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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1961 Page 4 of about 68 results (0.114 seconds)

Sep 20 1961 (HC)

Nunia Mal and anr. Vs. Maha Dev

Court : Punjab and Haryana

Decided on : Sep-20-1961

Reported in : AIR1962P& H299

..... three decisions of the lahore high court. in shiv dyal v. ram dass, air 1926 lah 473, addison, j., said that in the punjab where easements act does not apply, the english law, which is usually taken to embody the principles of equity and good conscience should be applied. reference may also ..... easement had disappeared.the right claimed by the plaintiff was to bring wagons from the railway station on the siding passing through the railway premises, municipal land and the defendants' property to the plaintiff's factory premises. as a result of the revocation of the licence, the very purpose of ..... up to the premises of the plaintiff. the railway track passes through 385 feet long strip belonging to the railway, 93 feet belonging to the municipality, 631 feet within the defendant's land and the line continues for 335 feet within the plaintiff's land in which the mill is situated. ..... according to the above definition, the right of easement as claimed by the plaintiff is discontinuous. to this argument mr. sibbal replied that to punjab the indian easements act has not been extended and, therefore, the above definition cannot be treated as a guide. the position taken up appears to me to be ..... abandonment or by non-user. the release of easement by the dominant owner may be express or implied. section 38 of the indian easements act gives the cases of extinguishment by release and is modeled on the corresponding english law. section 47 provides extinguishment of easement by non-enjoyment and .....

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Oct 10 1961 (HC)

Workmen of the Karnal Kaithal Co-operative Transport Society Ltd. Vs. ...

Court : Punjab and Haryana

Decided on : Oct-10-1961

Reported in : AIR1962P& H231

..... that establishment, who, as a group, should espouse the aggrieved workman's cause. in support of this view the labour court made a reference to budge budge municipality v. p. r. mukherjee, 1953-1 lab lj 195 : (air 1953 sc 58), central provinces transport service ltd. nagpur v. raghunath gopal, ( ..... according to the petitioners, another industrial dispute arose between the society and its workmen as represented by the said union which was also referred by punjab government for adjudication (reference no. 34 of 1956). in this reference an award was made on 29th november, 1956, and in these proceedings ..... to which reference is made in kripa shankar's case, gajendragadkar, j., has said that once it is shown that a body of workmen, either acting through their union or otherwise, sponsored a workman's case, it becomes an industrial dispute. in ram prasad v. industrial tribunal, air 1961 sc 857 ..... provisions in the light of the guidance afforded by the constitution.(7) now the supreme court has clearly laid down that the industrial disputes act does not provide for reference of an individual dispute, and that it is only an industrial dispute which the government can lawfully refer for ..... co-operative transport society limited, and after conciliation proceedings held by the labour inspector a settlement under section 12(3) of the industrial disputes act, 1947, was arrived at between the parties on 21st august,1953. one of the terms of the settlement was that the society extended recognition .....

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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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Mar 21 1961 (HC)

Dr C.L. Katial and ors. Vs. Mrs. C.W.V. Madden

Court : Punjab and Haryana

Decided on : Mar-21-1961

Reported in : AIR1963P& H136

..... the debt due on the mortgage decree in favour of the company, bharat nidhi ltd. so that the sale would be free from encumbrances, and she would also pay all municipal dues such as electric and water charges up to the date of the sale deed, and that the defendant would pay the unearned increase in value and compensation fee claimed ..... his part to do all things necessary to effect such transfer, which would include an application to the revenue officer to sanction the transfer according to the c. p. tenancy act. in other words the fact that such an application had not been made and the sanction of the appropriate authorities obtained was not a bar to the grant of a ..... 1938 all 432, the question again arose in connection with an, agreement to sell of the sanction of the collector, under section 7(3) of the u. p. encumbered estates act. the question only arose in connection with the execution of a decree for specific performance but it was held that it was for the party and not the court to .....

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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 (HC)

The State Vs. Sadhu Singh

Court : Punjab and Haryana

Decided on : Mar-29-1961

Reported in : AIR1962P& H548

..... seller, of an offence under section 16(1)(a)(ii) of the prevention of food adulteration act, 1954.(2) on the morning of 6th february, 1959, y. r. malhotra food inspector, while on duty within the municipal limits of bhatinda city, took a sample of buffalo milk that the respondent, sadhu singh, ..... his bona fides, and the fact that he omitted to prepare the relevant memo under section 10(7) of the prevention of food adulteration act, further makes the entire prosecution case doubtful.(27) for the foregoing reasons, we find no substantial or compelling reason to interfere with the order ..... convicted, the learned magistrate sentenced him to one year's rigorous imprisonment plus a fine of rs. 2000/-, the minimum sentence prescribed under the act for a previous offender. in default of payment of fine, sadhu singh was ordered to undergo six month's rigorous imprisonment.(3) sadhu singh ..... the subject, usually known as the pure food acts. a provision similar to that embodied in sub-section (7) of section 10 of the present act (the prevention of food adulteration act 1954) was contained in the rules framed under the punjab pure food act, 1929, by which the food inspector was required ..... to take samples in the presence of at least two independent persons. a similar provision existed in the rules framed under the pure food acts .....

