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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Sorted by: old Year: 1977 Page 6 of about 103 results (0.166 seconds)

Jul 06 1977 (HC)

Gyasi Ram Vs. Ram Chandra Singh

Court : Allahabad

Decided on : Jul-06-1977

Reported in : AIR1978All376

..... siugh, (air 1960 manipur 54); fateh chand v. brij bhushan prakash : air1957all801 ; ratneswar v. mongoli chutiani (air 1951 assam 70); g. goculdas tejpal v. municipal commissioner, (18 bom 256) (sic)reference was also made to 1962 all lj (summary of cases) 44.7. on the basis of the submissions made by the learned ..... ); mukat singh v. misra paras ram, (air 1924 all 726); hashmat husain v. saghir ahmad : air1958all847 ; ramayan prasad v. gulabo kuer : air1967pat35 ; mohd. amir v. municipal board. sitapur : air1965sc1923 ; sada ram v. gajjan siama ; daya ram v. chiraunji lal : air1977all449 .6. shri b. p. agarwal, learned counsel for the plaintiff-respondent, ..... in that very suit. the observations merely say that the denial may be made in the pleadings or in other documents. in my view, the punjab decision purporting to be based on : air1965sc1923 does not lay down the correct law. moreover, as i have noticed 'above, the division bench ..... terms, whether the same be in a pleading or in other documents, no forfeiture is incurred.'30. in my view with respect, the punjab case has not correctly interpreted the aforesaid supreme court pronouncement. far from dissenting from the law laid down in air 1919 pc 1 the supreme ..... : air1965sc1923 . the following passage from the said supreme court's judgment was extracted and relied on in the punjab case (at p. 1928):'no doubt the provisions of the t. p. act were not, it is stated in terms, applicable to the area in question, but it has been laid down .....

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Jul 07 1977 (HC)

Sri Durga Saw Mill Vs. State of Orissa and ors.

Court : Orissa

Decided on : Jul-07-1977

Reported in : AIR1978Ori41

..... him down to the condition. .....'this decision has in terms been approved by the supreme court in the case of haridwar singh v. bagun sumbrui (supra).natesan, j. in the municipal council case (ilr (1969) 1 mad 124) also referred to this aspect by saying :'.....it may also be stated thatquite often in conditions of auction sale, a proviso is found ..... constitutes an offer and the auctioneer may accept or reject the bid. before its acceptance, the bidder has the liberty of revoking his offer. .....'a similar dispute arose before the punjab high court in an excise settlement. - kapur, j., as the learned judge then was, in the case of union of india v. narain singh, air 1953 puni 274 stated:'..... ..... not returned to us immediately, we, therefore, earnestly requestthat the d.f.o., baripada, districtmayurbhanj may kindly be directedto refund the security deposit as detailed in schedule below and forwhich act of your kindness we shallever remain grateful. ' receipt of these letters is clearly admitted in the counter affidavit. there is no scope for entertaining a second opinion that as a ..... pleaded nor advanced any contention to justify that there was consideration for the contract against withdrawal. an agreement without consideration is void as provided under section 25 of the contract act.there is admittedly no contract until by approval of the competent authority acceptance is complete. therefore, counsel for petitioner has rightly contended that the clause in question was a meaningless .....

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Jul 13 1977 (HC)

Nagar Mahapalika Vs. P. Gurnai and anr.

Court : Andhra Pradesh

Decided on : Jul-13-1977

Reported in : 1978CriLJ53

..... reflects and incorporates the modern approach and latest trend in penology.'the above principle was followed in jai narain v. the municipal corporation delhi : 1973crilj49 . it was held that : adulteration of 'food' being a menace to public health and the act having been enacted with the aim of eradicating that anti-social evil, the court should not lightly resort to the provisions ..... . mr. justice krishna iyer after referring to the, case of isher dass v. state of punjab w2 cri lj 874 (sc) (supra) observed that 'the rehabilitatory purpose of the probation of offenders act, 1958 is pervasive enough technically , to take within its wings . n offence even under the act.' but,a note of caution was sounded in these words:- (at p. 878 of ..... a lenient view of the matter and extend them the benefit of the probation of offenders act. the question of applying the provision of that act to an offence under the prevention of food adulteration act came up before the supreme court in isher dass v. state of punjab : 1972crilj874 where the offender was below 21 years of age. the trial court released him ..... a request was made for the application of the provisions of probation of offenders act. the supreme court confirmed the sentence passed by the trial court, and declined to release the offenders on probation of good conduct. the distinction pointed out ,in isher; dass v. state of punjab 1972 cri lj 874 (sc) (supra) between the offenders above 21 years of age .....

