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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: rajasthan Year: 1972 Page 1 of about 12 results (0.025 seconds)

Nov 22 1972 (HC)

Jwala Prasad Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Nov-22-1972

Reported in : AIR1973Raj187; 1972()WLN1052

..... 1968 sc 1344 their lordships distinguished the earlier case decided by their lordships: ram dial v. state of punjab, air 1965 sc 1518 and observed that in ram dial's case the punjab municipality act which was under consideration contained two provisions for the removal of a pramukh in the public interest: by one ..... 154. in our opinion that authority has no application to the present case inasmuch as in that case section 422 of the madhya pradesh municipal corporation act. 1956 under which the order of supersession was passed itself provided that 'such order shall be published in the gazette and the reasons for ..... counsel for the petitioner has placed strong reliance on air 1970 madh fra 154. that was a case of supersession of municipal corporation under section 422 of the madbya pradesh municipal corporation act, 1958, for a period of one year, the learned judges of the madhya pradesh high court came to the ..... of mrs. ushi khan, wife of shri barkatullah khan and were found useless and unserviceable.the petitioner goes on to state that the various municipalities passed resolutions condemning the deal and the petitioner exposed this scandalous deal in the rajasthan assembly. in this connection it has been stated that in ..... bring us back to the decision of the privy council in durayappah's case (1967) 2 ac 337 (supra). in that case a municipal council was dissolved by an order of a minister without following the requirements of natural justice and it was held by the privy council that the .....

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Feb 09 1972 (HC)

Brij Kishore Vs. Ram Niwas

Court : Rajasthan

Decided on : Feb-09-1972

Reported in : 1972WLN89

..... the appellant shri brij kishore sharma in respect of respondent ram niwas, his nomination paper was rejected under section 26 of the rajasthan municipalities act {hereinafter referred to as 'the act') the result was that only two candidates viz., brij kishore sharma and jagdish chandra remained in the field and as a result ..... is clear that during the relevant period shri ram niwas was holding salaried part-time appointment under a local authority when he was acting as a legal adviser to the municipal board, sarwar on an compensation of rs. 450/- the word 'mahnata' also means compensation for the labour done. here of ..... can not be taken to sub-clause (viii) as it was a general provision only. in the punjab authority it was held that when two provisions of a statute ..... difference.8. placing reliance upon harnam singh modi and anr. v. state of punjab the learned counsel for respondent while drawing my attention to the provision of sub-clauses (viii) and (xiii) of section 26 of 'the act' urged that when the case was covered specifically by sub-clause (xiii) recourse ..... are in conflict with each other an effort should be made to reconcile than. if the conflict is irreconcilable the specific provisions will over ride the general provisions.9. sub-clause (viii) of section 26 of 'the act' has .....

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Jan 31 1972 (HC)

K.N. Joshi Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Jan-31-1972

Reported in : AIR1972Raj168; 1972()WLN92

..... ii of schedule vii of the constitution reads as follows,--'5. local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.'in ..... was argued by mr. tewari that the effect of the amendment of section 9 of the parent act is only to do away with the representatives elected by the municipal council, otherwise in substance the constitution of the trust is the same and there is not ..... petitioner k. n. joshi, who was the member of the urban improvement trust, jodhpur, having been elected to that body by the municipal council, jodhpur. the main grounds of challenge are,--(1) that the governor while promulgating the ordinance did not place it for consideration before ..... is thus always question of power ...... if the constitution of a state distributes the legislative powers amongst different bodies, which have to act within their respective spheres marked out by specific legislative entries, or if there are limitations on the legislative authority in the shape of ..... any material alteration in the constitution thereof.4. mr. bhargava, appearing on behalf of the petitioner, has placed reliance on the following authorities in support of his arguments:-- ratan roy v. state of bihar, air 1950 pat 332; state of punjab .....

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Feb 11 1972 (HC)

Purshotam Lal and ors. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Feb-11-1972

Reported in : 1972WLN702

..... facts and circumstances of the present cases and the decision of the supreme court would not govern the present matter.17. the judgment of gujrat and punjab high courts in dalpathi hemchand v. chansma municipality (supra) and bhagwat dayal v. union of india (supra) when scrutinised in the light of the principles laid down by the supreme court ..... courts in india when extraordinary jurisdiction is invoked to safeguard the fundamental rights. hidayatullah c.j, in this connection observed as follows:in india we have the limitation act which prescribes different periods of limitation for suits, petitions or applications. there are also residuary articles which prescribe limitation in those cases. where no express period is provided ..... the notification under section 6 was thereafter issued; but that notification was not challenged by the petitioners as being violative of the provisions of the rajasthan land acquisition act on the contrary the petitioners put up their claims before the land acquisition officer to determine their compensation and, therefore in these circumstances without explaining the delay the ..... 6 be declared void as the, state government have initiated the proceedings for acquisition for birla cement work, chittorgarh, without complying with the requirement of chapter vii of the act. this lacuna, according to the petitioners, vitiates the; entires proceedings and therefore it was prayed that the notifications under section 6 and the subsequent proceedings be declared void .....

