Court : Delhi
Decided on : Apr-15-1977
Reported in : ILR1977Delhi761
..... 2), a notification had been issued by the chief commissioner, delhi, declaring certain areas as municipality of the second class under section 4(6) of the punjab municipal act, 1911. this notification was issued to various authorities. on 5th april, 1954 the municipal committee, which was known as south delhi municipal committee vide ex. dwii/3 proposed to levy a house-tax on the owners of ..... the building and lands within the municipality as provided by section 61 of the punjab municipal act and the proposal was accepted on ..... 11th april, 1954. on 27th december, 1954 the aforesaid municipal committee took over the sanitary services of the area (vide ex. dw11/4) and the said proposal was ..... accepted on 10th january, 1955. it is true that as a matter of law, the mere fact that a municipality has been constituted .....Tag this Judgment!
Court : Delhi
Decided on : Jan-27-1977
Reported in : ILR1977Delhi643
..... to augment their meagre resources. it would beuseful to remember in this context that before the municipal corporation was set up in delhi the erstwhile delhi municipal committee was collecting taxes on the entry of goods in the local area in accordance with the provisions of the punjab municipal act which, by the very nature of that statute, was confined to the provincial list and ..... ground that a substantial part of the property admittedly falls in the union territory of delhi and, thereforee, within the local area of the municipal corporation of delhi. (5) section 178 of the municipal corporation act, 1957 (for short, the act) provides that 'there shall be levied on all goods carried by railway or road into the union territory of delhi from any place ..... the official gazette'. it is not disputed that pursuant to the provisions of section 179 the municipal corporation of delhi has been authorised as the terminal tax collecting agency by the central government. in exercise of powers conferred by section 183 and 479 of the act the central government also promulgated the delhi terminal tax rules, 1958 (for short, the rules) which ..... outside thereof, a terminal tax. . . .' section 179 of the act further provides that such tax shall be payable on demand and shall be collected by .....Tag this Judgment!
Court : Delhi
Decided on : Feb-02-1977
Reported in : 1978CriLJ240
..... issued by the director after the analysis of the sample has been carried out. this view has also been taken by a division bench of the punjab & haryana high court in municipal committee, amritsar v. shadi lai (1975) 2, f. a. c. 411 : . same was the view of a single bench of the ..... and conclusive in evidence of the facts stated therein.9. the scope of sub-section (5) of section 13 o the act was also considered in a full bench case of this court. municipal corporation of delhi v. bishan sarup 1972, f. a. c. 273, in the following terms:held that once the ..... the central food laboratory and thereafter concrete and definite result would have been received. this contention is devoid of any substance as the provisions of the act do not envisage the examination of the same sample twice. the reason being that sub-section (5) of section 13 provides that 'the certificate received ..... whether, in view of the certificate of the director of central food laboratory, the first charge against the petitioners is groundless. section 11 of the act prescribes the procedure to be followed by a food inspector while taking a sample of an article of food for analysis. according to this section, the ..... food inspector. the public analyst reported that the sample was adulterated. a complaint under section 7 read with section 16 of the prevention of food adulteration act, 1954, was filed against salim and company, zehuruddin, from whom the sample was taken and also against salim ahmed, washim ahmed and mst. zubeda begum .....Tag this Judgment!
Court : Delhi
Decided on : Feb-10-1977
Reported in : (1977)IILLJ255Del
..... labour court amritsar and ors. (1959) f.j.r. 147. the first of these cases was concerned with a notice issued under i he punjab municipal act which was partly good and partly bid. it was held that the notice was bad in entirety. in the second case, a demolition notice issued under the ..... delhi municipal corporation act, 1957, which contained directions which were partly intra virus and partly ultra virus led to the consequence that the notice was wholly bad. in the ..... matters hereinafter appearing....the court was of the view that the dispute between the management and its workmen at mussourie could be referred by the government of punjab it is also apparent that the reference could not be split up because the court observed that it was not 'a mere matter of form and ..... a labour court at amritsar. the reason for holding it bad was that the words used in the reference wore as follows:whereas the governor or the punjab is of the opinion that an industrial dispute exists between the workmen and the management of the d.a.v. ayurvedic pharmacy, akali market, amritsar, ..... third case, it was held by the punjab high court that a reference of an industrial dispute which partly related to one state and partly to another .....Tag this Judgment!
