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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: supreme court of india Year: 1974 Page 1 of about 17 results (0.103 seconds)

Apr 11 1974 (SC)

Maganlal Chhaganlal (P) Ltd. Vs. Municipal Corporation of Greater Bomb ...

Court : Supreme Court of India

Decided on : Apr-11-1974

Reported in : AIR1974SC2009; (1974)2SCC402a; [1975]1SCR1

..... we are of the view that the decision in northern india caterers ltd. v. state of punjab (supra) does not represent the correct law and must be overruled. the challenge against the constitutional validity 'of chapter va of the municipal act and the government premises eviction act must accordingly be rejected.45. it would on this view appear to be unnecessary to consider whether ..... been introduced in the government premises eviction act by an amendment made by maharashtra act 12 of 1969 whereas no such amendment has been made in ch. va of the municipal act. this amendment was made in the government premises eviction act in consequence of the decision of this court in northern india caterers ltd. v. state of punjab : [1967]3scr399 but that is not ..... material because, so far as the present cases arising under the government premises eviction act are concerned, the proceedings for eviction were ..... this court held section 5 of the punjab public premises and land (eviction and rent recovery) act, 1959 to be void as being in conflict with article 14 of the constitution. the question is whether the ratio of this decision is applicable to the provisions contained in ch. va of the municipal act and the government premises eviction act, and if it is, whether .....

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Dec 12 1974 (SC)

Sarwan Singh and ors. Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Dec-12-1974

Reported in : AIR1975SC394; (1975)1SCC284; [1975]2SCR1007; 1975(7)LC63(SC)

..... 1. the questions that are raised in these appeals by certificate by mr. b. sen on behalf of the appellants are these:(1) section 59(a) of the punjab town improvement act, 1222 (punjab act 4 of 1922) is ultra vires article 14 of the constitution.(2) the tribunal took absolutely a wrong principle into consideration in determining the compensation of the lands acquired ..... a president and two assessors and the president shall be a person qualified for appointment as a judge of the high court of punjab and haryana. in the schedule attached to the improvement act, further modifications in the acquisition act have been introduced as provided for in section 59. para 10 of the schedule provides for amendment of section 23 of the ..... of ludhiana municipal committee, was acquired for a development scheme of the ludhiana improvement trust (hereinafter called the trust) styled as model town extension scheme no. 1. a notification under section 36 of the punjab town improvement act (hereinafter called the improvement act), which is analogous to section 4 of the land acquisition act, 1894 (hereinafter called' the acquisition act) was published on september 16, ..... a tribunal with two assessors unlike in the acquisition act. the president of the tribunal shall be a person qualified for appointment as a judge of the high court. one of the assessors is appointed by the state government and the other assessor is appointed by the municipal committee and on failure to do so by the committee, by the state .....

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Jan 17 1974 (SC)

Arvind Mohan Sinha Vs. Amulya Kumar Biswas and ors.

Court : Supreme Court of India

Decided on : Jan-17-1974

Reported in : AIR1974SC1818; 1974CriLJ885; (1974)4SCC222; [1974]3SCR133

..... and section 309(2), crpc, that a sentence shall follow on a conviction.14. the provisions of the act are indeed of such beneficence that in ratan lal v. states of punjab : 1965crilj360 this court remanded a matter to the high court with a direction that the high court or the ..... always rooted in criminal tendencies and their origin may lie in psychological factors induced by hunger, want and poverty. the probation of offenders act recognises the importance of environmental influence in the commission of crimes and prescribes a remedy whereby the offender can be reformed and rehabilitated in ..... which in conceivable cases may pose a grave threat to the economy and the security of the country. but every contravention of the customs act or the 'gold control' rules cannot, without more, be assumed to be fraught with consequences of national dimensions. the broad principle that punishment ..... food was a menace to public health, the application of the probation of offenders act could not be excluded in cases of persons found guilty of food adulteration.16. in jai narain v. the municipal corporation of delhi : 1973crilj49 the principle laid down in isher das's case was ..... affirmed but on the facts of the case this court refused to release on probation an offender who was convicted for adulterating 'patisa' by using a non-permitted coal tar dye. this decision only shows that whether the benefit of the act .....

