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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1954 Page 1 of about 37 results (0.083 seconds)

Oct 04 1954 (HC)

Ram Piara Vs. Municipal Committee, Hoshiarpur

Court : Punjab and Haryana

Decided on : Oct-04-1954

Reported in : AIR1955P& H125

..... to the contrary, the services of dr. shiv charan das sud part-time medical officer of health and shr! ram piara head clerk should be dispensed with under section 45, punjab municipal act, 1911, after giving one month's notice or one month's pay in lieu thereof; without assigning any cause. the action taken by the committee may be intimated to government at ..... government be complied with. in compliance with the orders of the government the services of dr. shiv charan das sud part-time municipal medical officer of health and shri ram piara head clerk be dispensed with under section 45, punjab municipal act, 1911, after giving one month's pay in lieu of one month's notice.'5. on 17-3-1953 the petitioner presented the ..... provisions of law which have a bearing on the point which has been placed before us for determination.section 39 of the punjab municipal act provides that subject to the provisions of the act and the rules and bye-laws made thereunder, a municipal committee is at liberty to suspend, remove, dismiss or otherwise punish any officer or servant appointed by it.section 41 enacts ..... order1. this petition raises the question whether the power of removal conferred on the provincial government by section 41, punjab municipal act, can be exercised in respect of an officer or servant of a municipal committee without affording such officer or servant an opportunity of being heard. section 41 is in the following terms :'41. if in the opinion of the provincial government any officer .....

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Jul 13 1954 (HC)

Prem Prakash Dixit Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jul-13-1954

Reported in : AIR1954P& H255

..... , of this appointment, and in paragraph 4 it was stated as follows:'4. the services of shri p. p. dixit shall be treated as terminated under section 45 of the punjab municipal act, 1911, with effect from the date shri ram nath assumes charge and he shall draw one month's pay in lieu of the notice.'3. the question to be decided is ..... the government can call upon the person in charge of the funds to pay the expenses to government.by section 8 the provisions of this act override the provisions of the punjab district boards act, the punjab municipal act, or other similar acts dealing with small towns.5. for the government it was submitted that this is not a civil post to which article 309 of the ..... removal from service is contrary to the provisions of article 311 of the constitution of india.2. on 29-12-1947 the punjab government suspended under section 4 of the east punjab local authorities (restriction of functions) act, act 9 of 1947, the municipal water works department of muktsar. by a notification dated 29-4-1949 the petitioner was appointed to discharge the functions of ..... case.7. prem prakash dixit was appointed to perform certain functions of which the municipal committee had been deprived, and as i read section 4 of the act the functions had been taken over by the punjab government who had appointed the petitioner to discharge the functions pertaining to the municipal water works department. no doubt, the water works department continued to belong to .....

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Dec 22 1954 (HC)

Ramesh Chandra and ors. Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Decided on : Dec-22-1954

..... , aa enquiry should be held and an opportunity be given to the committee to clear its position. it is significant that the proviso to section 16, punjab municipal act, distinctly provides that before a member of a municipal committee is removed, the reasons for his proposed removal shall be communicated to him and he shall be given an opportunity of tendering an explanation. the ..... act, referred to earlier. therefore, that ruling is not applicable here. nor is 'vishvanath v. state of madh b', air 1954 madh b 161 (b ..... omission of a similar provision in the punjab small towns act appears to be deliberate.6. learned counsel for the petitioners cited 'raj krishna v. chief commr. delhi', air 1952 punj 176 (a); that relates to a case under the punjab municipal act, with special reference to the proviso to section 16 (1) of that ..... , allahabad', air 1952 all 753 (fb) (c), relates to a case of a municipal by-law prohibiting cow-slaughter and, therefore, has no application here.7.to sum up therefore, the order passed bythe respondent, prima facie, falls under section 49,punjab small towns act, as applied to himachalpradesh. it is true that the order does not indicate which particular duty was neglected .....

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Oct 04 1954 (HC)

Parkash Textile Mills Ltd. Vs. Mani Lal and ors.

Court : Punjab and Haryana

Decided on : Oct-04-1954

Reported in : AIR1955P& H197

..... was whether a person hiring motor lorries and keeping them within municipal limits was liable to assessment under section 61 (1) (c), punjab municipal act, and it was held that where taxes were not covered by the provisions of , the municipal act a civil court would have jurisdiction to decide the matter and that a municipal corporation is the creature of a statute and is bound to ..... act according to law, and any action by it in disregard of its ..... clause of the law had been violated; (see also -- united slates v. baltimore & o. r. co,', (1914) 231. us 274 (228); and -- 'southern pacific r. co. v. interstate commerce commission', (1911) : 219 uc 433 (z29)).in willoughby's constitution of the united states, vol. 3, at page 1677, reference is made to dickinson, administrative justice and the supremacy of law, chap ..... of the law upon the illegal order.' see also the opinion of anglin, j. at page 295.31. i may also refer to one other case --dyson v. attorney general, (1911) 1 kb 410 (z5) at page 424, which was a case brought against the attorney-general as representing the crown although the immediate and sole object of the action was .....

