Court : Madhya Pradesh
Decided on : Oct-13-1966
Reported in : AIR1967MP268
..... list-ii of the seventh schedule, the state legislature having delegated by the m.p. municipal corporation act. 1956, and the m.p. municipalities act, 1961, the power to impose tax on lands and buildings in favour of the municipal corporations and municipalities, and further the local authorities have already imposed a tax on lands and buildings in ..... against any legislative provision stands suspended by the declaration of emergency by the president under article 352 of the constitution --see makhan singh v. state of punjab, air 1964 sc 381. as entry 49 of list ii is not so worded as to suggest that a tax imposed by virtue of that entry ..... lands and buildings. it was held by the federal court that in substance the property-tax levied by the punjab act fell within item 42 of list-ii of schedule-vii of the government of india act, 1935, and was not a tax on income falling within item-54 of the federal list. the ..... levied by the punjab urban immovable properly tax act, 1940, was a tax on income the punjab tax had also, as its basis, the annual value of the ..... value of the assets.6. the question of the nature of the property-tax imposed by the impugned act is really concluded by the decision of the federal court in ralla ram v. province of east punjab. air 1949 fc 81. in that case, the question arose whether the urban immovable property tax .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-04-1966
Reported in : AIR1967SC773; (1967)69PLR80; 2SCR50
..... ii) whatever may be the purpose for which the landlord required the land for his own use. the appellate authority followed the decision of the punjab high court in municipal committee, abohar v. daulat ram. i.l.r.  punj 1131. the other points raised in the appeal were also decided in ..... increase in rents and from harassment by eviction consequent on the increase of population and the division of the punjab in 1947 and large movement of population in consequence thereof. the act deals with buildings - residential and non-residential - and also with rented land. in the present appeal we are ..... purpose of his business any other such rented land, and (c) he has not vacated such rented land without sufficient cause after the commencement this act, in the urban area concerned.' 6. the contention of the respondent-landlord which has found favour with the high court is that this provision applies ..... areas and eviction of tenants. the act thus is a piece of ameliorative legislation in the interests of tenants of premises in urban areas, so that they may be protected against large ..... authority and dismissed the revision. thereupon the appellant obtained special leave, and that is how the matter has come up before us. 5. the act was passed in 1949, and the purpose of the legislation was to restrict the increase of rent of certain premises situate within the limits of urban .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-21-1966
Reported in : (1966)0GLR1024; (1966)IILLJ779Guj
..... under s. 4 of the east punjab local authorities (restriction of functions) act, to discharge the duties of the water-works department of a municipal committee. in that case, their lordships proceeded to answer the question by considering whether the person concerned ..... union or a state. mentioned in art. 311. 16. there have been a number of cases on the question as to whether a panchayat or a municipal servant is or is not entitled to the protection of art. 311. the case in r. srinivasan v. president, district board, coimbatore [1958 - i ..... that the post must be a civil post in contra-distinction to a military post. the constitution-makers have not made distinction between a municipal or a panchayat post and a civil post. if a post is created for exercise of powers or performance of duties which are ordinarily exercisable ..... person holding the post is discharging the functions of the state. in support of this argument, sri sompura relies upon the decision in state of punjab and others v. prem prakash and others [a.i.r. 1957 punj. 219]. that was the case of a person appointed by the government ..... was a municipal officer or a government officer. they said that, prima facie, a municipal officer was a person .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-13-1966
..... restoration of the earnest money in any comparable circumstances with the present case. in ram labhaya v. municipal committee, amritsar, , a bench decision of the punjab high court, on which shri hardy has placed considerable reliance, it has been observed that article 62 of the limitation act would be applicable, where agreement was void in its inception, the terminus a quo being the ..... 7 of 1947 was enforced on 1-12-1947 replacing the earlier ordinance which had been enforced on 9-8-1947 and the west punjab act 7 of 1948 was enforced in february 1948. it is observed that the prohibition whereby the sale of evacuee property in question was made void came into force long before ..... chopra that limitation in this case was extended by virtue of section 36(a) displaced persons (debts adjustment) act. it is however conceded that he can take advantage of this provision only, if the west punjab ordinance 7 of 1947 and its successor west punjab act 7 of 1948 are ignored or if 23-12-1947, when the custodian of evacuee property in pakistan ..... of the provisions of section 36(a) of the displaced persons (debts adjustment) act, 1951, the limitation was extended by one year from the commencement of the said act, viz. 10th december, 1952. the petitioner's claim is, therefore, within time.'the matter was taken on appeal to the punjab high court by both sides, the vendee claiming the sum of rs.30 .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-21-1966
Reported in : AIR1967Guj92
..... be satisfied, it is necessary that the post must be a civil post in contra-distinction to a military post. the constitution makers have not made distinction between a municipal or a panchayat post and a civil post. if a post is created for exercise of powers or performance of duties which are ordinarily exercisable or performable by the ..... the question by considering whether the person concerned was a municipal officer or government officer. they said that prima facie a ..... , mr. sompura relies upon the decision in state of punjab v. prem prakash, air 1957 punj 219. that was the case of a person appointed by the government under s. 4 of the east punjab local authorities (restriction of functions) act, to discharge the duties of the water works department of a municipal committee. in that case, their lordships proceeded to answer ..... municipal officer was a person whose duties and functions related exclusively to the local affairs of the municipality as .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-1966
Reported in : 1967CriLJ1295
