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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1953 Page 1 of about 45 results (0.098 seconds)

Dec 14 1953 (HC)

Municipal Committee, Delhi Vs. Janki Das Jagan Nath

Court : Punjab and Haryana

Decided on : Dec-14-1953

Reported in : AIR1954P& H173

..... or re-roofing of a building falls within the ambit of the expression 'erect or re-erect' appearing in section 195, punjab municipal act, 1911.2. on 22-9-1949 the municipal committee of delhi issued a notice to the plaintiff under section 195, punjab municipal act, 1911, requiring him to remove a roof which had been constructed without the permission of the committee. on 22-11-1949 the ..... plaintiff brought an action for the issue of an injunction restraining the municipal committee from demolishing the roof. the trial court found in favour of the plaintiff and the ..... two occasions by the high court at lahore and on both the occasions it was held that a person can re-roof a structure without contravening the provisions of the punjab municipal act. in view of the principle of stare decisis it is undesirable that a question which has been considered and decided should be reopened and reagi-tated particularly when the interpretation ..... .3. it is common ground that the plaintiff removed the tin roof of a 'barsati' and replaced it by a roof made of cement. section 195 of the act of 1911 empowers a municipal committee to issue notice to the owner requiring him to demolish the building if it is satisfied that the building has been erected or re-erected without the sanction .....

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Jun 02 1953 (HC)

Administration Municipal Committee, Rohtak Vs. Milap Chand Lurinda Ram

Court : Punjab and Haryana

Decided on : Jun-02-1953

Reported in : AIR1953P& H260

..... have come up in appeal to this court.4. the sole question in this appeal is what is the true interpretation to be put on section 173 (1) and (21, punjab municipal act. the section provides:'173 (1) the committee may grant permission in writing, on such conditions as it may deem fit for the safety or convenience of persons passing by, or ..... would therefore hold that the learned judge was in error in construing the section in such a manner as to preclude tlie municipal committee from taking action in a summary way and thus achieving the object of the punjab municipal act which is to keep public highway free from all obstructions even though either through ignorance or greed it permitted encroachment to be made ..... was a part of the public highway. the condition was that the plaintiff would pay rs. 5/- per mensem. the municipal committtee gave this permission under section 173, punjab municipal act and they under the same section withdrew the permission and gave notice asking the plaintiff to remove the stall as it had caused obstruction to the public highway. (3) the ..... plaintiff then instituted a suit for permanent injunction restraining the municipal committee from removing the stall alleging that it did not cause any obstruction to .....

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Dec 08 1953 (HC)

Ram Nath Diwanchand Vs. Delhi Municipal Committee and ors.

Court : Punjab and Haryana

Decided on : Dec-08-1953

Reported in : AIR1954P& H143

..... is described as an offensive trade is entirely within the discretion of the committee. the granting of these licences is covered by section 121, punjab municipal act as extended to delhi and sub-section 2 reads: 'the licence shall not be withheld unless the committee consider that the business which it ..... licence is altogether unwarranted and appears to involve unfair discrimination. i accordingly accept the petition to the extent of issuing an order directing the municipal committee to r'new the petitioner's licence for the day time working of his press. i decline to make any order prohibiting the ..... attitude adopted by the authorities towards the present petitioner is not calculated to inspire confidence. the bye-laws provide that any person can inspect municipal records other than those marked confidential, and the file itself, as well as a copy appended to his petition by the petitioner, show that ..... and complaints had been received. it was contended that the question of the revoking of the licence was discretionary and that the action of the municipal committee in this case was 'bona fide'. 4. there are thus two separate aspects of the case, the consideration which arise regarding the ..... diesel engine, had been revoked. he claims that his fundamental rights have been infringed and seeks orders from this court not only compelling the municipal committee to renew both his licences, but also to refrain from prosecuting him for running his press without a licence and to withdraw any .....

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Jan 21 1953 (HC)

Mahboob Khan Vs. Deputy Commissioner and ors.

