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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Sorted by: old Year: 1961 Page 1 of about 68 results (0.112 seconds)

Jun 22 1961 (HC)

Siri Ram and anr. Vs. Niranjan Singh and ors.

Court : Himachal Pradesh

Decided on : Jun-22-1961

Reported in : AIR1962HP52

..... to seek election to the municipal committee nahan. disqualifications for membership have been set forth in rule 7 of the aforesaid rules ..... main question that arises for decision is as to whether under the municipal election rules 1957 framed by the lieutenant governor himachal pradesh in exercise of the powers vested in him under sections 242 and 258 of the punjab municipal act, 1911, as applied to himachal pradesh, respondent no. 1 was not qualified ..... on 21st of march 1956 when the life insurance (emergency provisions) act no. 9 of 1956 came into force. he was then a member of the municipal board chandausi. section 13(d)(f) of the u.p. municipalities act inter alia provided that a person shall be disqualified for being a member ..... to the control of the government of india or the government of the state should also be a disqualification for seeking election to the municipal committee nothing would have been easier than to have made a specific provision to that effect. it would thus appear that the mere fact ..... the petitioners and respondent no. 1 to both the petitions (hereinafter to be styled as respondent no. 1) were candidates for election to the municipal committee, nahan. they filed their nomination papers. an objection was raised at the instance of the petitioners that respondent no. 1 was not qualified .....

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Aug 14 1961 (HC)

Parmatma Ram and ors. Vs. Siri Chand and ors.

Court : Himachal Pradesh

Decided on : Aug-14-1961

Reported in : AIR1962HP19

..... . the grounds on which the aforesaid prayers are based are (a) that in the rules framed by the lieutenant-governor in exercise of his powers under sections 240 and 258, punjab municipal act, 1911, as applied to himachal pradesh, there is no provision for the preferment of objections to the electoral rolls or for their disposal; (b) that the electoral rolls on the basis ..... person is included in the electoral rolls for the parliament in relation to the constituency concerned, vide rule 6. rule 9 provides that the roll of each constituency of a municipal committee shall be the finally published electoral roll for the parliamentary election to thesaid constituency operative at the time when the deputy commissioner frames election programme under rule 3 unless ..... 1961, that application was rejected. 5. the respondents to the petition are the successful candidates from wards nos. 2 to 5, shri prakash chand, treasury officer kasumpti, returning officer for municipal election of solan held in1958, the deputy commissioner mahasu district at kasumpti and the union of india. 6. the petition has been resisted by respondents nos. 3 to 8. respondents ..... was authenticated and published by the chief commissioner was not in conformity with the provisions of section 30(2) of the ajmer merwara municipalities regulation no. 6 of 1925 as amended by act 65 of 1950. the aforesaid ruling was considered in the full bench case reported in (1961) 63 pun. lr 485 : (air 1961 punj 429) supra and the following .....

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Sep 13 1961 (SC)

Dr. H.S. Rikhy and ors. Vs. the New Delhi Municipal Committee

Court : Supreme Court of India

Decided on : Sep-13-1961

Reported in : AIR1962SC554; [1962]3SCR604

..... the conclusion that there was no valid lease between the parties, the high court relied upon the provisions of section 47 of the punjab municipal act (punjab act iii of 1911). the high court also negatived the contention that the committee was estopped from questioning the status of the applicants as tenants, having all ..... in immovable property, we have to determine the question whether in these cases there was a contract creating such a relationship. now, under the punjab municipal act, section 18, a committee is a corporate body with perpetual succession and a common seal, with power to acquire and hold property and ..... court was in error in relying upon the provisions of section 47 of the punjab municipal act which, it was contended, was subject to the provisions of the act, in view of the overriding provisions of section 38 of the act. it was further contended that the definitions of 'landlord' [section 2(c)], ..... a contract could be cured by mere receipt of rent. we have here to determine whether the provisions of section 47 of the municipal act prevent the committee from entering into a contract or making a transfer of property without complying with the conditions laid down in that section ..... punjab under article 133(1)(c) of the constitution, is whether the provisions of section 8 of the delhi and ajmer rent control act (38 of 1952) (which hereinafter will be referred to as the act) apply to the transactions in question between the appellants in each case and the new delhi municipal .....

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Jan 12 1961 (HC)

Ajudhia Nath Dowarka Nath Vs. Amar Nath Gupta and ors.

