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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Sorted by: old Court: us supreme court Year: 1977 Page 1 of about 19 results (0.261 seconds)

Mar 11 1977 (SC)

Bata Shoe Co. Ltd. Vs. City of Jabalpur Corporation

Court : Supreme Court of India

Decided on : Mar-11-1977

Reported in : AIR1977SC955; (1977)2SCC472; [1977]3SCR182

..... and higher rate in respect of salt of other kinds, imposed tax at the higher rate on 'sambhar salt' which was a variety of common salt. section 86 of the punjab municipal act, 1911, provided that the liability of any person to be taxed cannot be questioned in any manner or by any authority other than that provided in the ..... act. that provision is identical with section 84(3) of the c.p. municipalities act, 1922, with which we are concerned in the instant case. section 86(2) of the punjab act provided that no refund of any tax shall be claimed by any person otherwise than in ..... in the civil court. on the question of limitation the high court held that applying the special period of limitation provided in section 48 of the central provinces and berar municipalities act, 1922 the suit was within limitation as regards the payment made by the plaintiffs on september 22, 1948 but that it was barred by limitation as regards the payment made ..... accordance with the provisions of the act and the rules thereunder. it was held by this court that the .....

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Aug 09 1977 (SC)

New Delhi Municipal Committee Vs. the Life Insurance Corporation of In ...

Court : Supreme Court of India

Decided on : Aug-09-1977

Reported in : AIR1977SC2134; 1994(4)SCALE390; (1977)4SCC84; [1978]1SCR279

..... in regard to the amendment made in the list of 1967-68. the other writ petition too was allowed except for the year 1966-67.5. chapter v of the punjab municipal act, 1911 deals with 'taxation'. section 61(1)(a) thereof authorises imposition of a tax payable by the owners on buildings and lands. section 62 provides that the ..... . the l.i.c. paid the tax as assessed for these years but in february 1968 it received five notices from the municipal committee stating, that in exercise of the powers conferred by section 67 of the punjab municipal act, 3 of 1911, it had decided by a resolution dated january 27, 1968 to amend the lists of assessment for the aforesaid five years by ..... earliest day of the official year current when the amendment is made. we do not think that there is any parallel between section 82(3) of the bombay act and section 87 of the punjab municipal act.21. for these reasons we allow these appeals and set aside the judgment of the high court. the writ petitions filed by the respondents will, as a ..... a particular provision of a statute the court must consider other parts of that statute and read the statute as a whole. we have discussed the entire scheme of the punjab municipal act and have pointed out how on a consideration of its various provisions it is not possible to sustain the view taken by the high court.19. in .....

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Jan 12 1977 (FN)

G. M. Leasing Corp. Vs. United States

Court : US Supreme Court

Decided on : Jan-12-1977

..... classes of cases, a search of private property without proper consent is 'unreasonable' unless it has been authorized by a valid search warrant." camara v. municipal court, 387 u.s. at 387 u. s. 528 -529. as an alternative to their argument that a new exception to the warrant requirement should ..... ., 264 u. s. 298 , 264 u. s. 305 -306 (1924); wilson v. united states, 221 u. s. 361 , 221 u. s. 375 -376 (1911); consolidated rendering co. v. vermont, 207 u. s. 541 , 207 u. s. 553 -554 (1908). the court, of course, has recognized that a business, by ..... question. the government suggests that, assuming a violation of the fourth amendment by the agents, petitioner is not entitled to money damages if the agents acted in good faith; that good faith was supported by the "apparent fact" that the agents' conduct was in conformity with standard service procedures based ..... district court found that agent clayton "maliciously committed said forced entry, and search and seizure," app. 138, and concluded that he and other individual defendants acted "knowing full well that they were violating the rights of" petitioner. ibid. it concluded that petitioner was entitled to judgment for those actions. the ..... case. petitioner has shown violation of its constitutional rights. whether, as the government contends, petitioner is not entitled to money damages if the agents acted in good faith should be considered by the courts below in the light of all the facts, including irs procedures based upon murray's lessee, .....

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Jan 18 1977 (SC)

Prithvi Raj Taneja (Dead) by Lrs. Vs. the State of Madhya Pradesh and ...

