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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: supreme court of india Year: 1988 Page 1 of about 25 results (0.125 seconds)

Aug 17 1988 (SC)

Sub-divisional Officer and Others Vs. Dr. Mehar Singh and Others

Court : Supreme Court of India

Decided on : Aug-17-1988

Reported in : AIR1989SC206; JT1988(3)SC470; 1988(2)SCALE391; (1988)4SCC200; [1988]Supp2SCR467

..... appeals raise a common point. they arise out of two out of a batch of writ petitions, disposed of by the punjab and haryana high court, which challenged the validity of section 244 of the punjab municipal act. the high court concluded that, both on principle and precedent, the provisions should be struck down as they plainly suffer from ..... for constituting any local area as a municipality is set out in sections 4 to 10 (chapter ii) of ..... the taint of unconstitutionality. the state of punjab has preferred these appeals.2. the punjab municipal act (hereinafter referred to as the 'act') was an act to make better provisions for the administration of municipalities in punjab. the procedure ..... the act. under section 4 the state government is empowered by notification to propose .....

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Jan 29 1988 (SC)

D.N. Malhotra Vs. Kartar Singh

Court : Supreme Court of India

Decided on : Jan-29-1988

Reported in : JT1988(1)SC213; 1988(1)SCALE223; (1988)1SCC656; [1988]2SCR833; 1988(1)LC572(SC)

..... tenant on the date of his discharge from service entitling him to avail of the benefit of the provisions of section 13-a of the punjab act.14. for the reasons aforesaid we allow the appeal and set aside the judgments and orders of the courts below. in the facts and ..... a specified landlord after his retirement to make an application for ejectment of his tenant within one year after commencement of the amended act as occurs in the punjab act the ratio of the decisions in those cases cited before the court would not apply. this view of the learned single judge in ..... year after the date of his retirement or after his retirement but within one year of the date of commencement of the east punjab urban rent restriction (amendment) act, 1985, whichever is later, applies to the controller along with a certificate from the authority competent to remove him from service indicating ..... contest the petition on the following ground:whether the petitioner is a specified landlord as defined in section 2(hh) of the east punjab urban rent restriction (amendment) act, 1985. 4. the petitioner-landlord examined himself and he also filed a certificate issued to him by regional settlement commissioner who was ..... court of rent controller, kapurthala under section 13-a of the east punjab urban rent restriction (amendment) act, 1985, stating inter alia that dr. d.m.malhotra is a tenant in respect of his house no. 694-ba within kapurthala municipality; that he was in arrears of rent since 22nd december, 1984; .....

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Mar 22 1988 (SC)

Hindu Kanya Maha Vidyalaya, Jind and anr. Vs. Municipal Committee, Jin ...

Court : Supreme Court of India

Decided on : Mar-22-1988

Reported in : AIR1988SC2139; JT1988(2)SC15; 1988Supp(1)SCC719

..... . improvement trust, jind constituted under the punjab town improvement act, 1922, acquired a large area of land for the purpose of its scheme no. 5 for development of housing and commercial complex. award was declared on 15-7-1976. thereafter, possession of the land was taken by the municipal committee as the trust was succeeded by municipal committee. the committee sold some portion of ..... in the event of compensation being enhanced, the appellants will be liable to pay the same to the municipal committee. on a reference being made under section 18 of the land acquisition act, compensation was enhanced by the tribunal constituted under pubjab town improvement act. during the pendency of the proceedings before the tribunal sanatan dharam high school, appellant no. 2 made application ..... . 2 was not an 'interested person' within the meaning of expression under section 3(b) of the land acquisition act, 1894. the tribunal gave its award on 5th november, 1985 under which it enhanced the compensation as a result of which the municipal committee made demand from the appellant for payment of enhanced amount of compensation. the appellants thereupon filed a writ .....

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Jul 20 1988 (SC)

Accountant and Secretarial Services Pvt. Ltd. and anr. Vs. Union of In ...

Court : Supreme Court of India

Decided on : Jul-20-1988

Reported in : AIR1988SC1708; JT1988(3)SC78; 1988(2)SCALE53; (1988)4SCC324; [1988]Supp1SCR493; 1988(2)LC471(SC)

..... v. allah rakhia, air 1947 pc 72. in that case the question was whether the punjab restitution of mortgaged lands act, an act of the punjab legislature, was void as being ultra vires of the punjab legislature. the act applied to mortgagees in possession of certain lands. the expression 'land' was defined as 'land ..... , the primary target of the legislation was only urban land, the ways and means of developing it and proper utilisation of land situate within the municipal limits. these decisions no doubt establish two propositions : (1) the opening word 'land' in entry 18 is not restricted to agricultural land as ..... and ors., : [1967]3scr65 . the question here arose in the context of the bombay town planning act. a scheme drafted by the ahmedabad municipal corporation after following the procedure prescribed under the act was sanctioned by the state government. as a result of this the petitioners were allotted a much smaller ..... that clearly pertained to land-in fact, land governed by systems of land tenure prevalent in the states of uttar pradesh and punjab. in allah rakhia, the impugned act was limited to agricultural land and, since the items in the concurrent list excluded such land, was covered by entry 21. ..... topic of discussion before us.10. it has been mentioned earlier that the bank had served a notice on the appellants under the 1956 act. this act, which received the assent of the president on 30th march, 1956, is on the pattern of the lease and rent control legislation prevalent .....

