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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1958 Page 1 of about 67 results (0.086 seconds)

Mar 18 1958 (HC)

Kishori Lal Batra Vs. the Punjab State and anr.

Court : Punjab and Haryana

Decided on : Mar-18-1958

Reported in : AIR1958P& H402

..... w. 2/5, dated 20-3-1948, extended the provisions of the punjab municipal (executive officer) act, 1931, to the municipality of rohtak, which was a municipality of the second class as constituted under the punjab municipal act, 1911. under section 3 of the punjab municipal (executive officer) act, 1931, hereinafter referred to as the act, it was therefore incumbent on the committee to appoint within three months ..... on behalf of the plaintiff that this in fact amounted to altering the constitution of the municipal committee, which the state government could not do under the provisions of the punjab municipal act. section 12 of the punjab municipal act, 1911, as it stood before its amendment by punjab act no. v of 1951 was as follows :--'12. every such committee shall consist of ..... members appointed by the provincial government either by name or by office, or of members elected from among the inhabitants in accordance with rules made under this act, or ..... , whether elected or appointed, shall be vacated on a given date, and in such case, such seat shall be vacated accordingly, notwithstanding anything contained in the punjab municipal act or in the rules made thereunder, but it was pointed out that, while section 14 itself provided that it was to take effect notwithstanding anything in the preceding .....

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Mar 31 1958 (HC)

Romesh Chandra Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Decided on : Mar-31-1958

Reported in : AIR1959HP17

..... of the public, admission being regulated by tickets. on 19-7-1956, by means of a notification, purporting to be one under section 62(6a) of the punjab municipal act, 1911, as applied to himachal pradesh, the municipal committee of mandi, with the previous sanction of the lieutenant-governor, himachal pradesh, imposed a show tax of rs. 2/-per show on the petitioner with effect ..... provisions of article 239, they do not cease to be states and become merged with the central government.' learned counsel for the respondent no. 2 (municipal committee of mandi) pointed out that, when the provisions of the punjab municipal act, 1911, were applied to himachal pradesh on 25-12-1948, vide government of india, ministry of states notification no. 386, ib of the same date ..... , with the previous sanction of the state government, could impose any other tax, which the state legislature had power to impose under the government of india act 1935 (vide s. 61(2), punjab municipal act in the former part c state of himachal pradesh, financial bills, involving the imposition of any tax could not be introduced, except on the recommendation of the chief commissioner ..... bye-law, with such modifications, not affecting the substance, as may be necessary or proper in the circumstances.' accordingly, he submitted that in construing the provisions of section 61(2), municipal act the peculiar position of the himachal pradesh as a part c state should not be lost sight of. in other words, i was requested to hold that the .....

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Apr 23 1958 (HC)

Municipal Committee Vs. Ramkaran Ganeshilal

Court : Madhya Pradesh

Decided on : Apr-23-1958

Reported in : AIR1958MP355

..... , and not the administrator, was the party in the high court. it was also urged that as the municipal committee had been constituted by section 18 of the punjab municipal act, 1911 (no. iii of 1911) a body corporate with perpetual succession, its supersession did not put an end to the corporation and that all legal proceedings by or, against the ..... corporation must be instituted only in the name of the corporation. their lordships of the federal court repelled these contentions, and observed : 'the provisions of section 18 of the punjab municipal act ..... by section 80, civil procedure code, and that the notice sent by the plaintiff was really one under section 49, punjab municipal act. it was urged that a notice to the collector was necessary inasmuch as the committee having been superseded under section 238, municipal act, all property, which was vested in the committee became vested in his majesty. din mohammad j. repelled ..... demolishing building on the ground that the land under the building belonged to him, and not to the municipality. sanction to construct certain building had been granted to him by the municipality, but it was superseded under section 238. punjab municipal act, and the sanction was suspended by the deputy commissioner, sialkot. the plaintiff, then, served a notice on the .....

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Aug 30 1958 (HC)

K.G. Khanna Vs. Prakash Chand and ors.

