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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1965 Page 1 of about 92 results (0.110 seconds)

Nov 15 1965 (HC)

Municipal Committee Amritsar and ors. Vs. the State of Punjab Through ...

Court : Punjab and Haryana

Decided on : Nov-15-1965

Reported in : AIR1966P&H232

..... present controversy. the schedule appended to this act runs as under ---' the schedule(see section 6).a the punjab municipal act. 1911(punjab act no iii of 1911).(1) after clause (f) of sub-section (1) of section 52 the following clause shall be added, namely --' g ' seventhly, such sum to be paid annually by the ..... read with entry 5 appearing in list ii of schedule vii of the constitution.the act, by virtue of section 6 had also amended certain provisions of the punjab municipal act, 1911, and the punjab district boards act, 1883. this, could have been done under entry 5 mentioned above. under these circumstances the punjab legislature could make this law, as the same was within its legislative competence. the ..... , amritsar, had failed to pass the necessary resolution undertaking this liability, it was requested that the provisions of section 234 of the punjab municipal act. 1911, might be invoked. a copy of this letter was forwarded to the executive officer of the committee on 10th of april 1904 the deputy commissioner. amritsar, issued a notice to ..... the management of aided schools of a local authority under section 5. the punjab municipal act, 1911, and the punjab district boards act, 1883, should be deemed to have been amended in the manner specified in schedule appended to the act with effect from 1st of october 1957 there is another section in this act, namely, section 7, but we are not concerned with the same in the .....

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Feb 03 1965 (SC)

Ram Dial and ors. Vs. the State of Punjab

Court : Supreme Court of India

Decided on : Feb-03-1965

Reported in : AIR1965SC1518; (1965)67PLR835; [1965]2SCR858

..... of punjab for reasons of public interest was pleased to direct that the seats of these appellants shall be vacated ..... the appellants in these three appeals were elected to the municipal committee, batala in the elections held on january 22, 1961. on august 4, 1961, that is, after these persons started functioning as members of the municipal committee the government of punjab issued a notification under section 14, clause (e) of the punjab municipalities act, 1911 in which it which it was stated that the governor ..... been filed by uma shankar appellant in this court and raises the same question as in the appeals, namely, whether section 14(e) of the punjab municipalities act, no. iii of 1911 (hereinafter referred to as the act) is unconstitutional inasmuch as it violates art. 14 of the constitution. the appeals and the writ petition will therefore be dealt with together. we may ..... 1959]1scr1440 on which reliance is placed on behalf of the state. in that case this court was concerned with sections 53a and 57 of the c.p. and berar municipalities act which to a certain extent were held to overlap. the argument under art. 14 did not really arise in that case because the two provisions dealt with two different situations .....

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Oct 12 1965 (HC)

Ram Kumar Sharma Vs. Punjab State and ors.

Court : Punjab and Haryana

Decided on : Oct-12-1965

Reported in : AIR1966P& H99

..... of punjab is pleased to make the following rules as to the division of the municipality of hissar into wards and fixation of the number of representatives for election from each such ward ..... 1964:--'no. de-64/3-a/1257. with reference to the punjab government notification no. de/63/ 3-a/10179 dated the 6th december, 1963 (i. e. the so-called draft rules in the preliminary notification) and in exercise of the powers conferred by section 240 of the punjab municipal act, 1911 (punjab act iii of 1911) and all other powers enabling him in this behalf, the governor ..... again left undecided.14. in general it seems to me that the court should be reluctant to strike down laws which have stood the test of time, like the punjab municipal act of 1911, and even allowing for the fact that statutory provisions could only be scrutinised by the high courts for the purpose of ascertaining their constitutional validity after the constitution came into ..... . the main basis of both the petitions is the contention that the provisions of section 240 (b) and (c) of the punjab municipal act of 1911 are invalid on the ground of excessive delegation of authority.2. the first petition in point of time, c. w. no. 1094 of 1965, was filed by a single petitioner, .....

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Aug 24 1965 (HC)

Municipal Committee Vs. Haji Ismail and anr.

