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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Sorted by: old Year: 1960 Page 1 of about 77 results (0.119 seconds)

Mar 18 1960 (HC)

The Municipal Corporation of Delhi Vs. Sohna Mal Inder Sen and ors.

Court : Punjab and Haryana

Decided on : Mar-18-1960

Reported in : AIR1960P& H497

..... previously existing one. a notification dated the 17th of april 1940 was published which reads:'in pursuance of the provisions of sub-section (10) of the section 62 of the punjab municipal act, 1911 (punjab act iii of 1911) as extended to the province of delhi it is hereby notified that with the previous sanction of the chief commissioner the ..... , 1916 a notification of which a copy is d. 2 was issued by the chief commissioner. it reads:'under the provisions of section 62 sub-section (7) of the punjab municipal act, iii of 1911 and with the previous sanction of the governor general in council, the chief commissioner, delhi, is pleased to declare that with effect from the 1st june, 1916 the following ..... as applied to delhi deals with the imposition of taxes by a municipal committee. sub-section (1) sets out a list of taxes which may be imposed. it does not include ..... rates of terminal tax on the articles mentioned in the schedule, hereto attached, shall be levied in the municipality of delhi in lieu of the existing octroi.'section 61 of the punjab municipal act .....

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May 20 1960 (HC)

S. Arjan Singh S. Mehar Singh Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : May-20-1960

Reported in : AIR1960P& H554

..... notice of any kind. it is admitted that this order of the administrator terminating the petitioner's services was based on the order of the governor of the punjab under section 41 of the punjab municipal act, is this order which is assailed in the present proceedings and it is alleged that according to bye-law no. 112 of the business bye-laws ..... of ludhiana municipality framed under section 31(1)(b) of the punjab municipal act, 1911, punjab civil service rules had been made applicable to the ludhiana municipal servants, with the result that no confirmed municipal employee governed by those rules could be thrown out of his service without a regular inquiry into the ..... : (air 1955 punj 125), where it was expressly observed that no statutory obligation is imposed on the provincial government when it proceeds to demand the dismissal of a municipal officer under section 41, punjab municipal act. this authority, being direct and on identical facts, is clearly binding on this bench. besides, we are also in respectful agreement with the law laid down in ..... the order of termination of the petitioner's service. he has also mentioned shri. p. c. khanna and shri kishori lal, two other against under section 41 of the punjab municipal act, but from whom explanations were called before passing final orders.(2) on the foregoing grounds the petitioner claims that the order of the government is contrary to law, ultra vires .....

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Aug 10 1960 (HC)

Waliati Ram Nathu Ram Vs. Municipal Committee, Rupar

Court : Punjab and Haryana

Decided on : Aug-10-1960

Reported in : AIR1960P& H669

..... notified in the official gazette under sub-section (10) of section 62 of the punjab municipal act, 1911, that with effect from the 1st day of april, 1949, the following tax has been imposed by the municipal committee of rupar:'a tax at the rate of * * * on every person carrying on a trade, profession, calling or employment in the area subject to the authority of ..... every person carrying on a trade, profession, calling or employment in the are subject to the authority of the committee * * *'.this notification has been issued under section 61 of the punjab municipal act. relevant part of section 61 is clause (b) of sub-section (1) and is in these terms:'61(1)(b) a tax on persons practising any profession or art or ..... 's are carrying on a profession or a calling. if the case of government or private servants did not fall within the ambit of these words, the amendment to the municipal act after the lahore high court decision in pala ram v. notified area committee, kot addu, ilr 4 lah. 256: (air 1924 lah 147) to get over the pronouncement that the ..... all three appeals is the same and these were argued together.(2) the authority to impose this type of tax is given to the municipal committees under sub-clause (b) of sub-section (1) of section 61 of the municipal act, which runs as follows:'a tax on persons practising any profession or art or carrying on any trade or calling in the .....

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Dec 06 1960 (HC)

Dr. Tilak Raj Chadha Vs. Chief Commissioner, Delhi and ors.

Court : Punjab and Haryana

Decided on : Dec-06-1960

Reported in : AIR1961P& H275

..... shop no. 103 and after some difficulty managed to get the same, and shifted in this shop in 1956. he made an application to the municipal committee in january, 1956, under section 121 of the punjab municipal act, 1911, as extended to delhi, for obtaining a licence to instal an oil-expeller (kohlu) in that shop. objections were raised by the market association, ..... which protested to the municipal committee by a telegram, and by other residents of the adjoining block, who submitted a written protest. in spite of that however ..... appellant's counsel was that the chief commissioner could not go beyond his jurisdiction to pass the impugned order under section 237 of the punjab municipal act. section 237 of the punjab municipal act runs as under:- 'notwithstanding anything in this act, the state government shall have the power of reversing or modifying any order of any officer of the state government passed or purporting ..... in that shop. 2. the appellant filed an appeal to the appellate authority, which happened to be the additional district magistrate shafiq hussain, under section 225 of the punjab municipal act against the grant of the licence. the appeal was accepted by the additional district magistrate on 21-6-1956 who cancelled the licence granted to hunda singh on the ground .....

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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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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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Mar 24 1960 (HC)

State of Rajasthan Vs. Shamlal and ors.