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Sep 14 1954 (HC)

In Re: B.N. Ramakrishna Naidu and anr.

Court : Chennai

Decided on : Sep-14-1954

Reported in : AIR1955Mad100; 1955CriLJ452

..... authorize different laws of police, allow the right of eminent domain to be exercised in different cases and through different agencies and prescribe peculiar restrictions upon taxation in each distinct municipality, provided the state constitution does not forbid. these discriminations are made constantly; and the fact - that the laws are of local or special operation only is not supposed to ..... suggestions of the commissioners. the bill may be conveniently drawn as applicable, in the first instance, to a particular province -- as oudh or the punjab, or sind -- but, it should be so framed as to be capable of extension to other parts of the country by proclamation.' 42. the government in their memorandum accompanying their ..... duties and how the then heavy expenditure on police was susceptible of reduction; and the government suggested that 'a draft of a bill on the model of the madras police act (act 24 of 1859) may be submitted to government, empowering the local governments to give effect to any such reform as they may desire to carry out in furtherance of the ..... territorial discrimination based upon reasonable classification arising from the particular factual background relating thereto. 31. bearing these principles in mind let us examine the background of the madras cit police act of 1888. 32. the following graphic, accurate and instructive description during the days of the east india company of the old madras police or the pollgars of madras as .....

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Nov 30 1954 (HC)

B.S. Venkatarama Ayyar Vs. K.T. Kuppuswami Ayyar

Court : Chennai

Decided on : Nov-30-1954

Reported in : AIR1955Mad633

..... taken in -- 'taluk board of devakottah v. chockalingam chettiar', 1932 mwn 1089 (c), following the reasoning in -- 'municipal council, dindigul v. bombay co., ltd.', air 1929 mad 409 (d).'this decision has been followed in the punjab high court reported in -- (b), kapur j, after referring to -- 'mahomad wahib v. mohamed ameer', 32 ..... landlord has undoubtedly taken an undue advantage of the plaintiff's situation contrary to the laws contained in the house building (lease and rent control) act which was meant for the protection of the tenants. it will therefore fall within the scope of the observations cited above and the defendant must ..... that so far as the tax levied for the first half year ending 31st march 1934, it was barred by limitation applying article 62, limitation act. wadsworth and patanjali sastri jj. observed:'article 62 is intended to apply to all actions for money had and received to the use of the ..... several pleas that were taken by the landlord one was the plea of limitation. it was contended before thp lower court that article 62, limitation act, applied to the case under which the limitation is three years from the date the money is received. the lower court has held that it ..... be held to have received the money for the plaintiff's use. the article that would be applicable is, therefore, article 62, limitation act, and not article 120. the suit is barred by limitation and is therefore dismissed.5. the civil revision petition is allowed with costs here and in .....

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Nov 16 1954 (HC)

V. Narasimhachariar Vs. Egmore Benefit Society, 3rd Branch Ltd.

Court : Chennai

Decided on : Nov-16-1954

Reported in : AIR1955Mad135

..... one state and not to the others and a law which does not apply to the entire state some of its provisions applying to the metropolitan area and other municipalities of the state cannot be attacked under article 14 on that ground: --'globe theatres ltd. v. state of madras', : air1954mad690 (z19); 'asiatic engineering co ..... and under like circumstances, to resort to them for redress. each state has the right to make political sub-divisions of its territory for municipal purposes and to regulate their local justice. it may establish one system of courts for cities and another for the rural districts, one system for ..... reasonable having regard to the object of the legislation.11. bearing these principles in mind let us examine whether section 69. transfer of property act offends the fundamental and equal protection guaranteed by article 14 of the constitution.12. the mortgagee's power of sale without the intervention of the ..... the jurisdiction of the state. in --'md. habibuddin v. govt. of hyderabad', air 1953 hyd 157 (z18); relating to administration of evacuee property act (1950) it was held that it was not bad as it was based on valid classification and that territorial classification also it a good ground of ..... when such classification is based upon a rational ground which is relevant to the matter in question. in --'state of punjab v. ajaib singh', : 1953crilj180 (z16); it was held that as classification can be made on geographical basis, the fact that abducted persons recovery and .....

