Skip to content


Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1959 Page 1 of about 74 results (0.152 seconds)

Jul 20 1959 (HC)

Municipal Committee, Malerkotla Vs. Mohd. Mushtaq

Court : Punjab and Haryana

Decided on : Jul-20-1959

Reported in : AIR1960P& H18; 1960CriLJ111

..... , malerkotla city, there should not remain any brother nor should any woman reside for practising prostitution. in pursuance of this a public notice under s. 152, punjab municipal act, 1911, be issued that after 15 days of the publication of that notice in the gazette, there should not be any brothel, nor should any woman reside for practising ..... resolution. it was notified that any person contravening the provisions of this notice shall be dealt with under s. 152 of the punjab municipal act, 1911, and that the notice would take effect of fortnight, after its publication in the punjab gazette.(4) a copy of the complaint was furnished to the respective respondents and detailed written statements have been filed. the respondents ..... the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause.(9) section 152 of the punjab municipal act, 1911, provides, that the committee may, by public notice, prohibit in any specified part of the municipality:(a) the keeping of a brothel;(b) the residence of any person who practises prostitution. resolution no. 364 was passed by ..... of conviction passed by the trial court under s. 152 of the punjab municipal act, no. iii of 1911, and acquitting the accused-respondents.(2) the respondents were prosecuted in pursuance of a resolution of the municipal committee, no. 364, dated 29-10-1956. a complaint under s. 152 of the punjab municipal act, 1911, was presented by p. w. joginder singh. sanitary inspector of the .....

Tag this Judgment!

Oct 23 1959 (HC)

Jit Singh Mohar Singh Vs. Municipal Committee and anr.

Court : Punjab and Haryana

Decided on : Oct-23-1959

Reported in : 1961CriLJ272

..... a complaint was thereupon filed by the municipal committee against jit singh accused-petitioner under section 78 of the punjab municipal act. after considering the evidence produced both by the ..... 1958. this allegation of the petitioner was enquired into, and the municipal committee came to the conclusion that it was not true, and that the petitioner had committed an offence under section 78 of the punjab municipal act, 1911, for introducing the bicycle in question into the octroi limits of the municipal committee, khanna, without payment of the octroi tax leviable thereon. ..... the notification in question is otherwise invalid on the ground of being contrary to law, or not having been made in accordance with sections 61 and 62 of the punjab municipal act. nor is it his case that the delegation of the legislative power is outside the legally recognised limits. the argument before me was strictly limited to the question ..... counsel then referred to rahmat elahi v. emperor air 1931 lah. 752(1) where shade lal c.j. observed 'that to constitute an offence under section 78, punjab municipal act, there should be an attempt to introduce dutiable articles into octroi limits with intent to defraud the committee.this is the offence generally known as smuggling. where there is .....

Tag this Judgment!

Mar 26 1959 (HC)

Singhai Tantilal S/O Panchamlal Vs. City of Jabalpur Corporation

Court : Madhya Pradesh

Decided on : Mar-26-1959

Reported in : AIR1960MP223

..... not the owner of lorries. similarly devi prasad v. municipal board kanauj, air 1949 all 741 and municipal board v. raghunath pd., air 1954 all 121 are cases where tax ..... , and on this ground the civil courts' jurisdiction was maintained. likewise, in municipal committee, montgomery v. sant singh, ilr 1940-21 lah 707 : (air 1940 lah 377) (fb), the jurisdiction of the civil courts was not held to be barred under the punjab municipal act, 1911, on the ground that the tax could not be assessed on a person who was only a hirer and ..... by its demand offered a rebate of 61/4 per cent in the retail prices.the sub-divisional officer, who was the appellate authority under the c. p. and berar municipalities act, 1922 before the constitution of the city of jabalpur corporation, fixed the rebate at 12 1/2 per cent and sanctioned imposing of double octroi duty for evasion by way ..... vires of a provision or where the matter goes beyond the limits of a statute, stand on a different footing. thus in chairman of giridih municipality v. suresh chandra mozumdar, ilr 35 cal 859, the bengal municipal act, 1884, was nail held to bar the jurisdiction of the civil courts in a case where the assessment was challenged on the ground that it .....

Tag this Judgment!