Court : Rajasthan

Decided on : Mar-24-1960

Reported in : AIR1960Raj256

..... repealed. it follows that the appellant's rights under the dhara no. 29 of st. 2004 were still good and could have been enforced in the municipal courts until either repealed or repudiated as an act of state. these rights were carried over after the constitution when the indian republic was formed with this important difference, viz., that as the appellant then ..... their observations should be read and understood in the context of the facts and circumstances of the case in which they were made. we may refer in this connection to punjab co-operative bank ltd. v. commr. of income-tax, lahore, air 1940 pc 230 in which their lordships of the privy, council reproduced with approval, the following remarks of lord ..... , important to notice that immediately after the rajpramukh of patiala had taken over the administration of find on its merger: with the east punjab states union on (the terms of the covenant, he promulgated the patiala and east punjab states union administration ordinance (1 of st. 2005) repealing all laws in force in such covenanting state immediately before the date of the ..... administration of jind, on 20-8-1948, and immediately after assumption of office, he promulgated the patiala and east punjab states union administration ordinance no. 1 of smt. 2005. by section 3 of the said ordinance it was provided that all laws, ordinances, acts, rules, regulations, notifications etc. having force of law in patiala state on the date of the commencement of .....

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May 13 1960 (HC)

Jit Singh Vs. the State

Court : Punjab and Haryana

Decided on : May-13-1960

Reported in : AIR1960P& H547; 1960CriLJ1375

order(1) this is an application for a certificate for fitness for appeal to the supreme court under article 134 of the constitution of india. except for the question of the admissibility of the notification issued under section 62(10)(b) of the punjab municipal act, the other contentions raised essentially relate to questions of fact which, as settled by the supreme court, cannot form a good ground for certificate under this article. in so far as the question of the notification is concerned, again it is well settled that the grant of a certificate under article 134(1)(c) of the constitution is not a matter of course, but this court has to exercise its power after considering as to what difficult questions of law or principle are involved which require further consideration by the supreme court.unless, therefore, there is a substantial question of law or of principle, this court will not be justified in granting a certificate under this article. a notification properly issued under the powers conferred on the municipal committee, in law, becomes almost, as if, it is a part of the statute itself, and therefore, generally speaking, it is always competent for a court to take judicial notice of the provisions contained in such notifications. the interests of justice, therefore, do not require the grant of a certificate on the facts of the present case.(2) this petition, therefore, fails and is hereby dismissed.(3) petition dismissed.

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May 24 1960 (HC)

Piara Singh and ors. Vs. the State

Court : Punjab and Haryana

Decided on : May-24-1960

Reported in : 1960CriLJ1371

..... madras high court in public prosecutor v. rajanga chetti, air 1954 mad. 285. in that case the meaning of word 'premises' as used in section 250 of the madras district municipalities act was under consideration. according to that section 'every person intending (a) * * * (b) to install in any premises any machinery * * * driven by steam water or other power * * * not being machinery * * * exempted ..... a building is a necessary criterion for the application of the term.(4) the learned counsel for the petitioners urged that in the present case also the act applies to the entire state of punjab, as it existed prior to the 1st of november, 1956, and that it would be giving too wide a meaning to the word 'premises', to include in ..... could be heard across the road near the police post, they were challenged for the contravention of section 3 of the punjab instruments (control of noises) act (hereinafter referred to as the act) and they were convicted under section 5 of the said act and sentenced to a fine of rs. 51/- each or in default, two weeks' simple imprisonment. the appeal filed by ..... january, 1958, vide a notification dated the 2nd of november, 1957, published by the punjab government on 11th of january, 1958, on which date the act was enforced 'in all the territories which immediately before 1-11-1956 were comprised in the state of punjab'. section 3 of the act runs as follows:'no person shall use or operate any instrument in or upon .....

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Jul 01 1960 (HC)

Paschim Banga Malbahi Cycle Mazdoor Union and ors. Vs. Commissioner of ...

Court : Kolkata

Decided on : Jul-01-1960

Reported in : AIR1961Cal125,65CWN213

..... . therefore they submit the total prohibition or banning of these cycle-carts without banning the other types of carts within the meaning of that word as defined in the calcutta municipal act is irrational, discriminatory, arbitrary and mala fide amounting to unreasonable restriction of the petitioners' right to carry on trade or occupation guaranteed under article 19(1)(g) of the ..... small compass. it appears that from september, 1958 the licence department of the calcutta corporation started registering these vehicles called the 'cycle carts' under section 224 of the calcutta municipal act. there is some controversy about the actual date and we are informed by the counsel for the corporation that the registration of the first cycle cart was on 29-12 ..... such the notification is against the principles of natural justice and therefore is illegal and without jurisdiction.(3) that the notification contravenes the provisions of section 224 of the calcutta municipal act and that so long as licence duly granted by the calcutta corporation is not revoked and/or cancelled and so long as the same is in force, the impugned ..... , kairana, : [1950]1scr566 , md. yasin v. town area committee, jalalabad, : [1952]1scr572 , dwarka prosad v. state of u. p., : [1954]1scr803 , virendra v. state of punjab, : [1958]1scr308 , emphasising lack of time limit and opportunity to make representation as making delegation bad, state of madras v. v. g. row, : 1952crilj966 , per patanjali sastri, g. j., romesh .....

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