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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1955 Page 1 of about 27 results (0.116 seconds)

Sep 02 1955 (HC)

R.L. Gupta and ors. Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Decided on : Sep-02-1955

Reported in : AIR1956HP7

..... consequently, it cannot be said that the procedure laid down for removal of one or more members should be followed, when the entire committee is superseded under section 238, punjab municipal act, especially when there is no provision in section 238 as to prior notice, corresponding to the proviso to section 16.5. learned counsel for the petitioners cited the following ..... and give them an opportunity of showing cause against the action proposed to be taken. 3. in this connection, he invited my attention to the provisions of section 16, punjab municipal act (which has been applied to this state), whereby, before a member is removed, from the committee, the reasons for his proposed removal have to be communicated to him and ..... of the constitution, i am requested to issue a writ against respondent 1 (state of himachal pradesh) directing it to withdraw an order under section 238, punjab municipal act (as applied to himachal pradesh) superseding the nahan municipal committee, of which petitioner 1 was the president/ petitioner 2, vice-president and other petitioners, members. 2. learned counsel for the petitioners argued that ..... state of pepsu', air 1954 pepsu 186 (a). there, the facts were that the president and vice-president of the municipal committee, jind, were removed by the state government in exercise of their powers under ss. 16 and 22, punjab municipal act, as applied to pepsu. their lordships of the pepsu high court held that the notice issued to the president was indefinite .....

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Nov 05 1955 (HC)

Raghunandan Lal Gupta and ors. Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Decided on : Nov-05-1955

Reported in : AIR1956HP25

..... the parties. this, however, does not mean that every question of law, as between the parties, is a substantial question of law.' in the present case, as already remarked, the punjab municipal act does not provide for issue ofnotice to the committee and recording its explanation before superseding it. consequently, the orderof supersession under section 238 of the ..... punjab municipal act cannot summarily be vacated on that score.as regards the merits of the dispute, obviously,they could be gone into only in a regular suit afterrecording the evidence of the ..... this court under article 226 for issue of a writ against the state of himachal pradesh and the administrator, municipal committee, nahan, directing respondent no. 1 to withdraw an order under section 238 of the punjab municipal act, as applied to himachal pradesh, superseding the nahan municipal committee and appointing respondent no. 2 as administrator thereof. for reasons stated in this court's order dated ..... as the grant of an opportunity to tender his explanatioa (vide section 16, of the punjab municipal act, which has been applied to himachal pradesh), a similar procedure had not been laid down by the act, where the entire committee is superseded under section 233 of the act. i had further pointed out that the bone of contention between the parties was whether the .....

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Feb 07 1955 (HC)

Pyarelal and ors. Vs. Municipal Committee, Ludhiana

Court : Punjab and Haryana

Decided on : Feb-07-1955

Reported in : AIR1955P& H185

..... from which it is clear that the terms of the corresponding section of the madras district municipalities act, section 182, differed very materially from the terms of section 172, punjab municipal act. sub-section (2) of section 182, madras municipalities act, which takes the place of the proviso to section 172 (2), punjab municipal act, reads:'if the owner ....... of the premises proves that any such projection, encroachment or ..... might have lost its right to bring a suit for possession of a part of the street which had been encroached on by such obstruction, whereas the punjab municipal act merely provides for payment of compensation for the removal of something which has existed for three years, and seems only to contemplate action by a committee within a reasonable ..... date of dispossession or discontinuance.on the other hand the case of the committee is that the powers of the committee under section 172, punjab municipal act are not in any way affected by the provisions of the limitation act and that the committee under sub-section (2) of section 172 is entitled at any time to require the owner or occupier of ..... to whom the verandah belongs by the operation of section 28 and article 146a, limitation act and in such a case the municipality have no power to issue a notice under section 122, bombay district municipal act, for removal of the verandah, this being the section corresponding with section 172, punjab municipal act. this view was followed by macleod c. j. and shah j. in -- ' .....

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Sep 26 1955 (HC)

Raghbir Singh Vs. Municipal Board of Hardwar Union, Hardwar and anr.

