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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Sorted by: old Year: 1977 Page 10 of about 103 results (0.086 seconds)

Nov 19 1977 (HC)

Smt. Mankunwar Bai and ors. Vs. Sunderlal Jain

Court : Madhya Pradesh

Decided on : Nov-19-1977

Reported in : AIR1978MP54

..... recoverable, one has to read something extra in this legislative provision.'these observations now do not hold good in view of their lordships' decision in new delhi municipal committee v. kalu ram, air 1976 sc 1637 (supra).16. in abdul gafoor v. abdeali, 1973 mplj 179 (supra) although calcutta decisions were cited, ..... placed on abdul gafoor v. abde ali, 1973 mplj 179. the learned single judge was of the opinion that in view of the observations in new delhi municipal committee v. kalu ram air 1976 sc 1637 the decision in abdur gafoor v. abde ali (1973 mplj 179) (supra), which was decided by & division ..... , air 1962 punj 256 (fb). it can be seen from the discussion contained in paragraphs 5 and 6 of that decision that the learned judges of punjab high court were influenced by the expression 'rent due by him' when neither the words legally due' nor the word 'recoverable' were used. it was ..... claim rent otherwise time-barred. in the present socio-economic set up, the accommodation control act cannot be interpreted to be a handle to recover time-barred rent, which otherwise, the landlord could not have done. new delhi municipal committee v. kalu ram (air 1976 sc 1637) (supra).13. the view that we ..... view we are taking, the division bench preferred to follow the punjab case. in nashiban bibi v. parul bala dutt, ilr (1959) 2 cal 490 the provisions of the west bengal premises tenancy act, 1956, were under consideration. section 17 (1) of that act employs the same words as section 13 (1) of the m .....

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Nov 29 1977 (HC)

Commissioner of Income-tax, Bombay City-iv, Bombay Vs. Teritex Knittin ...

Court : Mumbai

Decided on : Nov-29-1977

Reported in : [1978]114ITR634(Bom)

..... their lordships of the privy council were delivered by lord atkinson. the decision turned upon the true interpretation of section 197 of the municipal act c. 52 of the statutes of british columbia,. 1914, whereunder exemption was given from municipal, rates and taxes, inter alia, to every building set apart and on use for the public workship of god. there were six other ..... , considered the statutory provisions under discussion and observed that 'building' clearly meant the structures and would not include the site. accordingly, the supreme court, set aside the judgment of the punjab high court and answered the question in the negative and against the assessee. 8. a division bench of the bombay high court had an occasion to consider the decision in ..... structure itself, it sometimes includes the land on which the building, stands, and the land within the enclosure belonging to the building and appropriate to its use'. according to the punjab high court, therefore, it was clear that the word 'building' will have to be construed in the context of the statute in which it is used. 7. when the matter ..... court and the supreme court were considering the question whether the cost of land is entitled to depreciation under the schedule to the income-tax act along with the cost of the building standing thereon. the punjab high court answered the question in the affirmative observing that the land underneath the building has to be treated as the building for purposes of .....

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Dec 02 1977 (SC)

Mohinder Singh Gill and anr. Vs. the Chief Election Commissioner, New ...

Court : Supreme Court of India

Decided on : Dec-02-1977

Reported in : AIR1978SC851; (1978)1SCC405; [1978]2SCR272

..... of laws relegating powers to public officers and administrative agencies. the powers thus granted involve a multitude of functions that are discoverable only through practical experience. x x x xa municipality, empowered, by statute to construct sewers for the preservation of the public health, interest and convenience, was permitted to construct a protecting wall and pumping plant which were necessary ..... item shall be inserted, namely:-(iii) 30 april 1977 (saturday) as the date before which the election shall be completed in '13-ferozepur parliamentary constituency in the state of punjab.' [464/77]by order sd/- a.n. sen,secretarythe commission declined to reconsider his decision when the appellant pleaded for it. shocked by the liquidation of the entire poll, ..... in our jurisprudence by a catena of cases here and elsewhere.the conspectus of facts 4. the historic elections to parliament, recently held across the country, included a constituency in punjab called 13-ferozepore parliamentary constituency. it consisted of nine assembly segments and the polling took place on march 16, 1977. according to the calendar notified by the election commission, ..... to be decided by the election court on a full trial of; the election petition, without the benefit of the opinion of the punjab and haryana high court which has the exclusive jurisdiction under section 80a of tie act to try the election petition. moreover, a statutory right to appeal to this court has been provided under section 116a, on any .....

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Dec 02 1977 (HC)

R.C. Abrol and Co. (Pvt.) Ltd. Vs. A.R. Chadha and Co.

