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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: rajasthan Year: 1986 Page 1 of about 10 results (0.062 seconds)

Aug 29 1986 (HC)

Rampal Agarwal Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Aug-29-1986

Reported in : AIR1987Raj198; 1986(2)WLN569

..... for determination in s. l. kapoor v. jagmohan, air 1981 sc 136. in that case in exercise of the powers conferred by section 12 of the punjab municipal act, 1911 as applicable to new delhi, the lt. governor of the union territory of delhi by a notification dated september 28, 1979 appointed nine non-official members ..... and four ex-officio members to the new delhi municipal committee to hold office for a period of one year with effect from october 4, 1979. however, well before the expiry of the term for which ..... set aside being violative of natural justice. the aforesaid decision of their lordships of the supreme court was followed in jathedar jagdev singh v. state of punjab, air 1982 punj and har 16. though in the reply filed on behalf of the respondents nos. 3 and 5 it has been stated that the ..... appointed, on february 27, 1980 the lt. governor in exercise of the powers conferred by section 238(1) superseded the new delhi municipal committee with immediatue effect and appointed shri p. n. behl as the person who may exercise and perform all powers and duties of the new delhi ..... municipal committee until the said committee was reconstituted. the order contained reasons. the preamble to the order of supersession recited that the committee was incompetent .....

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Dec 16 1986 (HC)

Municipal Board Vs. Controlling Authority Under Payment of Gratuity Ac ...

Court : Rajasthan

Decided on : Dec-16-1986

Reported in : 1987WLN(UC)723

..... thus, in view of the wide definition of establishment it is clear that the municipal board, gangapur falls in this definition of establishment and is covered under section 13(b) of the act. similarly in some what identical circumstances kerala and punjab high courts (supra) made the gratuity act applicable to local bodies also.7. next question that arises is that when rules ..... as definition given in sub-section (36) of section 1 of the act, municipal board is an establishment and it is covered by the act. he further submits that subsequent notification of the government of india still makes it clear. in this connection, he has invited my attention to state of punjab v. the labour court, jullundhar air 1979 sc 1979) and the ..... have been framed for payment of gratuity to municipal employees then how the gratuity act will be applicable. mr. lodha, learned counsel for ..... executive engineer (construction), southern railway, quillon v. m.p. sankara pillan (1981 ilr (ker) 164) and chimanlal v. municipal committee, panipat .....

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Feb 10 1986 (HC)

Commissioner of Income-tax Vs. Rooplal Danchand

Court : Rajasthan

Decided on : Feb-10-1986

Reported in : (1986)57CTR(Raj)79; [1986]162ITR742(Raj); 1986(2)WLN756

..... a condition prohibiting entering into partnership regarding the working of the privilege. in cit v. hardit singh , while considering the provisions of the punjab excise act, 1914, and the punjab liquor licence rules, 1956, which, inter alia, provided that if the licensee is a firm, it is prohibited from taking in new ..... v. cit : [1968]69itr819(all) and jer & co.'s case : [1971]79itr546(sc) and after taking into consideration the provisions of the punjab excise act and the punjab liquor licence rules, it was held that the firm carried on the business of possessing and selling liquor in violation of the provisions of the ..... amounted to such contract, it cannot be registered. uwacharan shaw's case : [1959]37itr271(sc) was also referred to. the view taken by the punjab high court in cit v. benarsi das and company was that where a person obtained a licence for the sale of opium in his own name ..... licence for the shop and the formation of the partnership was in violation of the bengal excise act, 1911. it further held that there was no evidence of transgression of the provisions of the bengal excise act, 1911, and that there was nothing affecting the validity of the partnership.13. the tribunal in ..... its earlier order has referred to jer & co. v. cit : [1971]79itr546(sc) , wherein section 26a of the old act and rules 322, 574, form fl ii .....

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Dec 11 1986 (HC)

Mangalam Cement Ltd. and Etc. Etc. Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Dec-11-1986

Reported in : AIR1987Raj186; 1987(2)WLN643

..... situate in an urban area or in a notified area declared as such under section 313 of the rajasthan municipalities act, 1959 (rajasthan act 38 of 1959) or an abadi land as defined in clause (b) of section 103 of the rajasthan land revenue act, 1956 (rajasthan act 15 of 1956). under section 2(k) 'tax' means the tax on land payable under the state ..... land is by no means confiscatory in effect. merely because the property tax under the municipalities act and the tax on urban land under the 1966 act, both enacted under entry 49 exhaust anunreasonably high proportion of income itcannot be said that the charging section under ithe 1966 act is unreasonable. the basis oftax being different it is not permissible toclub together the two ..... tax, but it is not open to challenge merely on the ground that the tax is harsh or excessive.'14. in the malwa bus service (pvt) ltd. v. state of punjab, air 1983 sc 634, meeting with the argument that the operations of the state carriage bus service has become uneconomical it was held that the levy cannot be struck down ..... not to be determined by the mode of measurement or standard of calculation prescribed for assessing the amount of tax. in the case of ralla ram v. province of east punjab, air 1949 fc 81, fazal all j. held that :'it is true that the annual value was used as the basis, but it was very different from the annual value .....