May 29 1959 (HC)

Lachhman Singh Chuhar Singh and anr. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : May-29-1959

Reported in : AIR1959P& H522

..... . doabia in his attack on the notification dated 30-10-1958.he has submitted that this notification did not comply with the provisions of sections 240 and 258 of the punjab municipal act because there was no previous publication which is mandatory and that the boundaries of one ward were completely changed.5. mr. sikri, learned advocate-general, has, while dealing with the ..... elections have been held do not contain even the locality of the residence of the voters.7. in my opinion, this petition has to be allowed. section 240 of the punjab municipal act empowers the government to frame forms and make rules. the various heads suggested for the purpose of making rules include -- (b) the division of ..... are to be held but if the former roll is not constituency-wise, then, in my view, the roll of each municipal constituency has to be specifically prepared in accordance with the punjab municipal act and the rules.the determination of the territorial limits of the constituencies, in other words their delimitation, is an essential and integral part of the process of preparation of ..... no. 1 published a notification dated 11-4-1958 (annexure 'a' attached to the petition) under section 240 of the punjab municipal act and rules made thereunder, by which the municipality of morinda was divided into six wards; be-fore doing so, another notification dated 14/18th of may 1957 containing draft rules had been published and objections were invited as .....

Tag this Judgment!

Apr 24 1959 (HC)

Deodutt Sharma Vs. Zahoor Ahmed Zaid and ors.

Court : Rajasthan

Decided on : Apr-24-1959

Reported in : AIR1960Raj25

..... it be remembered in this connection that the regulation was itself enacted in 1925, and section 242 thereof is almost a verbatim copy of section 236 of the punjab municipal act (no. iii) of 1911. the language of this section is not very happy and perhaps suffers from a certain amount of obscurity.but we are disposed to think that if we were to ..... deliberately did not call a meeting of the committee to elect a chairman. there is no provision in the above regulation similar to the provision contained in the rajasthan town municipalities act authorising the collector to convene a meeting to elect a chairman. it cannot be said in the circumstances that the committee failed to elect a chairman in the manner prescribed ..... attempt to define them exhaustively. in the aforesaid case it was held that an order passed by the state government under section 53-a of the c. p. and berar municipalities act (no. ii) of 1922 appointing an executive officer for a certain period with certain powers was a merely administrative order, and that it was more a matter of policy rather ..... member pointed out that the mayor could not adjourn the meeting without the consent of the members. the mayor's attention was drawn to section 88 (m) of the hyderabad municipal corporation act (no. 2) of 1956 which, let it be noted, is exactly worded like section 55 of the regulation we have been called upon to consider in this case.nevertheless .....

Tag this Judgment!

May 07 1959 (HC)

Aeron Steel Rolling Mills Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : May-07-1959

Reported in : AIR1960P& H55

..... in brij lal v. state of patiala, air 1957 punj 100, a question arose whether the requirement imposed by s. 238 of the punjab municipal act that the state government shall record the reason for superseding a municipal committee was directory or mandatory'.the court held that the statutory provision which pertains to an official action is generally construed as directory rather than ..... appear to have been agitated before the learned judges.(7) the proceedings in the case now before us for consideration were transferred from the second industrial tribunal to the punjab industrial tribunal on the ground only that the term of the second industrial tribunal had come to an end and some provision had to be made for the disposal ..... the statutory provision which empowers the state government to transfer a proceeding under the industrial disputes act from one tribunal to another is mandatory or directory.(2) on the 31st october, 1957, the punjab government passed an order under section 33b of the industrial disputes act, 1947, withdrawing all references pending before the second industrial tribunal at amritsar and transferring the ..... mandatory. in prabhu dayal himmat singh v. state of punjab, civil writ no 80 of 1958: (air 1959 punj 460), a division bench of .....

Tag this Judgment!

May 01 1959 (HC)

East Punjab Province (State of Punjab) Vs. Modern Cultivators, Ladwa

Court : Punjab and Haryana

Decided on : May-01-1959

Reported in : AIR1960P& H66

..... considered by a full bench in mohd. sadaat ali v. corporation of lahore, air 1945 lah 324. in that case municipal corporation of lahore which was required, under section 132 of the punjab municipal act, to maintain water pipes omitted to notice and remedy a burst pipe resulting in damage to the property of the plaintiff. ..... the job entrusted to him were different from the ones that he thought had been laid down in the statute. a mere default in repairing the municipal water pipes is a breach of a statutory duty, but is outside the phraseology of the article, though it is clearly within the english statute x ..... its officials honestly believed that section 132 did not exist in the statute, or that they had no duty to repair and to look after the municipal pipes? x x x x if an official had been charged with the duty of repairing the water pipe that had been laid in the neighborhood ..... j., while dealing with this provision observed as follows:'it is clear that if the language of this act had been adopted by the framers of art. 2, limitation act, the case of default by a municipal corporation and the failure on its part to maintain its water system in proper order resulting in damage ..... by way of damages was instituted on 15-10-1948, by the plaintiff-firm through its partners (hereinafter referred to as the plaintiff's) against the east punjab province (as it was then called). the plaintiff's had originally given notice under s. 80, civil procedure code, claiming rs. 70,000/- but in the plaint .....