Court : Himachal Pradesh

Decided on : Aug-30-1958

Reported in : AIR1959HP20

..... , petitioner, on 18-8-1958, wherein it was stated that the writ petition was the only remedy open to him. another point taken was that the rules framed under the punjab municipal act, as applied to himachal pradesh, do not provide for the publication of the electoral roll and for inviting objections thereto. in view of the amended written-statement filed by respondents ..... time. this has hardly any application to the facts of the present case. 27. in the end, i may point out that under section 12 of the punjab municipal act (which applies to himachal pradesh) a municipal committee shall consist of members appointed by the government, either by name or by office, or of members elected from among the inhabitants in accordance with rules ..... , because even if the area in dispute did not retain the character of a military cantonment, still admittedly, it was not included in the municipal area of solan, as contemplated in sections 4 and 5 of the punjab municipal act, as applied to himachal pradesh. 18. the aimer case, referred to above, is applicable to the facts of the present case on all fours ..... cantonment.' according to the petitioner, the above persons were not entitled to vote in the municipal ejections, because they were not residents of the municipal area, i.e. since a military cantonment could not be included in the area of any municipality, vide the proviso to section 4, punjab municipal act, as applied to himachal praclesh. 2. along with this writ petition, there was a petition .....

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Apr 17 1958 (HC)

Bindra Ban and ors. Vs. Sham Sunder and ors.

Court : Punjab and Haryana

Decided on : Apr-17-1958

Reported in : AIR1959P& H83

..... as provided by the rules and, therefore, a writ of quo warranto ought not to have been issued. rule 51 of the municipal election rules, 2006, framed by the patiala and east punjab states union under section 240 of the punjab municipal act, reads--'subject to the provisions of rule 67 no election shall be called in question except by an election petition presented in ..... , and no election could validly take place without new and fresh delimitation under sec, 240 (1) (b) and (c) of the punjab municipal provided by rule 6 of the election rules, framed under the act, every resident within the municipal limits was entitled to vote, unless he was not a citizen of india or was below the age of 21 or was ..... , or a number of individuals claiming to fee a corporation, to show cause by what authority they, as an aggregate body, claimed to act as corporation. the constitution or existence of the municipal committee is not being questioned. section 4 of the punjab municipal act provides for the provincial government to declare, by notification, any local area to be, for the purposes of this ..... act, a municipality of the first or second class.section 11 of the said act lays down that there shall be established for each municipality, a committee having authority over the municipality and consisting of such number of members .....

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May 23 1958 (HC)

Harnam Singh Modi and anr. Vs. Sate of Punjab

Court : Punjab and Haryana

Decided on : May-23-1958

Reported in : AIR1960P& H186

..... the case of shri harnam singh modi for the arguments which are applicable to his case apply also to the case of shri sadhu ram.(8) section 14 of the punjab municipal act is in the following terms:'14. powers of the state government over the constitution of committee--notwithstanding anything in the foregoing sections of this chapter, the state government may at ..... of the said election the state govt. issued a notification in which it was declared that in exercise of the powers conferred by s. 14(e) of the punjab municipal act the governor of the punjab was pleased to direct that the seat of shri sadhu ram, shall be vacated with effect from the date of the notification and to direct further that under ..... singh failed to appear. on 14-8-1956 the state govt. issued a notification in which they declared that the seat of the petitioner as a member of the municipal committee had been vacated under s. 14(e) of the punjab municipal act and that he had been disqualified for election for a period of three years under s. 16(3) of the said ..... act.(4) on 28-8-1956 the appellant presented a petition under art. 226 of the constitution in which he complained that no notice was issued to him to show cause .....

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Jan 06 1958 (HC)

Major General Shanta Shamsher Jung Bahadur Rana Vs. Kamani Brothers Pr ...

Court : Mumbai

Decided on : Jan-06-1958

Reported in : AIR1959Bom201; (1958)60BOMLR1024; [1959]29CompCas501(Bom)

..... words 'legal character' have been used, although in a different context. the said words 'legal character' as occurring in section 41 have been construed in punjab national bank v. balikram kissenchand : air1940cal225 . in that case sen j. in his judgment at page 227 of the said report observes as follows:'the ..... has been illegally rejected and that the defendant had not been elected as a member of the municipal committee can be entertained by the civil court even under the provisions of section 42, specific relief act. the words, 'legal character' are wide enough to include the right of franchise and the ..... as the chairman of the board of directors. later on 14-8-1911 the board of directors appointed the plaintiff as the managing director of the company. in connection with the business of the company certain disputes arose ..... of their meetings, and determine the period for which he was to hold office. a general meeting of the company held on 25-1-1911 appointed the plaintiff in that case as a director and later on the same dy a meeting of the board of directors appointed the plaintiff ..... includes a director occupying the position of a managing director, by whatever name called.'he contended that under the circumstances the plaintiff was appointed and acted as managing director and was entrusted with certain powers as such managing director and that therefore the plaintiff was entitled to a 'legal character' within .....