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Jan 07 1986 (HC)

Dalip Singh Vs. Rajasthan State Electricity Board, Jaipur and ors.

Court : Rajasthan

Decided on : Jan-07-1986

Reported in : AIR1986Raj131; 1986(1)WLN23

..... the same as the claim was time barred. the contention was allowed by the high court and the matter was taken up in appeal by the municipal committee before the supreme court. the supreme court dismissed the appeal. their lordships of the supreme court placed reliance on a decision of the privy ..... in my opinion the provisions of ss. 3 to 6 cannot be resorted to. reference may also be made to the division bench decision of the punjab high court in custodiangeneral of evacuee property in new delhi v. harnam singh air 1957 punj 58. their lordships were taking into consideration the provisions ..... the recovery of which has been barred by time, are recoverable under the provisions of dues recovery act, i960.11. it would be relevant here to refer to the decision of the supreme court in new delhi municipal committee v. kaluram air 1976 sc 1637. in that case the respondent kaluram was allotted one ..... under clause (i) of section 60a. the suit thus could be filed within three years from the date of the commencement of the electricity amendment act, 1966 (act no. xxx of 1966). so the extended period of limitation under section 60a had expired in the year 1969. in this view the suit for ..... days failing which the electricity supply would be disconnected without any further notice and the notice was sent under section 24 of the indian electricity act 1910 (central act no. ix of 1910). it was also stated in the notice that action will be taken to recover the outstanding dues under the rajasthan government .....

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Jul 23 1986 (HC)

Ved Prakash Chaturvedi Vs. Union of India (Uoi)

Court : Rajasthan

Decided on : Jul-23-1986

Reported in : 1987(1)WLN358

..... illj356sc ; the kesara mills co. ltd. v. union of india : [1973]3scr22 ; r.c. sharma v. union of india : air1976sc2037 and tarachand khatri v. municipal corporation, delhi : (1977)illj331sc ).23. learned counsel for the respondent has further submitted that the appellant had not taken any plea before the appellate authority that the impugned ..... is time barred and the learned trial court has rightly held it to be so. in this connection, he has placed reliance on sitaram goyal v. municipal board, kanpur : [1959]1scr1148 which he submits is the direct authority on the point.25. i have given my thoughtful consideration to the whole ..... supra), heerlal shah v. state of assam 1985 (2) slr 370, somaru dass v. state of m.p. 1985 (2) slr 520 (fb), state of punjab v. bakhtawar singh 1972 slr 85, kuldeep singh v. union of india 1974 wln 176; union of india v. tara chand 1975 lab. & ic 992 and ..... prove that the impugned order was passed by the competent authority. since the plaintiff appellant has miserably failed in discharging his initial burden, the official act should be deemed to have been done in accordance with law unless otherwise is shown. whether powers of the general manager were delegated or not under ..... not apply to the court for producing secondary evidence. nor he has asked the defendant to produce the same in the court. under the evidence act, no secondary evidence could have been produced in such circumstances. the burden was on the appellant and it cannot be shifted to the railway so .....

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Sep 17 1986 (HC)

Parmatma Prasad Dwivedi Vs. B.J. Shahaney Through His Lrs. and anr.

Court : Rajasthan

Decided on : Sep-17-1986

Reported in : 1987(2)WLN686

..... same view has been taken in sukhdev singh's case (5 judges) (supra) after considering life insurance corporation of india v. sunil kumar mukherjee : (1964)illj442sc mafatlal (supra), sirsi municipality (supra) as well as the two decisions in chandra kiran tyagi and sukhdeo rai which took a contrary view. this position was strongly reiterated in vijay narain's case : (1980 ..... as null and void. the same proposition was reiterated in indian airlines corporation, sukhdeo rai (supra). however, in a latter decision in sirsi municipality (supra), the supreme court held that the regulations framed under the act had the force of law and the employee was entitled to the relief of declaration that an action taken in breach of the regulations or ..... : (1970)illj32sc or indian airlines corporation v. sukhdeo rai : (1971)illj496sc held field. but this position has completely changed now. the change in legal position which commenced with sirai municipality v. ckf tellis : air1973sc1331 has now reached its peak with the pronouncement in central inland water transport corporation's case (supra). according to the counsel for appellant, sabhajit tiwari's ..... give proper relief that is not so in the case of high court hearing civil second appeal and in this connection, he has placed reliance on s. amarjeet singh v. punjab national bank 1986 (2) slr 121. learned counsel for the respondent further submitted that employees of the companies are not entitled to reinstatement. in this connection, he has placed .....

