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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: supreme court of india Year: 1986 Page 1 of about 19 results (0.102 seconds)

Aug 20 1986 (SC)

Tarlok Singh Vs. Municipal Corporation of Amritsar and anr.

Court : Supreme Court of India

Decided on : Aug-20-1986

Reported in : AIR1986SC1957; (1986)90PLR540; 1986(2)SCALE299; (1986)4SCC27; [1986]3SCR617; 1986(2)LC469(SC)

..... the procedure of a civil suit as provided in the cpc will have to be followed in view of language of section 384 of the punjab municipal corporation act, 1976. section 384 reads as follows:the procedure provided in the cpc, 1908, in regard to suits shall be followed, as far as ..... . it was contended before us by the learned counsel for the appellant that in view of the language of section 384 of the punjab municipal corporation act, 1976 in this appeal before the district judge the procedure of a civil suit as provided in the cpc will have to be ..... shopkeepers similarly situated were given a notice to show cause by the municipal corporation, amritsar and under section 269(1) of the punjab municipal corporation act, 1976. this was a composite notice also under section 270(1) of the said act. the petitioner received this notice along with other shopkeepers in the first ..... half of october 1981.4. the petitioner and other shopkeepers submitted their replies to the commissioner of municipal corporation and ..... the procedure of a civil suit thereby framing of issues and recording of evidence is necessary whereas the learned counsel for the respondent municipal corporation contended that the language of section 384 only provides that in these proceedings before the district judge the procedure of a civil .....

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Dec 17 1986 (SC)

T.R. Kapur and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Decided on : Dec-17-1986

Reported in : AIR1987SC415; 1986LabIC238; (1987)IILLJ25SC; 1986(2)SCALE1051; 1986Supp(1)SCC584; [1987]1SCR584

..... the state government having been made without the previous approval of the central government as enjoined by the proviso to section 82(6) of the punjab reorganisation act, 1966. it is urged that any rule which affects the promotion of a person relates to his conditions of service, although mere chances of ..... disadvantage except with the previous approval of the central government. 7. it is quite clear that the proviso to section 82(6) of the punjab reorganisation act, 1966 is in the nature of a fetter on the power of the governor under the proviso to article 309 of the constitution to ..... all eligible officers belonging to class ii service for promotion to the class i service. 6. sub-section (6) of section 82 of the punjab reorganisation act, 1966 provides: 82(6). nothing in this section shall be deemed to affect on or after the appointed day the operation of the provisions ..... articles 14 and 16(1) of the constitution and also ultra vires the state government by reason of the proviso to section 82(6) of the punjab reorganisation act, 1966. the purport and effect of the impugned notification is to nullify the decision of this court in a.s. parmar v. state of haryana ..... panchayat service. the court speaking through chin nappa reddy, j. observed: now, in 1978 before the amending act was passed, thanks to the provisions of the principal act of 1961, the ex-municipal employees who had been allocated to the panchayat service as secretaries, officers and servants of gram and nagar panchayats, .....

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Mar 14 1986 (SC)

Umaji Keshao Meshram and ors. Vs. Radhikabai, Widow of Anandrao Banapu ...

Court : Supreme Court of India

Decided on : Mar-14-1986

Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)

..... at fort william in bengal was styled as the high court at calcutta. section 2 of the indian high courts act, 1911, amended section 16 of the indian high courts act, 1861, to enable the crown to establish by letters patent a high court in any portion of british india ..... writs possessed by the chartered high courts was an exercise of original jurisdiction (see mahomedalli allabux v. ismailji abdulali, raghunath keshav khadilkar v. poona municipality and anr., ryots of garabandho and other villages v. zamindar of parlakimedi and anr.and moulvi hamid hasan nomani v. banwarilal roy and ors. ..... to be the members of the constituent assembly of india, and there were fresh elections in the new provinces of west bengal and east punjab. the result was that when the constituent assembly reassembled on october 31, 1947, its membership was 299 only, including 70 representatives of the ..... the constituent: assembly reassembled as the sovereign constituent assembly for the dominion of india. as a result of the partition, the representatives of bengal, punjab, sind north-west frontier province, baluchistan, and the sylhet district of assam (which district had joined the dominion of pakistan by a referendum) ceased ..... was held on the ninth day of december, nineteen hundred and forty-six, modified -(i) by the exclusion of the members representing bengal, the punjab, sind and british baluchistan; and(ii) should it appear that the north-west frontier province will form part of pakistan, by the exclusion of .....

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Jan 28 1986 (SC)

Om Parkash Agarwal and ors. Vs. Giri Raj Kishori and ors.