Court : Delhi
Decided on : May-17-1977
Reported in : (1978)ILLJ122Del
..... if the claim of a workman is barred by time under the payment of wages act. reliance was also placed by ismail j., on the judgment of the punjab high court in municipal committee, tarn taran v. state of punjab 1967 2 l.l.j. 568 and the judgment of the gujarat high court in ..... , the rule of law being, as stated by lord selborne in seward v. vera cruz, that where there are general words in a later act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special ..... that the meaning sought to be given to this section by the petitioner, is entirely inconsistent with what is said in the payment of wages act, 1916 itself. that act applies in any case to persons employed in factories and persons employed in the railways, etc. it also enables the state government by notification ..... falls within the scope of an industrial adjudication which can only be ordered by the state government by making a reference under section 10 of the act. i think, the settled position may be summarised as follows:1. if the claim of a workman involves an adjudication of disputes which falls ..... suspension or whether this matter has necessarily to be referred to an industrial tribunal as an industrial dispute. the definition of ''industrial dispute' in the act shows that it is a dispute or difference between employers and employers, or between employers and workman, or between workmen and workmen, which is connected .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-1977
Reported in : 14(1978)DLT1; ILR1978Delhi129
..... bench (jagjit singh andm. s. joshi, jj) by their order of reference dated august ii. 1975.for decision of the full bench : 'whetherholding one or more shares in the municipal corporation cooperative stores limited or in any other cooperativesociety or company, engaged in the manufacture, importor sale of any article of food, amounts to having financialinterest in the manufacture, import ..... to sub-section (1) of section 9 in relationto the appointment of food inspector, the decision of the learnedjudges of the division bench of the cricuit bench of the punjab highcourt related to the interpretation of an identical proviso to section 8 in relation to the appointment of a public analyst.(5) the relevant provisions of sections 8 and 9 ..... or being a judge in its own cause or legal bias. boththe public analyst and the food inspector perform important duties in relation to satisfactory enforcement of prevention offood adulteration act and also any prosecution there under.where a person with prescribed qualifications is made non-eligibledue to financial interest and, thereforee, bias on that account, there isno measure to ..... or sale of articles offood for purposes of the proviso to sub-section (1) ofsection 9 of the prevention of food adulteration act,1954'.(2) lala bishambar dayal, learned counsel for the appellant inthe criminal appeal out of which the present reference has arisen,raised a preliminary objection that the reference itself is .....Tag this Judgment!
Court : Delhi
Decided on : Jan-14-1977
Reported in : 1977CriLJ1984; ILR1977Delhi549
..... of the provincial congress committee for 16 years and president of naujawan bharat sabha sargoda for several years. he was also a member of the municipal committee and member of the college trust and that he owned three weekly magazines. he also stated that he gave up college studies and worked for ..... overwhelming evidence to show that the plaintiff was a respectable person, who had been associated with the congress for a number 'of years and had been a municipal commissioner and associated with various charitable organisations. the court, thereforee, awarded a sum of rs. 12,500.00 as damages against the union of india, ..... . 2 laughed away the points. the plaintiff then told him that he was not an absconder and he had contested the municipal election and had been touring with the municipal engineer's staff and he had an office in chandni chowk and that he had been appearing in courts and he was meeting ..... other provisions of law and they are not left to the discretion of the police to exercise powers under section 54 of the act. moreover, rule 26.1 contained in the punjab police rules, vol. 3, lays down that the authority given under section 54 of the criminal procedure code to the police to arrest ..... . he was again arrested under defense of india rules in 1940 and 1942 in connection with the quit india movement. all this happened in west punjab. on arrival in delhi, he was on the allotment committee of the custodian and was elected secretary of delhi state congress committee and member of .....Tag this Judgment!