Tag this Judgment!

Mar 19 1959 (HC)

Municipal Board of Bareilly Vs. Kundan Lal

Court : Allahabad

Decided on : Mar-19-1959

Reported in : AIR1959All562

..... the purpose of imposing any tax. no principle or policy for guiding the exercise of this discretion in the matter of selecting that portion of the municipality is laid down in the municipalities act. the statute itself therefore provides the delegation of arbitrary and uncontrolled power to the board so as to enable it to discriminate between persons or things similarly situated. it ..... whether the house-tax imposed on the plaintiff, who is resident in the civil station bareilly, in pursuance of the power given by section 128 of the municipalities act is invalid and ultra vires of the municipal board, bareilly, due to article 14 of the constitution of india?'4. the submissions of the parties can be shortly stated. for sri kundan lal it ..... . i am in respectful agreement with the view taken by the former.30. it is true that under section 128(1) of the u. p. municipalities act it has been left to the discretion of the municipal board to determine whether a tax is to be imposed on the whole or only a part of the area over which it has jurisdiction. but ..... v. state of punjab : [1958]1scr308 it has been taken to be settled law that the policy underlying an act may itself provide a guide for the exercise of the discretion which the legislature vests under the act in a particular authority. as my lord the chief justice has pointed out, the policy underlying the act, the purposes for which municipal boards have been created .....

Tag this Judgment!

Mar 06 1959 (HC)

Ram Khilari Vs. Hari Singh

Court : Rajasthan

Decided on : Mar-06-1959

Reported in : AIR1959Raj274

..... question which arises for determination is whether the election is not vitiated in view of sub-section (5) of section 19 of the rajasthan town municipalities act, 1951 which runs as follows :'if the validity of the election is brought in question only on the ground of an error by the officer or ..... . i accordingly hold that the nomination paper of shri harisingh was invalid and the detect is not cured by section 19(5) of the rajasthan town municipalities act. i, therefore, allow the appeal, set aside the order of the district judge, allow the election petition, set aside the election of harisingh and ..... vitiated. against this decision, the present appeal has been filed.3. the first question for decision is as to whether rule 15 of the rajasthan town municipal election rules, 1951 is mandatory. it runs as follows :'every person who intends to stand for election in any ward shall, not less than fifteen ..... an. order of the district judge, bharatpur, dismissing his election petition against hari singh.2. ram khilari and hari singh were candidates for election to the municipal board, bharatpur from ward no. 19. 19th march, 1956 was the date fixed for election. hari singh filed his nomination paper on 4-3-56, ..... days.'7. in sura] bhan v. randhir singh, air 1958 punj 483, interpreting another rule framed under the representation of the people act, a view was taken by the punjab high court which is different from the view taken by our court in the case referred to above. but sitting singly, i am .....

Tag this Judgment!

Nov 26 1959 (HC)

Lachhman Das Makhan Lal and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Nov-26-1959

Reported in : AIR1960P& H394

..... the said notification. that the tax in question was open to this criticism was further admitted in the return filed on behalf to the ujjain municipality, i hold therefore that the notification by which the performance tax in question was imposed invalid.'(2) i am in entire agreement with this decision ..... is made by parliament by law, and any law so made by parliament may be made either generally or in relation to any specified states, municipalities, boards or authorities. (3) the power of the legislature of a state to make laws as aforesaid with respect to taxes on professions, trades ..... that if in the financial year immediately, preceding the commencement of this constitution there was in force in the case of any state or any such municipality, board or authority a tax on professions, trades, callings or employments the rate or the maximum rate, of which exceeded two hundred and fifty ..... 1) notwithstanding anything in art. 246, no law of the legislature of 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 profession, trades, callings or employments shall be invalid on the ground that it ..... per cent on their income derived from their business as commission agents. it is not disputed that the permission of the punjab government under s. 82 of the punjab gram panchayat act, 1952 (iv of 1953) had been obtained by the gram panchayat of village machhiwara in ludhiana district and that such .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //