Court : Kerala
Decided on : Aug-04-1960
Reported in : AIR1961Ker331
..... been made. their lordships observed: 'the alteration of the conviction of the appellant from section 299 to section 300 of the calcutta municipal act, 1923 read with section 488 of the act, was no alteration in the substance of the accusation but only in the section more properly applicable to the facts found.'22. ..... illegal or void'.we are in respectful agreement with the view expressed in all these decisions and we hold that even though the learned judge had acted in an injudicial manner in issuing notice and arrest simultaneously the warrant of arrest on that ground does not become illegal.13. coming to the ..... the district munsiff allowed the petition and seeing that he thought fit to dispense with previous notice, there can be no doubt that he purported to act under sub-clause (2). the subsequent issue of a notice along with the order of attachment not being contemplated by the rule or any other ..... however mistaken the executing court may have been in exercising its discretion to direct that apprehension and escape from and obstruction to that apprehension are unlawful acts under section 225b, penal code, and the pushing of the peon by the accused not being justified in law amounts to an assault justifying ..... him.'21. the supreme court also in bhagat ram v. state of punjab, air 1954 sc 621 has held that in appropriate cases the conviction could be altered to one of abetment of an offence. in nani gopal biswas v. municipality of howrah, air 1958 sc 141, the question arose whether an .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-24-1960
Reported in : AIR1960Raj256
..... repealed. it follows that the appellant's rights under the dhara no. 29 of st. 2004 were still good and could have been enforced in the municipal courts until either repealed or repudiated as an act of state. these rights were carried over after the constitution when the indian republic was formed with this important difference, viz., that as the appellant then ..... their observations should be read and understood in the context of the facts and circumstances of the case in which they were made. we may refer in this connection to punjab co-operative bank ltd. v. commr. of income-tax, lahore, air 1940 pc 230 in which their lordships of the privy, council reproduced with approval, the following remarks of lord ..... , important to notice that immediately after the rajpramukh of patiala had taken over the administration of find on its merger: with the east punjab states union on (the terms of the covenant, he promulgated the patiala and east punjab states union administration ordinance (1 of st. 2005) repealing all laws in force in such covenanting state immediately before the date of the ..... administration of jind, on 20-8-1948, and immediately after assumption of office, he promulgated the patiala and east punjab states union administration ordinance no. 1 of smt. 2005. by section 3 of the said ordinance it was provided that all laws, ordinances, acts, rules, regulations, notifications etc. having force of law in patiala state on the date of the commencement of .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-16-1960
Reported in : AIR1961Guj57; 1961CriLJ499; (1960)GLR249
..... can be removed from his office as vice-chairman by a vote of two-thirds of the commissioners under the provisions of section 61 of the bengal municipal act, section 197, has no application to the proceedings.in our judgment it is impossible to divorce the position of the petitioner as vice-chairman from his ..... might however, be cases of emergency, and it is to provide for these emergent cases that a provision is made under section 31 of the bombay municipal boroughs act, 1925, to the effect that in case of emergency mentioned in sub-section (d) thereof it is within the power of the president to direct the ..... is necessary for the service of the public and for that purpose he has the power to direct the payment of the expenses of doing such an act from the municipal funds. prima facie, it appears, therefore, that under the provisions of section 31(d), if the president thinks that there is an emergency and ..... be deemed to be a public servant within the meaning of section 21 of the indian penal code.'7. section 18(1) of the act says as follows:'a municipality shall be presided over by a resident who shall be elected by the councilors from among their number. there shall be a vice iesident similarly ..... by mr. shah for the first opponent to another supreme court case reported in air 1960 sc 286, satwant singh v. state of punjab, wherein it was held that the act must bear such relation to the duty that the public servant could lay a reasonable but not a pretended or fanciful claim, that he .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-14-1960
Reported in : AIR1961P& H451
