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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: us supreme court Year: 1966 Page 1 of about 17 results (0.075 seconds)

Mar 24 1966 (SC)

Dalchand and ors. Vs. Delhi Improvement Trust (Now Delhi Development A ...

Court : Supreme Court of India

Decided on : Mar-24-1966

Reported in : AIR1967SC87; [1966]SuppSCR27

..... the company under the general supervision and control of the trust, and in accordance with the town planning scheme framed under s. 192 of the punjab municipal act. the decree passed by the falshaw, j., was confirmed by a division bench of the high court. with certificate granted by the high court, ..... the trust is of opinion that it is expedient and for the public advantage to control and provide for the future expansion of a municipality in any area to which this act is extended, the trust may frame a scheme (to be called a 'town expansion scheme'). (2) such scheme shall show the ..... appeal to the senior subordinate judge with appellate powers the decree passed by the trial court was affirmed. in second appeal to the high court of punjab, falshaw, j., reversed the decree passed by the first appellate court. in the view of the learned judge, since the original industrial area scheme ..... that scheme, but we are unable to accept that contention. the appellants by their plaint challenged the application of the u.p. town improvement act, the constitution of the trust and the various steps taken by the trust resulting in the acquisition of their land. the original scheme was ..... any way with their enjoyment of the lands. the appellants in support of their claim contended that the notification extending the united provinces town improvement act, 8 of 1919, was invalid, that the improvement trust was not lawfully constituted, that the industrial development schemes were invalid, that the trust .....

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Dec 07 1966 (SC)

Superintendent and Legal Remembrancer, State of West Bengal Vs. Corpor ...

Court : Supreme Court of India

Decided on : Dec-07-1966

Reported in : AIR1967SC997; 1967CriLJ950; [1967]2SCR170

..... statute binding the state in respect of certain specific matters may give rise to the necessary implication that the state is not bound in respect of other matters. the calcutta municipal act, 1951 contains special provisions exempting the government from some of its provisions. section 167(2) exempts from the consolidated rate certain open spaces and parade grounds which are the property ..... judgment, no sufficient reason to justify any distinction in the application of the rule of interpretation to statutes concerning sovereign authority and trading activity. under the provisions of the calcutta municipal act the owner or occupier of a market is required to take out a license. but there is no express reference to the state: nor is there anything peculiar in the ..... , the director of rationing and distribution was using certain premises in calcutta for storing rice flour, etc. without taking out any licence under s. 385 (1)(a) of the calcutta municipal act, 1923. the corporation of, calcutta filed a complaint against the said director in the magistrate's court for the contravention of the said provision. this court held that the state ..... calcutta high court and the patna high court. in the courts in the mufassal, the civil courts acts e.g. bengal, agra and assam civil courts act, 1887 s. 37; the punjab laws act, 1872, s. 5; the central provinces laws act, 1875, ss. 5, 6; the oudh laws act, 1876, s. 3. require the courts to decide cases according to justice, equity and good conscience .....

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Nov 23 1966 (SC)

Municipal Corporation of Delhi Vs. Ghisa Ram

Court : Supreme Court of India

Decided on : Nov-23-1966

Reported in : AIR1967SC970; 1967CriLJ939; 1967MhLJ737(SC); (1967)69PLR300; [1967]2SCR116

..... until after the prosecution was launched, nor did the subsequent report have the effect of completely superseding the earlier report of the analyst. 11. in municipal corporation, gwalior v. kishan swaroop : air1965mp180 , it was held that, where there was delay in launching the prosecution, it deprived the accused of ..... , and holds a licence from running his shop in defence colony in new delhi. on september 20, 1961, the food inspector of the municipal corporation of delhi visited the shop of the respondent and took a sample of curd of cow's milk for the purpose of testing whether ..... below the prescribed standard, the respondent was prosecuted for committing an offence under section 16 of the act for contravening section 7 of the act. the complaint was filed before the magistrate on behalf of the appellant, municipal corporation of delhi, on may 23, 1962. on october 4, 1963, the respondent applied ..... accepted by the magistrate, and the respondent was acquitted. the appellant filed an appeal against this order of acquittal before the delhi bench of the punjab high court, but that court upheld the order of the magistrate. the appellant has now come up to this court, by special leave, against ..... the respondent was that the appellant instituted the prosecution of the respondent on may 23, 1962, and consequently, under s. 13(2) of the act, the right accrued to the respondent to have the sample sent for analysis only thereafter. section 13(2) specifically mentions that the accused vendor may .....

