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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: us supreme court Year: 1960 Page 1 of about 13 results (0.084 seconds)

Jan 15 1960 (SC)

Ballabhdas Agarwala Vs. J.C. Chakravarty

Court : Supreme Court of India

Decided on : Jan-15-1960

Reported in : AIR1960SC576; 1960CriLJ752; [1960]2SCR739

..... categories under clauses (a), (b), (c) and (d). we are primarily concerned with clause (a), which talks of three things-" institute, defend, or withdraw from legal proceedings under the calcutta municipal act, 1923." it can hardly be doubted that the section does not compel the commissioners to institute, defend or withdraw from legal proceedings; for example, (1) (1936) l.r. 63 i ..... to permit withdrawal of the case. this contention was negatived, and it was held that s. 248 of criminal procedure code was- neither abrogated nor modified by s. 537 of the calcutta municipal act. it was incidentally observed that the corporation being a creature of the statute, it was necessary to give it specific power to institute, defend or withdraw from legal proceedings. we ..... in that case was entirely different. the question there raised was whether the provisions of s. 248 of the criminal procedure code were affected or abrogated by s. 537 of the calcutta municipal act. what happened in that case was that the sanitary inspector of the corporation as the complainant filed a petition of withdrawal but the magistrate rejected the application. on a later ..... that this was not a case of adulteration " at all, because there was, in fact, no butter fat, in the sample analysed. reference was made to a decision of the punjab high court in mangal mal v. the state (1) in support of the contention that the prosecution for the sale of " adulterated " butter was defective. no doubt, the ordinary sense .....

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Sep 13 1960 (SC)

The Bullion and GraIn Exchange Ltd. and ors. Vs. the State of Punjab

Court : Supreme Court of India

Decided on : Sep-13-1960

Reported in : AIR1961SC268; [1961]1SCR668

..... therefore allow this appeal, set aside the order of the high court and direct that the petition under art. 226 of the constitution be allowed and declare that the punjab forward contracts tax act no. vii of 1951 is void and unconstitutional as it is ultra vires the powers of the state legislature, that the notification made under the rules promulgated by ..... of carriage, and other special forms of contracts, but not including contracts relations to agricultural land'. it is common ground before us that the act must be held to be within the legislative competence of the punjab state legislature only if in pith and substance it fell within item 62 of the state list and if it did not so fall it ..... carry on the business of forward contracts or as commission agents for forward contracts unrestricted by the provisions of the said punjab forward contracts tax act no. vii of 1951 and the rules thereunder and not to enforce the provisions of this act and the rules. the appellants will get their costs in this court as also in the court below. 17. appeal ..... application the appellants who had been carrying on the business of commission agents in forward contracts at ludhiana alleged that the punjab forward contracts tax act, 1951 (punjab act no. vii of 1951), was ultra vires the powers conferred upon the state legislature and prayed for a declaration that the act and the notification made and the rules promulgated thereunder by the respondent, state of .....

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Nov 15 1960 (SC)

The State of Punjab Vs. Sodhi Sukhdev Singh

Court : Supreme Court of India

Decided on : Nov-15-1960

Reported in : AIR1961SC493; [1961]2SCR371

..... refuse the affidavit of a minister and insist on his personal attendance. the unpublished documents relating to defence, foreign relations and other documents of great public importance rarely come before municipal courts. occasionally documents of day-to-day administration of the state may be relevant evidence, but very often documents pertaining to mercantile or welfare activities of state would be ..... for the appellant and the state of bombay respectively, should be treated as arguments urged by interveners in the present appeal. mr. bindra, who appears for the appellant state of punjab in the present appeal, and mr. gopal singh who represents the respondent sodhi sukhdev singh, have substantially adopted the arguments urged by mr. seervai and mr. sastri respectively and have ..... 66. it was with this background of the state of the english law that sir james fitzjames stephen drafted the law of evidence which was enacted into the indian evidence act (act 1 of 1872). 67. scrutton, j., in asiatic petroleum company ltd. v. anglo-persian oil company ltd. [1916] 1 k.b. 822 which was a case between private parties ..... would cause injury to the public interest. 107. the learned advocate-general contends that this construction, if accepted, would give a meaning to the provisions of section 123 of the act which would be contrary to its tenor. he classifies documents relating to 'affairs of state' into noxious and innocuous documents, and contends that documents, whose disclosure would affect the .....

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Feb 22 1960 (SC)

The Brihan Maharashtra Sugar Syndicate Ltd. Vs. Janardan Ramchandra Ku ...

