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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1961 Page 1 of about 68 results (0.092 seconds)

Jun 22 1961 (HC)

Siri Ram and anr. Vs. Niranjan Singh and ors.

Court : Himachal Pradesh

Decided on : Jun-22-1961

Reported in : AIR1962HP52

..... to seek election to the municipal committee nahan. disqualifications for membership have been set forth in rule 7 of the aforesaid rules ..... main question that arises for decision is as to whether under the municipal election rules 1957 framed by the lieutenant governor himachal pradesh in exercise of the powers vested in him under sections 242 and 258 of the punjab municipal act, 1911, as applied to himachal pradesh, respondent no. 1 was not qualified ..... on 21st of march 1956 when the life insurance (emergency provisions) act no. 9 of 1956 came into force. he was then a member of the municipal board chandausi. section 13(d)(f) of the u.p. municipalities act inter alia provided that a person shall be disqualified for being a member ..... to the control of the government of india or the government of the state should also be a disqualification for seeking election to the municipal committee nothing would have been easier than to have made a specific provision to that effect. it would thus appear that the mere fact ..... the petitioners and respondent no. 1 to both the petitions (hereinafter to be styled as respondent no. 1) were candidates for election to the municipal committee, nahan. they filed their nomination papers. an objection was raised at the instance of the petitioners that respondent no. 1 was not qualified .....

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Aug 14 1961 (HC)

Parmatma Ram and ors. Vs. Siri Chand and ors.

Court : Himachal Pradesh

Decided on : Aug-14-1961

Reported in : AIR1962HP19

..... . the grounds on which the aforesaid prayers are based are (a) that in the rules framed by the lieutenant-governor in exercise of his powers under sections 240 and 258, punjab municipal act, 1911, as applied to himachal pradesh, there is no provision for the preferment of objections to the electoral rolls or for their disposal; (b) that the electoral rolls on the basis ..... person is included in the electoral rolls for the parliament in relation to the constituency concerned, vide rule 6. rule 9 provides that the roll of each constituency of a municipal committee shall be the finally published electoral roll for the parliamentary election to thesaid constituency operative at the time when the deputy commissioner frames election programme under rule 3 unless ..... 1961, that application was rejected. 5. the respondents to the petition are the successful candidates from wards nos. 2 to 5, shri prakash chand, treasury officer kasumpti, returning officer for municipal election of solan held in1958, the deputy commissioner mahasu district at kasumpti and the union of india. 6. the petition has been resisted by respondents nos. 3 to 8. respondents ..... was authenticated and published by the chief commissioner was not in conformity with the provisions of section 30(2) of the ajmer merwara municipalities regulation no. 6 of 1925 as amended by act 65 of 1950. the aforesaid ruling was considered in the full bench case reported in (1961) 63 pun. lr 485 : (air 1961 punj 429) supra and the following .....

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Sep 13 1961 (SC)

Dr. H.S. Rikhy and ors. Vs. the New Delhi Municipal Committee

Court : Supreme Court of India

Decided on : Sep-13-1961

Reported in : AIR1962SC554; [1962]3SCR604

..... the conclusion that there was no valid lease between the parties, the high court relied upon the provisions of section 47 of the punjab municipal act (punjab act iii of 1911). the high court also negatived the contention that the committee was estopped from questioning the status of the applicants as tenants, having all ..... in immovable property, we have to determine the question whether in these cases there was a contract creating such a relationship. now, under the punjab municipal act, section 18, a committee is a corporate body with perpetual succession and a common seal, with power to acquire and hold property and ..... court was in error in relying upon the provisions of section 47 of the punjab municipal act which, it was contended, was subject to the provisions of the act, in view of the overriding provisions of section 38 of the act. it was further contended that the definitions of 'landlord' [section 2(c)], ..... a contract could be cured by mere receipt of rent. we have here to determine whether the provisions of section 47 of the municipal act prevent the committee from entering into a contract or making a transfer of property without complying with the conditions laid down in that section ..... punjab under article 133(1)(c) of the constitution, is whether the provisions of section 8 of the delhi and ajmer rent control act (38 of 1952) (which hereinafter will be referred to as the act) apply to the transactions in question between the appellants in each case and the new delhi municipal .....

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Sep 11 1961 (HC)

Haji Ismail Haji Mohd. Ramzan Vs. Municipal Committee, Malerkotla and ...

