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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1961 Page 2 of about 68 results (0.092 seconds)

Dec 07 1961 (HC)

Kamalkhanji Jiwankhanji Vs. Expenditure Tax Officer, Ward C, Income-ta ...

Court : Gujarat

Decided on : Dec-07-1961

Reported in : AIR1963Guj98; (1962)GLR479

..... of the covenant and which have been guaranteed by the government of india arise by virtue of an act of state and that the obligations in connection therewith are not enforceable in the municipal courts of the land. reliance was placed in this connection upon a decision reported in air 1958 ..... a covenant with the government of india for the merger of the territories of that ruler into one stat, called the patiala and east punjab states union and by the covenant all duties and obligations of the ruler appertaining or incidental to the government of the covenanting state were to ..... matter between independent sovereigns and any dispute arising therefrom must 'be settled 'by recourse not to municipal law of either states but to diplomatic action, and that failing, to force. that is an act of state pure and simple, and that is its character until the process of acquisition is completed ..... officers to show that their action which is under challenge is within the authority conferred on them by law. altogether different considerations arise when the act of the sovereign has reference not to the rights of his subjects but to acquisition of territories belonging to another sovereign. that is a ..... order not to subject the expenses incurred by the petitioner out of privy purse amount received by him to the expenditure tax under the expenditure-tax act, 1957.4. the learned advocate general, who appears for the respondents, has raised a preliminary objection to the maintainability of the petition. he .....

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Dec 07 1961 (HC)

Malek Shri Kamalkhanji Jiwankhanji Vs. Expenditure Tax Officer and anr ...

Court : Gujarat

Decided on : Dec-07-1961

Reported in : (1962)3GLR479

..... 10 of the covenant and which have been guaranteed by the government of india arise by virtue of an act of state and that the obligations in connection therewith are not enforceable in the municipal courts of the land. reliance was placed in this connection upon a decision reported in : [1958]34itr514 ..... into a covenant with the government of india for the merger of the territories of that ruler into one state called the patiala and east punjab states union and by the covenant all duties and obligations of the ruler appertaining or incidental to the government of the covenanting state were ..... matter between independent sovereigns and any dispute arising therefrom must be settled by recourse not to municipal law of either states but to diplomatic action and that failing to force. that is an act of state pure and simple and that is its character until the process of acquisition is completed ..... to show that their action which is under challenge is within the authority conferred on them by law. altogether different considerations arise when the act of the sovereign has reference not to the rights of his subjects but to acquisition of territories belonging to another sovereign. that is a ..... not to subject the expenses incurred by the petitioner out of privy purse amount received by him to the expenditure tax under the expenditure-tax act 1957.3. the learned advocate general who appears for the respondents has raised a preliminary objection to the maintainability of the petition. he contends .....

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Jan 24 1961 (HC)

Vora Fidaali BadruddIn Mithibarwala Vs. the State of Bombay (Now Gujar ...

Court : Gujarat

Decided on : Jan-24-1961

Reported in : AIR1961Guj151; (1961)2GLR343

..... the subject seeks to establish and enforce, for otherwise the violation of the existing rights would be invested with the character of an act of state and the municipal courts would have no jurisdiction to entertain any complaint in respect of the violation of the existing rights. it is indisputable that this ..... the dominion of india by executing instruments of accession before they entered into the covenant for the merger of their territories into the patiala and east punjab states union. these two decisions of the supreme court establish firmly that by acceding to the dominion of india by executing instruments of accession, the ..... punjab states union. the question that arose for decision was whether the covenant was an act of state and dealing with that question, venkatarama aiyar j., emphatically stated in no uncertain terms:'the question ..... rulers of other states. the ruler of the jind state along with the rulers of seven other indian states in east punjab thereafter entered into a covenant on 5th may 1948 for the merger of their territories into one state called the patiala and east ..... jind entered into a covenant for the merger of their territories into one state called the patiala and east punjab states union. for brevity, we shall refer to the patiala and east punjab states union as the patiala union. article vi(b) of the covenant provided that all duties and obligations of .....

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Aug 01 1961 (HC)

Shri Amar Chand Butail and anr. Vs. the Union of India (Uoi) and ors.