Court : Supreme Court of India

Decided on : Feb-22-1960

Reported in : AIR1960SC794; (1960)62BOMLR515; [1960]30CompCas468(SC); [1960]3SCR85

..... not indicate that the rights created by s. 153-c of the act of 1913 were intended to be destroyed. as we have earlier pointed out from state of punjab v. mohar singh 0043/1954 : 1955crilj254 , the contrary intention in the repealing act must show that the rights under the old act were intended to be destroyed in order to prevent the application of ..... act of 1956 not only repeals the act of 1913 but contains other fresh legislation on the matters enacted by the act of 1913. it was further observed in state of punjab v. mohar singh 0043/1954 : 1955crilj254 , that in trying to ..... s. 6 of the general clauses act. but it is said that s. 24 of the general clauses ..... . now it has been held by this court in state of punjab v. mohar singh 0043/1954 : 1955crilj254 , that s. 6 applies even where the repealing act contains fresh legislation on the same subject but in such a case one would have to look to the provisions of the new act for the purposes of determining whether they indicate a different intention. the .....

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Dec 05 1960 (SC)

Jagat Dhish Bhargava Vs. Jawahar Lal Bhargava and ors.

Court : Supreme Court of India

Decided on : Dec-05-1960

Reported in : AIR1961SC832; [1961]2SCR918

..... drawn up the decree would have any bearing or relevance on the point or not (vide : gela ram v. ganga ram a.i.r. (1920) 1 lah. 223 municipal committee, chiniot v. bashi ram a.i.r. (1922) lah.170 mubarak ali shah v. secretary of state a.i.r. (1925) lah. 438 nur din v. ..... a certified copy of the decree and then proceed with the appeal. 15. in this connection our attention has been drawn to the fact that in the punjab high court two conflicting and inconsistent views appear to have been taken in its reported decisions. dealing with appeals filed without a certified copy of the decree some ..... array of authorities against him he did not raise any contention about the validity of the view take in all those cases. (vide : tarabati koer v. lala jagdeo narain (1911) 15 c.w.n. 787 bani madhub mitter v. mathungini dassi & ors. (full bench) i.l.r.(1886) cal. 104 gabriel christian v. chandra mohan missir ( ..... presentation of the appeal on december 23, 1959, is in time or not would depend upon the construction of section 12, sub-section (2) of the limitation act. we have already noticed that the period prescribed for filing the present appeal is 90 days from the date of the decree. section 12, sub-section (2) ..... in the present case. in law the appeal is not so much against the judgment as against the decree; that is why article 156 of the limitation act prescribes a period of 90 days for such appeals and provides that the period commences to run from the date of the decree under appeal. therefore there .....

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Feb 03 1960 (SC)

Moti Ram Vs. Suraj Bhan and ors.

Court : Supreme Court of India

Decided on : Feb-03-1960

Reported in : AIR1960SC655; [1960]2SCR896

..... not be evicted therefrom except in accordance with the provisions of this section, or in pursuance of an order made under s. 13 of the punjab urban rent restriction act, 1947 as subsequently amended. section 13, sub-s. (2) provides for an application in to be made by a landlord who seeks to ..... about the rebuilding of the shop the appellate court observed that respondent 1 had got the plan approved and had also got the sanction from the municipal committee to reconstruct the building so as to be able to make a ground for getting the appellant ejected from the shop. 3. this appellate ..... present proceedings for his personal use and that respondent 1 wanted to reconstruct the shop for which necessary sanction had been obtained by him from the municipal committee of gurgaon and the plan prepared in that behalf had been duly approved. this claim was resisted by the appellant who disputed the correctness and ..... , and soon thereafter he applied to the rent controller for the eviction of the appellant under s. 13 of the east punjab urban rent restriction act, 1949 (3 of 1949) (hereinafter called the act). this application was based on four grounds. it was urged that the appellant was a habitual defaulter and was in arrears ..... s. 13(3)(a)(iii) was bona fide. soon after he purchased the house he decided to reconstruct the building, moved the municipality with his plan and obtained its sanction. it is difficult to understand how on these facts it would be permissible to hold that the landlord is .....

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Apr 22 1960 (SC)

Brijendralal Gupta and anr. Vs. Jwalaprasad and ors.

Court : Supreme Court of India

Decided on : Apr-22-1960

Reported in : AIR1960SC1049; [1960]3SCR650

..... with that point this court had to consider the effect of s. 23 of the c.p. and berar municipalities act, 2 of 1922, which provided that anything done or any proceeding taken under the said act shall not be questioned on account of any defect or irregularity not affecting the merits of the case. so the ..... cockburn, c.j., held that the 9 votes whose validity was impeached had to be struck off because they had not complied with s. 32 of the municipal corporation act (5 & 6 wm. 4, c. 76) and so s. 142 could not cure their defect. the voting papers in question contained the christian name and ..... is why it was held that the rejection of the nomination paper could not be said to be improper. one of the points urged before the punjab high court was that the omission to state the age was not a defect of a substantial character but the high court did not feel called upon ..... . 189 19. there is one more decision on which the respondents have relied. in pt. charanjit lal ram sarup v. lahri singh ram narain , the punjab high court was dealing with a case where the nomination paper of a candidate had been rejected not only on account of the omission to state the age in ..... 2 were declared duly elected to the general and the reserved seat respectively. thereupon jwalaprasad, respondent 1, filed an election petition under s. 81 of the act challenging the election of the appellants on several grounds, one of which was that the nomination of respondent 5 had been improperly rejected. he, therefore, prayed .....