Court : Punjab and Haryana

Decided on : Sep-11-1961

Reported in : AIR1962P& H364

..... confining the sale of certain commodities or articles to particular localities only. the learned counsel for the committee has not been able to point to any particular provisions in the punjab municipal act which may be relevant for the purposes of saying whether the impugned bye-laws can be saved under the general provision embodied in clause (v) of section 188. my attention ..... ) of section 197. bhide j. while delivering the judgment of the bench in mula mal's case, air 1929 lah 607 referred to clause (d) of section 197 of the punjab municipal act, as it stood before the amendment in 1923, which was:'the committee may by bye-law, fix the places in which any specified article of food or drink may be ..... they limit the premises where fruit and vegetables could be sold, wholesale or by auction, to sabzimandi or to any other place specially demarcated by the municipal committee are ultra vires the provisions of the punjab municipal act.(6) it is next contended that the impugned bye-laws have the effect of creating a monopoly in favour of the four lessees to whom the ..... petitioner has assailed the validity of the bye-laws, firstly, on the ground that they are ultra vires the provisions of the punjab municipal act. in this connection reference has been made to sections 197(a) and 188(e)(ii) of the punjab municipal act. section 197(a) is to the effect that the committee may, and shall if so required by the state government, by .....

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Jan 12 1961 (HC)

Ajudhia Nath Dowarka Nath Vs. Amar Nath Gupta and ors.

Court : Punjab and Haryana

Decided on : Jan-12-1961

Reported in : AIR1961P& H352

..... of this section shall be binding on thecommittee'.admittedly, the contract of sale did not conform to the requirements of sub-section (2) of section 47 of the punjab municipal act. it was proposed bysome municipal commissioners in a resolution, of 16th of october 1954 to file a civil suit against the first defendant to recover the land because the sale-deed had not ..... were sold and some houses have been built upon these plots.5. at this stage, it may be pointed out that under sub-section (2) of section 47 of the punjab municipal act,'every transfer of immovable property belonging to any committee must be made by an instrument in writing, executed by the president or vice-president, and by at least two other ..... held in trust for public purposes or for purposes of the act.' all properties vesting in the municipality under section 56 of the punjab municipal act are charged with a public trust of which 'the inhabitants are the beneficiaries'. reference may also be made to the rule laid down by a ..... to be tried'. being rate-payers, the plaintiffs have a peculiar and special interest in the properties of the municipal committee and are vitally concerned with the illegal or ultra vires acts of the municipal committee.9. hari chand, in his commentary on the punjab municipal act (1934 edition), at page 278, goes so far as to say that 'all property acquiredor held by committee is .....

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Aug 09 1961 (HC)

Sadhu Singh S. Mulla Singh Vs. District Board, Gurdaspur and anr.

Court : Punjab and Haryana

Decided on : Aug-09-1961

Reported in : AIR1962P& H204

..... or not, including any land, godowns, out-houses, or furniture let therewith, but does not include a room in a hotel, hostel or boarding-house;'in the punjab municipal act, section 3(2) defines building in these terms:' 'building' means any shop, house, hut, outhouse, shed or stable, whether used for the purpose of human ..... also to be found in section 2(j)--the definition of the 'urban area'--for the government could, by reducing the limits of a municipal committee under the municipal act or by increasing its limits, or by notifying an area as an urban area or by with drawing that notification, bring about an exemption as ..... of 1928) and with a notification issued by the governor of bihar picking out section 104 out of the bihar and orissa municipal act of 1922 modifying it and extending it in its modified from to the patna administration and patna village areas. bose, j., after ..... constructed on such land, or shall cause or suffer such land to be diverted permanently from its existing use, without the consent of the punjab government.' no act on the part of the district board has been proved which has made the lessee to alter his position on the basis of any representation ..... it is legislation that the question that it is delegated legislation will arise. before examining this question, it may be mentioned that the east punjab urban rent restriction act is an exception to the general law of the landlord and tenant. whenever the power of exemption under section 3 is exercised the building .....

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Aug 31 1961 (HC)

Municipal Committee, Sirsa Vs. Kirpa Ram Shadi Ram

Court : Punjab and Haryana

Decided on : Aug-31-1961

Reported in : AIR1962P& H203

..... hissar, for setting aside an order of acquittal of the respondent by a magistrate first class at a summary trial.(2) the municipal committee, amritsar, filed a complaint against the respondent, complaining of an offence under section 219 of the punjab municipal act. the case was tried by shri r.s. pathania, magistrate first class sirsa, in exercise of summary jurisdiction that vested in ..... 414 thereunder lays down:'notwithstanding anything here in before contained, there shall be no appeal by a convicted person in any case tried summarily in which a magistrate empowered to act under section 260 passes a sentence of fine not exceeding two hundred rupees only.'(7) in other words, the law provides that where at a summary trial an accused person .....