Court : Supreme Court of India

Decided on : Jan-28-1986

Reported in : AIR1986SC1707; [1987]164ITR376(SC); 1986(1)SCALE110; (1986)1SCC722; [1986]1SCR149; 1986(1)LC394(SC)

..... of agricultural produce, or in the notified area purchases, sells, stores or processes such agricultural produce. a 'notified market area' means any area notified under section 6 of the punjab agricultural produce markets act, 1961 to be a notified market area. 'agricultural produce' means all produce whether processed or not, of agriculture, horticulture, animal husbandry or forest as may be prescribed. ..... its contention the state government has relied upon the decisions of this court in sreenivasa general traders and ors. etc. v. state of andhra pradesh and ors. etc., : [1983]3scr843 ., municipal corporation of delhi and ors. v. mohd. yasin etc. : [1983]142itr737(sc) ., and southern pharmaceuticals & chemicals trichur and ors. etc. v. state of kerala and ors. etc. : [1982]1scr519 ..... the population of which does not exceed 20,000 person. it need not necessarily be a local area as it is ordinary understood. ordinarily a local area means a municipal corporation, a town municipality, a panchayat, a notified area, a sanitary board etc. any geographical area the population of which does not exceed 20,000 persons can be conveniently brought within ..... a marketing committee or as the benefit which a person living in a town or a city would derive by the expenditure incurred by the municipality concerned. the fact that the fund is created under the act is a mere cloak to cover the true character of the levy in question. there is practically no difference between the consolidated fund which .....

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Apr 10 1986 (SC)

Commissioner of Sales Tax, U.P. Vs. Auriaya Chamber of Commerce, Allah ...

Court : Supreme Court of India

Decided on : Apr-10-1986

Reported in : AIR1986SC1556; 1986(25)ELT687(SC); [1987]167ITR458(SC); 1986(1)SCALE1068; (1986)3SCC50; [1986]2SCR430; [1986]62STC327(SC)

..... the provisions in the statute barring a suit in respect of the order made. this decision was rendered in bharat kala bhandar (private) ltd. v. municipal committee, dhamangaon, air 1966 ; 28. as we read this order in the instant case, when the assessee or dealer made an application for revision, ..... maintainable under section 13 (as originally passed). there this court after referring to the judicial committee's decision in commr. of income-tax, west punjab v. tribune trust, lahore held that such an order by the taxing authority was not possible but it has to be borne in mind that ..... turnover of indivisible building contract were ultra vires the powers of the state legislature and, therefore, void, the sales tax. authorities had acted outside the act and not under it in making the assessment on the appellant on the basis of the relevant part of the charging section which was ..... 24th may, 1959. the sales tax officer had dismissed the application as barred by limitation under article 96 of the first schedule of the indian limitation act, 1908.30. the assessee filed revision before the court of additional judge (revisions) rejecting the claim for refund. if law of limitation , is ..... court on 23rd march, 1955, for recovery, of the amount of taxes illegally levied and collected from them. the relevant provisions of the act empowering the sales lax authorises to impose sales tax on indivisible building contracts were unconstitutional and void and the sales tax authorities had no jurisdiction to .....

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Jul 17 1986 (SC)

Commissioner of Income Tax, Haryana, Himachal Pradesh and Delhi and or ...

Court : Supreme Court of India

Decided on : Jul-17-1986

Reported in : AIR1986SC1477; (1986)58CTR(SC)129; 1986(10)ECC96; 1986(26)ELT10(SC); [1986]161ITR505(SC); JT1986(1)SC220; 1986(2)SCALE47; (1986)3SCC489; [1986]3SCR294

..... reports 688 (bombay).11. in that case, after referring to the views expressed by the division bench of allahabad high court and division bench of punjab and haryana high court in the judgment under appeal and the calcutta high court, as indicated before, chandurkar j. of the bombay high court observed ..... possession. section 132(1)(c) did not contemplate that the person who has not disclosed his income or property for the purposes of the income-tax act should himself be in possession of money, bullion, etc. representing such income. clause (c) spoke of 'any person who is in possession' and ..... ) that amount was directed to be released.12. it is true that the title was not transferred to the customs authorities by seizure under the customs act. but in the context, in which the expressions 'possession' and 'seizure' have been used, it cannot be considered to mean that the possession was ..... or other valuable article or thing represents either wholly or partly income or property which has not been disclosed for the purposes of the act or the income-tax act of 1922. it is the character of money or assets as undisclosed income or property and their possession that gives jurisdiction to issue ..... and 227 of the constitution the order of the income tax department dated 10th may, 1972, passed under section 132 of the income-tax act, 1961 (hereinafter called the 'act') and rule 112(ii) of the income-tax rules, 1962 (hereinafter called the 'rules') was challenged. the division bench by the impugned .....

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Apr 06 1986 (SC)

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Decided on : Apr-06-1986

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)

..... as in part iii. the expression 'local authority' is defined in clause (31) of section 3 of the general clauses act as follows: (31) 'local authority' shall mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the government with, the control ..... of august 14, 1947, as the sovereign constituent assembly for india. after partition and fresh elections in the new provinces of west bengal and east punjab, it re-assembled on october 31, 1947, and thereafter on november 26, 1949 adopted and enacted the constitution of india. 32. before commencing its ..... still have found no key to be unlocked. 44. in rai sahib ram jawaya kapur and ors. v. the state of punjab : [1955]2scr225 , the state of punjab, which used to select books published by private publishers for prescribing them as text-books and for this purpose used to invite offers ..... applicability of fundamental rights in a given situation.55. at the first blush it may appear that the case of s.s. dhanoa v. municipal corporation, delhi and ors. : 1981crilj871 runs counter to the trend set in the authorities cited above but on a closer scrutiny it turns out ..... regulation 48 of the air india employees' service regulations framed by air india international. air india international is a corporation established under the air corporations act, 1953 (act no. 27 of 1953) and it is indisputably 'the state' within the meaning of article 12 of the constitution. under clause (a) of .....