Court : Allahabad

Decided on : Sep-26-1955

Reported in : AIR1956All324

..... it cannot, as indicated by section 128 cd (vii), be imposed on the vehicles going out of the limits of the municipal board.it was further contended by the petitioner that under section 128 (1) (xiv), u. p. municipalities act, the municipal board had power in 1941 to impose any other tax which the provincial legislature had power to impose in the province under ..... amendment has been made in the exercise of the powers under clause (1), sub-section (vii) of section 128 of the municipalities act which provides that a municipal board can impose toll on vehicles and other conveyances, animals, and laden coolies entering the municipality. the words 'entering the municipality' indicate that the toll is charged on vehicles for the use of the roads within the ..... 1941 a notification was issued by the state government in the following words :'it is hereby notified under sub-section (2) of section 135 read with section 136, united provinces municipalities act, 1916 (2 of 1916) that the municipal board of hardwar union, in exercise of the powers conferred by section 128 (1) (xiv) of the said ..... the full bench decision of this court reported in -- 'budh prakash v. sales tax officer, kanpur', air 1952 ah 764 (c) and -- 'surendra transport and engineering co. v. state of punjab', air 1954 punj 264 (d). these cases are distinguishable from the facts of the present case. the applicant's contention is that the buses belonging to the petitioners were stopped .....

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Aug 16 1955 (HC)

State of Uttar Pradesh Vs. Ratan Shukla

Court : Allahabad

Decided on : Aug-16-1955

Reported in : AIR1956All258; 1956CriLJ579

..... as a court by a statute.the criminal, civil and revenue courts are all created by statutes and they are the only courts. a tribunal deciding appeals under section 160, municipalities act is a mere tribunal and is not a court. the constitution . distinguishes between courts and tribunals. article 227 invests every high court with the superintendence over 'all courts and tribunals ..... additional district magistrate by virtue of section 10(2), i see no reason why the power of a district magistrate under section 3, control of bent and eviction act or under section 160, municipalities act cannot be exercised by an additional district magistrate, when section 10(2) of the code makes no distinction between the powers exercisable by a district magistrate under the ..... as a part of his ordinary jurisdiction, it follows that the additional district magistrate also would not exercise it as a part of his jurisdiction as additional district magistrate.the municipalities act confers several duties of a non-judicial- or purely executive character upon district magistrate, 'vide' ss 34(1-a), 35(2), 94(4), 237, 238, 239, 246 and 333.several ..... control and that consequently all tribunals within the state are subordinate to the high court. in 'kapur singh v. jagat narain', air 1951 punj 49 (k) a bench of the punjab high court observed that superintendence includes the power to deal with contempt of court, and that all courts and tribunals over which a high court has superintendence are subordinate to .....

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May 04 1955 (HC)

Vikram Cotton Mills Ltd. and anr. Vs. Jwala Pd. Radha Krishna and ors.

Court : Allahabad

Decided on : May-04-1955

Reported in : AIR1956All14

..... amount it claims as taxes and which, according to its contention, is a charge on the property of the company under section 177 of the u. p. municipalities act. the other creditors are all unsecured, but among them are included the income-tax and sales tax department of the govt. and also the railway. 5. ..... directing the holding of the meetings of the creditors. the creditors were divided in four groups, viz. (i) secured creditors, i.e., the corporation, the punjab national bank and the municipal board of lucknow; (ii) employees of the bank as owners o'f the provident fund; (iii) labour in respect of their wages; and (iv) ..... its right of selling the assets of the company but shall lease out the same on an annual rent of rs. 2,00,000/-. (2) the punjab national bank will similarly sell the goods pledged to it and pay itself off. (3) the usable stores and goods in process were estimated at about five ..... is about rupees eleven lakhs and its indebtedness exceeds rupees thirty-seven lakhs. from amongst the creditors the corporation is a secured creditor. the punjab national bank is also a secured creditor in the sense that foods of an approximate value of rupees five lakhs ave been pledged with the said bank. ..... statute and its powers and duties are defined by it, the said body cannot function beyond the powers conferred and the limits imposed by the act. if the act does not confer on the corporation the power of granting a lease of its debtor's property to any one else, the former cannot assume .....

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Mar 24 1955 (SC)

Shiromani Gurdwara Parbandhak Committee Vs. Lt. Sardar Raghbir Singh a ...

Court : Supreme Court of India

Decided on : Mar-24-1955

Reported in : [1955]2SCR67

..... the plaint was filed under section 25-a of the sikh gurdwaras act, 1925, (punjab act viii of 1925) (herein after referred to as the act) for possession of certain properties situated in amritsar, marked and bounded as specified ..... in the plaint and purporting to have been declared as a sikh gurdwara by the government of punjab under section 17 of the act by means of the notification no. 9-g dated the 3rd march, 1937. the case of the plaintiff-committee is that these properties were, and were ..... non-statutory shiromani gurdwara parbandhak committee, the compromises were entered into by the managing committee of the gurdwaras within the limits of the municipal committee, amritsar which presumably had already by then been formed under section 85 of the act. now, quite independently of these proceedings before the tribunal, and prior to the filing of the list under section 3 and ..... . this is an appeal on leave granted by the high court of punjab against its judgment affirming the decree of the sikh gurdwara tribunal dated the 19th december, 1940, dismissing the plaintiff's suit. the plaintiff in the appeal is the committee of management of sikh gurdwaras within the municipal limits of amritsar (except the gurdwara sri akal takhat sahib, amritsar). .....