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Nov 04 1966 (SC)

Attar Singh Vs. Inder Kumar

Court : Supreme Court of India

Decided on : Nov-04-1966

Reported in : AIR1967SC773; (1967)69PLR80; [1967]2SCR50

..... ii) whatever may be the purpose for which the landlord required the land for his own use. the appellate authority followed the decision of the punjab high court in municipal committee, abohar v. daulat ram. i.l.r. [1959] punj 1131. the other points raised in the appeal were also decided in ..... increase in rents and from harassment by eviction consequent on the increase of population and the division of the punjab in 1947 and large movement of population in consequence thereof. the act deals with buildings - residential and non-residential - and also with rented land. in the present appeal we are ..... purpose of his business any other such rented land, and (c) he has not vacated such rented land without sufficient cause after the commencement this act, in the urban area concerned.' 6. the contention of the respondent-landlord which has found favour with the high court is that this provision applies ..... areas and eviction of tenants. the act thus is a piece of ameliorative legislation in the interests of tenants of premises in urban areas, so that they may be protected against large ..... authority and dismissed the revision. thereupon the appellant obtained special leave, and that is how the matter has come up before us. 5. the act was passed in 1949, and the purpose of the legislation was to restrict the increase of rent of certain premises situate within the limits of urban .....

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Jan 06 1966 (SC)

Ramesh and anr. Vs. Seth Gendalal Motilal Patni and ors.

Court : Supreme Court of India

Decided on : Jan-06-1966

Reported in : AIR1966SC1445; 1966MhLJ729(SC); [1966]3SCR198

..... words of art. 133(1) by reference to the history of appeals to the privy council under sections 109 and 110 of the code of civil procedure. in municipal officer, aden v. abdul karim i.l.r. 28 bom. 292. this distinction in fact was made and the provisions of the amended clause(40) of the ..... 248. 4. patni next moved the civil court and the civil court decided that the debt in question was a secured debt for the application of the abolition act. patni appealed to the high court but out of caution filed his statement of claim before the claims officer on january 23, 1958. the ex-proprietors (the ..... for rs. 2,16,309. patni objected that this had ceased to be secured debt or secured claim for the application of s. 17(a) of the abolition act. the objection was taken under s. 21. 3. the claims officer overruled the objection of patni by an order dated november 19, 1951. he held that ..... of the case in which the claims officer had discharged a debt due to the answering respondent. the revenue authorities in such matters act analogously to civil courts, have a duty to act judicially, and pronounce upon the rights of parties. in the present case the claims officer purported to exercise a jurisdiction under which he ..... in a decree it remained a secured debt nevertheless and that as the amount was recoverable on the date of vesting, the provisions of the act were applicable to it. by another order of the same date the claims officer called upon patni to file his statement of claim under s. 22 of .....

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Oct 28 1966 (SC)

George Da Costa Vs. Controller of Estate Duty in Mysore, Bangalore

Court : Supreme Court of India

Decided on : Oct-28-1966

Reported in : AIR1967SC849; [1967]63ITR497(SC); [1967]1SCR1004

..... that the donees had accepted the gift and they had been put in possession. but the parents continued to be in possession of the house though the municipal tax was paid thereafter in the names of the sons. the deceased died on september 30, 1959 more than 4 years after the gift. the appellant, ..... of estate duty. 9. on behalf of the appellant strong reliance was placed upon the decision of the court of appeal in attorney general v. seccombe [1911] 2 k.b. 688 which has already been referred to. in that case, the deceased made an absolute gift of a house and furniture to a ..... the expression, 'by contract or otherwise' should be construed ejusdem generis and reference was made to the decision of hamilton, j. in attorney general v. seccombe [1911] 2 k.b. 688. on this aspect of the case we think that the argument of the appellant is justified. in the context of the section the ..... or by way of substitutive limitation, and 'on the death' includes 'at a period ascertainable only by reference to the death'; 5. section 10 of the act included in the expression 'passing on death' even gifts made by a deceased in certain circumstances. the section reads as follows : 'gifts whenever made where donor ..... decision of hamilton, j. in attorney general v. seccombe [1911] 2 k.b. 688. 7. the question involved in this appeal depends upon the proper interpretation of s. 10 of the act. the intention of the legislature in enacting s. 10 of the act was to exclude from liability to estate duty certain categories of .....

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Feb 08 1966 (SC)

Sitaram Motilal Kalal Vs. Santanuprasad Jaishankar Bhatt

Court : Supreme Court of India

Decided on : Feb-08-1966

Reported in : AIR1966SC1697; 1966MhLJ881(SC); [1966]3SCR527

..... was only to clean the car and who was forbidden to drive it, and went to the workshop, and during his absence the cleaner drove it against and broke a municipal lamp- post, it was held on the facts of the case that the (1) l.r. [1893] 1 b.629. (3) (1918) 20 bom. l ..... the scope of authority'. there is much institutional criticism of such extension. similarly, we are doubtful whether the extension of the principle by the introduction of the doctrine (1) [1911] 2 k.b 775, 784. (3) [1867] l.r. 2 ex. 259. (2) [1912] a.c. 884. of implied authority, which was relied upon ..... owner if it had not been persuaded to hold the three pieces of evidence to be admissible and relevant. in the absence of that evidence the acts of the second and the third defendants viewed separately or collectively were not within the scope of their respective or even joint employment and the owner ..... the decision in girijashankar dayashankar vaidya v. the b.b. and c.i railway(3) turned upon the construction of s. 108 of the indian railways act. the servants of the railway assaulted the plaintiff for pulling the communication chain. the court held that the railway was not liable as the servants were not ..... unpredictable liability as there is a statutory compulsion on him to insure his car against third- party liability and his burden within the framework of the motor vehicles act is now transferred to the insurer. the general principle is well settled and it is neatly given by pearson, l. j., in norton v. canadian pacific .....