Court : Delhi
Decided on : Feb-09-1977
Reported in : 1977CriLJ1995; ILR1977Delhi517; 1977RLR365
..... 1975 and others for offences under sections 7, 16 and 17 of the pre- vention of food adulteration act, 1954 (herein called 'the act'). the complaints were filed through the assistant municipal prosecutor. he being a public servant his statement was not recorded by the magistrate under section 200 of the code ..... accused-person or a charge framed against him, is involved in these cases it would be appropriate to dispose them of by a common judgment.(2) municipal corporation of delhi filed a complaint against the petitioners in cr. m. (m) 230 to 232, 240 of 1974, 80 and 218 of ..... inherent power cannot be exercised in regard to matters specifically covered by the other provisions of the code (see r. p. kapur v. the state of punjab, : 1960crilj1239 ).(38) the question accordingly is as to what is the scope of the inherent power of the high court. in dr. raghbir saran ..... likely to result in any injustice. the subordinate courts, after separation of the judiciary, will be manned by judicial officers who may be expected to act strictly according to law. further, if a magistrate has a pronounced tendency to pass wrong orders in the course of criminal proceedings, the powers of ..... the judges thereof in relation to the administration of justice 'shall be' the same as immediately before the commencement of part iii of the said act. it was accordingly observed that the statute confirmed and revested in the high court all its existing powers and jurisdiction, including its inherent powers. then .....Tag this Judgment!
Court : Delhi
Decided on : Mar-21-1977
Reported in : AIR1977Delhi261; 14(1978)DLT45; ILR1977Delhi371
..... name of ramjas. the founder of these institution was one rai sahib kedar nath. (3) rai kedar nath retired as a district judge in 1911 from the punjab judicial service. he was childless. to perpetuate the memory of his father lala ramjas mal, he thought of starting educational institutions. he made ..... property' in the sense in which wakf is understood in mohammadan law. (56) the chief commissioner's notification under s. 4, land acquisition act is in the nature of a statutory instrument. it uses the expression 'wakf property'. how do we interpret these words i think these words must ..... thereforee, every purpose considered by the muhammadan law as, religious, pious or charitable would be considered valid. (37) in terms of the wakf validating act, 1913 wakf means : the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the mussalman law as religious ..... so far as this ground is concerned, the supreme court has settled that planned development of delhi is a public purpose within section 4 of the land acquisition act. this was decided in munshi singh v. union of india, : 1scr973 alfatoon v. lt. governor of delhi, : 1scr802 and lila ram ..... b changed to ramjas foundation. (10) on november 13, 1959, the chief commissioner delhi issued a notification under s. 4 of the land acquisition act (public witness -8/1). land measuring 34070 acres was notified as land likely to be acquired by the government at public expense for a public .....Tag this Judgment!
Court : Delhi
Decided on : May-18-1977
Reported in : (1978)ILLJ302Del
..... workers. learned counsel for the petitioner has referred to poona mardoor subha v. g.k. dhuriu and anr. : air1956bom743 , british india corporation ltd. v. industrial tribunal punjab and anr. 1959 1 l.l.j. 68; indian industrial works ltd. v. engineering mazdoor sabha 1955 2 l.l.j. 675, ramnagar cane and sugar co ..... not possible to refute the stand now. the conclusion binds the petitioner also.7. in this respect, the definition of award' in the industrial disputes act can be use fully referred to. it is defined in section 2(b) as follows:'award' means an interim or a final determination of any industrial ..... on the factory workers then it continues to bind them until the award is somehow suspended by giving a notice under section 19(6) of the act. i have no doubt that the contention is well-founded provided the previous industrial award is binding on the factory workers. 5. for the purpose ..... index as opposed to the bengal index.4. dr. anand prakash, learned counsel for the petitioner submits that section 18(3) of the industrial disputes act, 1947, shows that once an award has been made, it is binding on all the parties to the industrial dispute. he also relies on section 19 ..... over by shri d.d. gupta, made an award dated 22nd october, 1974, on a reference made under section 10(1)(d) of the industrial disputes act, 1944. the terms of the reference were as follows:whether dearness allowance payable to all categories of workmen employed in factory including general staff (employed in delhi .....Tag this Judgment!