Court : Punjab and Haryana

Decided on : Jan-12-1961

Reported in : AIR1961P& H352

..... of this section shall be binding on thecommittee'.admittedly, the contract of sale did not conform to the requirements of sub-section (2) of section 47 of the punjab municipal act. it was proposed bysome municipal commissioners in a resolution, of 16th of october 1954 to file a civil suit against the first defendant to recover the land because the sale-deed had not ..... were sold and some houses have been built upon these plots.5. at this stage, it may be pointed out that under sub-section (2) of section 47 of the punjab municipal act,'every transfer of immovable property belonging to any committee must be made by an instrument in writing, executed by the president or vice-president, and by at least two other ..... held in trust for public purposes or for purposes of the act.' all properties vesting in the municipality under section 56 of the punjab municipal act are charged with a public trust of which 'the inhabitants are the beneficiaries'. reference may also be made to the rule laid down by a ..... to be tried'. being rate-payers, the plaintiffs have a peculiar and special interest in the properties of the municipal committee and are vitally concerned with the illegal or ultra vires acts of the municipal committee.9. hari chand, in his commentary on the punjab municipal act (1934 edition), at page 278, goes so far as to say that 'all property acquiredor held by committee is .....

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Jan 24 1961 (HC)

Vora Fidaali BadruddIn Mithibarwala Vs. the State of Bombay (Now Gujar ...

Court : Gujarat

Decided on : Jan-24-1961

Reported in : AIR1961Guj151; (1961)2GLR343

..... the subject seeks to establish and enforce, for otherwise the violation of the existing rights would be invested with the character of an act of state and the municipal courts would have no jurisdiction to entertain any complaint in respect of the violation of the existing rights. it is indisputable that this ..... the dominion of india by executing instruments of accession before they entered into the covenant for the merger of their territories into the patiala and east punjab states union. these two decisions of the supreme court establish firmly that by acceding to the dominion of india by executing instruments of accession, the ..... punjab states union. the question that arose for decision was whether the covenant was an act of state and dealing with that question, venkatarama aiyar j., emphatically stated in no uncertain terms:'the question ..... rulers of other states. the ruler of the jind state along with the rulers of seven other indian states in east punjab thereafter entered into a covenant on 5th may 1948 for the merger of their territories into one state called the patiala and east ..... jind entered into a covenant for the merger of their territories into one state called the patiala and east punjab states union. for brevity, we shall refer to the patiala and east punjab states union as the patiala union. article vi(b) of the covenant provided that all duties and obligations of .....

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Apr 07 1961 (HC)

Dev Prakash Balmukand Vs. Babu Ram Rewti Mal and ors.

Court : Punjab and Haryana

Decided on : Apr-07-1961

Reported in : AIR1961P& H429

..... case should be settled on merits that much of the doubt arising out of conflicting decisions may be removed.3. prior to 13th august, 1959, the rules framed under the punjab municipal act required that election to a municipal committee should be held on the basis of the electoral roll prepared for the election to the ..... objections to it invited in accordance with the new rules. before the amendment, r. 8 was in these words:-'the roll of each constituency of a municipality shall be the electoral roll for the punjab legislative assembly in relation to the said constituency operative on the date fixed by the deputy commissioner for the submission of nomination papers under rule 10.'the ..... have said, the rule was actually amended on the 13th august, 1959, by adding a proviso that government may, if so inclined, direct that the punjab legislative assembly roll shall not be used for the municipal election and a fresh roll in accordance with rules 8-a to 8-k, which were added on the same day, shall be prepared. the actual ..... punjab legislative assembly and the relevant part of the punjab legislative assembly roll was under the relevant rule the roll for the municipal election. sometime in the beginning of august, 1959, however, punjab government decided to amend the rule although the amendment was actually made on the 13th .....

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Apr 17 1961 (HC)

Daudayal Onkarlal Vs. Gulabchand Shankerlal and ors.

Court : Madhya Pradesh

Decided on : Apr-17-1961

Reported in : AIR1962MP47

..... was a local authority within the meaning of the term as used in section 14 (1) (f) of the madhya bharat municipalities act no. 1 of 1954 hereinafter called 'the act'. the polling officer rejected this contention of the opponent no. 1. there was an appeal to the returning officer. this was dismissed ..... municipality took place under the provision of the madhya bharat municipalities act and the rules made thereunder. four candidates had been nominated for the purpose of this election including the petitioner and the ..... corporation' can be called a 'local authority' for the purpose of section 14 (1) (f) of the madhya bharat municipalities act no. 1 of 1954. 2. the question arose for consideration under the following circumstances. 3. on 26-4-1959 election to the khachrod ..... an authority, in order that it can be called local authority must be one which performs functions not dissimilar to functions, performed either by a municipal committee, district board, port commissioners or the like, such authorities must be meant to serve a locality. such authorities must derive its funds under ..... prakash, (s) air 1957 ail 384 by mehrotra, j., and also in writ petition no. 1010 of 1959 by bishan narain j., of the punjab high court. other such statutory corporations which though, are, subject to certain governmental control in the matter of policy, are held not be mere government departments .....