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Dec 09 1986 (SC)

Shivajirao Nilangekar Patil Vs. Dr Mahesh Madhav Gosavi and ors.

Court : Supreme Court of India

Decided on : Dec-09-1986

Reported in : AIR1987SC294; (1987)89BOMLR65; JT1986(1)SC1071; 1986(2)SCALE977; (1987)1SCC227; [1987]1SCR458; 1987(1)LC88(SC)

..... maharashtra, nilangekar patil, the appellant in the first appeal. the same principles in respect of affidavit evidence were reiterated in different context by this court in tara chand khatri v. municipal corporation of delhi and ors. : (1977)illj331sc . this court reiterated that the high court was not too wrong in dismissing the writ petition in limine in that case because a ..... without issuing notice. dr. singhvi submitted that precisely the same was the position in the instant case.40. reliance was also placed on sukhvinder pal bipan kumar v. state of punjab and ors. : [1982]2scr31 where at page 40 of the report after dealing with the allegations in the writ petition, this court observed that the allegations in the writ petition ..... . after noting the alleged incidents, the chief justice rejected these events and indicated that from the affidavit evidence it could not have been said that the chief minister had committed acts of violence or intimidation and the entire afidavit evidence established beyond any measure of doubt that the allegations of the petitioner in that case imputing mala fides against the chief ..... by pratical examination which was held between 4th november and 9th november, 1985. the university had appointed four paper-setters and examiners in accordance with the necessary provisions of the act, two of which were internal examiners, namely dr. m,y. rawal as mentioned hereinbefore and one dr. s.n. mukherjee from indian navy. there were two external examiners who were .....

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Apr 08 1986 (SC)

J.P. Sharma Vs. Vinod Kumar JaIn and ors.

Court : Supreme Court of India

Decided on : Apr-08-1986

Reported in : AIR1986SC833; (1986)2CompLJ1(SC); 1986CriLJ917; 1986(2)Crimes1(SC); 1986(1)SCALE859; (1986)3SCC67; [1986]2SCR388

..... could only be exercised by government notification and not by notice.45. the power under section 482, criminal procedure code, has been examined by this court in municipal corporation of delhi v. ram krishan rohtagi and ors. : 1983crilj159 . it was laid down clearly that the test was that taking the allegations and ..... 10 crores. the letter of credit was to be operative for rs. 10 crores in the first instance in view of letter of guarantee of punjab national bank (hereinafter called as pnb) delhi. shri vinod kumar jain was alleged to have authorised to sign and execute all documents as would ..... stand trial.44. it may be mentioned that the import control order, 1955 passed by the central government under sections 3 and 4a of the act laid down restrictions on the import of newsprint (imprint of newspaper-dictated) which had been considered in the case of bennett coleman & co. and ..... said complaint.13. the complaint was under section 120b of indian penal code and the substantive offence alleged was under section 5 of the said act. it was stated that the complaint was being filed on the basis of investigation conducted by special police establishment, central bureau of investigation and ..... petitions arose out of a complaint under section 120b of the indian penal code and section 5 of the imports and exports (control) act, 1947 (hereinafter called the 'act') which had been made by the deputy chief controller of imports and exports, shri j.p. sharma of which the learned metropolitan magistrate .....

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Oct 21 1986 (SC)

Late Nawab Sir Mir Osman Ali Khan Vs. Commissioner of Wealth Tax, Hyde ...

Court : Supreme Court of India

Decided on : Oct-21-1986

Reported in : AIR1987SC522; (1986)57CTR(SC)89; [1986]162ITR888(SC); JT1986(1)SC684; 1986(2)SCALE626; 1986Supp(1)SCC700; [1986]3SCR1072

..... capable of connoting interest less than absolute perfect legal title. see in this connection the observations of this court in raja mohammad amir ahmed khan v. municipal board of sitapur and anr. : air1965sc1923 . this court observed in that case that though the expression 'belonging to' no doubt was capable of denoting ..... 25. on this aspect, it may also be mentioned that our attention was drawn to some decisions which we shall presently note.26. the punjab and haryana high court in the case of smt. kala rani v. commissioner of income-tax, patiala-i had occasion to discuss this aspect of ..... -over to the purchasers belonged to the assessee for the purpose of inclusion in his net wealth? section 53a of the transfer of property act gives the party in possession in those circumstances the right to retain possession. where a contract has been executed in terms mentioned hereinbefore and ..... consideration money from the purchasers and the purchasers having been put into possession were protected in terms of section 53a of the transfer of property act and the term 'owner' not only included the legal ownership but also the beneficial ownership. the first question arises in the context of that ..... the matter. but the punjab and haryana high court was construing the meaning of the expression 'owner' under section 22 of the income-tax act, 1961. there, the division bench of the punjab & haryana high court held that the assessee occupied the property after the .....

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