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Mar 29 1972 (HC)

Dulichand Vs. Bhairondas and ors.

Court : Rajasthan

Decided on : Mar-29-1972

Reported in : AIR1973Raj96

..... either on the soil under the surface or in the space above the surface so long his right of passing end repassing is not interfered with.8. in the rajasthan municipalities act. 1959 (act no. 38 of 1959), 'public street' and 'street' have been defined in sections 3 (26) and 3 (32) and it reads as under:--'(26) 'public street' means any street ..... . municipal board,. ganganagar, 1967 raj lw 255 and a d. b. judgment confirming the same in pyarelal satpal v. sentlal. 1972 raj lw ..... not been created on the surface of the soil so far the balcony constructed by the defendants is concerned.12. much stress has been placed on campbell v. paddington corporation, 1911-1 kb 869. in that case the plaintiff was in possession of a house in london from the windows of which there was an uninterrupted view of part of a ..... infringe the natural rights of the plaintiff and if an encroachment is found to have been done by the municipality, the plaintiff is entitled to get it removed. reliance has been placed on campbell v. mayor. aldermen, and councillors of the metropolitan borough of paddington, (1911) 1 kb 869. he has also referred to a judgment of this court in ladhuram v .....

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Sep 21 1972 (HC)

Sugan Chand Vs. Govindram Bansal

Court : Rajasthan

Decided on : Sep-21-1972

Reported in : 1972WLN732

..... ordinance, 1949 came into force a decade earlier. although section 18 of the ordinance is not specifically referred in section 48 of the rajasthan municipalities act, we ate inclined to think that when the legislature in its wisdom, deliberately put in the words 'final and conclusive', it meant to ..... observed:we have, therefore, to consider if there was anything in the mind of the legislature when it stressed in section 48 of the municipalities act that the decision of the high court on an appeal under section 45 shall be final and conclusive. it appears to us that these words ..... court, who exercising the appellate jurisdiction under section 46 of the rajasthan municipalities act, 1959 (hereinafter called 'the act') affirmed the decision of the tribunal which had set aside the election of the appellant as a member of the municipal council, sri ganganagar and dismissed the appeal.2. a preliminary objection has ..... air 1948 pc 12 and to roland barrows' 'words and phrases judicially defined'. he also urged that a number of special appeals relating to municipal elections are pending and the matter should, therefore, be referred to a larger bench.4. as we propose to upheld the preliminary objection raised by ..... and it is consistent with the interpretation we have put on section 48.13. in ram singh's case a1r 1936 pc 93 considered punjab sikh gurdwara act, 1925 did not contain any words of finality and therefore this case is clearly distinguishable.14. we are doubtful if the argument advanced .....

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Apr 20 1972 (HC)

Kishorilal and ors. Vs. Ladhu Ram and ors.

Court : Rajasthan

Decided on : Apr-20-1972

Reported in : 1972WLN953

..... a part of the public highway into a bazar, that the bye-laws could not permit what was not permitted by the act, that the rajasthan town municipalities act ordained that the municipal board was a trustee of the highway, that the side lanes were also a part of the highway; that the suit ..... of an injunction against their impending eviction and it was dismissed in 1956. the municipality did not take any steps to evict the stall-holders and therefor the plaintiffs instituted several suits but we are only concerned at present regarding ..... measuring between 2 and 3 feet. the tehbazari stalls virtually cover the properties of the plaintiffs abutting the two roads. the rajasthan government directed the municipality of ganganagar in september 1952 for the restoration of the kotwali road by removing these stalls. the stall-holders instituted a suit for the issue ..... suits being less than rs. 10,000/- but the value of the whole ganj was considerably over rs. 10,000/-, their lordship of the punjab chief court held that the question directly or indirectly involved must be one between the parties to the suits which have been instituted and not one ..... passed, and concerning the title to which property there is no litigation pending '7. in abdul karim and ors. v. allah bakhsh and ors. 1913 punjab record, case no. 90, p. 320 it was observed that were certain persons, being ground landlords of a valuable 'ganj' occupied by various tenants, .....