Court : Supreme Court of India

Decided on : Jan-18-1977

Reported in : AIR1977SC1560; (1977)79PLR478; (1977)1SCC684; [1977]2SCR633

..... in appeal before us, mr. andley on behalf of the appellant has argued that more than half of the land in dispute is within the municipal limits of ashok nagar municipality, while the remaning land was also likely to be included within those limits short ly. it is further stated that the land in question abuts ..... amount of compensation for a vast area of land. we may in this context refer to a recent judgment in the case of smt padma uppal v. state of punjab c a nos. 2339 land 2403 of 1972, d/ 23-8-1970 : reported in : [1977]1scr329 wherein this court observed that it. is well settled ..... acquired land. but this in the very nature of things cannot be helped. the essential thing is to keep in view the relevant factors prescribed by the act. if the judgment of the high court reveals that it has taken into consideration the relevant factors, the assessment of the market value of the acquired land ..... stated, is equivalent to 2.500 square yards. the land sought to be acquired measured 68,658 square yards. notification under section 4 of the land acquisition act for the acquisition of the land was issued on april 7, 1951. the land acquisition officer as per award dated june 13, 1961 awarded compensation for the ..... take into ac-count inter alia the market value of the land at the date of the publication of the notification under section 4 of the act. the market value means price that a willing purchaser would pay to a willing seller for the property, having due regard to its existing condition .....

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Jan 25 1977 (SC)

Union of India (U0i) and ors. Vs. Bhanudas Krishna Gawde and ors.

Court : Supreme Court of India

Decided on : Jan-25-1977

Reported in : AIR1977SC1027; (1977)1SCC834; [1977]2SCR719

..... cations nos. singh detaining authority to have 201/1976 833-839/ gokaldas the detenus taken under cu- 1976 rajda & stody to the site of the others meeting of the bombay municipal corporation and enable them to exercise their votes at the mayoral election, if and when it takes place. 2. crl. as 3-3-1976 crl. appli- bombay smt. while ..... as pointed out by this court in state of maharashtra v. prabhakar pandurang sanzgiri : 1966crilj311 , dr, ram manohar lohia v. state of bihar : 1966crilj608 , makhan singh v. state of punjab : 1964crilj217 (supra) and by the majority in a.d. m. jabalpur v. shivkant shukla : 1976crilj945 (supra), hedged by a condition inasmuch as it declared that 'the right of any person ..... in hue and quality. the procedures applicable in cases of the two types are certainly radically different. the authorities entrusted with the power of ordering punitive and, preventive detentions also act on very different principles and for very different reasons. the constitutional justification for preventive detention was considered by this court at some length in shekel's case : 1976crilj945 (supra ..... or of any such aggression or disturbance if the president is satisfied that there is .imminent danger thereof. inserted retrospectively by section 5 of the constitution (thirty-eighth amendment) act, 1975. (4) the power conferred on the president by this article shall include the power to issue different proclamations on different grounds, being war or external aggression or internal .....

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Feb 09 1977 (SC)

Krishan Murari Lal Sehgal Vs. State of Punjab

Court : Supreme Court of India

Decided on : Feb-09-1977

Reported in : AIR1977SC1233; 1977LabIC554; (1977)ILLJ442SC; (1977)2SCC587; [1977]2SCR956

..... are, however, unable to see how this memorandum of may 11, 1957, can be called in aid as 'previous approval' under section 115 (7) of the act when the punjab financial commissioner's office (state service class iii) rules, 1957 were already promulgated on february 28, 1957. approval under section 115 (7) is previous approval and not subsequent ratification. the ..... his highness the rajpramukh, which is the previous day of the 'appointed day' under the states reorganisation act, 1956. thus he was integrated in the new state of punjab as a confirmed assistant. before his integration in punjab he was governed by the patiala and east punjab states union civil services (punishment and appeal) rules, 1953 (briefly the pepsu rules) which were made in ..... appointing, authority of the appellant before his integration into the state of punjab does not come into the picture. he adds that this (submission of his is in consonance with the provisions of section 116 of the states reorganisation act, 1956 (briefly the act). we may, therefore, read section 116 of the act:116 (1) every person who immediately before the appointed day is ..... argument that in the new state of punjab the financial commissioner (revenue) is the appropriate authority for appointing assistants is absolutely irrelevant in the context of section 116 (1) which enables the status quo ante to continue except where the post ceases to exist under the provisions of the act. it is also important to bear in mind the provisions of .....

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Mar 22 1977 (FN)

Juidice Vs. Vail

Court : US Supreme Court

Decided on : Mar-22-1977

..... federalism -- the protection and vindication of important and overriding page 430 u. s. 344 federal civil rights, which congress, in 1983 and the judiciary act of 1875, ordained should be a primary responsibility of the federal courts. mitchum v. foster, supra, buttresses this conclusion. mitchum held that 1983 comes ..... law upon rights secured by the constitution and laws of the nation." id. at 407 u. s. 239 . that statute, and the judiciary act of 1875, 18 stat. 470, which granted the federal courts federal question jurisdiction, completely altered congress' pre-civil war policy of relying on state ..... the court quoted this comment by congressman coburn: "'the united states courts are further above mere local influence than the county courts; their judges can act with more independence, cannot be put under terror, as local judges can; their sympathies are not so nearly identified with those of the vicinage; the ..... the primary sources of the policy are plain. one is the basic doctrine of equity jurisprudence that courts of equity should not act, and particularly should not act to restrain a criminal prosecution, when the moving party has an adequate remedy at law and will not suffer irreparable injury if denied ..... orders or decrees, however improvidently made, even if it may seem certain that the court acted in granting them under misapprehension or mistake"); cf. gompers v. bucks stove & range co., 221 u. s. 418 , 221 u. s. 443 (1911); king v. barnes, 113 n.y. 476, 21 n.e.182 (1889). [ .....