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Apr 07 1986 (HC)

Mohan Lal Vs. Smt. Radha Kumari and ors.

Court : Rajasthan

Decided on : Apr-07-1986

Reported in : 1986(2)WLN23

..... of purushottam das is also married and is a graduate. there are three daughters of the plaintiff who are married. the plaintiff had retired as revenue officer, municipal council, jaipur. purushottam das is udc in the crime branch cid & nand kishore is a lecturer in a private institution. there are three rooms on the ..... cannot be asked that he must somehow put up with the limited accommodation in his possession.9. in jai ram v. ram pratap 1973 rcr 717 punjab and haryana high court has observed that in case the building which is in the occupation of the landlord is not adequate for his use and for ..... a school and, gopi krishna sidha is the secretary of the samiti. under section 14(2) of the rajasthan premises (control of rent and eviction) act, 1950, there is a provision, which is reproduced as under:where the court is satisfied that no hardship would be caused either to the tenant or ..... samaj v. mohan singh 1984 rcr 35 this court had an occasion to consider section 14(2) of the rajasthan premises (control of rent & eviction) act, 1950 and, while interpreting the said section, the following observations were made:the mere fact that the tenants have been living in the premises in question for ..... in narottam lal v. mukat lal i & r (1979) 29 raj 1001 also considered section 14 of the rajasthan premises (control of rent & eviction) act, 1950 and observed that a very heavy burden has been cast upon the courts to decide in each case this delicate question of comparative hardship. no hard and .....

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Dec 05 1986 (HC)

Habu Vs. State of Rajasthan

Court : Rajasthan

Decided on : Dec-05-1986

Reported in : AIR1987Raj83; 1987(1)WLN272

..... was decided and in those circumstances their lordships held that s. 362 will operate as a bar. a reference has then been made to ajit singh v. state of punjab, (1983) 2 crimes 60 : (air 1982 noc 219) (punj & har) (fb) wherein it has been held as under :'it seems to be more ..... of habeas corpus or other appropriate writ.there are indignant critics who charge that by an over-expansive interpretation of article 21, the supreme court is acting as a super-legislature and is dabbling in matters outside its legitimate sphere. these critics forget that it is the proverbial tardiness of legislatures and the ..... habeas corpus was not available even in the case of an order of detention proven to be mala fide. fortunately, after the constitution (forty-fourth) amendment act, which has made article 21 non-suspendable even during an emergency, no court can now deny to any person, at anytime, the full amplitude of article ..... of the legislature may go in vain or be left to evaporate into thin air. where that intent is clearly expressed in the language of the act, there is little difficulty in giving effect to it. but where such intent is covert and couched in language which is imperfect, imprecise and deficient ..... sworn in is unknown to the fair practice and the law concerning swearing in of the affidavits. neither the oath commissioner nor the learned counsel has acted in accordance with law and in fact it amounts to making a false record. however, looking to the extreme youth of the learned counsel and .....

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Jan 09 1986 (HC)

State of Rajasthan Vs. Saleem

Court : Rajasthan

Decided on : Jan-09-1986

Reported in : 1986(2)WLN777

..... come within the explanation to section 403 cr.pc. in kashigar ratanagar's case (supra), j.m. seth. j. placed reliance on haveli ram v. municipal corporation of delhi and quoted with approval the following passage;that there are two views with regard to the meaning and, scope of the word 'tried' in ..... opinion among the judges of the madras high court as to when the trial in summons case begins in private complaint cases12. in kotayya v. venkayya 1911 ilr 34 mad. 253, a division bench of the madras high court took the view that the trial of a summons case cannot be said ..... in kashigar ratanager v. state of gujarat 1975 cr.lj. 963, two separate complaints under section 131 read with section 33(1)(v)(i) bombay police act in respect of same incident were filed by two police constables. one of the two complaints was heard first. it was a summons trial. particulars of ..... of rulings, parkar, j. speaking for the court observed as under:the intention of the legislature is quite clear for it appears from section 205, act 10 of 1872, that the magistrate could only dismiss the complaint under the cr.pc of 1872 whereas under the code of 1872 and the subsequent ..... : air1959cal759 , petition of complaint which was filed against the accused with respect to an offence under section 29 read with section 32 of the industrial disputes act was not entertained by the magistrate firstly because it was not instituted with proper sanction and secondly the learned magistrate had no jurisdiction to try the case. .....

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