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Oct 27 1972 (HC)

Maharana Bhupal Electric Supply Co. Ltd. Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Oct-27-1972

Reported in : AIR1973Raj132; 1972()WLN803

..... that the plaintiff had ade-quately proved its claim subject to the exception of the two bills relating to aforesaid consumers because they prima facie relate to city corporation and municipal board which are ordinarily independent of the government. reducing the amount of these two bills the balance of the claim amounts to rupees 99,663/14/-. 16. the last point ..... did the defendant contest the correctness of the list. the only items that have been contested are regarding two consumer numbers viz. 430 and 551 relating to city corporation and municipal board. the numbers given in the statement of the witness appear to be erroneous. i have scrutinized the record and their correct numbers are 430 and 551 and they are ..... to notice for the disposal of this appeal succinctly stated are these maharana bhupal electric supply co. ltd., udaipur (hereinafter called 'the company') was a licensee under the indian electricity act. 1910. it was to provide electrical energy in the town of udaipur. the company was charging annas six per unit of electricity for domestic purposes from its consumers. it is ..... principal ingredient is that it is movable property. the supreme court in avtarsingh v. state of punjab, air 1965 sc 666 has observed that 'electricity is not movable property'. the claim of interest under the sale of goods act is therefore not tenable. accordingly we are not inclined to award interest in the circumstances of the case. 18. the result is that .....

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Nov 21 1972 (HC)

Roshanlal Vs. Kailash Prasad

Court : Rajasthan

Decided on : Nov-21-1972

Reported in : AIR1973Raj141; 1972()WLN931

..... thereunder. now, the condition laid down for the enjoyment of the protection is the payment of rent to the full extent allowable by the act. therefore, calling the payment of recompense for the continued use and occupation of the premises after the termination of the contractual tenancy will not ..... decree or otherwise, evicting the tenant so long as he is ready and willing to pay rent thereof to the full extent allowable by this act, unless it is satisfied. then follow the various grounds on which the landlord can secure eviction of the tenant. this section, therefore, clearly overrides ..... contractual tenancy or the subsistence of the old contractual tenancy but because he offers rent to fulfil his obligations under the provisions of the rent act and similarly, the land-lord accepts rent not because he shows thereby an intention to create a new tenancy or to treat the old ..... specified in section 106.'12. learned counsel for the appellant has based his case on the tenor of section 113 of the transfer of property act and particularly illustration (a) thereunder. learned counsel submits in the circumstances that as in the illustration (a) the landlord here gave notice to the ..... not maintainable. it will be convenient at this point to remind myself of the relevant statutory provisions.10. section 106 of the transfer of property act, inter alia, provides that a lease of immoveable property for purposes other than agricultural or manufacturing shall be deemed to be a lease from month .....

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Nov 09 1972 (HC)

The Jaipur Spinning and Weaving Mills Ltd. Vs. the State of Rajasthan ...

Court : Rajasthan

Decided on : Nov-09-1972

Reported in : 1972WLN1097

..... authorities were bound to take action under section 55 or 166 of the criminal procedure code and under section 55 of the mysore police act. in that case, the supreme court judgment in punjab national bank employees' federation and anr. (5) was cited by the workmen to support their cause, but their lordships ..... ltd. v. workmen of sadul textile mills and anr. .18. mr. shrimali, on the otherhand, relying on the supreme court judgment in punjab national bank ltd. v. all india punjab national bank employees' federation and anr. (1939) 306 us 240, urged that a workman if he enters the premises of the mill in ..... america in national labour relations board v. fansteel metallurgical corporation (1939) 306 us 240 were relied:for the unfair labour practices of respondent the act provided a remedy.... but reprehensible as was that conduct of the respondent, there is no ground for saying that it made respondent an outlaw ..... appropriate writ, order or direction be issued directing respondents nosection 1 to 5 to perform their statutory duties under the provisions of the police act and the code of criminal procedure to take appropriate legal action against respondents nos. 6 to 33 and their associates who are committing criminal ..... of law. the court cannot permit in the name of collective bargaining to do an act which is unlawful.30. in samuel compers, john mitchell, and frank morrison v. buck's stove & range company (1911) 221 us 418. mr. justice lamar of the supreme court of america observed as follows .....

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