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Nov 21 1960 (SC)

The Hingir-rampur Coal Co. Ltd. and ors. Vs. the State of Orissa and o ...

Court : Supreme Court of India

Decided on : Nov-21-1960

Reported in : AIR1961SC459; [1961]2SCR537

..... into fees, by the process of attaching certain services and creating a fund. 59. the third case is ralla ram v. the province of east punjab (1948) f.c.r. 207 that was a case of a tax on lands and buildings and annual value was the basis on which the tax ..... a tax into a fee on that basis. 58. the next case to which reference was made is municipal corporation, ahmedabad v. patel gordhandas hargovandas : air1954bom188 in that case the ahmedabad borough municipality had levied a rate on open lands and the basis of the levy was one per centum of the ..... religious endowments, madras v. sri lakshmindra thirtha swamiar of sri shirur mutt : [1954]1scr1005 the vires of the madras hindu religious and charitable endowments act 1951 (madras act xix of 1951), came to be examined amongst the sections challenged was section 76(1). under this section every religious institution had to pay to the ..... that the declaration covers the field of conservation and development of minerals, and the said field is indistinguishable from the field covered by the impugned act. what entry 23 provides is that the legislative competence of the state legislature is subject to the provisions of list i with respect to regulation ..... and effect cannot be exaggerated. in ralla ram v. the province of east punjab (1948) f.c.r. 207 the federal court had to consider the character of the tax levied by section 3 of the punjab urban immovable property tax act xvii of 1940. section 3 provided as follows : 'there shall be charged, .....

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Nov 23 1960 (SC)

Abdul Hakim Quraishi and ors. Vs. the State of Bihar

Court : Supreme Court of India

Decided on : Nov-23-1960

Reported in : AIR1961SC448; 1961CriLJ573; [1961]2SCR610

..... are these. under the rule the prescribed authority for the purpose of section 3 of the act consists of the veterinary officer and the chairman or chief officer of a district board, municipality etc. unless both of them concur, no certificate for slaughter can be granted. it is pointed ..... respondent state has relied on the chart embodying some useful data about domestic animals, prepared by major a. c. aggarwala, director of veterinary services, punjab, and r. r. gulati, superintendent, veterinary department, jullandur, which shows the sterility age of a buffalo at 15 and average age at 25, ..... infringes the fundamental right of the petitioners and is to that extent void. (3) now, we come to the madhya pradesh act. several provisions of this act have been challenged before us as imposing unreasonable restrictions on the fundamental right of the petitioners. section 4 deals with prohibition of ..... the uttar pradesh prevention of cow slaughter (amendment) ordinance, 1958. this ordinance was later repealed and replaced by the act. the petitioners say that in the bill as originally drafted the age limit below which slaughter was not permissible was put at 15 years; but ..... restrictions indicated above, on the right of the petitioners. (2) we now proceed to consider the uttar pradesh prevention of cow slaughter (amendment) act, 1958. after the decision of this court in md. hanif quareshi v. the state of bihar : [1959]1scr629 an ordinance was passed called .....

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Mar 14 1960 (SC)

In Re: the Berubari Union and Exchange of Enclaves Reference Under Art ...

Court : Supreme Court of India

Decided on : Mar-14-1960

Reported in : AIR1960SC845; [1960]3SCR250

..... learned attorney-general contended that this position is concluded by a decision of this court in rai sahib ram jawaya kapur & ors. v. the state of punjab : [1955]2scr225 . dealing with the question about the limits within which the executive government can function under the indian constitution chief justice mukherjea, who delivered ..... to india, and as from that date the government of india assumed control and jurisdiction over chandernagore under s. 4 of the foreign jurisdiction act, 1947 (act 47 of 1947). relevant notification was issued by the government of india under the said section as a result of which certain indian laws were ..... the learned attorney-general can derive any assistance from the decision in the case of the state of south australia v. the state of victoria (1911) 12 c.l.r. 667 in support of his construction of the agreement. 29. in view of our conclusion that the agreement amounts to cession ..... with this topic we ought to refer to the decision of the australian high court in the state of south australia v. the state of victoria (1911) 12 c.l.r. 667 on which reliance has been placed by the learned attorney-general. in that case the boundary between the state of ..... operation at all. 7. on june 30, 1947, the governor-general made an announcement that it had been decided that the province of bengal and punjab shall be partitioned. accordingly, a boundary commission was appointed, inter alia, for bengal consisting of four judges of high courts and a chairman to be .....

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