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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Sorted by: old Year: 1962 Page 1 of about 78 results (0.119 seconds)

Jan 29 1962 (HC)

Firm Adarsh Industrial Corporation Vs. Market Committee, Karnal

Court : Punjab and Haryana

Decided on : Jan-29-1962

Reported in : AIR1962P& H426

..... not possess, unless the statute expressly confers the power on the tribunal to determine whether a matter falls within its jurisdiction or not. section 225 of the punjab municipal act (3 of 1911) illustrates this; it provides a remedy by way of appeal in certain cases to such an officer as the state government may appoint or to the deputy ..... municipal committee. the civil courts could, under section 55 of specific relief act, issue instructions to the municipal committee even in cases where section 45 of ..... a division bench of the lahore high court in administrator, lahore municipality v. munir-ud-din sheikh, air 1941 lah 200, that the civil courts, in spite of section 225 of punjab municipal act, could interfere with the discretionary orders of the municipal committee under section 193(2) of the punjab municipal act if those orders were an abuse of the power vested in the ..... that act did not apply.(20) respondent's .....

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Feb 05 1962 (HC)

Kelash Nath S/O. L. Durga Dass and ors. Vs. Municipal Committee, Batal ...

Court : Punjab and Haryana

Decided on : Feb-05-1962

Reported in : AIR1962P& H389

..... schedule under which octroi duty was chargeable by the municipal committee was barred by virtue of the provisions contained in sections 84 and 86 of the punjab municipal act, 1911.(2) the plaintiffs were dealers in sports and carried on business within the municipal limits of municipal committee, batala. in the course of their business ..... to any decision which would weaken or detract from the force of what has been laid down in that case.(6) section 84 of the punjab municipal act provides for an appeal against assessment or levy of any tax. it also makes a provision for reference to the high court. section 86 ..... decision of the chief court in municipal committee, ambala v. mohander singh, 38 pun re 1911. in that case a suit had been filed for a refund of the customs duty on the goods exported by the plaintiffs. the rules made under the punjab municipal act 13 of 1884 provided that an appeal ..... against an order passed under the rules would lie to the deputy commissioner or the commissioner. the plaintiffs, instead of appealing to the commissioner, filed a suit after the president of the municipal committee had refused to ..... way of injunction could be granted. din mohammad, j., who wrote the leading judgment, examined the entire scheme of taxation contained in the municipal act including the provisions of sections 84 and 86 as also the relevant case law and he came to the conclusion that the remedy provided in .....

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Mar 20 1962 (SC)

Maharaj Jagat Bahadur Singh Vs. Badri Prasad Seth

Court : Supreme Court of India

Decided on : Mar-20-1962

Reported in : (1963)65PLR452; [1962]Supp(3)SCR952

..... , the secretary, municipal committee, simla, wrote to the respondent about the defect in respect of the right hand pillar of the screen and required ..... means of a notice to do the repairs within fifteen days of the receipt of the notice. the secretary issued the notice perporting to act under ss. 113 and 114 of the punjab municipal act, 1911. it appears that the municipal committee had the pillar inspected again in november, 1956, by the executive engineer, simla central division. this time the executive engineer suggested that ..... learned district judge came to the conclusion that the notices under ss. 113 and 114 of the punjab municipal act, 1911, had been manipulated by the landlord after the amendment made in s. 13 of the act on september 24, 1956, and that the appellant did not bona fide require the building for carrying out the repairs in question. the learned district judge ..... wrote to the president, simla municipal committee, asking him to get the pillar in the ranzor hall inspected by the executive engineer in order to have his opinion whether the pillar was really in a dangerous condition and required any action on the part of the municipal committee under s. 116 of the punjab municipal act, 1911 (punjab act iii of 1911). 3. on october 30, 1956 .....