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Apr 19 1961 (SC)

Bishan Das and ors. Vs. the State of Punjab and ors.

Court : Supreme Court of India

Decided on : Apr-19-1961

Reported in : AIR1961SC1570; [1962]2SCR69

..... ramji das they came into possession of the properties in question but in january, 1958, the respondents, namely, the state of punjab, some of its officials, and the municipal committee, barnala, by force and without any authority of law dispossessed them from the dharmasala in question and further deprived them of ..... later constructed with the permission of the authorities concerned for meeting the expenses for the maintenance of the temple and dharmasala. soon after, that is in 1911, there was a complaint against ramji das (ex. b) in which allegations were made to the effect that ramji das was utilising the dharmasala for ..... from his fellow subjects and visits him with a disability which is not imposed upon the others. we have here a highly discriminatory and autocratic act which deprives a person of the possession of property without reference to any law or legal authority. even if the property was trust property it ..... , the state or its executive officers cannot interfere with the rights of others unless they can point to some specific rule of law which authorises their acts. in ram prasad narayan sahi v. the state of bihar : [1953]4scr1129 this court said that nothing is more likely to drain the vitality ..... bhagwan das; whether it was a licence coupled with a grant or an irrevocable licence within the meaning of s. 60(b) of the easements act, 1882. these are disputed questions which we do not think that we are called upon to decide in the present proceeding. the admitted position, .....

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Apr 25 1961 (HC)

Kangra Valley Slate Company Ltd. Vs. Kidar Nath Girhsar Lal and ors.

Court : Punjab and Haryana

Decided on : Apr-25-1961

Reported in : AIR1961P& H540

..... question under consideration by the plaintiff. 11. i would, therefore, answer the question referred to the full bench in this way that section 3 (a) of punjab act no. 1 of 1954 is not limited to the rights, title and interests of proprietors as such, but extends to all persons having the same in the ..... , but where a statute does not admit of construction because of the apparent clarity of the language used, this rule can have possibly no application. in punjab act no. 1 of 1954 the legislature has in section 3 directly made a provision interfering with the vested rights of those who have such rights in the ..... in the land included in the shamilat deh. so that as this reference is confined to the very question before this bench, the question whether or not punjab act no. 1 of 1934 deals with rights, title and interests over land does not arise. whatever the soundness of this argument, it does not arise in ..... plaintiff are profit a prendre with the result that the rights under the lease with the plaintiff are rights over land and not rights in land so that punjab act no. 1 of 1954, which merely deals in section 3 with rights, title and interests in land, does not apply to the case of rights, ..... the plaintiff is going to be deprived on the interpretation suggested by the defendants and accepted by the learned trial judge; and(3) that at the most punjab act no. 1 of 1954 deals with rights in land and not with rights over land, there being distinction between rights in or rights over land (entry .....

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Aug 01 1961 (HC)

Shri Amar Chand Butail and anr. Vs. the Union of India (Uoi) and ors.

Court : Himachal Pradesh

Decided on : Aug-01-1961

Reported in : AIR1962HP43

..... cession it is stipulated that certain inhabitants should enjoy certain rights, that does not give a title to these inhabitants to enforce these stipulations in the municipal courts. the right to enforce remains only with the high contracting parties.' air 1947 pc 1. 'where a state has been ceded by a ..... hitherto unoccupied by a recognized ruler. in all cases the result is the same. any inhabitant of the territory can only make good in the municipal court established by the new sovereign such rights as that sovereign has, through his officers; recognized. such rights as he had under, the rule of ..... in respect of the following documents:--(i) original letter dated 20th of march 1951 from the chief conservator of forests himachal pradesh to the a. g. punjab and himachal pradesh states. (ii) original report of the accountant jubbalsub-treasury dated: 17-2-51. (iii) original report dated 28-11-48 of ..... company shall always be assessed to income-tax at rates specified therein was binding on the government of india after the patiala and the east punjab states union of which the erstwhile jind state was a component part merged in the union of india. the decision of that question depended upon ..... a matter between independent sovereigns and any dispute arising there from must be settled by recourse not to municipal law of either states but to diplomatic action, and that failing, to force. that is an act of state pure and simple, and that is its character until the process of acquisition is completed .....

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