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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1952 Page 1 of about 38 results (0.091 seconds)

Sep 17 1952 (HC)

Dr. Mukand Lal Vs. the Municipal Committee, Simla

Court : Punjab and Haryana

Decided on : Sep-17-1952

Reported in : AIR1953P& H88

..... employ a suitable and competent doctor on a three years contract basis with option to renew the contract to either side.we hereby, under section 25(2) of the punjab municipal act, 1911, punjab act iii of 1911, as modified up to 1948, give this requisition for holding a special meeting of the committee at your earliest to discuss the motion.'resolved that (a) under section 45 ..... of the punjab municipal act, 1911, the services of dr. mukand lal, deputy superintendent, ripon hospital, simla, be terminated forthwith and he be paid a month's wages in lieu of a month's notice and ..... the complaint of miss abraham about the misconduct of the applicant was not proved.4. on 31-7-1952, six members of the simla municipality made a requisition under section 25(2) punjab municipal act, 1911, hereinafter referred to as the act, requiring the president of the committee to convene a special meeting of the committee to discuss the following resolution : 'resolved that (a) under section ..... 45 of the punjab municipal act, 1911, the services of dr. mu- kand lal, deputy superintendent, riponhospital, simla, be terminated forthwith and he be paid a month's wages in lieu of amonth's notice and the .....

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Jul 02 1952 (HC)

NaraIn Dass and anr. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jul-02-1952

Reported in : AIR1953P& H193

..... the land has not been requisitioned.in their reply the respondents' have pleaded that the buildings put up by the petitioners were unauthorised and against the provisions of the punjab municipal act, that in the suit referred to it has been held that the petitioners are mere tenants-at-will but it was dismissed on a technical ground that no ..... has been brought fey narain dass for issue of an appropriate writ under article 226 of the constitution of india against the state of punjab, the district magistrate of amritsar and the executive engineer, municipal committee, amritsar. in his petition he alleged that government had made a grant of 10 kanals 7 marlas of land to his ancestors about ..... services essential to the life of the communityto requisition the property detailed in theschedule.now, therefore in exercise of the powers provided by the east punjab requisitioning of immoveable property (temporary powers) act, 1948, read with punjab requisitioning of immoveable property (amendment and validation) ordinance, 1951, and delegated to me, i direct the requisition of the said property and do ..... further order that the owner occupier deliver possession of the same to the executive officer, municipal committee, amritsar, on demand and that for the period during which .....

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Nov 12 1952 (HC)

S.P. Jaiswal Vs. the State and anr.

Court : Punjab and Haryana

Decided on : Nov-12-1952

Reported in : AIR1953P& H149

..... one was issued to dr. data krishan and is dated 21-11-1949, and the person issuing it is the executive officer of the municipal committee, karnal. the second one is dated 7-3-1950 undersections220, punjab municipal act and was issued to dr. data krishan in which it is stated that the back wall of the house was in a very dangerous condition ..... was anxious to oust forcibly and which the occupants apprehended. the 'mala fides' of the petitioner are proved by, the fact that a similar notice was issued under sections 113, municipal act, to demolish a wall of the house in the sole occupation of the petitioner, which the petitioner contumaciously defies to carry out and the president has taken action under sections220 ..... the previous owners in regard to these notices, but on 8-9-1952 another notice by the executive officer was issued to the distillery company through its managing director undersections113, municipal act, calling upon the company to pull down the wall within four days and in default action would be taken under the law.3. raghbir singh and ruldu ram with their ..... , municipal act against the petitioner. if the petitioner felt bound by lawful orders of competent authorities, then he should have demolished the dangerous wall of his own house first and not that .....

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Sep 08 1952 (HC)

Suraj Bhan Vs. Municipal Committee Moga

Court : Punjab and Haryana

Decided on : Sep-08-1952

Reported in : AIR1953P& H38

..... provisions of the act, and therefore the fixation of the fair rent by the rent controller on all ..... the cancellation of exemption on the 26th april 1948, would have been enforceable & effective, shall, notwithstanding the said cancellation, the provisions of the punjab urban rent restriction act, 1947, or the east punjab rent restriction act, 1949, be deemed to be and always to have been validly executed and entered into, for the period of their duration only between the ..... circumstances amounted to anestoppel and debarred the municipal committee from claiming rent at the contracted rates for the two periods of tenancy, while, on the other hand, the case of the municipal committee was that by orders of the punjab government passed under section 3 of the punjab urban rent restriction act. shops owned by municipal committees were exempted from the general ..... these occasions was wholly without jurisdiction and did not in any way debar the municipal committee from claiming .....