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Aug 07 1962 (HC)

Prithi Chand Vs. Lieutenant-governor

Court : Himachal Pradesh

Decided on : Aug-07-1962

Reported in : AIR1962HP59

..... in the following circumstances:2. theog was at first a notified area under the punjab municipal act, 1911, hereinafter to be referred as 'the municipal act', as applied to himachal pradesh. subsequently, it was declared to be a small town under the punjab small towns act, 1921, hereinafter to be referred as 'the s. t. act' as applied to himachal pradesh. in accordance with section 4 of the s ..... , referred to above, is attacked therefore fails.11. the second ground urged on behalf of the petitioner is also not tenable. the municipal act was passed in 1911 and the s. t. act in the year 1921. the former dealt with municipalities while the latter with the small town committees and the legislature in its wisdom may not have considered it proper to couch section ..... the party affected thereby.36. the case of harnam singh modi v. state of punjab, air 1960 punj 186 is distinguishable inasmuch as the order of removal of a municipal member which was impugned was held to have been made under section 16(1) (e) of the municipal act, a section which specifically provided for the affording of an opportunity of tendering an explanation ..... . t. act a small town committee of theog was established on 25-4-1953. the committee .....

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Nov 05 1962 (HC)

Ram Partap Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Nov-05-1962

Reported in : AIR1963P& H354

..... shall be charged, levied and paid an annual lax on buildings and lands', and that section 61 (1) (a) of the punjab municipal act, 1911 (punjab act 3 of 1911), also says that any municipal committee may impose 'a tax payable by the owner on buildings and lands and, therefore, tax is twice charged 'on buildings ..... that it therefore conflicts with the powers of the central legislature to make law in regard to income-tax. these arguments were repelled and punjab act 17 of 1940 was held constitutionally valid. the position under the constitution continues to be the same. the only difference is that the ..... 20. there are then for consideration the matters raised by the petitioner in his written arguments. the first argument is that the extension of punjab act 17 of 1940 to the former pepsu state area is 'ultra vires' because of the provisions of the constitution and subsequent adaptation of laws ..... the days of the former pepsu state the patiala municipality determined the annual rental value of the house at rs. 324a. at that time patiala was the capital of that state. plow the assessing authority under the punjab urban immovable property tax act, 1940 (punjab act ho. 17 of 1940), has determined rs. 486 ..... and lands', once under punjab act 3 of 1911 by a local authority and second lime by the state government under punjab act 17 of 1940. this he .....

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Dec 19 1962 (HC)

Daulat Ram and ors. Vs. Municipal Committee, Tankanwali and ors.

Court : Punjab and Haryana

Decided on : Dec-19-1962

Reported in : AIR1963P& H367

..... trade or calling not specified in thisschedule;rs.15-9-0now, this imposition was made by virtue of the power conferred on the state government under section 242 of the punjab municipal act. compliance with the provision of this section has not been challenged. the only attack is' that the classification contained in tha two categories is arbitrary anil, therefore, hit by the ..... government department, notified areas, the 3rd march, 1945. no. 71-c/45/11687 -- in exercise of the powers conferredby clause (a) of sub-section (1) of section 242 of thepunjab municipal act, 1911, the governor of the punjabis pleased to impose in the notified area of tankanwali,in the ferozepur district with effect from the 1st april,1945, the tax described below: description ..... after reversing the decree of the court of first instance dismissing the plaintiffs' suit. 2. about 90 plaintiffs instituted the suit out of which this appeal has arisen against the municipal committee, tankarrwalli, ferozepur, challenging the notification no. 71-c/45/11687 dated 3-3-1945 imposing profession tax at the rate of rs. 25/- per annum on plaintiffs nos. 1 ..... case having been referred to a larger bench by bishan narain j. in that case also, a notification imposing a tax under section 31 (6) of the puniab district boards act was assailed on the ground of offending the equal protection of laws rule contained in article 14 of the constitution. the validity of the notification was upheld, but the learned .....

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Jan 11 1962 (HC)

State of Madhya Pradesh Vs. Ch. Jawahirlal Batai Sao and ors.

Court : Madhya Pradesh

Decided on : Jan-11-1962

Reported in : AIR1962MP348; 1962MPLJ692

..... responsible for the amount of the promissory-note because the liability was never accepted by the state and was ultimately denied. the denial constituted an act of the state which could not be inquired into by the municipal courts. 8-9. as regards the first question, we may at once say that the point has no substance in it. (his lordship considered ..... appellant in both the appeals urged that for establishing a business for the manufacture of industry of alcohol and essential oils and for purchase of wheat and barley in the punjab, there was an agreement between him and the maharaja of mayurbhanj that the capital would be contributed by the parties in a specified manner and that the profit and loss ..... that the pre-cession rights of the old inhabitants shall be respected but such stipulations cannot be enforced by individual citizens because they are not parties to those stipulations. the municipal courts have jurisdiction to investigate and ascertain only such rights as a new sovereign has chosen to recognise or acknowledge by legislation, agreement or otherwise.27. applying the principles above ..... plaintiff unless the liability thereunder was subsequently accepted by the present state or the provincial government. the plaintiffs being citizens of the acquired territory can enforce and establish in the municipal courts those rights only which the new sovereign recognised. the stipulation, even (sic) it be presumed to be in the covenant of cession does not confer on the plaintiffs any .....