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Oct 23 1961 (SC)

The Board of Trustees, Ayurvedic and Unani Tibia College, Delhi Vs. th ...

Court : Supreme Court of India

Decided on : Oct-23-1961

Reported in : AIR1962SC458; [1962]Supp1SCR156

..... corporation or a non-trading corporation. the usual examples of a trading corporation are (1) charter companies, (2) companies incorporated by special acts of parliament, (3) companies registered under the companies act, etc. non-trading corporations are illustrated by (1) municipal corporations, (2) district boards, (3) benevolent institutions, (4) universities etc. an essential element in the legal conception of a corporation is ..... possession of the properties to the new board. that application was allowed in spite of the objection of petitioner no. 1. petitioner no. 1 unsuccessfully moved the high court of punjab against that order. 6. thereafter, petitioner no. 1 moved this court under art. 32 of the constitution for the issue of a writ restraining the state of delhi and the ..... from the appointed day, the board of trustees of the ayurvedic and unani tibbi college, delhi, a society registered under the provisions of the registration of societies act, 1860, on the 12th day of august, 1911, by the name anjuman-i-tibbia whose purpose, constitution and name was amended on 25th november, 1915, shall stand dissolved and all property, movable and immovable ..... known as the tibbia college. he died in the year 1927. but before his death, in the year 1911, he along with certain other persons formed a society styled anjuman-i-tibbia and had it registered under the societies registration act, 1860 (act xxi of 1860). the name of the society was changed in 1915, and it became known as the board .....

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Dec 05 1961 (SC)

State of West Bengal Vs. B.K. Mondal and Sons

Court : Supreme Court of India

Decided on : Dec-05-1961

Reported in : AIR1962SC779; [1962]Supp1SCR876

..... from this view has no doubt been struck (vide : chedi lal v. bhagwan das i.l.r(1889) . 11 all. 234; radha krishna das v. the municipal board of benares i.l.r(1905) . 27 all. 592; anath bandba deb v. dominion of india : air1955cal626 ; punjabhai v. bhagwan das kisandas i.l.r ..... the observations made by jenkins, c.j. in dealing with the scope of the provisions of s. 70 in suchand ghosal v. balaram mardana i.l.r(1911) . 38. cal. 1. 'the terms of s. 70', said jenkins, c.j., 'are unquestionably wide, but applied with discretion they enable the court ..... modern state government officers have invariably to enter into a variety of contracts which are often of a petty nature. sometimes they may have to act in emergency, and on many occasions, in the pursuit of the welfare policy of the state government officers may have to enter into contract orally ..... to come to the said conclusion. 'the legislature has made provision', said lord bramwell, 'for the protection of ratepayers, shareholders and others, who must act through the agency of a representative body, by requiring the observance of certain solemnities and formalities which involve deliberation and reflection. that is the importance of the ..... were invalid and unauthorised and did not constitute a valid contract binding the appellant under s. 175(3) of the government of india act, 1935 (hereafter called the act). it pleaded that there was no privity of contract between the respondent and itself and it denied its liability for the entire claim. .....

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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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Oct 31 1961 (HC)

State of Gujarat Vs. Gordhandas Keshavji Gandhi and ors.

Court : Gujarat

Decided on : Oct-31-1961

Reported in : AIR1962Guj128; (1962)0GLR269

..... the two high courts are courts of co-ordinate jurisdiction. the question was raised, for the first time before the division bench in the case of anand municipality v. union of india and others and, as has been stated by the learned chief justice s. t. desai in : air1960guj40 , both he and ..... application, on the other hand, we say that parliament has enacted or repealed a law; we speak of the by-laws of a railway company or municipality; we hear of the corn laws or the navigation laws. in the abstract sense we speak of law, or of the law; in the concrete sense ..... first time, before a division bench of this high court consisting of the learned the then chief justice s. t. desai and myself in the anand municipality v. union of india, special civil application no. 119 of 1960. at that time, our attention was drawn to a full bench decision of the ..... this high court. this very matter was considered by a full bench of three judges of this court including the then chief justice in the case of anand municipality v. union of india, reported in : air1960guj40 . later on, a division bench of this court consisting of mr. justice raju and mr. justice bakshi ..... punjab states union. the political map of india was thus redrawn and the boundaries of some of the existing states were altered while other states were abolished and new states were brought into being. to provide for the continued territorial extent and application of laws in this set up, section 119 was enacted in, the states reorganisation act .....

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