Court : Delhi

Decided on : Dec-02-1977

Reported in : AIR1978Delhi167; [1979]49CompCas77(Delhi); 14(1978)DLT35; 1978RLR163

..... r. c. abrol & co. (p) ltd. was ordered to be wound up by order dated august 19, 1966 passed by the circuit bench of the punjab high court at delhi on a petition dated march 4, 1966 filed for this purpose.7. on august 18, 1971 the official liquidator of the said company filed ..... trivandrum v. t. p. kunhaliumma, : [1977]1scr996 overruled its earlier view expres.4ed in town municipal council, athani v. presiding officer labour court, hubli : (1969)iillj651sc , and held that art. 137 of the limitation act, 1963 is not confined only to applications contemplated by or under the code of civil procedure. the supreme ..... counsel makes the concession rightly for the simple reason that even after the official liquidator is given the benefit of s. 458-a of the act by excluding the time contemplated by that section, the claim petition in the present case was filed on behalf official liquidator only on 18th august, ..... going into the question of the meaning of the word 'claim' as interpreted by the learned company judge in relation to s. 446(2) of the act, the petition filed under s. 446(2) by the official liquidator against respondent no. 1 in the company application, would, in any case, be barred ..... company (respondent no. i in the claim petition) was barred by time and unenforceable under clause (b) of s. 446(2) of the companies act and dismissed the application against the said respondent. the application of the official liquidator against respondents 2 to 5 in the said claim petition was, however, .....

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Dec 02 1977 (HC)

Shanker Housing Corporation (Ext.) Vs. Mohan Devi and Eight ors.

Court : Delhi

Decided on : Dec-02-1977

Reported in : AIR1978Delhi255; 14(1978)DLT153; 1978RLR205

..... 10)m/s. badrimal ramcharan & co. v. m/s. gana kaul & sons air 1971 j&k; 109; (11)m/s. chandrabhan bansilal ramratan dass v. itic municipal council, bikaner and (12)ram kumar shew chandrai v. dominion of india. : air1977cal37 .(19) the decisions in which a different view has been taken are the following. ..... interpretation. in firm buta mal dev raj v. chanan mal and others, air 1964 p&h; 270(8), a division bench of the high court of punjab, falshaw c.j.. and harbans singh j' also dissented from the said view of the division bench of the patnar high court.(21) in bharat sarvodya mills ..... a division bench of the high court of gujarat, j. b. mehta and b. g. thakore jj., held that the provision in section 4 of the partnership act shows that the expression 'firm' is only a! collective term for the partners and it docs not create any distinct legal entity, that the meaning of the expression ..... larger bench, the learned judge referred the following question :- 'whetherthe expression 'persons suing' in section 69(2) of the act means 'all the partners of the firm who were its partners at .the time of the accrual of the cause of action' or it means' all the ..... judge noticed that there was a conflict of judicial opinion as regards the scope of the expression 'persons suing' in section 69(2) of the indian partnership act, 1932. considering that the said question of law is one which arises frequently in suits instituted by firms and, thereforee, requires to be decided by a .....

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Dec 16 1977 (HC)

Bal Krishna Tiwari Vs. Registrar of Awadhesh Pratap Singh, University, ...

Court : Madhya Pradesh

Decided on : Dec-16-1977

Reported in : AIR1978MP86; 1978MPLJ172

..... well established, but on the facts and circumstances of the present case, these cases are clearly distinguishable.23. in k. r. shenoy v. udipi municipality, air 1974 sc 2177, it was held that an excess of statutory power cannot be validated by acquiescence in or by the operation of an ..... air 1955 sc 504; bihar e. g. f. co-op. society v. sipahi singh, air 1977 sc 2149; mathura parshad & sons v. state of punjab, air 1962 sc 745; excise commr. v. ram kumar, air 1976 sc 2237 and gappulal v. state of m. p., 1971 mplj 547 : (1971 tax ..... the university would have accepted the interpretation in favour of the petitioner particularly in respect of the meaning of the expression 'university established under this act.' thus, there being also violation of natural justice, the petitioner is entitled to a suitable writ.27. in shri krishan v. kurukshetra university, ..... referred to as the repealed enactment);(ii) the universities established under the repealed enactments shall be deemed to be the universities established under this act and shall be known by the name of the respective universities with headquarters at places and territorial jurisdiction over the areas as specified in ..... affected. their aim is to prevent miscarriage of justice. where there is violation of principles of natural justice, proceedings can be quashed by certiorari. acts of public authorities, judicial, quasi-judicial or administrative, can be challenged when the rules of natural justice have been contravened,7. however, the rules .....