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Jan 11 1962 (HC)

Murid Khan and ors. Vs. Usman Khan and ors.

Court : Punjab and Haryana

Decided on : Jan-11-1962

Reported in : AIR1962P& H475

..... sole to the appellants on 5th of may, 1955 for a sum of rs. 492/-. the provisions of section 54 of the transfer of property act were extended to punjab on 1st of april, 1955 and on the assertion that the oral sale was invalid the plaintiffs sought redemption of the suit property on payment of ..... high court has ruled in chandra nath mukherjee v. chulai pashi air 1960 cal 40, that 'the provisions of section 53a of the transfer of property act come into operation when there is some writing signed by the transferor and not when there is some writing signed by the transferee.'a division bench of the ..... the doctrine of part performance should have been applied in their favour although the transaction of sale required registration under section 54 of the transfer of property act. admittedly, there is no writing to evidence the oral sale. it has been held in a division bench authority of this court (khosla and dulat jj ..... .) in new delhi municipal committee v. h. s. rikhy, air 1956 punj 181, that the doctrine of part performance as embodied in section 53a of the transfer of property act can be invoked only when there is a writing in existence signed by the transferor ..... (1) whether the transaction of oral sale requiring compulsory registration under section 54 of the transfer of property act is saved by the doctrine of part performance is the question which falls for determination in this appeal.(2) the plaintiffs respondents brought .....

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Jan 31 1962 (HC)

Mangat Ram Roshan Lal and ors. Vs. Punjab State and ors.

Court : Punjab and Haryana

Decided on : Jan-31-1962

Reported in : AIR1962P& H350

..... the state legislature cannot, in may opinion, hold good. very similar power has been given to the municipal committees under the punjab municipal act, and it is pertinent to notice that in connection with somewhat similar power exercisable by a municipal committee under the bombay district municipalities act, 1901, an argument on the lines adopted by mr. awasthy before us was found unacceptable by the ..... supreme court in western india theatres ltd. v. municipal corporation of the city of poona, air 1959 sc 586 ..... was dismissed with costs. most of the same objections have been again taken before us.(3) the tax has been imposed by virtue of section 30 of the punjab district boards act which runs thus-'30. a district board may, with the previous sanction of the state government, impose any tax which the state legislature has power to impose in ..... chapter vii of the act. taxes, therefore, can be levied by the municipality only for implementing those purposes and for no others purpose.' in the present case, the restrictions are even more stringent and the guiding principles more clearly stated, and i cannot find any ground for holding that section 30 of the punjab district boards act offends against the rule .....

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Feb 14 1962 (HC)

Shiv Kumar and ors. Vs. State

Court : Allahabad

Decided on : Feb-14-1962

Reported in : AIR1963All395; 1963CriLJ118

..... a general provision with regard to the application of the c.p.c. consequently proceedings before an election tribunal constituted under the u. p. municipalities act approximate in all essential matters to proceedings in civil courts and the tribunal possesses the necessary attributes of a court.11. the learned counsel, ..... the provisions of c. p. c. are to be followed by the tribunal unless they are inconsistent with any provision of the u.p. municipalities act or any rule made thereunder. clause (d) of sub-section (2) of section 23 makes it obligatory on the tribunal to receive evidence adduced ..... 5. the only point that arises for determination is whether a tribunal, constituted by the state government under the u. p. municipalities act, for hearing an election petition is a court, within the meaning of clauses (b) and (c) if sub-section (1) of section 195 of ..... sri shiva kumar and others went in revision before the sessions judge. the sessions judge held that an election tribunal, constituted under the u. p. municipalities act, is a court within the meaning of section 195, 'cr. p. c. he has, therefore, made this reference with the recommendation mentioned above. ..... tribunal having the trappings of a court, have been explained and laid down by the supreme court in virindar kumar satyawadi v. state of punjab : 1956crilj326 . their lordships observed at p. 157:'it may be stated broadly that what distinguishes a court from a quasi-judicial tribunal is .....

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