..... provisions of rule 87, that the respondents were fully competent to issue executive orders regarding the manner, terms and conditions on which the acquired evacuee urban agricultural lands in the punjab should be disposed of, and that the press notes and instructions issued by them were, consequently, legal.8. learned counsel for the petitioner has argued that both the press ..... by the central government announcing some concessions in addition to those already mentioned in the previous press note. it is in the following words :'evacuee urban agricultural land, in the punjab and in the erstwhile pepsu union had been given temporarily on lease to displaced persons who had left such lands in west pakistan. the leases were renewed from time to ..... the central government issued the following press note in which it was mentioned as to how these urban agricultural lands would be permanently transferred:'evacuee urban agricultural lands in the punjab and in the erstwhile pepsu union had been given temporarily on lease to displaced persons who had left such lands in west pakistan. the leases were renewed from time to ..... that in order to determine this question we have only to examine and interpret the relevant provisions of the act. before doing so, i may mention that urban agricultural land is that land which was included within the limits of a corporation, municipal committee, notified area committee town area, small town committee and cantonment. the general scheme of land resettlement did .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-03-1960
Reported in : AIR1960SC655; 2SCR896
..... not be evicted therefrom except in accordance with the provisions of this section, or in pursuance of an order made under s. 13 of the punjab urban rent restriction act, 1947 as subsequently amended. section 13, sub-s. (2) provides for an application in to be made by a landlord who seeks to ..... about the rebuilding of the shop the appellate court observed that respondent 1 had got the plan approved and had also got the sanction from the municipal committee to reconstruct the building so as to be able to make a ground for getting the appellant ejected from the shop. 3. this appellate ..... present proceedings for his personal use and that respondent 1 wanted to reconstruct the shop for which necessary sanction had been obtained by him from the municipal committee of gurgaon and the plan prepared in that behalf had been duly approved. this claim was resisted by the appellant who disputed the correctness and ..... , and soon thereafter he applied to the rent controller for the eviction of the appellant under s. 13 of the east punjab urban rent restriction act, 1949 (3 of 1949) (hereinafter called the act). this application was based on four grounds. it was urged that the appellant was a habitual defaulter and was in arrears ..... s. 13(3)(a)(iii) was bona fide. soon after he purchased the house he decided to reconstruct the building, moved the municipality with his plan and obtained its sanction. it is difficult to understand how on these facts it would be permissible to hold that the landlord is .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-11-1960
Reported in : 12STC446(P& H)
..... subject to excise duty under the punjab excise act. with the passing of the constitution, medicinal or toilet preparations containing alcohol could only be taxed by the centre, as this item was transferred to the union list. nevertheless ..... but only that part of it which contains alcohol.5. before the coming into force of the constitution any article containing alcohol was liable to excise duty under the punjab excise act. section 3(6)(c) read--'any medicinal or toilet preparation containing alcohol.' therefore, before the 26th of january, 1950, the goods prepared by the assessee-company were ..... body for the purposes of the state, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the union list, continue to ..... , the punjab state continued to collect this duty by virtue of the powers conferred by article 277 of the constitution which reads :-any taxes, duties, cesses or fees which, immediately before the commencement of this constitution, were being lawfully levied by the government of any state or by any municipality or other local authority or .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-18-1960
Reported in : AIR1961P& H1
..... , district board, body of port commissioners or other authority legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund.'the gram panchayat act makes provision for local funds which are managed by the village panchayats, and a 'panchayat', therefore, clearly falls within the meaning of 'local authority' given in clause 31 ..... entire estate or to a portion of an estate. this decision was later approved by the supreme court in atma ram v. state of punjab, air 1959 sc 519. it is also clear that the act of banding over the management and possession of the land to the panchayat amounts to acquisition or modification of proprietary rights. it is clearly an ..... 'any purpose in relation to any common need, convenience or benefit of the village.' earlier, by means of punjab act 1 of 1954, provision was made for vesting certain rights in panchayats and in non-proprietors. the punjab village common lands (regulation) act, 1953 (punjab act i of 1954) in section 3 provided that all rights, title and interests included in the shamilat deh of ..... . after this decision, the supreme court held the punjab village common lands (regulation) act also to be infra vires, and once the punjab village common lands (regulation) act is held valid, all objections against the impugned act disappear, because the impugned act does no more than the punjab village common lands (regulation) act. by section 3 of that act, the shamlat deh vests in the village panchayat. .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-27-1960