..... the ground that the book manual of planers showed that the commissioner had authorised the head clerk, central office, to certify copies of the municipal records as true copies for purposes of producing them as evidence in courts of law.but this apart, the learned additional sessions judge also ..... of' all those who are concerned with the enforcement of this law. on a number to occasions, similar views have been expressed by the punjab high court buth in delhi and m chandigarh against this evil. it is hoped that law relating to prevention of food adulteration would be enforced ..... could nto be described as independent persons. reliance for the submission that they must be independent persons is placed on a bench decision of the punjab high court in state v. sadhu singh . the facts of the reported case were, however, materially different and the true ratio of that ..... it is submitted that exhibit p. h., a copy of the resolution authorising the assistant municipal prosecutor under section 20 of the prevention of food adulteration act to institute and conduct prosecution under the said act has nto been attested by the legal keeper of records as required by section 78(5) ..... were nto independent persons and, thereforee, the proceedings are vitiated. for this submission, reliance is placed on section 10(7) of the prevention of food adulteration act. this provision, before its amendment in 1964, was in the following terms:10. powers of food inspectors - * * ****(7) where the food inspector takes .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-23-1966
Reported in : AIR1967SC970; 1967CriLJ939; 1967MhLJ737(SC); (1967)69PLR300; 2SCR116
..... until after the prosecution was launched, nor did the subsequent report have the effect of completely superseding the earlier report of the analyst. 11. in municipal corporation, gwalior v. kishan swaroop : air1965mp180 , it was held that, where there was delay in launching the prosecution, it deprived the accused of ..... , and holds a licence from running his shop in defence colony in new delhi. on september 20, 1961, the food inspector of the municipal corporation of delhi visited the shop of the respondent and took a sample of curd of cow's milk for the purpose of testing whether ..... below the prescribed standard, the respondent was prosecuted for committing an offence under section 16 of the act for contravening section 7 of the act. the complaint was filed before the magistrate on behalf of the appellant, municipal corporation of delhi, on may 23, 1962. on october 4, 1963, the respondent applied ..... accepted by the magistrate, and the respondent was acquitted. the appellant filed an appeal against this order of acquittal before the delhi bench of the punjab high court, but that court upheld the order of the magistrate. the appellant has now come up to this court, by special leave, against ..... the respondent was that the appellant instituted the prosecution of the respondent on may 23, 1962, and consequently, under s. 13(2) of the act, the right accrued to the respondent to have the sample sent for analysis only thereafter. section 13(2) specifically mentions that the accused vendor may .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-27-1966
Reported in : AIR1967Cal231
..... legislature of the union and a state, though in a limited way, inasmuch as a local authority, such as a municipality, exercises governmental powers within a local area and also legislative powers, though of a subordinate nature, within the limits imposed by the statute which ..... and legislature of the union or a state or a local authority, such as a municipality and like bodies which come within the definition of the expression 'local authority' in section 3(31) of the general clauses act, 1897, which has been imported to interprete the expression 'local authority' in article ..... creates the municipality.13. the residuary expression other authorities' comes after 'local authorities'. it is to be noted that the word 'authority' is common ..... publications to appreciate the change in the legal position which has come into existence after the formation of the company registered under the companies act and the transference of the business from the government department to that company. in fact, the very object of the government in constituting ..... 12 (cf. sarangapani v. madras port trust, : air1961mad234 ; kishan singh v. state of punjab, (3) (fb)). though there has been some controversy as to whether .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-04-1966
Reported in : AIR1967Raj151
..... plea that the defendant did not have a proper opportunity to lead his evidence.7. the learned counsel invited my attention to a.c. mukerji v. municipal board, benaras, air 1924 all 467, and sri krishna chandra gajpati narayan deo v. k. hanumantha rao, air 1950 orissa 241 for showing that disregard ..... only on the plea that all the transactions were within the knowledge of his constituent.i respectfully agree with the view taken in the east punjab case. as already noticed on the basis of the observations in air 1948 nag 173 when the system of pucca adatiya has travelled into other ..... learned district judge the learned counsel for the appellant has submitted that the learned judge was in error in applying article 89 of the limitation act to the case. according to the learned counsel the proper article that could be attracted in the facts and the circumstances of the case was ..... there was nothing to prevent him from ignoring any neglect or misconduct of the defendant. since article 90 of the first schedule to the limitation act governs the 'other suits' by principals against agents for neglect or misconduct, it is a residuary article with regard to actions between principal and agent ..... the learned district judge applied himself pointedly was whether in the circumstances the case was governed by article 89 or by 90 of the limitation act.as considerable arguments had been directed at the reasoning of the learned district judge i find it convenient to state the reasons that prevailed with .....Tag this Judgment!
Court : Delhi
Decided on : Dec-20-1966
Reported in : AIR1967Delhi54
..... of the writ petition.(2) the petitioner has alleged in his writ petition that he had inherited in 1927 from his late father shri shaddi ram property bearing municipal (old) no. 304 and (new). no.1051 situated in gali hiranand, maliwara, wrd no.5 delhi, which had been acquired by his father by purchase ..... lal, assistant custodian, in room no. 58, gallery no. 4, jamnagar house, new delhi, for proceedings under section 48 of the administration of evacuee property act. this long date has been given on the request of the petitioner's learned counsel.merely because the petitioner is nto responding to his counsel's communication is ..... document on behalf of the respondents in the arguments.reference has been made by shri shanker to a bench decision of the punjab high court, in amar nath v. deputy custodian general, punjab in which it is mentioned that the purpose of amending section 48 by providing machinery for decision of questions of sums being ..... he is representing the client in the course of his professional engagement. in the present case, the petitioner's advocate also seems to be authorised to act on his behalf. in these circumstances, the consequences of the petitioner's non appearance under the law would obviously follow. article 226 does nto seem to ..... order(1) this petition under article 226 and 227 of the constitution was admitted by a bench of the punjab high court on circuit on 6-3-1959 and the petitioner was released on bail on furnishing security for appearance before the revenue .....Tag this Judgment!