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Dec 13 1966 (SC)

Ram Lal Puri Vs. Gokalnagar Sugar Mills Co. Ltd.

Court : Supreme Court of India

Decided on : Dec-13-1966

..... restoration of the earnest money in any comparable circumstances with the present case. in ram labhaya v. municipal committee, amritsar, , a bench decision of the punjab high court, on which shri hardy has placed considerable reliance, it has been observed that article 62 of the limitation act would be applicable, where agreement was void in its inception, the terminus a quo being the ..... 7 of 1947 was enforced on 1-12-1947 replacing the earlier ordinance which had been enforced on 9-8-1947 and the west punjab act 7 of 1948 was enforced in february 1948. it is observed that the prohibition whereby the sale of evacuee property in question was made void came into force long before ..... chopra that limitation in this case was extended by virtue of section 36(a) displaced persons (debts adjustment) act. it is however conceded that he can take advantage of this provision only, if the west punjab ordinance 7 of 1947 and its successor west punjab act 7 of 1948 are ignored or if 23-12-1947, when the custodian of evacuee property in pakistan ..... of the provisions of section 36(a) of the displaced persons (debts adjustment) act, 1951, the limitation was extended by one year from the commencement of the said act, viz. 10th december, 1952. the petitioner's claim is, therefore, within time.'the matter was taken on appeal to the punjab high court by both sides, the vendee claiming the sum of rs.30 .....

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Oct 14 1966 (SC)

Joint Family of Udayan Chinubhai, Etc. Vs. Commissioner of Income-tax, ...

Court : Supreme Court of India

Decided on : Oct-14-1966

Reported in : AIR1967SC762; [1967]63ITR416(SC); [1967]1SCR913

..... however not divided in definite portions inter se. it is true that part ii of sch. a of the decree described settled properties under the baronetcy act 8 of 1924 and those properties were not capable of physical division. however part iii described properties movable and immovable which were not subject to any ..... assessed lady tanumati and the sons of sir chinubhai separately. 3. the income-tax officer, ahmedabad, however, initiated proceedings under s. 34 of the indian income-tax act, 1922, for the assessment years 1951-52, 1952-53 and 1953-54 for assessing the hindu undivided family of the four members 'udayan, kirtidev, achyut and lady ..... of their respective rights in the joint family properties subject, as regards the properties described in part ii of sch. a, to the provisions of the baronetcy act'. schedules b, c & d set out the debts and liabilities of the joint family. pursuant to the decree, sir chinubhai took his share in the ..... move the commissioner of income-tax to take action under s. 33b of the act to set aside the order under s. 25a. 15. we agree with the high court of punjab that s. 34 of the indian income-tax act confers no general powers of reviewing an order passed under s. 25a(1), which ..... of income-tax, delhi and rajasthan v. ganesi lal shyam lal , the high court of punjab held that when an order recognizing the total disruption of a hindu family has been passed under s. 25a indian income tax act 1922, and an order of assessment is made on the basis of such an order, it .....

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Sep 13 1966 (SC)

Sukh Lal and ors. Vs. State Bank of India and ors.

Court : Supreme Court of India

Decided on : Sep-13-1966

Reported in : AIR1967SC543; (1967)69PLR88; [1967]1SCR317

..... has a son shiv dayal. the family carried on business in groceries at ganganagar in the former bikaner state and at fazilka in the province of punjab, in the name and style of 'panju mal tilok chand'. a branch of the business was started in or about 1930 at harunabad in the ..... a purely temporary purpose will not constitute residence, and the place of sojourn will not be deemed a place of residence within the meaning of the act : but where a person possesses establishments at more places than one and spends time more or less considerable in all those places, as exigencies of ..... status of the applicants was in our judgment, erroneous. the high court thought that a person may claim the status of a displaced person under the act if he was actually residing in pakistan immediately before the partition and has left that place. the learned judges observed :'the evidence, which the learned ..... immovable property situate in the territories now forming part of west pakistan; provided..... (c) . . . . . . . . . . . . . . . . . . . . . . . 4. under s. 5 of the act a person who is a displaced debtor may apply within the time fixed thereby to the debt adjustment tribunal for adjustment of his debts. section 22 provides for the apportionment ..... by the civil court. against the orders passed in the petition under s. 5 of act 70 of 1951 and the decree in suit no. 198 of 1950 two appeals were preferred to the high court of punjab. the high court held on a review of the evidence that four members of the family .....

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