Reported in : AIR1960Guj34; 1960CriLJ1582; (1960)GLR119
..... appointed him by name. the prosecution relied merely on the fact that shri bhatt had been appointed by the sanitary committee of the surat borough municipality, as acting officer-in-charge of their public health laboratory. shri s. s. bhatt cannot, therefore, he regarded as public analyst, and the certificate given ..... sessions judge also observed that the stage government had not delegated the power of appointing public analyst to the sanitary committee of the surat borough municipality, and he therefore came to the conclusion that the report ex. 5 of the public analyst could not be considered in evidence. as regards ..... appointing shri bhatt as officer-in-charge of public health laboratory was made by the sanitary committee of the surat municipality and not by the state government. section 8 of the act requires that public analysts should be appointed by the state government. the state government has not delegated its powers ..... as public analyst. in this case, the state government has appointed the officer-in-charge of the public health laboratory surat borough municipality, without specifying the name of the officer in charge. no provision has been pointed out, which requires that the officer-in-charge of public ..... appendix. appendix b to the rules prescribes that buffalo milk shall contain not less than 5.0 per cent of milk fat except in delhi, punjab, peeps, uttar pradesh, bihar, west bengal, assam, bombay and saurashtra where it shall be not less than 6 per cent. the milk solids .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-01-1960
Reported in : AIR1961Cal125,65CWN213
..... . therefore they submit the total prohibition or banning of these cycle-carts without banning the other types of carts within the meaning of that word as defined in the calcutta municipal act is irrational, discriminatory, arbitrary and mala fide amounting to unreasonable restriction of the petitioners' right to carry on trade or occupation guaranteed under article 19(1)(g) of the ..... small compass. it appears that from september, 1958 the licence department of the calcutta corporation started registering these vehicles called the 'cycle carts' under section 224 of the calcutta municipal act. there is some controversy about the actual date and we are informed by the counsel for the corporation that the registration of the first cycle cart was on 29-12 ..... such the notification is against the principles of natural justice and therefore is illegal and without jurisdiction.(3) that the notification contravenes the provisions of section 224 of the calcutta municipal act and that so long as licence duly granted by the calcutta corporation is not revoked and/or cancelled and so long as the same is in force, the impugned ..... , kairana, : 1scr566 , md. yasin v. town area committee, jalalabad, : 1scr572 , dwarka prosad v. state of u. p., : 1scr803 , virendra v. state of punjab, : 1scr308 , emphasising lack of time limit and opportunity to make representation as making delegation bad, state of madras v. v. g. row, : 1952crilj966 , per patanjali sastri, g. j., romesh .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-21-1960
Reported in : AIR1961SC459; 2SCR537
..... into fees, by the process of attaching certain services and creating a fund. 59. the third case is ralla ram v. the province of east punjab (1948) f.c.r. 207 that was a case of a tax on lands and buildings and annual value was the basis on which the tax ..... a tax into a fee on that basis. 58. the next case to which reference was made is municipal corporation, ahmedabad v. patel gordhandas hargovandas : air1954bom188 in that case the ahmedabad borough municipality had levied a rate on open lands and the basis of the levy was one per centum of the ..... religious endowments, madras v. sri lakshmindra thirtha swamiar of sri shirur mutt : 1scr1005 the vires of the madras hindu religious and charitable endowments act 1951 (madras act xix of 1951), came to be examined amongst the sections challenged was section 76(1). under this section every religious institution had to pay to the ..... that the declaration covers the field of conservation and development of minerals, and the said field is indistinguishable from the field covered by the impugned act. what entry 23 provides is that the legislative competence of the state legislature is subject to the provisions of list i with respect to regulation ..... and effect cannot be exaggerated. in ralla ram v. the province of east punjab (1948) f.c.r. 207 the federal court had to consider the character of the tax levied by section 3 of the punjab urban immovable property tax act xvii of 1940. section 3 provided as follows : 'there shall be charged, .....Tag this Judgment!