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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1956 Page 1 of about 47 results (0.219 seconds)

Dec 20 1956 (HC)

Brij Lal Vs. the State of Patiala and anr.

Court : Punjab and Haryana

Decided on : Dec-20-1956

Reported in : AIR1957P& H100

..... order as he was interested in certain temporary stalls in a near-by-chowk and wanted to avoid their demolition also. the notification issued under section 238(1) of the punjab municipal act, 1911, is in the name of his high-ness the rajpramukh (pepsu) and it appears to me that it cannot be challenged on this ground. under article. 166(2) of the ..... jaitu is incompetent to perform the duties imposed upon it under law. his highness the rajpramukh, under provisions of sub-section (1) of section 238 of the punjab municipal act, 1911, as in force in pepsu, declares the committee to have been superseded and to direct that until the committee is reconstituted, all its powers and duties shall be exercised and ..... directory or mandatory. in this decision the supreme court has deprecated the tendency towards technicalities and laid down that the technicalities should be avoided. taking the object of section 238, punjab municipal act, it appears to me clear that the direction laid down therein as to what the notification should contain is only directory in character and its disobedience does hot nullify the ..... . it was further urged on behalf of the state that the provisions of section 238(1) had been substantially complied with in this case. now, section 238(1) of the punjab municipal act reads: '238(1), should a committee be incompetent to perform, or persistently make default in the performance of, the duties imposed on it by or under this or any other .....

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Oct 29 1956 (HC)

Kesari Mal Vs. State of Rajasthan

Court : Rajasthan

Decided on : Oct-29-1956

Reported in : AIR1957Raj284

..... of the order, unless the government chooses to remove the disqualification earlier.9. it may be pointed out in passing that the various acts with regard to municipalities in other states are not so drastic in effect. in the punjab municipal act, 1911, the provision to remove a president is provided in section 22. the removal of the president can be 'done by the provincial government ..... , and that as result of this pressure the present government, which was run by the congress party, ordered his removal under cover of section 22 (10) of the rajasthan town municipalities act, 1951 (act no. 23 of 1951). it was alleged that he was served by the secretary, local self-government, with a charge-sheet by letter dated 10th november, 1955 of which ..... president so removed is only declared not to be eligible for re-election as a president or vice-president during the remainder of the term of office of the municipality. the u. p. municipalities act, 1916, provides by section 48 that the state government may, at any time, if it is satisfied that there has been a persistent failureon behalf of the president ..... the order of the government should, therefore, be set aside. (3) the charge, ex. p. 1, was as follows :'notice under section 22 (10) of the rajasthan town municipalities act, 1951, to the chairman, municipal board, sironj.from the complaints received against you, the audit report and other enquiry reports and your reply thereto the following stand substantiated against you :(1) you ought .....

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Mar 05 1956 (HC)

Sh. Ram Piari Vs. Municipal Committee, Pathankot and anr.

Court : Punjab and Haryana

Decided on : Mar-05-1956

Reported in : AIR1956P& H220

..... devi appealed.the learned senior sub-judge held that the revision of ram piari did not amount to her dismissal as contemplated in sections 39 and 41, punjab municipal act and the rules framed under the act. he also held that article 311 of the constitution did not apply. in his opinion the resolution of 29-4-1954, was intended to restore the ..... and the rules relating to dismissal or removal will not be of any assistance.4. the government has made rules under section 240, punjab municipal act. the government hasmade rules laying down the procedure that must be adopted before a municipal employee is dismissed. in these rules 'dismissal' is defined as 'permanent removal from a substantive appointment for misconduct or incompetence'. therefore, this ..... to its employees so far as they relate to leave, travelling allowance, fixation of pay, retirement, suspension and dismissal.thus the punjab civil services rules as applicable to 'reduction to a lower post' were not made applicable to municipal employees and these rules, therefore, are also not relevant for the purposes of the present case. there are no rules under which ..... . this is a suit for grant of mandatory injunction against the implementation of the resolution passed by the municipal committee and against raksha devi from acting as headmistress. the plaintiff's case is that she agreed to render personal service to the municipal committee by working as headmistress of the girls school but now she has been called upon to work only .....

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Apr 25 1956 (HC)

New Delhi Municipal Committee Vs. H.S. Rikhy

Court : Punjab and Haryana

Decided on : Apr-25-1956

Reported in : AIR1956P& H181

..... parties to these transactions fullyintended to do, but since i can find no escape-from the legal consequences of the express provisions contained in section 47, punjab municipal act asapplied to delhi, i have to accept the conclusion,that in law no relationship of landlord and tenantever came into being between the parties, and thatbeing ..... is equally true of a non-existent lease deed when the law requires the lease deed to be executed according to the provisions of section 47 of the municipal act only.similar observations were made by the allahabad high court in -- 'ram chander v. maharaj kunwar', 1939 all 611 (air v 26) (e). that ..... provided by section 47 of the municipal act the contract shall not be binding on the committee.there can be no question of a party being estopped by its admissions. there can be no ..... basis of a licence they would be non-suited on the ground that no valid contract of licence as required by section 47 of i the municipal act had been executed. the objection in this case is a fundamental one namely that when a contract is not drawn up and executed in the manner ..... standard rent.12. it, was contended that since the licence is based on a contract and no valid contract as required by section 47 of the municipal act was in this case executed the respondents are not even licensees, but this is a matter into which we need not enquire. whatever the status of .....

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Jan 12 1956 (HC)

Sohan Lal Vs. the Punjab State

Court : Punjab and Haryana

Decided on : Jan-12-1956

Reported in : AIR1957P& H34

..... servant of an owner of the property. in the present act the word 'servant' has not been used.3. in these circumstances, it must be held that no ..... has not been defined in the act nor has it been defined in the general clauses act. in ordinary sense of the meaning i am of the opinion that an employee cannot be considered to be an officer of the person whose property is being requisitioned. in the punjab municipal act notice can be served on the ..... stated in para 10(d) of the affidavit filed by the district magistrate. ludhiana that notice under section 3(1) of the punjab requisitioning and acquisition of immovable property act. 1953, was served on the petitioner and was received by chhajju ram an employee of seth sohan lal. it is further stated ..... surrender possession.he has approached this court on the ground that no notice under sub-section (1) of section 3 of the punjab requisitioning and acquisition of immovable property act, 1953 was ever served upon him and that he had no opportunity to show cause against ' the requisition and on these grounds ..... 1. this is a petition under article 226 of the constitution of india for issue of an order in the nature of a writ against the punjab government directing it to cancel the notice of requisition of the property in dispute. the petitioner seth sohan lal owns five new built bungalows in civil .....

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Mar 29 1956 (HC)

Daya Ram and ors. Vs. Jagir Singh and ors.

Court : Himachal Pradesh

Decided on : Mar-29-1956

Reported in : AIR1956HP61

..... no jurisdiction to try the suit, because a question of tenancy was involved. it was suggested that the suit fell under section 77(3), second group, (d) or (e), punjab tenancy act. as the court below has rightly pointed out, the existence of the relationship of landlord and tenant was never admitted by the parties. on the other hand, the plaintiffs came ..... the age of discretion. khyalu may have been-the ancestor of prabhu and the defendants but that would not be sufficient. under the proviso to section 59 (1) (d), punjab tenancy act, which was in force here when nazku and santi died, the defendants had to prove, not only that khyalu was their common ancestor, but further that the land had been ..... municipality was a necessary party. under those circumstances, it was held that the municipal committee was a necessary party. 8. in air 1949 him pra 4 (b), my learned predecessor was dealing with a suit for declaration of a right of way ..... the plaintiff brought the suit to eject the defendant from a site and to remove a pial erected by him thereupon. the defendant pleaded that the land belonged to the municipal committee and he had put up the pial with permission of that committee. he further pleaded that, under the circumstances, the .....

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Feb 29 1956 (HC)

Subodh Kumar Bose Vs. Commissioner of Krishnanagar Municipality

Court : Kolkata

Decided on : Feb-29-1956

Reported in : AIR1956Cal393

..... even if the appeal was entertained, the magistrate could have granted any relief. the second question may be formulated in a slightly different manner. the bengal municipal act provides in section 21 as to how the electoral roll has to be prepared and published. the relevant provinsion is as follows;'21. (i):-- a committee ..... ordersinha, j.1. in this case the point involved is about the interpretation of section 529a, bengal municipal act, 1932. the point is small but of some importance. it arises in the following way. the petitioner is a resident of ..... no reason why his appeal should be allowed. therefore this question resolves itself into a very short compass. is it permissible for a voter in a municipal election to abstain from taking the steps that are required under the rules and then straightway come before the appellate authority, namely, the district magistrate and ..... had the requisite qualification and his name did not appear in the electoral roll and that he was highly prejudiced thereby. he prayed that the municipality may be directed to enlist his name in the electoral roll so that he might exercise his vote. a certified copy of this petition was produced ..... the said authority published the preliminary electoral roll. this was done by fixing copies in the different wards in prominent places & by proclamation throughout the municipality. a copy was hung up on the notice board of the bar association of which the petitioner is a practising member and which is within the precincts .....