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Oct 17 1955 (HC)

Bhagwan Das Barnwal Vs. State and anr.

Court : Allahabad

Decided on : Oct-17-1955

Reported in : AIR1956All213

..... certain report made by two of the members that they were forcibly removed on the date when the no-confidence-resolution was moved and proceedings under section 48, u. p. municipalities act were started against him on that ground.the suspension order and the proceedings were quashed by an order of this court on a petition being filed by the petitioner under ..... . in no circumstances be within the scope of section 48 (2) (b) (vi) and the proceedings which have been started against the applicant are without jurisdiction.section 50, u. p. municipalities act enumerates the duties of the board which are to bedischarged by the president and section 51 gives the additional duties of the president. clause (b); of section 51 provides that ..... basis of the charge-sheet.the main contention of the applicant is that the charges on which proceedings have been taken against the applicant under section 48 (2) (b) (vi), municipalities act do not come within the ambit of section 48. they, on no reasonable interpretation, amount to misconduct undersection 48.3. a counter affidavit has been filed in the case and ..... initiated by the state government against the applicant were quashed and an order was issued by this court prohibiting the state government from proceeding with the proceedings under section 48, municipalities act. the ground on which the petition was allowed was that the allegations, made, against the applicant did not amount to misconduct in the discharge of his duties as the facts .....

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Dec 02 1955 (SC)

Thakur Pratap Singh Vs. Shri Krishna Gupta and ors.

Court : Supreme Court of India

Decided on : Dec-02-1955

Reported in : AIR1956SC140; [1955]2SCR1029

..... other things, the section empowers the state government to 'make rules under this act regulating the mode......... of election of presidents.........'7. and section 175(1) directs that 'all rules ..... is to be found in the act itself. 5. the learned high court judges were of opinion that the directions here about the occupation were mandatory. that, we think, is wrong. 6. the present matter is governed by section 18 of the central provinces and berar municipalities act (ii) of 1922. among ..... and, exercising a nice discrimination, sort out one class from the other along broad based, commonsense lines. this principle was enunciated by viscount maugham in punjab co-operative bank ltd., amritsar v. income tax officer, lahore [1940] l.r. 67 indap 464, and was quoted by the learned high court ..... 15. it was also argued that there was a reason for requiring the occupation to be stated, namely, because section 15(k) of the act disqualified any person who 'holds any office of profit' under the committee. but disclosure of a candidate's occupation would not necessarily reveal this ..... context because clause (a) of the rule reads - '(a) that the candidate is ineligible for election under section 14 or section 15 of the act'. 13. it was argued that if the candidate's ineligibility under those sections is established, then the supervising officer has no option but to refuse .....

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Oct 12 1955 (HC)

State Through Police Vs. Ratan Lal and Udai Lal

Court : Rajasthan

Decided on : Oct-12-1955

Reported in : 1956CriLJ658

..... rest of the section is not vague. the two portions are easily severable. i, therefore hold that the provisions of section 9, punjab security of the state act as extended to the state of ajmer is invalid so far as it refers to speeches, statements, rumours or reports undermining decency or ..... to the security of the state or the maintenance of public order and thereby committed an offence punishable under section 9 of the punjab security of the state act 1953 as extended to the ajmer state and within my cognizance... 2. it was urged before the learned additional district magistrate that ..... ' and if the legislature intended to impose any restrictions on the freedom of speech and expression in the interest of decency and morality those prohibited acts and restrictiona should be clearly specified so that it could be decided whether the restrictions were reasonable or not.there can hardly be two opinions as ..... a speech, statement, rumour or report undermining 'the security of the state; 'friendly relations with foreign states' and 'public order' is prohibition of specific acts. i agree with the learned counsel that words 'decency' or 'morality' are not equally well understood. there may be wide difference of opinion as to ..... of the state act, 1953, as extended to the state of ajmer by notification no. s.r.o. 379, dated 31-1-1954. the charge reads:that you, on the 12th day of november 1954 at kekri at about 8-30 p.m., delivered a speech in connection with kekri municipal elections, which .....

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