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Sep 24 1974 (SC)

Bolani Ores Ltd. Vs. State of Orissa

Court : Supreme Court of India

Decided on : Sep-24-1974

Reported in : AIR1975SC17; (1974)2SCC777; [1975]2SCR138

..... council was considering a case where the incorporation effected in the statute, viz., the calcutta improvement trust act, 1911-referred to by their lordships as the 'local act' was in express terms and in the form illustrated by 54 and 55 vict., ch. 19. the 'local act' in dealing with the acquisition of land for the purposes designated by it, made provision for the ..... in the alienation of land act had been bodily transposed into it.the above decision of this court ..... five judges of this court held that the repeal of the punjab alienation of land act, 1900, had no effect on the continued operation of the punjab pre-emption act, 1913, and that the expression 'agricultural land' 'in the later act had to be read as if the definition of the alienation of land act had been bodily transposed into it. after referring to the observations ..... effect upon the construction or effect of the act in which its provisions have been incorporated.x x x x x xin the circumstances, therefore, the repeal of the punjab alienation of land act of 1900 has no effect on the continued operation of the pre-emption act and the expression 'agricultural land' in the later act has to be read as if the definition .....

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Apr 26 1974 (SC)

The Ahmedabad St. Xavier's College Society and Anr. Vs. State of Gujar ...

Court : Supreme Court of India

Decided on : Apr-26-1974

Reported in : AIR1974SC1389; (1974)1SCC717; [1975]1SCR173

..... society. it was an association of arya samajis. the institutions were before the reorganization of the state of punjab affiliated to the punjab university. the punjabi university was constituted in 1961. after the reorganization of punjab, the punjab government under section 5 of the act specified the areas in which the punjabi university exercised its power and notified the date for the purpose of ..... of 1961, the result of which was that the petitioning college there ceased to be affiliated to the university constituted under the punjab university act of 1947 and was compelled to become affiliated to another university, the punjabi university under the act of 1961. the consequence was that, if this compulsory affiliation was valid, a notification of the punjabi university, declaring that ..... by the various colleges managed and administered by the d.a.v. college trust and managing .society. these colleges were before the punjab reorganization act affiliated to the punjab university. as a result of notification issued under section 5 of the guru nanak university (amritsar) act (act 21 of 1969) those colleges, which were in the specified areas ceased to be affiliated to the ..... (1) were held to be infringed by the offending provisions.226. in d.a.v. college etc. v. state of punjab and ors. [1971] su. s.c.r. 688 the validity of certain sections of guru nanak university (amritsar) act 21 of 1969, and of some statutes of the university made under it, was considered by this court in the light .....

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Aug 23 1974 (SC)

Samsher Singh Vs. State of Punjab and anr.

Court : Supreme Court of India

Decided on : Aug-23-1974

Reported in : AIR1974SC2192; (1974)IILLJ465SC; (1974)2SCC831; [1975]1SCR814; 1975(1)SLJ1(SC)

..... magistrate may function fearlessly if the prosecuting department may also investigate against him. it is indeed regrettable that this sensitive side of the issue was overlooked by the punjab high court when it requested government to direct the vigilance commissioner to report on a member of the judicature. the true intendment of judicial independence is fulfilled not ..... is a vast array of other powers exercisable by the president--to mention only a few appointment of judges; article 124 & 217, appointment of committees of official languages act, article 344, appointment of commissions to investigate conditions of backward classes; article 340, appointment of special officer for scheduled castes and tribes; article 338, exercise of his ..... westminster model with quasi-federal adaptations, historical modifications, geo-political mutations and homespun traditions--basically a blended brew of the british parliamentary system, and the government of india act, 1935 and near-american, nomenclature-wise and in some other respects.104. not the potomac, but the thames, fertilises the flow of the yamuna, if we may ..... and subject to the conditions prescribed thereby. the result of the notification by the president under article 258 is that wherever the expression ''appropriate government' occurs in the act in relation to provisions for acquisition of land for, the purposes of the union, the words ''appropriate government or the commissioner of the division having territorial jurisdiction .....

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Oct 01 1974 (SC)