Court : Guwahati

Decided on : Jan-21-1953

..... and acted upon and that the circumstances were not such as would allow the committee to proceed summarily under section 172 and the notice under section 172 ..... platform in front of his house and it was sanctioned by a resolution dated 20-7-1931 and a platform was accordingly raised. but in december 1933, the deputy commissioner acting under section 232, punjab municipal act, suspended the resolution of 20-7-31 and on 22-12-1933 the committee served the appellant with a notice under section 172 of the ..... consideration as to the effectiveness of the order of the deputy commissioner under section 232, punjab municipal act (which seems to be almost similar with the wordings of section 291, assam municipal act) and it was held that the deputy commissioner or the commissioner could prohibit the doing of an act if it has not been already done or carried out, purporting to work under that ..... act to demolish the platform. the appellant instituted a suit for an injunction to restrain the committee from demolishing the platform. it was held by the high court that the suspension of the resolution by the deputy commissioner under section 232 of the punjab municipal act could not affect the validity of the sanction granted .....

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Jun 12 1953 (HC)

Hari Chand Walaiti Ram Vs. Small Town Committee, Gidderbaha and anr.

Court : Punjab and Haryana

Decided on : Jun-12-1953

Reported in : AIR1954P& H24

..... -1950 and was for varying sums from rs. 500/- p. a. onwards.3. applications were made by the lessees for fixation of fair rent under section 4 of the east punjab rent restriction act (3 of 1949). the defence of the small town committee was that the transaction between the parties was not a lease but a license, that the rent restriction ..... -8608 and isdated 29-6-1950, and it provides;'in exercise of the powers conferred by section 3 of the punjab urban rent restriction act, 1949, the governor of the punjab is pleased to direct that the provisions of the punjab urban rent restriction act, 1949, shall not apply to the following premises and lands in the urban areas of ferozepore, jullundur and ambala owned ..... all urban areas in these three districts the notification of 29-6-1950 confined the exclusion to the properties owned by the municipal committees of ferozepore, jullundur and ambala and in any case this notification will make the rent restriction act applicable to the small town committee of gidderbaha.7. it was then submitted that the notification was dated 29-6-1950 ..... by the municipal committees of ferozepore, jullundur and ambala, respectively: (i) any building or part of a building let separately for being used as a shop or stall, (ii) any .....

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May 05 1953 (HC)

Matwal Chand Vs. District Magistrate, Budaun and ors.

Court : Allahabad

Decided on : May-05-1953

Reported in : AIR1953All681

..... of land for the purpose of constructing a temple, reading room and a 'dharamshala'. on 4-8-1952, he applied under section 178, u. p. municipalities act, 1916, for permission to erect these buildings on the land which he hadpurchased, and on 5-9-1952, sanction to do so was given to him ..... is answered that as the board's power to sanction the construction of a building is, under sub-section (1) of section 180, u. p. municipalities act, 'subject to the provisions of any by-law' the alleged sanction upon which reliance is placed by the petitioner was in law no sanction at all ..... having been complied with the corporation purported to withdraw its sanction. it was held that the sanction having been validly granted under section 247, calcutta municipal consolidation act, it became absolute and the corporation had its remedy in a civil court for enforcement of that condition. the case does not therefore, in our ..... in the course of erection is capable, with only very minor alterations, of being used as a 'dharamshala', and we understand further that the municipal board has no objection to it being constructed and used for this or any other secular purpose. in these circumstances we would like to express the ..... stated. the petitioner is a sikh who, together with a number of other members of his community, migrated to india from what is now west punjab at the time of the partition. these persons were provided with accommodation in a mohalla in the city of budaun which had been predominantly a muslim .....

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Apr 06 1953 (HC)

Municipal Commissioner, the Municipal Corporation of the City of Ahmed ...

Court : Mumbai

Decided on : Apr-06-1953

Reported in : AIR1954Bom188; (1953)55BOMLR1028; ILR1954Bom41

..... said assessment list.' the defence, in substance, was that the rule is 'intra vires' and the assessment' list which has been properly made in accordance with the provisions of the municipal act is not open to any objection. the learned judge has held that the rule is 'ultra vires'; he has, therefore, granted the plaintiffs the declarations and injunction as claimed by ..... on the part of the legislature to get at or tax the income of the owner from the building.'24. in this context, a reference to section 3 of the punjab act may be convenient since that was the charging section in that case. sub-section (1) of section 3 is in these terms :'there shall be charged, levied and paid an ..... of the central legislature alone to legislate upon. it was in the context of these circumstances that mr. justice fazl ali turned to the charging section (section 3) of the punjab act in order to hold that the tax which was levied under that section was not a tax on income, but a tax on buildings and lands. precisely the same position ..... assessment committee of dartford union (1893) ac 562 (b).10. similarly, mr. justice fasl ali, in delivering the judgment of the federal court in -- 'ralla ram v. province of east punjab' has observed that (p. 87):'..... .if a tax is to be levied on property, it willnot be irrational to correlate it to the value of the property and to make .....