Court : Punjab and Haryana

Decided on : Aug-24-1965

Reported in : AIR1967P& H32

..... the sabzi mandi of malerkotla, are void and ineffective, two questions arise for consideration, (a) whether the . bye-laws in question are ultra vires the provisions of the punjab municipal act, 1911 (pun-lab act 3 of 1911), and (b) whether the same are to be struck down as creating a monopoly for the wholesale sale of vegetables and fruits in favour of four persons only ..... the ratio in the three cases upon which the learned judge has placed reliance in this respect.4. there is next the consideration of section 188 (e) (ii) of punjab act, 3 of 1911, which is also one of the provisions mentioned in the beginning of the bye-laws under which the same have been made. there is clause (v) of section 188 ..... -laws with regard to fruits and vegetables appear at page 23. it is stated that those bye-laws have been made under sections 197 and 188 (e) (ii) of punjab act 3 of 1911. bye-laws 5, 6 and 7 concern the matter of licence fee and the conditions of a licence, the remaining four bye-laws are relevant and are in this ..... which gives power to a municipal committee to make bye-laws to 'generally provided for carrying out the purposes of this act'. some reliance was placed on this clause before the learned .....

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Feb 11 1965 (HC)

Sat NaraIn Fatech Chand Vs. Hardayal Singh and ors.

Court : Punjab and Haryana

Decided on : Feb-11-1965

Reported in : AIR1965P& H362

..... the case was it appears forwarded to the commissioner jullundur division who is exercise of the powers of the state government under section 225 of the punjab municipal act 1911 delegated to him set aside the election of sat narain. the learned commissioner also observed that after excluding 11 votes form the count the votes ..... nay nomination or improper acceptance or refusal of a vote or reception of any voter which is void or non compliance with the provisions of the punjab municipal act or of the rules made thereunder of mistake in the use of nay form annexed thereto as materially affects the result of an election. this ..... pooled by sat narain would be less than those obtained by ram sarup. acting under the proviso to rule 69 of the punjab municipal election rules the learned commissioner also held ram sarup to be duly election from ward no. 12 of the ..... municipal committee abohar.(5) it is this order which is being challenged in the present proceedings. the learned counsel for the petitioners ..... standard vaccum oil company madras air 1965 sc 111. in developing this submission it has been urged that under r. 8 (d) of the municipal election rules which prescribed conditions for registration every person whose is not less than 21 years of age on the qualifying date is entitled to be registered .....

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Feb 11 1965 (HC)

Municipal Committee, Rampura Phul Vs. Amar Nath Karkara

Court : Punjab and Haryana

Decided on : Feb-11-1965

Reported in : AIR1965P& H511

..... retrenched the services of 20 employees including those of the respondent after giving one month's notice.(3) certain rules, which are incorporated in the punjab municipal account code, had been framed under s. 240 of the punjab municipal act, 1911. rule v-4 is in the following terms:--(1) the committee shall appoint an officer to be octroi superintendent who, in addition to discharging any ..... functions and duties which the octroi superintendent alone is empowered to discharge under the rules. as observed before, there is no indication in sub-r. (2) that in such municipalities an octroi superintendent need not be appointed at all. at any rate, the question in the present case is of a different nature. the respondent had been appointed to a ..... by resolution which functions and duties imposed by the rules upon the octroi superintendent may be discharged by such assistant octroi superintendents. according to mr. wasu, in cases of such municipalities where octroi (without refunds) is force, it is not obligatory to appoint an octroi superintendent as provided by sub-r. (1). it is difficult to acceded to this contention ..... . collecting or assessing officers, including the assistant octroi superintendent, if any, appointed under the provisions of r. v-5 or under sub-r. (2) of this rule. (2) in municipalities where octroi (without refunds) is in force the committee may appoint one or more assistant octroi superintendents or octroi inspectors and may with the pervious sanction in writing of the .....

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Feb 03 1965 (HC)

Municipal Committee/Council Vs. Meghraj Phojraj Baghrecha and anr.

Court : Madhya Pradesh

Decided on : Feb-03-1965

Reported in : AIR1966MP104

..... against wrong orders of the municipal authorities. the firm then preferred an appeal to the supreme court against the decision of the ..... punjab high court. the supreme court, after considering the provisions of section 9 of the code of civil ..... of 3 pies per maund and that the municipal committee was not justified in recovering from him tax at the rate of -/10/- per maund payable 'in respect of salt of all kinds other than common salt.' the punjab high court held that the civil court had no jurisdiction to entertain the suit as the punjab municipal act, 1911, provided a remedy by way of appeal ..... procedure and the relevant provisions of the punjab municipal act, including section 86(2) of that act which provided that no refund of any tax would be claimed otherwise than in accordance .....

