned section at the determination of the period limited by this act to any person for instituting a suit for possession of any property his right to such property only and, therefore, it would scarcely be permissible ..... and other property. in so far as acquisition of ownership of by possession is concerned, the relevant provisions are contained in part iv of the act. sections 26 and 27 deal with acquisition of right of easement and section 28 provides for extinguishment of right of property. according to the last ..... upon the contributories to pay the unpaid amount. this was followed by an application on behalf of the official liquidator under section 187, indian companies act in december, 1957, for payment order against the contributories which has given rise to the present appeal. i shall now deal with the merits of .....

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Apr 25 1961 (HC)

Kangra Valley Slate Company Ltd. Vs. Kidar Nath Girhsar Lal and ors.

Court : Punjab and Haryana

Decided on : Apr-25-1961

Reported in : AIR1961P& H540

..... question under consideration by the plaintiff. 11. i would, therefore, answer the question referred to the full bench in this way that section 3 (a) of punjab act no. 1 of 1954 is not limited to the rights, title and interests of proprietors as such, but extends to all persons having the same in the ..... , but where a statute does not admit of construction because of the apparent clarity of the language used, this rule can have possibly no application. in punjab act no. 1 of 1954 the legislature has in section 3 directly made a provision interfering with the vested rights of those who have such rights in the ..... in the land included in the shamilat deh. so that as this reference is confined to the very question before this bench, the question whether or not punjab act no. 1 of 1934 deals with rights, title and interests over land does not arise. whatever the soundness of this argument, it does not arise in ..... plaintiff are profit a prendre with the result that the rights under the lease with the plaintiff are rights over land and not rights in land so that punjab act no. 1 of 1954, which merely deals in section 3 with rights, title and interests in land, does not apply to the case of rights, ..... the plaintiff is going to be deprived on the interpretation suggested by the defendants and accepted by the learned trial judge; and(3) that at the most punjab act no. 1 of 1954 deals with rights in land and not with rights over land, there being distinction between rights in or rights over land (entry .....

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Nov 06 1961 (HC)

State of Punjab Vs. Model Woollen and Silk Mills and anr.

Court : Punjab and Haryana

Decided on : Nov-06-1961

Reported in : AIR1962P& H267

..... .(3) certain regulations had been promulgated by means of a notification dated 17th september 1954 under sub-section (2) of section 56 of the punjab district boards act. according to these regulations, no person was to work, erect or reerect or cause to be worked, erected or re-erected an engine other ..... been established.the same learned judge in liberty cinema v. commissioner, corporation of calcutta, air 1959 cal 45 following netram agarwalla v. chairman, raigunj municipality, 59 cal wn 872 observed that while there was no limit to the quantum of a tax that could be levied unless it was such as ..... the particular purpose only, namely, some kind of service to be rendered and that there must be a quid pro quo which meant that the municipality must render the corresponding service for the payment made. moreover, the amount must be reasonable and proportionate to the service rendered. in that case an ..... where it is remote what may euphemistically be called a fee for purposes of local government really becomes a tax for the general revenues of the municipality. the previous decision in maharaja shri umaid mills limited v. state of rajasthan, air 1954 raj 178 was distinguished on the ground that there ..... appeal although the judgment was reversed on the other points, their lordships did not express dissent from that approach.(9) in maharaja kishangarh mills ltd. v. municipal board, kishangarh, air 1960 raj 135, a full bench of which wanchoo c. j. (as he then was) was a member, struck down a .....

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