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Feb 10 1953 (HC)

Cantonment Board, Poona Vs. Western India theatres Ltd.

Court : Mumbai

Decided on : Feb-10-1953

Reported in : AIR1954Bom261; (1954)56BOMLR45; ILR1954Bom647

..... within the limits permissible to a sovereign legislature, no question of legality of the tax would be involved in case the legislature which in this case enacted the bombay district municipal act was a sovereign legislature.23. mr. banaji who appears on behalf of the plaintiff contends, however, that the governor in council in this case was not a sovereign legislature for ..... which has been made on be-half of the plaintiff is that in this case the section is 'ultra vires' of the governor in council, who enacted the bombay district municipal act, 1901, because it involves delegation of the function of legislation to the governor in council, i.e., the executive of the province. it has got to be remembered that section ..... been controlled by the, the first thing which we note in interpreting the words in its present context is that the bombay municipal boroughs act has been modelled upon the district municipal act, 1901. the words which the latter act used when conferring powers similar to those conferred by section 60 (1) were to suspend, to reduce and to abolish. it is obvious ..... entertainment rather than from the person who gave it. a similar question arose in the case of -- 'ralla ram v. east punjab province . in the province of east punjab, the legislature of the province levied a tax known as the punjab urban immoveable property tax, 1940. the tax was made leviable not from the occupants of properties but from the owners of properties .....

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Jun 11 1953 (HC)

Rameshwar Nath Vs. Jageshwar Nath and ors.

Court : Punjab and Haryana

Decided on : Jun-11-1953

Reported in : AIR1953P& H250

..... 205 the learned judges observed : 'moreover, the word 'estate' as defined in the punjab land revenue act, in our opinion, applies to agricultural lands only and does not include any other class of property. as soon as agricultural land is converted into building sites ..... estate' within the meaning of section 16 (c), thirdly, so as to be entitled to pre-empt the sale of agricultural land situate within the same municipal limits, notwithstanding that the land is still assessed to land revenue and is shown in the revenue papers as bearing a separate 'khasra' number. at p. ..... the payment of revenue to the government' do not cover lands which have been built upon and have become houses or factories and (3) the punjab land revenue act does not exclude the jurisdiction of civil courts in regard to the properties which are in dispute in the present case, i.e., lands on ..... effect partition in such a case. it is not necessary to go to that extent because this view may be contrary to the provisions of the punjab land revenue act which are applicable to partitions of lands subject to assessment of land revenue. but it shows how the word 'estate' as it occurs in ..... the section to be interpreted was section 16 (c) of that act where the words used are 'owner of the estate' and it was held in this case that the owner of a plot of land situate within the municipal limits of a town, which was once agricultural land and which was afterwards built .....

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Jul 28 1953 (HC)

Mt. Parkash Vati Vs. Maya Devi and ors.

Court : Punjab and Haryana

Decided on : Jul-28-1953

Reported in : AIR1953P& H304

..... in abehar, the other having been sold away. several defence were raised but the suit was decreed. the trial court held that section 123, t. p. act which has been extended to municipal committees of the punjab had not been complied with and there fore there was no proper gift. on appeal the learned district judge seems to have gone into all kinds ..... of his argument has put the legality of the gif (sic) by notification no. 183-st. dated 27-4-1935 under section 1, t. p. act section 123 was extended to a municipal committees of the punjab. the relevant portion of section 123 is as follows:'for the purpose of making a gift of immovable able property, the transfer must be effected by ..... attestedby two witnesses and registered. such a deeddoes not exist in the present case.5. in reply to this argument mr. tek chand' has submitted that the gift having been acted upon even though it was an imperfect gift it cannot be set aside at the instance of the heirs of the donor. but in the present case there is no .....

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