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Oct 31 1952 (HC)

Dr. Bishambar Nath Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Oct-31-1952

Reported in : AIR1953P& H77

..... in the present case the government is not prohibiting the possession and sale of medicinal drugs which fall within the definition of liquor under the punjab excise act. it is merely regulating their possession and sale in the general public interest and allows possession and sale, to take place under conditions which ..... the continued existence of that which is to be regulated or governed.' their lordships stated as a general principle at page 94: 'that a municipal power of regulation or of making by-laws for good government, with out express words of prohibition, does not authorise the making it unlawful to ..... . there is, however, a vast distinction between the actual prohibition and regulation, as their lordships of the privy council said in the case of --'toronto municipal corporation v. virgo', (1896) ac 88. at page 93 it is said: 'but their lordships think there' is marked distinction to be drawn between ..... zingiberis are mentioned in clauses 5 and 17 of notification no. 769 e&t-52;/1273 issued by the government under section 3 (14), punjab excise act on 22nd march 1952. i do not see how the question of delegated legislation arises in this case. after the trial had started the ..... the constitution. the discussion on clause (g) was dropped and the argument proceeded on three questions viz.-(1) whether the definition of liquor in the punjab excise act of 1914 was 'ultra vires' of the constitution; (2) whether the rules made were not the rules which could properly be made, the objection .....

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Sep 10 1952 (HC)

Chairman, Budge Budge Municipality Vs. Mongru Mia and ors.

Court : Kolkata

Decided on : Sep-10-1952

Reported in : AIR1953Cal433,57CWN25

..... into effect from 1-3-1950, which please note.' 44. bose, j. held that a license could be withheld only on the grounds mentioned in section 370(2), bengal municipal act, but the municipality, in passing the resolution and issuing the notice in pursuance thereof, had proceeded on wholly extraneous considerations. the learned judge did not think that the allegation of mala fides ..... of india laws) order, 1937. thereafter, after the partition of india, the reference to the lahore high court was converted into 'the high court of east punjab' by the indian independence (adaptation of central acts and ordinances) order, 1948, when exactly or by what enactment nagpur was added, it was not possible to trace. 38. on the basis of the history of ..... ' in the latest form that it was possible to trace, speaks of 'a decree or order of any of the high courts of judicature at fort william, madras, bombay, east punjab, and nagpur in the exercise of its original jurisdiction'. the period of limitation is 20 days from the date of the decree or order. 37. in support of the argument ..... original jurisdictions and left the rest unprovided for and still to be dealt with by the rules of the court. it was held in the case of -- 'punjab co-operative bank ltd. lahore v. punjab cotton press co: ltd.', air 1941 lah 257 (f.b.) (s), that article applied to appeals from judgments and decrees made by the specified high courts in .....

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Jun 16 1952 (HC)

Balmokand Kohli and ors. Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Jun-16-1952

Reported in : AIR1954P& H18

..... of sanjauli within the rating area of simla amendments in the current valuation list of that rating area could not be made.7. section 18(1) of the act as amended by east punjab act 33 of 1948 reads: '18. (1) in every case where a new valuation list is to be made of any rating area the assessing authority shall give public ..... tobring the list into accord with existing circumstances, x x.clearly, the assessing authority has power to make amendments in the valuation list prepared for the area administered by the municipality of simla so as to bring that list into accord with the circumstances arising out of' the inclusion of sanjauli in that rating area.6. mr. grover urges that the ..... dates on which one valuation list and the next succeeding valuation list respectively come into force shall be a period of five years, for the area administered by the simla municipality the last valuation list was prepared in 1949-50 & it came into force in that rating area with effect from 1-4-1950. sanjauli being in cluded in that rating ..... the valuation list of simla so as to bring that list into accord with the circumstances that arose on the inclusion of sanjauli within the area administered by the simla municipality. of the applicants shri bal mokand kohli, shri jagat ram, shri amar chand butail, messrs. hakim mal-tani mal, messrs. indar mat gur-bakhsh rai, messrs. mauja mal-sant ram .....

