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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1960 Page 3 of about 77 results (0.083 seconds)

Aug 04 1960 (HC)

Firm Jugal Kishore, Jagdish Prasad Vs. State of Delhi and ors.

Court : Punjab and Haryana

Decided on : Aug-04-1960

Reported in : AIR1962P& H142

..... . b. v. bhar, air 1940 bom 188. in the latter ruling an order of the bench magislature under sections 110 and 111 of the bombay municipal boroughs act was held not to be an order within the contemplation of art. an order of the magistrate, according to the reported decision, was a judicial and not ..... reliance is said to have been placed in support of the view of the learned district judge, was obviously influenced by the provisions of the punjab redemption of mortgages act, which makes the order passed by the collector final subject to a suit to establish the right claimed by a party. it is argued that ..... was constrained to concede to be against the general trend of reported cases.(7) before concluding, i may observe that unless an article in the limitation act clearly and without doubt applies to the case made out in a plaint, a litigant should not be non-suited on the ground of time bar. ..... the plaintiff's title to the goods in question, reversed the decision of the court below on the ground that under article 14 of the indian limitation act the suit should have been filed within one year from the order dated 10th august, 1950, when the magistrate forfeited the goods in question.(3) on ..... only question which arises for decision in this regular second appeal is whether the suit is barred by limitation by virtue of article 14 of the indian limitation act.(2) the suit out of which this appeal has arisen was instituted on 13th february, 1952, on the ground that on 23rd march, 1949, certain .....

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Sep 13 1960 (SC)

The Bullion and GraIn Exchange Ltd. and ors. Vs. the State of Punjab

Court : Supreme Court of India

Decided on : Sep-13-1960

Reported in : AIR1961SC268; [1961]1SCR668

..... therefore allow this appeal, set aside the order of the high court and direct that the petition under art. 226 of the constitution be allowed and declare that the punjab forward contracts tax act no. vii of 1951 is void and unconstitutional as it is ultra vires the powers of the state legislature, that the notification made under the rules promulgated by ..... of carriage, and other special forms of contracts, but not including contracts relations to agricultural land'. it is common ground before us that the act must be held to be within the legislative competence of the punjab state legislature only if in pith and substance it fell within item 62 of the state list and if it did not so fall it ..... carry on the business of forward contracts or as commission agents for forward contracts unrestricted by the provisions of the said punjab forward contracts tax act no. vii of 1951 and the rules thereunder and not to enforce the provisions of this act and the rules. the appellants will get their costs in this court as also in the court below. 17. appeal ..... application the appellants who had been carrying on the business of commission agents in forward contracts at ludhiana alleged that the punjab forward contracts tax act, 1951 (punjab act no. vii of 1951), was ultra vires the powers conferred upon the state legislature and prayed for a declaration that the act and the notification made and the rules promulgated thereunder by the respondent, state of .....

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Jul 06 1960 (HC)

Laxman Moreshwar Mahurkar Vs. Balkrishna Jagannath Kinikar and ors.

Court : Mumbai

Decided on : Jul-06-1960

Reported in : AIR1961Bom167; (1960)62BOMLR880; ILR1960Bom941

..... the united states, volume i, second edition, page 21 quoted from frothingham v. mellon (1923) 262 us 447:'the interest of a taxpayer of a municipality in the application of its moneys is direct and immediate and the remedy by injunction to prevent their mis-use is not inappropriate ... the reasons which ..... the spending of municipal funds by the bombay corporation contrary to the provisions of the city of bombay municipal corpora-lion act. in that case the learned chief justice followed an irish decision, the queen v. drury, (1894) ..... though no rule was formally issued in this case, has drawn our attention to the decision of the supreme court in ram jawaya v. state of punjab, : [1955]2scr225 in which the question was whether in the absence of any statute permitting the government to do so it was open to the ..... expenditure of public monies by government. in this connection, our attention was invited by mr. phadke to the decision of this court in municipal corporation, bombay v. govind laxman, air 1949 bom 229 in which a division bench of this court allowed a rate payer or bombay to challenge ..... , restraining a public authority from misspending public funds. a distinction must however be drawn between the powers of a municipal corporation and the powers of the government of a state. the municipal funds vest in the corporation as trustees on behalf of the public and they are by statute required to expend .....

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Mar 01 1960 (HC)

Y. Vasudevarao and ors. Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Mar-01-1960

Reported in : AIR1961AP229

..... state of mp, : [1959]1scr1440 where the action or the state government under section 53-a of the c. p. and berar municipalities act (11 of 1922) suspending the municipal committee on the ground that the committee was not competent to perform the duties imposed on it or undertaken by it, was challenged. the ..... executive. in support of this he referred to the cases of nohiria ram v. union of india, : [1958]1scr923 and ram jawaya v. state of punjab, (s) : [1955]2scr225 . he further contends that there is nothing in articles 309 and 310 which has the effect of conferring any power of appointment ..... and in fact to be more precise, it dealt with carrying on of business of printing, and publishing ol text books by the state of punjab. there was no legislation authorising the state to set up trading in books. the reasoning of the supreme court as stated by mukherjea, c. j ..... can enter into contracts with others for carrying out the work concerned. if the printing of books involves the expenditure of money and the appropriation act for that year shows this item of expenditure, that affords a complete answer to the objection that monies out of the consolidation fund cannot be ..... the question of the executive exercising its right of setting up trading activities, the learned chief justice observed: ' is true that the appropriation acts cannot be said to give a direct legislative sanction to the trade activities themselves. but so long as the trade activities are carried on in pursuance .....

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Aug 04 1960 (HC)

Thangal Vs. State of Kerala

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 .....

