Court : Delhi
Decided on : Dec-13-1966
Reported in : AIR1967Delhi24
..... buth the courts below that the point was raised and decided there on the basis of the description given in the report and the ntoice under section 195 of the punjab municipal act. in these circumstances, i do nto feel inclined to accept mr. bishamber dayal's suggestion. 7. mr. bishamber dayal then pointed out that the verandas in the connaught place have ..... attention to paragraph 5 of the plaint and said that the plaintiff's main grievance was about the bar of limitation in issuing the ntoice under section 195 of the punjab municipal act and the question whether the almirahs were 'building' or nto had nto been raised in the plaint and should nto have been permitted to be agitated by the courts below ..... pure finding of the fact being based on evidence, it is nto open to me to review the same. i consequently hold that the ntoice under section 195 of the punjab municipal act was within time. two toher contentions raised by the plaintiff before the lower appellate court were: 1 the almirahs did nto fall within the definition of the word `building' in ..... the puce walls in the verandah of block `a' ... ' on 18th december, 1966, the appellant filed a suit for a declaration that the said ntoice under s. 195 of the punjab municipal act was illegal and void and for an injunction restraining the respondent from dismantling the said almirahs. it was alleged by the plaintiff that the said almirahs had been fixed in .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-13-1966
Reported in : AIR1967P& H430
..... to perform and has persistently made default in the performance of duties imposed on it by or under the punjab municipal act, 1911--now, therefore, in exercise of the powers conferred by section 238 of the aforesaid act, the governor of punjab hereby directs that the said municipal committee of kharar in the ambala district shall be superseded with immediate effect and directs that all powers and ..... , kharar * * * is incompetent to perform and has persistently made defaults in the performance of duties imposed on it by or under the punjab municipal act 1911.' i am wholly unable to accede to this contention. the reasons required as a condition precedent by section 238 to be stated in a valid notification superseding a committee, in ..... given in the government notification dated 19th june, 1965. it was specifically mentioned in the said notification that the municipal committee, kharar was incompetent to perform and had persistently made default in the performance of duties imposed on it by or under the punjab municipal act, 1911,' 16. in the writ petition originally filed in this court on june 22, 1965 the minister, for local ..... bodies and the irrigation minister of the punjab government had been impleaded as respondents nos. 2 and 3. at the time of admitting the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-25-1966
Reported in : AIR1967P& H279; (1969)ILLJ679P& H
..... case of ram dial air 1965 sc 1518 by pointing out that there indiscrimination is writ large on the face of the statute, when sections 16 and 14 of the punjab municipalities act of 1911 are properly scrutinised.18. in support of the validity of rule 6.4, shri pannu has relied on a decision of the supreme court in the high court calcutta ..... 1949, after having been given chance as an officiating executive engineer, he was reverted to the position of sub-divisional officer as he was declared unsuitable for promotion by the punjab public service commission. in 1958 he was again superseded by five of his juniors, and he also attracted adverse comments from the public accounts committee for financial irregularities. his service ..... leave salary. the outstanding amounts should also be clearly and completely noted in the last pay certificates in sufficient detail with reference to the previous correspondence with the accountant general, punjab, and if the recovery is to be effected from pension, it should be clearly recorded on the last pay certificate itself that the request or express consent of the ..... from service on reaching the age of superannuation. shortly after retirement, he was appointed by the government as a professor and head of the department of civil engineering in the punjab engineering college, chandigarh which post was held by him for about 16 months. during the five years immediately preceding his retirement from service, the petitioner earned about four promotions described .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-07-1966
