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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: supreme court of india Year: 1961 Page 1 of about 17 results (0.121 seconds)

Sep 13 1961 (SC)

Dr. H.S. Rikhy and ors. Vs. the New Delhi Municipal Committee

Court : Supreme Court of India

Decided on : Sep-13-1961

Reported in : AIR1962SC554; [1962]3SCR604

..... the conclusion that there was no valid lease between the parties, the high court relied upon the provisions of section 47 of the punjab municipal act (punjab act iii of 1911). the high court also negatived the contention that the committee was estopped from questioning the status of the applicants as tenants, having all ..... in immovable property, we have to determine the question whether in these cases there was a contract creating such a relationship. now, under the punjab municipal act, section 18, a committee is a corporate body with perpetual succession and a common seal, with power to acquire and hold property and ..... court was in error in relying upon the provisions of section 47 of the punjab municipal act which, it was contended, was subject to the provisions of the act, in view of the overriding provisions of section 38 of the act. it was further contended that the definitions of 'landlord' [section 2(c)], ..... a contract could be cured by mere receipt of rent. we have here to determine whether the provisions of section 47 of the municipal act prevent the committee from entering into a contract or making a transfer of property without complying with the conditions laid down in that section ..... punjab under article 133(1)(c) of the constitution, is whether the provisions of section 8 of the delhi and ajmer rent control act (38 of 1952) (which hereinafter will be referred to as the act) apply to the transactions in question between the appellants in each case and the new delhi municipal .....

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Apr 19 1961 (SC)

Bishan Das and ors. Vs. the State of Punjab and ors.

Court : Supreme Court of India

Decided on : Apr-19-1961

Reported in : AIR1961SC1570; [1962]2SCR69

..... ramji das they came into possession of the properties in question but in january, 1958, the respondents, namely, the state of punjab, some of its officials, and the municipal committee, barnala, by force and without any authority of law dispossessed them from the dharmasala in question and further deprived them of ..... later constructed with the permission of the authorities concerned for meeting the expenses for the maintenance of the temple and dharmasala. soon after, that is in 1911, there was a complaint against ramji das (ex. b) in which allegations were made to the effect that ramji das was utilising the dharmasala for ..... from his fellow subjects and visits him with a disability which is not imposed upon the others. we have here a highly discriminatory and autocratic act which deprives a person of the possession of property without reference to any law or legal authority. even if the property was trust property it ..... , the state or its executive officers cannot interfere with the rights of others unless they can point to some specific rule of law which authorises their acts. in ram prasad narayan sahi v. the state of bihar : [1953]4scr1129 this court said that nothing is more likely to drain the vitality ..... bhagwan das; whether it was a licence coupled with a grant or an irrevocable licence within the meaning of s. 60(b) of the easements act, 1882. these are disputed questions which we do not think that we are called upon to decide in the present proceeding. the admitted position, .....

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Aug 02 1961 (SC)

Roshan Lal Mehra Vs. Ishwar Das

Court : Supreme Court of India

Decided on : Aug-02-1961

Reported in : AIR1962SC646; [1962]2SCR947

..... control rent of houses in new delhi and the civil lines. from 1939 till 1942 no rent control act applied to the municipal area of delhi. on october 15, 1942 the punjab urban rent restriction act, 1941 with suitable adaptations was extended to that area. under that act a landlord could recover only standard rent from the tenant and the term 'standard rent' was defined ..... are bound to follow procedure laid down in the civil procedure code. it is urged that the rent controller is not bound by any procedure laid down by the civil procedure code or the punjab courts act. x x x17. section 7 says that the standard rent shall be determined in accordance with the principles set forth in the second schedule. the second schedule fixes basic ..... the application. the matter was then taken to the district judge in appeal. the learned district judge who was bound by the decision of the punjab high court also held that s. 7a of the control act, 1947, was unconstitutional and therefore the application was not maintainable. the tenant-appellant then made an application under art. 227 of the constitution to the ..... delhi and whenever the ordinance was made applicable to any area, the punjab urban rent restriction act, 1941 ceased to be operative. in the ordinance also standard rent was defined substantially in the same terms as in the punjab act. the central legislature then enacted the control act, 1947 which repealed the punjab act as extended to delhi and also the rent control order of 1939 and .....

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Mar 29 1961 (SC)

Salig Ram Vs. Munshi Ram and anr.