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Sep 12 1958 (HC)

T. Aswathanarayana and ors. Vs. the State of Andhra Represented by Sec ...

Court : Andhra Pradesh

Decided on : Sep-12-1958

Reported in : AIR1959AP461

..... (1). notwithstanding anything in article 246, no law of the legislature of a state relating to taxes for the benefit of the state or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates ..... counsel for the petitioners do not afford much guidance in the determination of this issue before us.31. on the other hand, a decision of the punjab high court reported in silver screen enterprises v. state, air 1958 punj 203, has dealt with this issue and the ratio decidendi thereof is in conformity ..... its powers conferred by entry 50 in list ii of the 7th schedule to the government of india act, 1935, corresponding to the present entry 62, make a provision in an enactment to authorise the municipality to impose a tax upon shows given at the cinemas situated within its limits.17. the statement said ..... was laid down by the federal court in ralla ram v. province of east punjab, air 1949 fc 81 among other things, that in substance the property tax levied by section 3 of the punjab urban immovable property tax act, (act xvii of 1940) falls within item 42 of the provincial list and is not a ..... tax on income falling within item 54 of the federal list of the government of india act, although the basis of the tax is the .....

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Jan 23 1958 (HC)

G. Narayanaswami Naidu Vs. C. Krishnamurthi and anr.

Court : Chennai

Decided on : Jan-23-1958

Reported in : AIR1958Mad343; (1958)1MLJ367

..... air1957all384 , in which it was held that an employee of the life insurance corporation was not 'an employee of the central government' for the purposes of the united provinces municipalities act, which carried a disqualification worded similar to article 191(1)(a) of the constitution. the learned advocate-general submitted that the reasoning of the court below failed to notice recent ..... without argument by stating that the service under the district board did not attract article 311.39. state of punjab v. prem parkash , was a similar case concerning an employee of a municipal council. the learned judges said that the municipality dealt exclusively with local affairs as distinguished from that related to the state at large or the general public. ..... with an executive officer of a committee. the learned judges of the punjab high court held that the service of such officer was not governed by article 311. they negatived this contention urged on behalf ..... by the general clauses act including in this category employees of state regional authorities such as port trusts, (2) public corporations created for carrying on state undertakings. the decisions, however, drew no essential distinction as regards the principles applicable as between the two categories. falling under the first head was mangal sain v. state of punjab , which was concerned .....

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Mar 17 1958 (HC)

Rameshwar Prasad and ors. Vs. Municipal Board Pilibhit and ors.

Court : Allahabad

Decided on : Mar-17-1958

Reported in : AIR1958All841

..... also the power to remove.but then removal must be by way of punishment. the whole scheme of section 76 of the u. p. municipalities act shows that the power conferred on the executive officer under that section was confined to cases of disciplinary action and not to those of termination of ..... covered by the aforesaid attention has been invited by the learned counsel appearing for the state to section 71 of the u. p. municipalities act and it is contended that the aforesaid order has been issued under that section. section 71 runs as follows :'71. except as provided by ..... , with regard to the ground relating to the nature of the government order dated 10-4-1950. there is no provision in the municipalities act apart from the provisions of section 57, 66, 68 and 70, which gives the government the power to lay down the conditions of service or ..... high court in the case of sm. ram piari v. municipal committee pathankot where it was observed as follows :'now, ram piari was employed by the municipal committee to work and serve as a headmistress in the municipal board primary girls' school at pathankot. the ..... municipal servants or the district board servants are at the pleasure of the board and the board can terminate their services. (see also the case of prabhu lal upadhaya v. district board, agra : air1938all276 where the same law was laid down in respect of the servants of the district board.a similar view was taken by the punjab .....

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