Smt. Satya Vs. Shri Teja Singh

Court : Supreme Court of India

Decided on : Oct-01-1974

Reported in : AIR1975SC105; 1975CriLJ52; (1975)1SCC120; [1975]2SCR197

..... . on the ground that the marriage could be dissolved only under the hindu marriage act.6. in the third round of litigation, the husband succeeded in a revision application filed by him in the high court of punjab and haryana. a. learned single judge of that court found that 'at the crucial ..... and martin wolff. speaking of the 'english conflict of laws' graveson says: 'almost every country in the modern world has not only its own system of municipal law differing materially from those of its neighbours, but also its own system of conflict of laws....' according to dicey & morris. 'the conflict of laws ..... laws in the various countries differ nearly as much from each other as do those on internal (municipal) law'. it is thus a truism to say that whether it is a problem of municipal law or of conflict of laws, every case which comes before an indian court must be decided ..... the letter dated december 13, 1965 from the under secretary, ministry of external affairs, government of india to one lakhi singh chaudhuri, a member of the punjab vidhan sabha, shows that by then the respondent had taken a job as research officer in the department of forestry, alberta, canada. the trial court decided ..... public building, calgary, alberta (canada)'. the revision was dismissed on june 15, 1968. the respondent filed a further revision application in the high court of punjab & haryana and gave the same canada address.49. thus, from 1960 to 1964 the respondent was living in utah and since 1965 he has been in .....

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Apr 30 1974 (SC)

Pandia Nadar and ors. Vs. the State of Tamil Nadu

Court : Supreme Court of India

Decided on : Apr-30-1974

Reported in : AIR1974SC2044; (1974)2SCC539; [1975]1SCR333

..... and ors. etc. : [1975]1scr1 pronounced on 11 april, 1974, this court had occasion to consider the constitutional validity of chapter v-a of the bombay municipal corporation act and the bombay government premises (eviction) act. according to the provisions of section 105a contained in chapter v-a there under consideration, the commissioner in relation to premises belonging to or vesting in, or ..... lease expired called upon him to hand over vacant possession of the premises. on the appellant failing to do so the collector issued a notice under section 4 of the punjab act requiring the appellant to show cause why an order of eviction should not be passed under section 5. this court while holding that 'there is an intelligible differentia between occupiers ..... punjab public premises and land (eviction and rent recovery) act, 1959 was under consideration. the state had leased its premises to the appellant therein ..... void. notices have been issued to the petitioners under section 6 of that act in order to evict them from a certain piece of land claimed to be government land. the challenge to the constitutional validity of the act is based solely on the decision of this court in northern india caterers v. punjab : [1967]3scr399 . in that case the validity of the .....

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Dec 04 1974 (SC)

Ganpat Vs. Returning Officer and ors.

Court : Supreme Court of India

Decided on : Dec-04-1974

Reported in : AIR1975SC420; (1975)1SCC589; [1975]2SCR923

..... to look down upon the bengali muslims. till recently muslims, hindus and sikhs used to call them-selves as rajput muslims, rajput sikhs, muslim jatsvand hindu jats. because of the punjab legislation preventing alienation of agricultural land many muslims described themselves as agricultural tribes. at least in the south of india till recently there were churches where, places were separately reserved ..... any, in the notice of withdrawal (document no. 6) ?(c) can these notices be said to be legally tendered as required by section 37 of the representation of the people act, 1951 ?(d) if not, its effect (e) has the acceptance of the withdrawal of the respondent no. 11 materially changed the election results ?10. (a) are the respondents 2 and .....

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Oct 17 1974 (SC)

Roshanlal Kuthalia and ors. Vs. R.B. Mohan Singh Oberoi

Court : Supreme Court of India

Decided on : Oct-17-1974

Reported in : AIR1975SC824; (1975)4SCC628; [1975]2SCR491

..... ashore. in the present case the equity arises largely from the iniquity of a foreign government's refusal, for reasons we cannot guess, to carry out the directions of its municipal courts. this uniqueness cannot be missed.37. sri desai drew our attention to chowlhmull maitganmull v. the calcutta wheat and seeds association i.l.r. 51 cal. 1010, sheo ..... estates' in the accounts of the deputy rehabilitation commissioner (rent and repairs), lahore under intimation to this office.(sd.) ghulam shabbir, deputy secretary rehabilitation, for rehabilitation commissioner andsecretary to government punjab u. reh. ace. g/333, dated lahore, 4th january, 1954.'9. thus the amount remained frozen. a couple of days later (january 6) the defendant kuthalia ..... tall a jurisprudential proposition in any system. for, equity is not anti-law but a moral dimension of law rather, it is the grace and conscience of living law acting only interstitially. the quintessence of this concept may be stated thus:all great systems or jurisprudence have a mitigating principle or set of principles, by the application of which substantial ..... through his advocate shri naunit lal, as required by the supreme court rules (this statement has pertinence to the point regarding limitation vis-a-vis section 19 of the limitation act, to be dealt with later). the court, after stating the facts of the long litigation, punctuated by the puzzling waves of evacuee legislation, by-passed issues unnecessary to the .....

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