Court : Supreme Court of India

Decided on : Mar-29-1961

Reported in : [1962]1SCR470

..... ., as far back as 1906 in daya ram v. sohel singh and others 1906 p.r. no. 110, 'in all cases under s. 5 of the punjab laws act, it lies upon the person asserting that he is ruled in regard to a particular matter by custom, to prove that he is so governed, and not by personal ..... brothers - though the high court did not notice this part of the answer in the riwaj-i-am of 1911-12. the conclusion therefore at which we arrive is that amongst brahmins and khatris of amritsar district, a son given away in adoption can succeed to the ..... collaterally as a successor of his adoptive father. 9. the position as it emerges from a comparison of the entries in the riwaj-i-am of 1865, 1911-12 and 1940 is somewhat confused and the high court therefore thought that the custom recorded in para. 48 should be adhered to as brahmins and khatris did ..... therefore necessarily override the custom so far as it applies to brahmins. in any case the position is made clear by the manual of customary law prepared in 1911-12 by mr. craik. the custom recorded in that compilation is that with the exception of brahmins and khatris, an adopted son does not retain his right ..... that a son given away in adoption was excluded altogether from succeeding in his natural father's family as recorded in 1911-12. this conclusion seems to be fortified by the statements of brahmins and khatris in 1911-12 that a son given away in adoption succeeded in the family of his natural father if he had no .....

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Dec 11 1961 (SC)

Chhotabhai Jethabhai Patel and Co. Vs. the Union of India and anr.

Court : Supreme Court of India

Decided on : Dec-11-1961

Reported in : AIR1962SC1006; [1962]Supp2SCR1

..... take account of the provisions of another statute for dealing with the validity of a provision of the finance act 1911. the submission has no force at all because s. 64a of the sale of goods act refers in express terms to 'duties of excise' and has, therefore, to be read as part and ..... held invalid if the conclusion reached should afterwards be held to be wrong......... the imposition of taxes on property and income, of death duties and of municipal and local rates is, according to the common understanding of the term, direct taxation, just as the exaction of a customs of excise duty on ..... the imposition of the tax but the mode of recovery and at page 976 this ground of attack was rejected and reference was there made to the state of punjab v. ajaib singh : 1953crilj180 ; purshottam govindji halai v. shree b. m. desai, additional collector of bombay : 1956crilj129 . another case relied upon by ..... lb. and no duty was imposed on manufactured biris. as a result of the operation of sections 3 & 4 of the provisional collection of taxes act (act xvi of 1931) the duty became leviable as from the date of the introduction of the bill. the petitioners have stated that in accordance with the ..... of india for the fiscal year beginning the 1st of april 1951. clause 7 of the bill made provision for the amendment of the central excise act (act 1 of 1944) by way of alteration of duties on 'tobacco manufactured and unmanufactured.' in particular, it provided that 'unmanufactured tobacco other than flue- .....

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Sep 25 1961 (SC)

The Collector of Customs, Madras Vs. Nathella Sampathu Chetty and anr.

Court : Supreme Court of India

Decided on : Sep-25-1961

Reported in : AIR1962SC316; 1983LC2198D(SC); [1961]3SCR786

..... insurance society ltd. , would show that the incorporation effected in the statute there under consideration - the calcutta improvement trust act, 1911 - referred to by their lordship as the 'local act' was in express terms and in the form illustrated by 54 & 55 vict., ch. 19, just now referred to. ..... otherwise valid as within legislative competence with the character of unconstitutionality as being unreasonable' [vide manohar lal v. state of punjab : 1961crilj570a and ram dhan dass v. state of punjab : (1961)iillj102sc ]. having given the matter our best attention we have arrived at the conclusion that the impugned legislation ..... the american courts to which he invited our attention, could have any application, learned counsel relied particularly on the decisions in bailey v. state of alabama (1911) u.s. 219 : 55 l. ed. 191, and manley v. state of georgia (1929) 279 u.s. 1 : 73 l. ed ..... restrictions on import of gold and silver. - in exercise of the powers conferred by sub-section 1 of section 8 of the foreign exchange regulation act, 1947 (act 7 of 1947) and in supersession of the notification of the government of india in the late finance department no. 12(11) fi/47, dated ..... following schedule shall be punishable to the extent mentioned in the third column of the same with reference to such offences respectively :- section ofthis act tooffences which penaltiesoffence hasreference.8. if any goods, 18 & 19 such goodsthe importation of shall be liablewhich is for the to confiscation; .....

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Aug 30 1961 (SC)

Payare Lal Vs. State of Punjab

Court : Supreme Court of India

Decided on : Aug-30-1961

Reported in : AIR1962SC690; (1962)ILLJ637SC; [1962]3SCR328

..... offences with which they had been charged and passed certain sentences on them. 3. the accused appealed against their conviction to the high court of punjab. the appeals came to be heard by mehar singh j., who, though no point had been taken by the accused, himself felt considerable difficulty ..... trial, ceases to exercise jurisdiction therein, and is succeeded by another magistrate who has and who exercises such jurisdictions, the magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself or he may resummon the witnesses ..... s. jagjit singh, it has been expressly provided that section 350 of the code applies to the proceedings before a special judge. on the amended act, therefore, the question that has arisen in this case, would no longer arise. for reasons to be hereafter stated, this amendment clearly does not ..... the creation of fiction making the predecessor special judge, a magistrate. it is of some interest to note here that the amendment to the act which expressly makes section 350 of the code applicable to proceedings before a special judge also provides that for the purposes of so applying the section ..... a fiction was created, the application of the section to the proceedings before a special judge would create difficulties or anomalies. therefore also, the act could not in our view, have intended that section 350 of the code would be available to a special judge as a rule of procedure .....