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Apr 07 1961 (HC)

Dev Prakash Balmukand Vs. Babu Ram Rewti Mal and ors.

Court : Punjab and Haryana

Decided on : Apr-07-1961

Reported in : AIR1961P& H429

..... case should be settled on merits that much of the doubt arising out of conflicting decisions may be removed.3. prior to 13th august, 1959, the rules framed under the punjab municipal act required that election to a municipal committee should be held on the basis of the electoral roll prepared for the election to the ..... objections to it invited in accordance with the new rules. before the amendment, r. 8 was in these words:-'the roll of each constituency of a municipality shall be the electoral roll for the punjab legislative assembly in relation to the said constituency operative on the date fixed by the deputy commissioner for the submission of nomination papers under rule 10.'the ..... have said, the rule was actually amended on the 13th august, 1959, by adding a proviso that government may, if so inclined, direct that the punjab legislative assembly roll shall not be used for the municipal election and a fresh roll in accordance with rules 8-a to 8-k, which were added on the same day, shall be prepared. the actual ..... punjab legislative assembly and the relevant part of the punjab legislative assembly roll was under the relevant rule the roll for the municipal election. sometime in the beginning of august, 1959, however, punjab government decided to amend the rule although the amendment was actually made on the 13th .....

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Apr 19 1961 (SC)

Bishan Das and ors. Vs. the State of Punjab and ors.

Court : Supreme Court of India

Decided on : Apr-19-1961

Reported in : AIR1961SC1570; [1962]2SCR69

..... ramji das they came into possession of the properties in question but in january, 1958, the respondents, namely, the state of punjab, some of its officials, and the municipal committee, barnala, by force and without any authority of law dispossessed them from the dharmasala in question and further deprived them of ..... later constructed with the permission of the authorities concerned for meeting the expenses for the maintenance of the temple and dharmasala. soon after, that is in 1911, there was a complaint against ramji das (ex. b) in which allegations were made to the effect that ramji das was utilising the dharmasala for ..... from his fellow subjects and visits him with a disability which is not imposed upon the others. we have here a highly discriminatory and autocratic act which deprives a person of the possession of property without reference to any law or legal authority. even if the property was trust property it ..... , the state or its executive officers cannot interfere with the rights of others unless they can point to some specific rule of law which authorises their acts. in ram prasad narayan sahi v. the state of bihar : [1953]4scr1129 this court said that nothing is more likely to drain the vitality ..... bhagwan das; whether it was a licence coupled with a grant or an irrevocable licence within the meaning of s. 60(b) of the easements act, 1882. these are disputed questions which we do not think that we are called upon to decide in the present proceeding. the admitted position, .....

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Apr 17 1961 (HC)

Daudayal Onkarlal Vs. Gulabchand Shankerlal and ors.

Court : Madhya Pradesh

Decided on : Apr-17-1961

Reported in : AIR1962MP47

..... was a local authority within the meaning of the term as used in section 14 (1) (f) of the madhya bharat municipalities act no. 1 of 1954 hereinafter called 'the act'. the polling officer rejected this contention of the opponent no. 1. there was an appeal to the returning officer. this was dismissed ..... municipality took place under the provision of the madhya bharat municipalities act and the rules made thereunder. four candidates had been nominated for the purpose of this election including the petitioner and the ..... corporation' can be called a 'local authority' for the purpose of section 14 (1) (f) of the madhya bharat municipalities act no. 1 of 1954. 2. the question arose for consideration under the following circumstances. 3. on 26-4-1959 election to the khachrod ..... an authority, in order that it can be called local authority must be one which performs functions not dissimilar to functions, performed either by a municipal committee, district board, port commissioners or the like, such authorities must be meant to serve a locality. such authorities must derive its funds under ..... prakash, (s) air 1957 ail 384 by mehrotra, j., and also in writ petition no. 1010 of 1959 by bishan narain j., of the punjab high court. other such statutory corporations which though, are, subject to certain governmental control in the matter of policy, are held not be mere government departments .....

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