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Apr 26 1988 (SC)

Anil Kumar Neotia and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-26-1988

Reported in : AIR1988SC1353; (1988)2CompLJ91(SC); JT1988(2)SC227; 1988(1)SCALE817; (1988)2SCC587; [1988]3SCR738; 1988(2)LC77(SC)

..... warrant the interpretation that the protection is not to be available against acquisition of state property. any other construction would mean that properties of municipalities or other local authorities-which would admittedly fall within the definition of state in part iii either cannot be acquired at all or if acquired ..... out hereinbefore.16. learned attorney general drew our attention to the observations of this court in smt. somavanti and ors. v. the state of punjab and ors. : [1963]2scr774 where at page 792 of the report, this court analysed the submissions based on the observations of this court in ..... taken over by the acquisition. that was the only irresistible conclusion that followed from the construction of the documents and the history of the act. the act in question was passed to ensure the principles enunciated in clauses (b) and (c) of article 39 of the constitution. in that context ..... opinion, are not tenable because all these contentions were directly or indirectly dealt with in the aforesaid judgment. the preamble to the act provides as follows:an act to provide for the acquisition and transfer of certain textile undertakings of the swadeshi cotton mills co. ltd., with a view to ..... held by the swadeshi cotton mills vested in the central government and national textile corporation (hereinafter called 'ntc'), under sections 3 and 4 of the act. it was further held that in view of the amplitude of the language used, the immovable properties, namely, the bungalow no. 1 and .....

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Apr 20 1988 (SC)

Des Raj and ors Vs. State of Punjab and ors

Court : Supreme Court of India

Decided on : Apr-20-1988

Reported in : AIR1988SC1182; JT1988(2)SC145; 1988LabIC1713; (1988)IILLJ149SC; 1988(1)SCALE771; (1988)2SCC537; [1988]3SCR616; 1989(1)SLJ17(SC); 1988(2)LC40(SC)

..... , the employees in the department connected with that service, whether financial, administrative or executive, would be entitled to the benefits of the act. (6) if a department of a municipality discharges many functions some pertaining to industry as defined in the act and the other non-industrial activities, the predominant functions of the department shall be the criterion for the purposes of the ..... over 60 years have provided basic data to the design of multipurpose bhakhra nangal, beas and beas sutlej link projects which have transformed economies not only of the state of punjab but also of the state of haryana and rajasthan.the fact extracted from the report apparently give a picture of the activities of the irrigation department. there is a full ..... and laboratory experiments have to be conducted. the department undertakes this work as well.having shared with the neighbouring states almost entire water resources of the rivers flowing through the punjab water has now become a constraint to keep the tempo of the development of irrigated agriculture in the state. for this purpose it has not only become necessary to evaluate ..... towns in the state. the canal water supplies are also being made available for the industrial development in areas where no other source for water supplies exists.the state of punjab was reorganised in the year 1966 and a number of disputes on the sharing of water/powers with successor states cropped up. the issues regarding apportionment of ravi beas waters .....

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Aug 30 1988 (SC)

Rural Litigation and Entitlement Kendra Vs. State of U. P.

Court : Supreme Court of India

Decided on : Aug-30-1988

Reported in : AIR1988SC2187; (1989)1CompLJ105(SC); JT1988(3)SC787; 1988(2)SCALE1574; 1989Supp(1)SCC504; [1988]Supp2SCR690; 1988(2)LC680(SC)

..... of the position. similar order was made in regard to the b category mines situated in the shasradhara block. this court directed a category mines located within the mussoorie municipal limits and the remaining b category mines to submit schemes subjected to further enquiry and ordered:we accordingly appoint a high powered committee consisting of mr. d. bandyopadhyay, ..... other mines which are also operating under decrees/orders of courts as per the details below:_____________________________________________________ s.no. name of the lessee lease no. lease expired _____________________________________________________ 1. punjab lime 14(ii) 2.12.82 stone co. 2. ch. ved pal singh 16 2.12.82 3. seth ram avtar 17 2.12.82 4. sh. c ..... before the court. at page 219 of the reports, it was stated:the rules dealt with a situation prior to the coming into operation of 1980 act. '1980 act' was an act in recognition of the awareness that deforestation and ecological imbalances as a result of deforestation have become social menaces and further deforestation and ecological imbalances should be prevented ..... got rapidly depleted. to meet this alarming situation the forest (conservation) ordinance of 1980 was promulgated by the president and the ordinance was followed by the forest (conservation) act of 1980. the statement of objects and reasons, as far as relevant, point out:deforestation causes ecological imbalance and leads to environmental deterioration. deforestation had been taking place on .....