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Oct 23 1956 (SC)

Raja Rajinder Chand Vs. Sukhi

Court : Supreme Court of India

Decided on : Oct-23-1956

Reported in : AIR1957SC286; [1956]1SCR889

..... were accepted as correct and in others they were not so accepted, notwithstanding the statutory presumption attaching to the entries under s. 44 of the punjab land revenue act, 1887. we do not think that any useful purpose will be served by examining those decisions in detail. the legal position is clear enough. ..... territory hitherto unoccupied by a recognised ruler. in all cases the result is the same. any inhabitant of the territory can made good in the municipal courts established by the new sovereign only such rights as that sovereign has, through his officers, recognised. such rights as he had under the rule ..... to chil trees on proprietary and cultivated lands in possession of adna-maliks. 29. it is not disputed that under s. 31 of the punjab land-revenue act, 1887, wajib-ul-arz is a part of the record-of-rights, and entries made therein in accordance with law and the provisions of ..... expressions 'ala-malik' and 'adna-malik' have been used often in the course of this litigation. what do those expressions mean in mr. douie's punjab settlement manual (1930 edition) it is stated in para 143 : 'where the proprietary right is divided the superior owner is known in settlement literature as ala ..... of predecessors avail him nothing'. 11. mr. douie in his punjab settlement manual (1899) said (p. 69) : 'the sikhs drove the hill rajas of kangra into exile or degraded them into mere jagirdars, and the .....

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Aug 09 1956 (HC)

Gopi Parshad Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Aug-09-1956

Reported in : AIR1957P& H45

..... . a licence fee on the sale of tobacco was imposed for the first time by the punjab tobacco vend pees act, 1934, which was enacted with the object of regulating the sale of manufactured tobacco in municipal and certain other areas. section 3 imposed a statutory obligation on all vendors of tobacco to ..... the provisions of article 14 for two reasons: first, because it applies only to dealers in tobacco who carry on business within the limits of municipalities, notified areas etc., and not to manufacturers and dealers who carry on their business in other parts ofthe state; and secondly, because it discriminates ..... in the regulation of the business for which it is exacted. according to the written statement presented by government, the annual income- from the punjab tobacco vend fees act, 1954, during the year 1955-56 was estimated at rs. 5,00,000/- while the total cost of administration of the department is ..... measure. it was enacted with the object of licensing the possession and sale of tobacco and has been designated by the legislature as the punjab tabacco vend pees act, 1954. it prohibits the dealing in manufactured tobacco without licence and requires that in addition to taking out a dealer's licence on ..... is not conclusive, it is an important factor in determining whether the particular imposition is a tax or a. licence fee -- 'flint v. stone tracy co.' (1911) 220 us 107 (c),; -- 'camas stage co. v. kozer', (1922) 25 am lr 27 (d).it is necessary also to ascertain the power, whether .....

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Oct 01 1956 (HC)

Sadasivam Vs. State of Madras, by the Asst. Inspector Labour X Circle, ...

Court : Chennai

Decided on : Oct-01-1956

Reported in : AIR1957Mad144; 1957CriLJ374; (1957)ILLJ524Mad

..... that when volume-ii of harwell & kar's book was published in february 1956, there was no such statute in. orissa.15. the punjab trade employees act x of 1948, although differently named from the statutes of the same nature framed by other states, was intended to limit the hour's ..... , even a 16 hours-a-day work was found very common. such a state of affairs led to state interference. in madras city and other municipal areas and major panchayats in the province, the persons employed in shops, commercial establishments, theatres, restaurants, etc., are overworked. excepting perhaps in the ..... business -in the interest of thepublic safety or regulate the conditions for themanufacture of foodstuffs or chemical products',etc. the avowed object of the act as shown by its preamble is to provide for holidays and to regulate and lay down conditions of and the hours of employment in shops ..... s bombay shops and establishments act of 1948, page 315 and following.13. the bihar shops and establishments act viii of 1954 is of very recent origin and is meant to apply in the first instance to, areas comprised, within a municipality, or a notified area, or a municipal corporation and to any ..... mining settlement. for which a mines board' of health has been established. the barber' and hairdressers' saloons are not included in the establishments exempted from the provisions of this act,provision has been made for .....

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