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May 21 1954 (SC)

RajnaraIn Singh Vs. the Chairman, Patna Administration Committee, Patn ...

Court : Supreme Court of India

Decided on : May-21-1954

Reported in : AIR1954SC569; (1954)IIMLJ344(SC); [1955]1SCR290

..... bound-aries have not been static but it will be necessary to keep them notionally distinct. 4. when the new province was formed in 1911 the bengal municipal act of 1884 applied to the whole of it. at that time one of the three portions of patna with which we are concerned (namely, ..... patna administration instead, by section 3(1)(f) it empowered the local government to 'extend to patna the provisions of any section of the said act' (the bengal municipal act of 1884) 'subject to such restrictions and modifications as the local government may think fit.' 8. this is a part of the impugned portion ..... authorise after its amendment it does two things : first, it empowers the delegated authority to pick any section it chooses out of the bihar and orissa municipal act of 1922 and extend it to 'patna', and second, it empowers the local government (and later the governor) to apply it with such 'restrictions and ..... the patna administration area. and finally, on 23rd april, 1951, he added a modified version of section 104 of the bihar and orissa municipal act of 1922 to the municipal laws in these two combined areas. 25. the first question is whether the notification of 25th april, 1931, can be attacked by the ..... state of bihar on that date. it was repealed in full in 1922 and was replaced by the bihar and orissa municipal act of 1922. the selected sections of the bengal act of 1884 which the local government had picked out and applied to patna administration were also repealed on 25th april, 1931, .....

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Oct 22 1954 (HC)

Union of India (Uoi) Vs. Ram Chand Beli Ram

Court : Punjab and Haryana

Decided on : Oct-22-1954

Reported in : AIR1955P& H166

..... discharged 'subhedar' rain chand from service under rule. 13b, item no. 1(i)(b) made under section 113 of the indian army act, 1911, hereinafter referred to as the act. pursuant to that order 'subhedar' ram chand relinquished charge.that discharge was found to be illegal for the director of ordnance services, army ..... the matter is justiciable and an aggrieved government servant like any other person is entitled to relief which is regulated by the code of civil procedure. 'punjab province v. tara chand', air 1947 fc 23 (v), was approved and air 1948 pc 121 (i), was distinguished. in the former case it ..... the responsibility, and theirlordships can only trust will be the pleasure, ofthe executive government.'44. after the enactment of section 240 in the. government of india act of 1935 the privy council had occasion to interpret that section in -- 'high commissioner for india v. i. m. lall', air 1948 pc 121 ..... ', (1895) ac 229 at p. 234 (g); -- 'dunn v. the queen', (1896) 1 qb 116 (h).' (41) in the government of india act, 1919, section 96b was added which gave certain statutory protection to civil services and that was because some element of popular control over some government departments was introduced by that ..... ***'. the director of ordnance services; army headquarters, on 30-4-1943 passed an order ex. p. 2 discharging the respondent under the indian army act, rule 13 (b), item l(i)(b). ram chand relinquished charge and it is not disputed that he did no further work in the army. .....

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Apr 02 1954 (HC)

All India Anglo Indian Association Vs. R.A. Massey

Court : Punjab and Haryana

Decided on : Apr-02-1954

Reported in : AIR1956P& H210

..... the judgment of mathew j. 13. the bombay high court in 55 bom 89 : (air 1931 bom 141) (j), where the statute in dispute was the bombay district municipal act, which provided:'the municipality and ...... the chief officermay direct any prosecution for any public nuisance.....',held that the legislature contemplated by the use of these words that the prosecution, if any, should be ..... support of this plea was emperor v. motilal amratlal shah, 55 bom 89: (air 1931 bom 141) (j). in that case the provisions of the bombay district municipal act and the city of bombay municipal act were considered. section 517 of the act provided-'the commissioner may (a) take, or withdraw from, proceedings against any person who is charged with (i) any offence against this ..... . this matter was for consideration before the lahore high court in gan-pat rai v. emperor (a), already referred to, and the language of the regulation in force in the punjab at that time was identical to the regulation in force in delhi.marten j. who decided the case, held that the meaning of the regulation was that the power of ..... in the company was invalid. he relied upon the ratio decidendi of an older decision of the punjab chief court in emperor v. shib das, 8 ind cas 190 (lah) (f). in that case the provisions of the old regulation 5 framed under act 6 of 1882 were considered.the wording of that regulation was somewhat different but in substance it authorised .....

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