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Dec 16 1977 (SC)

Barjure Kaikhosroo Maarfatia Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Dec-16-1977

Reported in : AIR1978SC434; 1978CriLJ507; (1978)1SCC596; [1978]2SCR479

..... the estate manager the collections made by him from each member of the society, to credit the full amount of collection in the bank account of the society, to pay municipal taxes and make other payments of big amounts by cheques only after varifying the minute book and satisfying himself that such payments had been sanctioned by the managing committee and ..... collected by the estate manager from the members of the society, to reimburse the estate manager by cheques for sundry expenses which the latter may have incurred, to pay the municipal taxes and to make other payments of bills again by cheques only and that too after verifying from the minute book that such payments had been sanctioned by the managing ..... . phadke relied are sham balu chaugule v. state of maharashtra : 1976crilj492 jai ram and ors. v. state of u.p. and anr. : 1976crilj725 sarwan singh and ors. v. state of punjab : 1976crilj1757 in all of which the acquittal recorded by the trial court was interfered with by high court and such interference was confirmed by this court and he urged that .....

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Dec 19 1977 (HC)

General Fibre Dealers Ltd. Vs. Income-tax Officer and ors.

Court : Kolkata

Decided on : Dec-19-1977

Reported in : [1979]116ITR40(Cal)

..... my attention to several decisions. first, he referred to certain cases dealing with the question of pension and placed reliance on the observations of the punjab high court in the case of bhagwant singh v. union of india, , where it was held that pension granted to public servant was property ..... assumed jurisdiction which they did not possess. the supreme court had further observed that in attempting to bypass the provisions of the i.t. act by inviting the high court to decide the questions which were primarily within the jurisdiction of the revenue authorities, the party approaching the court had ..... i have mentioned before, it is necessary to precisely state the issue involved in this case. in case of illegal taxation the question of acting contrary to the provision of the constitution would arise because article 265 of the constitution provides that no tax would be levied or collected except ..... in this application. the question will have to be determined in the light of article 226 of the constitution, as amended by the 42nd amendment act. on behalf of the petitioner, it was contended that even under article 226 of the constitution, as amended, this would be entertainable, and the ..... as i had pointed out in my previous decision, would result. but their lordships of the allahabad high court referred to section 2 of the act which provided the definition with the words 'unless the context otherwise requires'. according to their lordships of the allahabad high court, if the context of .....

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Dec 19 1977 (HC)

Bichitrananda Nayak Vs. State of Orissa

Court : Orissa

Decided on : Dec-19-1977

Reported in : 45(1978)CLT369; 1978CriLJ1050

..... i.p.c. would afford protection to the petitioner in this case and the act of the petitioner in storing the mustard oil would not amount to an offence. reliance was placed on a decision of the punjab and haryana high court reported in 1973 cr lj 721 (municipal committee, amritsar v. arjan singh). but the facts of that case are clearly distinguishable ..... that point. but it appears that the above evidence of the food inspector was not at all challenged by cross-examination. section 13(3) of the prevention of food adulteration act provides that the certificate issued by the director of the central food laboratory shall supersede the report given by the public analyst. sub-section (5) of that section also provides ..... orderp.k. mohanti, j.1. the petitioner has been convicted under section 16(1) of the prevention of food adulteration act, 1954 and sentenced to undergo r.i. for 3 months and also to pay a fine of rs. 500/- or in default to undergo r.i. for a further period .....

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Dec 21 1977 (HC)

M. Reddannam Vs. Revenue Divisional Officer and ors.

Court : Andhra Pradesh

Decided on : Dec-21-1977

Reported in : [1980]46STC232(AP)

..... question: 'whether the revenue divisional officer has jurisdiction to issue a warrant of arrest and detention of defaulter under s. 48 of the revenue recovery act (act ii of 1864)', to a larger bench having regard to the importance of the question and the mistiness surrounding the judicial opinion over the same. ..... that the revenue divisional officer has jurisdiction to issue a warrant of arrest and detection of the defaulter under sec. 48 of the revenue recovery act. (act 2 of 1864) within the limits of the division over which he has to charge.37. the question is accordingly answered and the matter is ..... to exercise within the division under his charge, all the powers given to the collector, sunder any law, be it a regulation or an act. the revenue act was passed long after the regulation of 1828. therefore, when the word 'collector' was used in s. 48 it must be taken as ..... same effect is the decision of the full bench in n. i. caterers (pr) ltd v. state of punjab, .34. now applying these principles can it be said that the 1961 act has impliedly repealed s. 3 of the 1828 regulation? as we have pointed out above, there is no inconsistency ..... now the district revenue officers, in addition to the district collectors can exercise the power of arrest and detention under s. 48 of the revenue recovery act and nobody else. the andhra pradesh subordinate collectors and revenue malversation (amendment) regulation, 1828 does not confer these powers on subordinate collectors or revenue divisional .....

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