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Sep 22 1988 (SC)

P.M. Ashwathanarayana Setty and ors. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Decided on : Sep-22-1988

Reported in : AIR1989SC100; JT1988(4)SC640; 1988(2)SCALE844; 1989Supp(1)SCC696; [1988]Supp3SCR155

..... been held that it is for the governmental agencies, imposing the fee to justify its impost and its quantum as a return for some special services.in municipal corporation of delhi and ors, v mohd. yasin 1983 (3) scc 233 this court held:if with a view to provide a specific service, levy ..... perse be said that there is no correlation between the fee levied and the services rendered. (emphasis supplied) in kewal krishanpuri and another v state of punjab and other 1979 (3) scr 1244 this court said:that the element of quid pro quo may not be possible, or even necessary, to be ..... .1988 of the division bench of the karnataka high court upholding the validity of the corresponding provisions of the karnataka court fees and suit valuation act, 1958 (karnataka act for short) which similarly impose an ad-valorem court fee on the plaints, written statements, pleading set-off or counter claims, or memoranda ..... . while in respect of all other suits, appeals and proceedings an upper limit of court-fee of rs. 15,000/-is prescribed under the 'bombay act'. the bombay high court has, by its judgment now under appeal, held this prescription of ad-valorem court-fee without any upper limit on this class ..... court fee on proceedings for grants of probate and letters of administration. one of the grounds of challenge so far as this provision in the 'bombay act' is concerned, is the constitutional impermissibility of an unlimited exaction by way of court fee, which is common to other appeals as well. the other .....

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Aug 09 1988 (SC)

Rajbir Kaur and anr. Vs. S. Chokesiri and Co.

Court : Supreme Court of India

Decided on : Aug-09-1988

Reported in : AIR1988SC1845; JT1988(3)SC593; 1988(2)SCALE461; (1989)1SCC19; [1988]Supp2SCR310; 1988(2)LC554(SC)

..... court below that there was an unauthorised sub-letting-dismissing appellant's application under section 13 of the east punjab urban rent restriction act, 1949 (act) for an order for grant of possession.there were other grounds for eviction-one of them that there were unauthorised structural alterations; ..... grants an interest in the land; it is a licence if it gives a personal privilege with no interest in the land....in qudrat ullah v. municipal board, bareilly : [1974]2scr530 at 204 it was stated:.if an interest in immovable property, entitling the transferers to enjoyment, is created, it is ..... special leave, by the landlord arises out of and is directed against the judgment and order dated 23.8.1982 of the high court of punjab and haryana in civil revision application no. 2588 of 1980, allowing the respondent tenant's appeal and-in reversal of the concurrent findings of the ..... sub-lease was a lacking. it was further held that providing of services could not also be construed as consideration for purposes of the rent acts and that therefore, the second ingredient was also absent. the decision turned on the particular facts of the case. that case could be of ..... contemplates what are called 'possessory-licences' which confer a right of exclusive-possession, marking them off from the more usual type of licences which serve to authorise acts which would otherwise be trespasses. (see: john dewar; 'licences and land law'. modern law review vol. 49 no. 6 nov. 1986 and s. .....

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Aug 08 1988 (SC)

Dilbagrai Punjabi Vs. Sharad Chandra

Court : Supreme Court of India

Decided on : Aug-08-1988

Reported in : AIR1988SC1858; (1988)2CALLT34(SC); JT1988(3)SC308; 1988(2)SCALE523; 1988Supp(1)SCC710; [1988]Supp2SCR276; 1988(2)LC512(SC)

..... appellate court. the high court in second appeal has reversed the decision and passed a decree.2. the case is governed by the madhya pradesh accommodation control act, 1961 (hereinafter referred to as the act) and section 12(1)(f) deals with the ground of landlord's bona fide necessity with reference to buildings let out for non-residential purposes, in the ..... rent to the plaintiff who, therefore, is included in the expression 'landlord' as defined in the act as a person receiving or entitled to receive the rent whether on his own account or on account of any other person. in the register of the municipal corporation the property stands in the name of the plaintiff's brother hukum chand jain. on this .....

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