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Sep 15 1952 (HC)

Lala Lachhman Dass Nayar and Others Vs. Re.

Court : Punjab and Haryana

Decided on : Sep-15-1952

Reported in : [1952]22ITR418(P& H)

..... and atkin, l.jj., made observations supporting this contention, and rex v. postmaster-general. he also referred to rashid ahmad v. the municipal board, kairana, where it was held that an appeal under section 318 of the u.p. municipalities act was not in the circumstances of that case an adequate legal remedy the existence of which would disentitle the petitioner fro maintaining ..... held to have been repealed to that extent.'quite recently in an unreported case civil writ no. 29 of 1951, vidya parkash v. the state of punjab, which is a case under the punjab sales tax act, a similar view was taken by the learned chief justice and falshaw, j. there several applications had been made by various persons selling indian food preparations ..... provision was necessary in order to exclude jurisdiction in a civil court to set aside or modify an assessment.'in the next case on this subject, commissioner of income-tax, punjab v. the tribune trust, lahore, the judgment was delivered by lord simonds who said at page 315 :-'their lordships, in the course of reviewing the ..... became their duty to arrive at the true assessment. an appeal against an assessment under the income-tax act, 1918, it was held, was on a different basis from an appeal in private litigation. the same view was taken in commissioner of income-tax, punjab v. nawab shaw nawaz khan, where it was held that it is not open to an assessee .....

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Sep 17 1952 (HC)

The State Vs. Ex Major P.K. Swamy and anr.

Court : Chennai

Decided on : Sep-17-1952

Reported in : AIR1953Mad451; (1953)IMLJ45

..... of section 37 of the punjab public safety act) without the aid of assessors or jury or whether the trial should be in accordance with the provisions of the criminal procedure code. the full ..... 11-1948. in the meantime, by a notification dated 22-10-1948 appearing in the gazette of 29-10-1948, the notification declaring the municipal area of ludhiana as dangerous was cancelled. the question arose whether the trial should proceed as in a summons case (in accordance with the provisions ..... by notifications dated 20-3-1947 & 23-8-1947 issued by the punjab government under the punjab public safety act, the district of ludhiana was declared to be a dangerous area within the meaning of the act. under the act the declaration that the area is dangerously disturbed involved certain changes in the ..... bench held that the trial should proceed under section 37 of the act as in a summons case in accordance with the provisions of the law in force 'on the date of the order of committal' (underlining ( ..... well settled that."no statute shall be construed to have retrospective operation unless such a construction appears very clearly in the terms of the act or arises by necessary-and distinct implication."it is equally well-settled that a statute which affects the procedure only is retrospective and"no .....

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Nov 07 1952 (SC)

Ganeshi Lal Vs. Joti Pershad

Court : Supreme Court of India

Decided on : Nov-07-1952

Reported in : AIR1953SC1; [1953]4SCR243

..... question as one of legal subrogation, he was entitled, under the principles of justice, equity and good conscience which governed the state of punjab, as the transfer of property act has not been applied to the state, to recover from the co-mortgagors not merely their shares in the sum of rs. 5, ..... after the date of the final decree some of the branches have become extinct by the deaths of their representatives. whether under customary law in the punjab, uncles exclude nephews or they take jointly, and whether succession is per stirpes or per capita, was the subject of disagreement at the bar before ..... other subsequent mortgagees, though the co-mortgagor's right to subrogation on redemption was recognised even before the act. as the transfer of property act has not been extended to the state of east punjab, it is unnecessary to decide whether section 92 is retrospective in its operation, on which point there has ..... position in law, but the appellant has challenged it as unsound. 8. the first two clauses of the present section 92 of the transfer of property act run in these terms : 'any of the persons referred to in section 91 (other than the mortgagor) and any co-mortgagor shall, on redeeming ..... been a conflict of opinion between the several high courts. section 95 of the act which removed the confusion caused by the old section which, .....

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