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Jul 18 1977 (HC)

State of Kerala Vs. Rajappan Nair

Court : Kerala

Decided on : Jul-18-1977

Reported in : 1978CriLJ528

..... any person by himself or by any servant or agent. there is therefore no doubt that turmeric powder is food for purposes of the act. (see also ram labhaya v. delhi municipality : 1974crilj672 .5. the further point to be considered is whether there will be any difference if turmeric powder is sold or exhibited ..... , dist. board v. atul chandra air 1933 cal 619 : 34 cri lj 1081.12. the question came up before the orissa high court, in puri municipality v. k. c- anjanayan, whether in a prosecution for sale of adulterated ghee unfit for human consumption the plea is available that it was meant for lighting ..... it is the normal use and not its occasional use that should be taken into account for deciding whether an article is food.10. in kanpur municipality v. janaki prasad air 1968 all 433 : 1963-2 cri lj 244 a full bench of the allahabad high court had occasion to consider whether ..... an offence even if the sale was for the purpose of external application,8. defence taken in the above line was overruled by the patna high court in patna municipal conpn. v. dularchand : air1964pat565 jamshedpur n- a. tcojaranittee v. durga prasad, (1969 cri lj 704i) ;(pat) and also in dilo sao v. state ..... consumption but for agricultural purpose. the court held that since asafoetida is food within the meaning of the act, its occasional use for other purposes would not take it out of the category of food. the punjab high court again considered the question in manohar lai v. state (ilr (1970) 1' punj and har .....

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Jul 21 1977 (HC)

K. Mohideen Ibrahim Vs. M. Muhammed Abdullah

Court : Chennai

Decided on : Jul-21-1977

Reported in : AIR1978Mad97; (1978)1MLJ386

..... the police. on 23-5-1973, the plaintiff received a copy of the order, dated 21-3-1'973, passed by the commissioner of the municipality granting permission to the defendant to put up constructions. he directed the plaintiff to seek, his remedy in a civil court. according to the plaintiff, ..... settling their disputes either with the aid of mediators or through a competent court. overruling the objections raised by the plaintiff, the commissioner of virudhunagar. municipality granted permission to the defendant to put up constructions. in pursuance of that permission, the defendant started digging up the grounds to lay the foundation ..... been introduced deliberately for the purpose of putting forward a false claim to the suit wall. the defendant applied to the virudhunagar municipality for reconstruction of his building. he filed a plan showing the suit well as a common wall. the plaintiff sent a petition to the commissioner ..... of virudhunagar municipality objecting to the issue of permission to the defendant for putting up constructions in such a manner as to affect his right to the ..... because he mistakenly supposes that he is the owner of the land or asserts that his act of enjoyment is sufficient to give him the ownership by prescription.' similarly in venkata varaha dikshithar v. subbarya pillai, (1911) 2 mad wn 95 it was held that 'a false belief of ownership does not .....

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Jul 21 1977 (HC)

Mira Rani Dey Vs. Namita Goswami and ors.

Court : Kolkata

Decided on : Jul-21-1977

Reported in : AIR1977Cal372

..... show that the learned court was satisfied that the summons was duly served upon the defendant no. 3. in this connection mr. mukherjee refers to a decision reported in : air1967delhi28 (punjab oil expel-lers co., ghaziabad v. madan lal nanda and sons. it has been held that the provisions of the code impose an obligation on the court to satisfy itself ..... so, it cannot be said that mira rani cannot proceed with her application under order 9, rule 13. on this point mr. mukherjee first relies on a case reported in (1911) 15 cal wn 798 (intu meah v. dar baksh bhuiyan). in this case it has been held that 'where a decree was passed against several defendants against some of whom ..... that ths application is barred by limitation, mr. mukherjee submits that even assuming that the defendant had knowledge of the suit, for the application of article 164 of the limitation act it is necessary to ascertain when the defendant applying for setting aside the ex parte decree had knowledge of the decree. mere knowledge of the date of the suit would .....

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Jul 22 1977 (HC)

S. Ramaswami Vs. the Commissioner, Corporation of Madras

Court : Chennai

Decided on : Jul-22-1977

Reported in : AIR1978Mad141

..... , the supreme court had to consider the scope of the words 'may reasonably be expected to let from year to year' occurring in section 3(1)(b) of the east punjab municipal act, 1911, and it was pointed out- 'thus, whatever may be our views on the reasonableness of tying down assessment, for the purposes of rating, to the concept of a rent which ..... of rent based upon fraud, emergency, relationship and such other considerations may take it out of the bounds of reasonableness.'in guntur municipal council v. rate payer's assn. : [1971]2scr423 construing section 82(2) of the madras district municipalities act, the supreme court pointed out that for determining the annual value of the buildings under the said section, the test essentially is ..... . speaking for the bench had expressed the view that though the fair rent fixed under the house rent control act may and ordinarily should be taken into consideration by the municipal authorities in computing the annual value under section 82 of the district municipalities act, they are not bound to take such fair rent as necessarily the rent for which the premises may reasonably ..... calcutta v. padma debi : [1962]3scr49 it was held that on a fair reading of section 127 (a) of the calcutta municipal act, 1923, the annual rent could not be fixed higher than the standard rent fixed under the rent control act. after quoting a passage from a judgment of the judicial committee of the privy council in bengal nagpur rly. co. ltd .....