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Apr 14 1977 (SC)

Velji Lakhamsi and Co. and ors. Vs. Benett Coleman and Co. and ors.

Court : Supreme Court of India

Decided on : Apr-14-1977

Reported in : AIR1977SC1884; (1977)3SCC160; [1977]3SCR603; 1977(9)LC461(SC)

..... scheme had been sanctioned, the commissioner who gave the notice (exh. 'b') should be deemed, to have given it as a competent authority under the municipal act. 10. aggrieved by this decision, the appellants preferred separate appeals to the appellate bench of the court of small causes at bombay which were allowed by a ..... therefore, no doubt in our mind that the notice was issued under the special regulation no. 36 the fact that reference to section 480 of the municipal act, 1888 was erroneously or incorrectly made in the notice is immaterial as it is well settled that if the exercise of a power can be traced ..... directions is not complied with by the owner, the same may be enforced or carried out in the manner provided by section 489 (i) (of the municipal act). (c) no compensation whatsoever, whether for damages loss or injury, shall be claimable by or payable to the owner or any other person in respect of ..... no. 37 at g. s. no. 130, masjid siding road, bombay subject inter alia to the following express conditions: (a) the provisions of the municipal act and bye-laws made thereunder in force from time to time shall be complied with; (b) the commissioner may at any time direct the owner of the ..... adopted for trial of the appellant according to section 36 (1) of the east punjab public safety act, 1949 could not be continued after the expiry of the act in the absence of a saving clause similar to section 6 of the general clauses act. 23. s. krishnan and ors. v. the state of madras (supra) ( .....

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Apr 27 1977 (FN)

United States Trust Co. Vs. New Jersey

Court : US Supreme Court

Decided on : Apr-27-1977

..... has been sustained by this court was in faitoute iron & steel co. v. city of asbury park, 316 u. s. 502 (1942). that case involved the new jersey municipal finance act, which provided that a bankrupt local government could be placed in receivership by a state agency. a plan for the composition of creditors' claims was required to be approved by ..... state legislature or in the economic marketplace. indeed, a myriad of sophisticated investors, investment banks, and market analysts regularly oversee the operation of the bond market and the affairs of municipalities which appear in search of credit. accordingly, any city or state that enters the marketplace is well aware that, should it treat its creditors abusively, the market is apt ..... debt moratorium: resurrection of the contract clause, 125 u.pa.l.rev. 167, 188-191 (1976). [ footnote 26 ] in kavanaugh, the state changed its statutory procedure for enforcing certain municipal assessments against property owners. the holders of bonds for which the assessments were pledged as security were found to have contract rights in the previous statutory scheme. without classifying the ..... certain "expectations" about the sanctity of one's right of ownership. compare ante at 431 u. s. 19 -21, n. 17, with j. bentham, theory of legislation c. 8 (1911 ed.). and other constitutional doctrines are akin to the contract clause in directing their protections to the property interests of private parties. hence, the command of the fifth amendment that .....

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May 06 1977 (SC)

The Trustees for the Improvement of Calcutta Vs. Chandra Sekhar Mallic ...

Court : Supreme Court of India

Decided on : May-06-1977

Reported in : AIR1977SC2034; (1977)3SCC448; [1978]1SCR136; 1977(9)LC394(SC)

..... published under the authority of the state government which states that 'the rules were framed by the government under section 137 of the calcutta improvement act, 1911 regarding the nominations of arbitrators for settlement of betterment fee in the local self government department notification-dated 5th may, 1934. that indicates that ..... a judgment of a division bench of the calcutta high court striking down section 78-b to section 78-g of the calcutta improvement act, 1911 as invalid on the ground of excessive delegation of legislative power as also contravention of article 14 of the constitution and declaring rules 11 ..... . the board is also required by section 45, sub-section (1) to serve a notice on every person whose name appears in the municipal assessment book as being primarily liable to the owner's owner's share of the consolidated rate or the rate on the annual value of holdings ..... impact on the highest court and the long-term cause of justice, flowing from the numerical rigidity newly inserted by the forty second constitution amendment act. we hope and trust that this matter will receive urgent attention of parliament9. we accordingly allow the appeals and dismiss the writ petitions of ..... any land in the area comprised in the scheme which is not required for the execution thereof, is increased in value. chapter iii of the act deals with improvement schemes and section 35-d provides that an improvement scheme may be of one of four types, namely, a general improvement scheme, .....

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