Court : Himachal Pradesh

Decided on : Aug-01-1961

Reported in : AIR1962HP43

..... cession it is stipulated that certain inhabitants should enjoy certain rights, that does not give a title to these inhabitants to enforce these stipulations in the municipal courts. the right to enforce remains only with the high contracting parties.' air 1947 pc 1. 'where a state has been ceded by a ..... hitherto unoccupied by a recognized ruler. in all cases the result is the same. any inhabitant of the territory can only make good in the municipal court established by the new sovereign such rights as that sovereign has, through his officers; recognized. such rights as he had under, the rule of ..... in respect of the following documents:--(i) original letter dated 20th of march 1951 from the chief conservator of forests himachal pradesh to the a. g. punjab and himachal pradesh states. (ii) original report of the accountant jubbalsub-treasury dated: 17-2-51. (iii) original report dated 28-11-48 of ..... company shall always be assessed to income-tax at rates specified therein was binding on the government of india after the patiala and the east punjab states union of which the erstwhile jind state was a component part merged in the union of india. the decision of that question depended upon ..... a matter between independent sovereigns and any dispute arising there from must be settled by recourse not to municipal law of either states but to diplomatic action, and that failing, to force. that is an act of state pure and simple, and that is its character until the process of acquisition is completed .....

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Dec 19 1961 (HC)

Bal Kishan Bansi Ram and anr. Vs. Gopi Chand and anr.

Court : Punjab and Haryana

Decided on : Dec-19-1961

Reported in : AIR1963P& H163

..... and waheed hasan khan v. state of hyderabad, air 1954 hyd 204 (fb), do not contain anything helpful to the interpretation of the further proviso to section 6 of the punjab act no. 18 of 1958 on which mr. dalip chand gupta relied.9. accordingly, reversing the judgments ofthe courts below, i am of the view that the application by the tenants ..... twelve months preceding the first day of baisakh 2004 bk. and also the rental value of such building or rented land if entered in property tax assessment register of the municipal, small town or notified area committee, relating to the aforesaid period. this period would correspond to the year 1946-47. by his order dated the 15th march, 1954, the controller ..... the premises in suit at rs. 343.75 np. per annum, was confirmed.2. an application by the tenants was made under section 4 of the act. the land in suit was situated within the municipal limits of sangrur. in the year 1952-53 the contractual rent was rs. 900/- per annum. the tenants moved the rent controller, sangrur, under the provisions ..... of the patiala and east punjab states union urban rent restriction ordinance, 2006 bk. (ordinance no. viii of 2006 bk.) (hereinafter to be referred to as the ordinance .....

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Nov 13 1961 (HC)

Union of India Vs. Jasso and ors.

Court : Punjab and Haryana

Decided on : Nov-13-1961

Reported in : AIR1962P& H315

..... , ilr 5 mad 273, it was even held by sir charles a. turner, c. j. and muttusami ayyar, j. that where an act complained of is professedly done under the sanction of municipal law, and in the exercise of powers conferred by that law, the fact that it is done by the sovereign power and is not an ..... carried out in exercise of the sovereign powers of the state.(7) a more or less similar question arose recently in this court, rup ram v. punjab state 63 pun ilr 231: (air 1961 punj 336)(fb), in respect of an accident involving a motor vehicle owned by the public works department of the ..... punjab which was being driven for the purpose of the department as the result of which a suit was brought by the injured plaintiff. the suit was decreed ..... in the course of exercise of what are usually called sovereign powers of the state and (ii) can the punjab state be held liable for damages for the tortious act in question. the leading judgment with which my lord the chief justice and harbans singh, j. agreed was delivered by dulat, j. who after discussing ..... against durga das, the driver of the vehicle who was impleaded as a defendant, but dismissed as against the state of punjab. in the resultant appeal by the plaintiff two questions were referred to a full bench (i) does the tortious act of defendant no. 2 (durga das driver) in the present case fall within the category of .....

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Aug 02 1961 (SC)

Roshan Lal Mehra Vs. Ishwar Das

Court : Supreme Court of India

Decided on : Aug-02-1961

Reported in : AIR1962SC646; [1962]2SCR947

..... control rent of houses in new delhi and the civil lines. from 1939 till 1942 no rent control act applied to the municipal area of delhi. on october 15, 1942 the punjab urban rent restriction act, 1941 with suitable adaptations was extended to that area. under that act a landlord could recover only standard rent from the tenant and the term 'standard rent' was defined ..... are bound to follow procedure laid down in the civil procedure code. it is urged that the rent controller is not bound by any procedure laid down by the civil procedure code or the punjab courts act. x x x17. section 7 says that the standard rent shall be determined in accordance with the principles set forth in the second schedule. the second schedule fixes basic ..... the application. the matter was then taken to the district judge in appeal. the learned district judge who was bound by the decision of the punjab high court also held that s. 7a of the control act, 1947, was unconstitutional and therefore the application was not maintainable. the tenant-appellant then made an application under art. 227 of the constitution to the ..... delhi and whenever the ordinance was made applicable to any area, the punjab urban rent restriction act, 1941 ceased to be operative. in the ordinance also standard rent was defined substantially in the same terms as in the punjab act. the central legislature then enacted the control act, 1947 which repealed the punjab act as extended to delhi and also the rent control order of 1939 and .....