Reported in : AIR1967Cal423
..... bengal municipal act. a decision as this goes heavily against mr. chittatosb mookerjee's contention noticed above. in short, there the contention about estoppel is ..... . the decision in dr. h. s. rikhy v. new delhi municipal committee, : 3scr604 , which mr. chittatosh mookerjee seeks to distinguish, in anticipation of mr. harinarayan mukherjee citing it (as indeed he cites in fact), turns on the construction of section 47 of the punjab municipal act, 3 of 1911, the language of which bears striking similarity with section 103 of the ..... effective signature.'so, commissioner md. osmanali's signature as a witness to the impugned agreement cannot be an effective signature within section 103, sub-section (2), of the bengal municipal act. i hold accordingly therefore, the fourth point of mr. chittatosh mookerjee fails as well.37. the fifth and last point now remains. the reasons given by the learned munsiff ..... a year failing, a monthly tenancy would not be created by delivery of possession and payment of rent, because infraction of section 103, sub-section (2), of the bengal municipal act, would come full-circle back, preventing thereby the creation of even a monthly lease. b. the impugned agreement being invalid ab initio, and not being bad for lack of .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-29-1966
Reported in : (1967)69BOMLR723; 1966MhLJ784
..... by the municipal committee. the plaintiff-appellant filed the suit for recovery of the tax on the ground that the particular commodity on which ..... suit for refund cannot lie inasmuch as the municipal act has made ample provision and provided proper remedy for refund of any tax improperly imposed or recovered. he relies for this purpose upon the decision of the supreme court in firm radha kishan v. ludhiana municipality. : 2scr273 . the case arose under the punjab municipal act of 1911, where a terminal tax on salt was recovered ..... the tax was recovered was not one on which any tax could be recovered by the municipal committee and it was, therefore, ..... unauthorised. the plaintiff failed before the high court and hence the appeal. in the punjab act a right of appeal against demand of tax is given under section 84, i.e. either against levy or .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-27-1966
Reported in : AIR1968AP83; 1968CriLJ294
..... establishments. this regulation does not, for instance, apply to the servants of the public works department, registration department education department, establishments of civil and criminal courts, servants of the municipality, sales tax department, entertainment-tax department, income-tax department, stamps department, betting department or motor vehicles taxation department, etc. all of whom have the power and duty of collecting ..... be achieved by the regulation, it offends the 'equality' provision of article 14. the different classes viz., revenue officials and other officials, such as the sales-tax officers, municipal bill collectors etc., are said to be similar, and there is no justification in discriminating one from the other. it is said all of them have to collect moneys ..... allegation or accusation of actual or suspected or apprehended commission by that person of any offence of a criminal or a quasi-criminal nature or some act prejudicial to the public interests, see state of punjab v. ajaib singh, : 1953crilj180 . in other words, clause (1) has no application where there is no accusation of any criminal or quasi-criminal ..... deals with appeals to the governor in council, was repealed by regulation vii of 1828. section 15 was omitted by section 2 of the madras revenue miscellaneous amendments act, 1936 (act viii of 1936).section 16 deals with suits grounded on proceedings of collector. it says that no suit grounded on the summary proceedings of a collector under this .....Tag this Judgment!