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Feb 03 1960 (HC)

Veervunni Mooppan Vs. State

Court : Kerala

Decided on : Feb-03-1960

Reported in : AIR1960Ker294

..... having been acquitted by the mayor of the corporation of the city of trivandrum, and his decision having become final, there was no power for the government under the city municipal act, act iv of 1116 to direct the mayor to hold a fresh enquiry. this decision, i consider has no application and is distinguishable. i therefore come to the conclusion, that the ..... to a conclusion regarding the conduct of the civil servant, and to decide what penalty, if any, should be imposed on him, as pointed out in k. r. sharma v. punjab state, air 1958 punj 27. the enquiring officer is not a court, but only an agency created as part of a machinery to provide a reasonable opportunity to the civil ..... punj 58. the supreme court observed in venkataraman v. union of india, air 1954 sc 375 that the enquiry need not be held in accordance with the public servants' inquiries act, 1950; but that it is open to the government to adopt any other method of enquiry, if they so choose.the learned counsel for the petitioner conceded, that if the ..... him in service. the facts here are different. the chief conservator of forests, was only an inquiry officer and was not himself the punishing authority, and did not purport to act as such, and the petitioner had not been 'exonerated' and no final action had been taken with respect to was urged, that the charge of bribery having been .....

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Aug 18 1960 (HC)

Kishan Singh S/O Gurditta and anr. Vs. State of Punjab and ors.

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. .....

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Sep 27 1960 (HC)

Hira Lal and anr. Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Sep-27-1960

Reported in : AIR1961P& H236

..... be laid down for making such an assessment. it has to depend upon the facts and circumstances of each case.9. in narayen jetha v. municipal commr. and municipal corporation of bombay, ilr 16 bom 254, the facts were that the plaintiff's unmarried daughter, a child between 5 and 6 years of age, ..... electric supply co. ltd., air 1947 cal 195 (200); sardar nand singh v. abhyabala debi, (s) air 1955 assam 157 (158); (s) air 1956 nag 86; municipal committee delhi v. sobhag wanti, (1960) 62 pun lr 362.34. in devi singh v. mangathayammal, air 1935 mad 322, where a boy, aged 13, was killed ..... on account of a live electric wire hanging down on the footpath of rajbaha ibban, and it was due to the gross neglect and carelessness of the punjab hydro-electric department, question arises as to what damages, if any, are his parents, who are plaintiffs in this case entitled?2. the facts proved ..... in a lane in bombay and met with her death. the sewer was vested in the municipality of bombay and was under the control of the municipal commissioner. her mother brought a suit for damages under the fatal accidents act, no. 13 of 1855. it was observed by the division bench of the bombay high ..... maintenance or support of his parents. there has not to be specific evidence of pecuniary advantage actually derived from the deceased prior to hisdeath. under this act, even prospective loss can be taken into account. parents can legitimately recover for the loss of the probability that their son would some day earn and .....

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Nov 25 1960 (HC)

Harbhajan Singh Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Nov-25-1960

Reported in : AIR1961P& H215

..... a huge fortune for himself by obtaining timber, cement, iron and machinery etc., illegally, fraudulently and with the illegal influence and authority of his father; how he defrauded the municipalities by committing thefts of tolls and other taxes; how he concocted, fabricated and forged palpably false accounts o[ the cold storage; how he was associated with his real first ..... certificate of having attended the course of lectures which he never did; how he employed his father's willing but illegal authority to force the subordinate services selection board, punjab, into giving him the lecturership of the government college, ludhiana which according to rules belonged to other applicants who were better qualified for the post; how he fraudulently obtained ..... of the persons freely mentioned, and broadly hinted, for complicity in smuggling, was shri surrinder singh kairon sou of sardar pratap singh kairon, the chief minister.while the punjab government maintained a studied silence, the vidhan sabha was deeply perturbed and in the budget session of 1957, a number of members of the legislative assembly vehemently expressed their anxiety ..... state in which the complainant has been held responsible by the accused.26. (after referring to certain speeches made in the punjab vidhan sabha and certain news items his lordship proceeded:) section 81 of the indian evidence act lays down that the court shall presume genuineness as to gazettes, newspapers etc., if such a document is produced from proper .....

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Dec 16 1960 (HC)

British India Corporation Ltd. and anr. Vs. Industrial Tribunal, Punja ...

Court : Punjab and Haryana

Decided on : Dec-16-1960

Reported in : AIR1962P& H154

..... was being continued but that a portion of the staff or the labour force was discharged as surplusage. a bench of the bombay high court in municipal corporation of greater bombay v. labour appellate tribunal of india, 1957-2 lab lj 37: ((s) air 1957 bom 188) came to the conclusion ..... appears to me that the tribunal was predominantly affected by the misapprehension that standing order 19 had been rendered void by the provisions contained in the act. this is abundantly clear from the trend of his whole order. as the aforesaid error which is apparent vitiates the order passed by the tribunal ..... of the word 'retrenchment' given in clause (00) of s. 2 of the act and considered that the definition was comprehensive enough to include even termination of service simpliciter unless any of the exceptions mentioned in clause (00) was applicable. ..... respondent no. 3, piare lal by the management.(2) the company is governed by the standing orders made under the industrial employment (standing orders) act xx of 1946 which were duly certified on 11th april 1951 and are admittedly still in force. respondent no. 3 was a workman employed in the ..... that the industrial tribunal was in error in taking the view that ss. 25f, 25g and 25j of the industrial disputes act, as amended (to be referred to as the act) militate against standing order 19 which can no longer have any valid existence or force now. the tribunal examined the definition .....

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