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Apr 25 1961 (HC)

Kangra Valley Slate Company Ltd. Vs. Kidar Nath Girhsar Lal and ors.

Court : Punjab and Haryana

Decided on : Apr-25-1961

Reported in : AIR1961P& H540

..... question under consideration by the plaintiff. 11. i would, therefore, answer the question referred to the full bench in this way that section 3 (a) of punjab act no. 1 of 1954 is not limited to the rights, title and interests of proprietors as such, but extends to all persons having the same in the ..... , but where a statute does not admit of construction because of the apparent clarity of the language used, this rule can have possibly no application. in punjab act no. 1 of 1954 the legislature has in section 3 directly made a provision interfering with the vested rights of those who have such rights in the ..... in the land included in the shamilat deh. so that as this reference is confined to the very question before this bench, the question whether or not punjab act no. 1 of 1934 deals with rights, title and interests over land does not arise. whatever the soundness of this argument, it does not arise in ..... plaintiff are profit a prendre with the result that the rights under the lease with the plaintiff are rights over land and not rights in land so that punjab act no. 1 of 1954, which merely deals in section 3 with rights, title and interests in land, does not apply to the case of rights, ..... the plaintiff is going to be deprived on the interpretation suggested by the defendants and accepted by the learned trial judge; and(3) that at the most punjab act no. 1 of 1954 deals with rights in land and not with rights over land, there being distinction between rights in or rights over land (entry .....

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Nov 16 1961 (HC)

Sardarni Ram Khetri W/O. S. Sahib Singh and ors. Vs. Hind Iran Bank Lt ...

Court : Punjab and Haryana

Decided on : Nov-16-1961

Reported in : AIR1962P& H526; [1962]32CompCas470(P& H)

..... 1931 lah 668, ram sarup v. ram chander air 1949 ep 29; mohesh lal v. busunt kumaree, ilr 6 cal 340; surat borough municipality v. sarifa karunnissa, air 1939 bom 494 and nithoor thimmanna bhat v. aithappa adyanthaya air 1940 mad 908. the same view has been taken by tek chand ..... of adjective law and that they operate only to bar the remedy but not to extinguish the right'; mela ram and sons v. commissioner of income-tax, punjab, (s) air 1956 sc 367. even prior to this decision, this was the prevailing view; dalip singh v. sikh gurdwara prabandhak committee, amristar, air ..... mentioned section at the determination of the period limited by this act to any person for instituting a suit for possession of any property his right to such property only and, therefore, it would scarcely be permissible ..... and other property. in so far as acquisition of ownership of by possession is concerned, the relevant provisions are contained in part iv of the act. sections 26 and 27 deal with acquisition of right of easement and section 28 provides for extinguishment of right of property. according to the last ..... upon the contributories to pay the unpaid amount. this was followed by an application on behalf of the official liquidator under section 187, indian companies act in december, 1957, for payment order against the contributories which has given rise to the present appeal. i shall now deal with the merits of .....

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Mar 29 1961 (SC)

Salig Ram Vs. Munshi Ram and anr.

Court : Supreme Court of India

Decided on : Mar-29-1961

Reported in : [1962]1SCR470

..... ., as far back as 1906 in daya ram v. sohel singh and others 1906 p.r. no. 110, 'in all cases under s. 5 of the punjab laws act, it lies upon the person asserting that he is ruled in regard to a particular matter by custom, to prove that he is so governed, and not by personal ..... brothers - though the high court did not notice this part of the answer in the riwaj-i-am of 1911-12. the conclusion therefore at which we arrive is that amongst brahmins and khatris of amritsar district, a son given away in adoption can succeed to the ..... collaterally as a successor of his adoptive father. 9. the position as it emerges from a comparison of the entries in the riwaj-i-am of 1865, 1911-12 and 1940 is somewhat confused and the high court therefore thought that the custom recorded in para. 48 should be adhered to as brahmins and khatris did ..... therefore necessarily override the custom so far as it applies to brahmins. in any case the position is made clear by the manual of customary law prepared in 1911-12 by mr. craik. the custom recorded in that compilation is that with the exception of brahmins and khatris, an adopted son does not retain his right ..... that a son given away in adoption was excluded altogether from succeeding in his natural father's family as recorded in 1911-12. this conclusion seems to be fortified by the statements of brahmins and khatris in 1911-12 that a son given away in adoption succeeded in the family of his natural father if he had no .....

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