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Jul 22 1977 (HC)

S. Ramaswamy Vs. the Commissioner, Corporation of Madras

Court : Chennai

Decided on : Jul-22-1977

Reported in : (1977)2MLJ457

..... , the supreme court had to consider the scope of the words 'may reasonably be expected to be let from year to year' occurring in section 3(1)(b) of the punjab municipal act, 1911 and it was pointed out:thus, whatever may be our views on the reasonableness of tying down assessment, for the purposes of rating, to the concept of a rent which ..... rate of rent based upon fraud, emergency, relationship and such other considerations may take it out of the bonds of reasonableness.in guntur municipal council v. ratepayers' association : [1971]2scr423 , construing section 82(2) of the madras district municipalities act, the supreme court pointed out that for determining the annual value of the buildings under the said section the test essentially is what ..... ., speaking for the bench had expressed the view that though the fair rent fixed under the house rent control act may and ordinarily should be taken into consideration by the municipal authorities in computing the annual value under section 82 of the district municipalities act, they are not bound to take such fair rent as necessarily the rent for which the premises may reasonably ..... v. smt. padma debt : [1962]3scr49 , it was held that on a fair reading of section 127(a) of the calcutta municipal act, 1923, the annual rent could not be fixed higher than the standard rent fixed under the rent control act. after quoting a passage from a judgment of the judicial committee of the privy council in bengal nagpur rly. co. ltd .....

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Jul 27 1977 (SC)

Miran Devi Vs. Birbal Dass

Court : Supreme Court of India

Decided on : Jul-27-1977

Reported in : AIR1977SC2191; (1977)3SCC496; [1978]1SCR188; 1977(9)LC487(SC)

..... months prior to the 1st january, 1939; and(b) the rental value of such building or rented land if entered in property tax assessment register of the municipal, town or notified area committee, cantonment board, as the case may be, relating to the period mentioned in clause (a).clause (b) admittedly was ..... 24, 1967, he filed an application under section 4 of the east punjab urban rent restriction act, 1949-hereinafter called the act, for fixation of the fair rent of the building. the senior sub-judge, hissar acting as the rent controller under the act, found the evidence adduced by the respondent insufficient to enable him to fix ..... year 1938. over the said prevailing rate, he has allowed the increase of 50% in accordance with sub-section (5) of section 4 of the act. the high court in revision has affirmed the decision of the district judge on the question of fixation of basic rent. we do not find any ..... would justify this court's arriving at a different conclusion.3. we shall read the relevant portion of sub-section (2) of section 4 of the act. it says:in determining the fair rent under this section, the controller shall first fix a basic rent taking into consideration-(a) the prevailing rates ..... circumstances was rs. 3/- per month as erroneously held by the district judge under clause (a) of sub-section (2) of section 4 of the act. mr. b.d. sharma, learned counsel for the respondent, however, submitted that the rent had been fixed taking into account the prevailing rate for the same .....

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Jul 27 1977 (HC)

T. Munuswami Naidu (Died) and ors. Vs. R. Venkata Reddi and ors.

Court : Andhra Pradesh

Decided on : Jul-27-1977

Reported in : AIR1978AP200

..... law' said sr. leslie scarman in the hamlyn lectures - 26th series - 'english law - the new dimension' ' is concerned with the rights and obligations of the state is setting of municipal law. the common law is treated as a private law system, concerned, essentially with the person, the property and the reputation of the individual. its primary concern has been, to ..... of the state. in its origin in belongs to the one, in its functions it belongs to the other'.mukarjee, c. j. in ram jaways kapur v. state of punjab : [1955]2scr225 :our constitution , though federal in its structure is modelled on the british parliamentary system where the executive is deemed to have the primary responsibility for the formulation ..... growth of administrative law in england, but the underlying explanation is to be found in the vast extension of state and municipal activity which has take place during the past years.... ... .... ... all of them (referring to some social legislative acts) extending the realm of public administration and regulation to spheres undreamed of by the laissez-faire individualists of the early ..... majority in the legislature concentrates in itself the virtual control of both legislative and executive functions; and as the ministers constituting the cabinet are presumably agreed on fundamental and act on the principle of collective responsibility, the most important question of policy are all formulated by them'.what is therefore manifest is that the responsibility for the formulation of .....

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