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May 02 1961 (SC)

instalment Supply (P.) Ltd. and anr. Vs. the Union of India (Uoi) and ...

Court : Supreme Court of India

Decided on : May-02-1961

Reported in : AIR1962SC53; [1962]2SCR644; [1961]12STC489(SC)

..... health v. hope (valuation officer) [1960] a.c. 551 approving and following the decision of the privy council in broken hill proprietary company limited v. municipal council of broken hill [1925] a.c. 94. 20. as all the contentions raised on behalf of the petitioners fail, this petition is dismissed with costs. ..... the meaning of the words 'sale of goods' by going beyond the meaning attached to it by the sale of goods act. after the judgment aforesaid of the high court of punjab, it is further alleged, a settlement was arrived at between the companies carrying on hire-purchase business in delhi and the ..... cannot change the law. the department issued its instructions to the sales tax officers, in conformity with the law as laid down in the judgment of the punjab high court in instalment supply ltd., new delhi v. state of delhi . this court later laid down the law more authoritatively in mithan lal's ..... delhi v. state of delhi is final and conclusive as between the parties to that judgment; (5) that if it is held that the judgment of the punjab high court, referred to above, has been superseded by the judgment of this court in mithan lal's case : [1959]1scr455 , that judgment cannot be ..... sales tax authorities to levy any such tax on the ground that the law was beyond the competence of the legislature. ultimately, the company moved the punjab high court (circuit bench at delhi) under arts. 226 and 227 of the constitution. in the writ petition, which was registered as civil writ application .....

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Oct 23 1961 (SC)

The Board of Trustees, Ayurvedic and Unani Tibia College, Delhi Vs. th ...

Court : Supreme Court of India

Decided on : Oct-23-1961

Reported in : AIR1962SC458; [1962]Supp1SCR156

..... corporation or a non-trading corporation. the usual examples of a trading corporation are (1) charter companies, (2) companies incorporated by special acts of parliament, (3) companies registered under the companies act, etc. non-trading corporations are illustrated by (1) municipal corporations, (2) district boards, (3) benevolent institutions, (4) universities etc. an essential element in the legal conception of a corporation is ..... possession of the properties to the new board. that application was allowed in spite of the objection of petitioner no. 1. petitioner no. 1 unsuccessfully moved the high court of punjab against that order. 6. thereafter, petitioner no. 1 moved this court under art. 32 of the constitution for the issue of a writ restraining the state of delhi and the ..... from the appointed day, the board of trustees of the ayurvedic and unani tibbi college, delhi, a society registered under the provisions of the registration of societies act, 1860, on the 12th day of august, 1911, by the name anjuman-i-tibbia whose purpose, constitution and name was amended on 25th november, 1915, shall stand dissolved and all property, movable and immovable ..... known as the tibbia college. he died in the year 1927. but before his death, in the year 1911, he along with certain other persons formed a society styled anjuman-i-tibbia and had it registered under the societies registration act, 1860 (act xxi of 1860). the name of the society was changed in 1915, and it became known as the board .....

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Dec 05 1961 (SC)

State of West Bengal Vs. B.K. Mondal and Sons

Court : Supreme Court of India

Decided on : Dec-05-1961

Reported in : AIR1962SC779; [1962]Supp1SCR876

..... from this view has no doubt been struck (vide : chedi lal v. bhagwan das i.l.r(1889) . 11 all. 234; radha krishna das v. the municipal board of benares i.l.r(1905) . 27 all. 592; anath bandba deb v. dominion of india : air1955cal626 ; punjabhai v. bhagwan das kisandas i.l.r ..... the observations made by jenkins, c.j. in dealing with the scope of the provisions of s. 70 in suchand ghosal v. balaram mardana i.l.r(1911) . 38. cal. 1. 'the terms of s. 70', said jenkins, c.j., 'are unquestionably wide, but applied with discretion they enable the court ..... modern state government officers have invariably to enter into a variety of contracts which are often of a petty nature. sometimes they may have to act in emergency, and on many occasions, in the pursuit of the welfare policy of the state government officers may have to enter into contract orally ..... to come to the said conclusion. 'the legislature has made provision', said lord bramwell, 'for the protection of ratepayers, shareholders and others, who must act through the agency of a representative body, by requiring the observance of certain solemnities and formalities which involve deliberation and reflection. that is the importance of the ..... were invalid and unauthorised and did not constitute a valid contract binding the appellant under s. 175(3) of the government of india act, 1935 (hereafter called the act). it pleaded that there was no privity of contract between the respondent and itself and it denied its liability for the entire claim. .....

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