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Sep 20 1965 (HC)

Ram Labhaya Vs. Municipal Committee

Court : Punjab and Haryana

Decided on : Sep-20-1965

Reported in : AIR1966P& H460

..... on the agreement made it wholly void and unenforceable by reason of non-compliance with the mandatory provisions of section 47 of the punjab municipal act 1911.6. now, section 65 of the indian contract act provides that when an agreement is discovered to be void, or when a contract becomes void, any person who has received ..... it was held by the judgment dated 29th august 1955 that it was void for want of non-compliance with the provisions of section 47 of the municipal act. the present case, therefore, falls within the same category as air 1945 lah 164, air 1922 pc 403 and air 1927 pc 99. in that ..... be on his account and at his risk and responsibility. it is unnecessary to refer to the subsequent correspondence between the parties. on 8th november1954 the municipal committee filed a suit for recovery of rs. 11,309 odd from the plaintiff for damages for alleged breach of contract. the total amount of deposit ..... recovery of rs. 2,100 on the ground that certain property had been purchased at an auction sale conducted under the provisions of the punjab land revenue act but the purchasers had been deprived of their property because it did not belong to the person on whose account it had been sold. ..... k.l. kapur contends that the present case is governed by article 97 of the act and not article 62. in the alternative, the terminus a quo would be the date of the judgment in the suit filed by the municipal committee owing to the existence of special circumstances. at any rate, the limitation would .....

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May 07 1965 (HC)

The Union of India (Uoi) Vs. the Cantonment Board

Court : Allahabad

Decided on : May-07-1965

Reported in : AIR1967All301

..... pronouncement of the supreme court in firm seth radha kishan v. administrator, municipal committee. ludhiana : [1964]2scr273 . in that case their lordships were called upon to consider the provisions of the punjab municipal act, 1911. under section 86 of that act the liability of any person to be taxed could not be questioned ..... in any manner or by any authority other than that provided in the act. it was contended that the act was a self-contained code conferring ..... , even if its order is expressly or by necessary implication, made final, if the said tribunal abuses its powers or does not act under the act but in violation of its provisions.' 6. the same view has been reiterated by the supreme court in two subsequent cases reported in ..... decision of the appellate authority had been made final under section 88. since the appellant did not choose to pursue the remedy provided under the act the civil court had no jurisdiction to entertain the suit. 3. on behalf of the respondent reliance was placed on the case of cantonment board ..... modifying an order in respect of any valuation or assessment, or liability to assessment or taxation, shall be final. the argument was that the act had prescribed the procedure for making objections against the assessment; that upon the dismissal of thoseobjections the assessee had been given a right of appeal .....

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Mar 08 1965 (HC)

Ramsingh Gangaram Vs. State of M.P. Through Chief Secretary

Court : Madhya Pradesh

Decided on : Mar-08-1965

Reported in : AIR1966MP24; 1965MPLJ716

..... by the special statute, and it cannot approach the civil court except when the special tribunal is found to be acting without jurisdiction or in excess of jurisdiction by exceeding the statutory limits. in that case, section 84 of the punjab municipal act, 1911 provided for an appeal against an order about levy of terminal tax on salt: and therefore. their lordships laid down ..... be ousted. in such an event, the civil court would be able to grant a declaration of status of the person concerned.25. in firm radha kishan v. administrator municipal committee. ludhiana, air 1963 sc 1547. their lordships of the supreme court laid down that although under section 9 of the civil procedure code the civil court would have jurisdiction to try ..... 1962 sc 547. their lordships of the supreme court laid down that having regard to the beneficent object which the legislature had in view in passing the orissa tenants protection act, 1948 its material provisions ought to be liberally construed. the legislature intended that the disputes contempleated bythe provisions should be tried not by ordinary civil courts, but by ..... the parties. it is, therefore, necessary lo ascertain whether the civil court had jurisdiction to entertain the present suit; and whether the special tribunals, namely the revenue courts acted without jurisdiction or in excess of the statutory provisions. it is first necessary to determine the powers of the civil court to interfere with decisions of special tribunals, particularly with .....

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