Court : Delhi
Decided on : Dec-20-1966
Reported in : AIR1967Delhi54
..... of the writ petition.(2) the petitioner has alleged in his writ petition that he had inherited in 1927 from his late father shri shaddi ram property bearing municipal (old) no. 304 and (new). no.1051 situated in gali hiranand, maliwara, wrd no.5 delhi, which had been acquired by his father by purchase ..... lal, assistant custodian, in room no. 58, gallery no. 4, jamnagar house, new delhi, for proceedings under section 48 of the administration of evacuee property act. this long date has been given on the request of the petitioner's learned counsel.merely because the petitioner is nto responding to his counsel's communication is ..... document on behalf of the respondents in the arguments.reference has been made by shri shanker to a bench decision of the punjab high court, in amar nath v. deputy custodian general, punjab in which it is mentioned that the purpose of amending section 48 by providing machinery for decision of questions of sums being ..... he is representing the client in the course of his professional engagement. in the present case, the petitioner's advocate also seems to be authorised to act on his behalf. in these circumstances, the consequences of the petitioner's non appearance under the law would obviously follow. article 226 does nto seem to ..... order(1) this petition under article 226 and 227 of the constitution was admitted by a bench of the punjab high court on circuit on 6-3-1959 and the petitioner was released on bail on furnishing security for appearance before the revenue .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-13-1966
..... restoration of the earnest money in any comparable circumstances with the present case. in ram labhaya v. municipal committee, amritsar, , a bench decision of the punjab high court, on which shri hardy has placed considerable reliance, it has been observed that article 62 of the limitation act would be applicable, where agreement was void in its inception, the terminus a quo being the ..... 7 of 1947 was enforced on 1-12-1947 replacing the earlier ordinance which had been enforced on 9-8-1947 and the west punjab act 7 of 1948 was enforced in february 1948. it is observed that the prohibition whereby the sale of evacuee property in question was made void came into force long before ..... chopra that limitation in this case was extended by virtue of section 36(a) displaced persons (debts adjustment) act. it is however conceded that he can take advantage of this provision only, if the west punjab ordinance 7 of 1947 and its successor west punjab act 7 of 1948 are ignored or if 23-12-1947, when the custodian of evacuee property in pakistan ..... of the provisions of section 36(a) of the displaced persons (debts adjustment) act, 1951, the limitation was extended by one year from the commencement of the said act, viz. 10th december, 1952. the petitioner's claim is, therefore, within time.'the matter was taken on appeal to the punjab high court by both sides, the vendee claiming the sum of rs.30 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-23-1966
Reported in : AIR1967SC970; 1967CriLJ939; 1967MhLJ737(SC); (1967)69PLR300; 2SCR116
..... until after the prosecution was launched, nor did the subsequent report have the effect of completely superseding the earlier report of the analyst. 11. in municipal corporation, gwalior v. kishan swaroop : air1965mp180 , it was held that, where there was delay in launching the prosecution, it deprived the accused of ..... , and holds a licence from running his shop in defence colony in new delhi. on september 20, 1961, the food inspector of the municipal corporation of delhi visited the shop of the respondent and took a sample of curd of cow's milk for the purpose of testing whether ..... below the prescribed standard, the respondent was prosecuted for committing an offence under section 16 of the act for contravening section 7 of the act. the complaint was filed before the magistrate on behalf of the appellant, municipal corporation of delhi, on may 23, 1962. on october 4, 1963, the respondent applied ..... accepted by the magistrate, and the respondent was acquitted. the appellant filed an appeal against this order of acquittal before the delhi bench of the punjab high court, but that court upheld the order of the magistrate. the appellant has now come up to this court, by special leave, against ..... the respondent was that the appellant instituted the prosecution of the respondent on may 23, 1962, and consequently, under s. 13(2) of the act, the right accrued to the respondent to have the sample sent for analysis only thereafter. section 13(2) specifically mentions that the accused vendor may .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-1966
Reported in : 1967CriLJ1295
..... the ground that the book manual of planers showed that the commissioner had authorised the head clerk, central office, to certify copies of the municipal records as true copies for purposes of producing them as evidence in courts of law.but this apart, the learned additional sessions judge also ..... of' all those who are concerned with the enforcement of this law. on a number to occasions, similar views have been expressed by the punjab high court buth in delhi and m chandigarh against this evil. it is hoped that law relating to prevention of food adulteration would be enforced ..... could nto be described as independent persons. reliance for the submission that they must be independent persons is placed on a bench decision of the punjab high court in state v. sadhu singh . the facts of the reported case were, however, materially different and the true ratio of that ..... it is submitted that exhibit p. h., a copy of the resolution authorising the assistant municipal prosecutor under section 20 of the prevention of food adulteration act to institute and conduct prosecution under the said act has nto been attested by the legal keeper of records as required by section 78(5) ..... were nto independent persons and, thereforee, the proceedings are vitiated. for this submission, reliance is placed on section 10(7) of the prevention of food adulteration act. this provision, before its amendment in 1964, was in the following terms:10. powers of food inspectors - * * ****(7) where the food inspector takes .....Tag this Judgment!