Court : Andhra Pradesh
Decided on : Dec-27-1966
Reported in : AIR1968AP83; 1968CriLJ294
..... establishments. this regulation does not, for instance, apply to the servants of the public works department, registration department education department, establishments of civil and criminal courts, servants of the municipality, sales tax department, entertainment-tax department, income-tax department, stamps department, betting department or motor vehicles taxation department, etc. all of whom have the power and duty of collecting ..... be achieved by the regulation, it offends the 'equality' provision of article 14. the different classes viz., revenue officials and other officials, such as the sales-tax officers, municipal bill collectors etc., are said to be similar, and there is no justification in discriminating one from the other. it is said all of them have to collect moneys ..... allegation or accusation of actual or suspected or apprehended commission by that person of any offence of a criminal or a quasi-criminal nature or some act prejudicial to the public interests, see state of punjab v. ajaib singh, : 1953crilj180 . in other words, clause (1) has no application where there is no accusation of any criminal or quasi-criminal ..... deals with appeals to the governor in council, was repealed by regulation vii of 1828. section 15 was omitted by section 2 of the madras revenue miscellaneous amendments act, 1936 (act viii of 1936).section 16 deals with suits grounded on proceedings of collector. it says that no suit grounded on the summary proceedings of a collector under this .....Tag this Judgment!
Court : Chennai
Decided on : Jan-20-1966
Reported in : AIR1967Mad57; (1966)2MLJ63
..... analysis of the argument that the interest possessed by a tenant in a lease is certainly "property" for the purpose of act. 19 equally with the interest of the landlords, vide municipal corporation of greater bombay v. pancham. . the learned advocate general has advanced two main contentions on this aspect; after ..... it is difficult even to appreciate the plea of hostile discrimination urged on behalf of messrs. raval and co., who seek to impugns the amending act (act 11 of 1964) on this ground. firstly, the party advancing this plea is a tenant, and it is urged that landlords were subject to ..... art. 254(2) for the validity of the enactment. in the middle group would appear to fall the larger number of the acts particularly an act like bombay act lvii of 1947. here, no doubt, an additional protection is given to statutory tenancies in several ways, but the ordinary machinery of ..... terms, not merely contractual tenancies, during their subsistence, but also to statutory tenancies, after the determination of a contractual tenancy. under the terms of this act, therefore, a landlord can evict a tenant on the special grounds available notwithstanding the subsistence of a contractual tenancy, and even though it has not ..... 13(2) will not be operative. but it is not disputed that act 11 of 1964 was enacted during the emergency and that art. 358 would therefore apply.the supreme court held in makhan singh v. state of punjab, that "the suspension of art. 19 during the pendency of the proclamation .....Tag this Judgment!
Court : Kolkata
Decided on : May-11-1966
Reported in : AIR1968Cal345,65ITR95(Cal)
..... crimes and misdemeanour, but all suits in favour of the state for the recovery of pecuniary penalties for any violation of statutes for the protection of its revenue or other municipal laws, and all judgments for such penalties.'22. the foregoing proposition has been ensured in india by adopting the definition of an 'offence' in section 3(38) of the ..... customs authorities and they must bring home the guilt to the person alleged to have committed a particular offence under the said acts by adducing satisfactory evidence...' 32. similar observations are to be found in gian chand v. state of punjab : 1983(13)elt1365(sc) .33. once it is held that a proceeding is penal or quasi-criminal in character, the following ..... decisions cited in support of the rival contentions establish that the assessment proceedings are not binding on the income-tax authorities in proceedings under section 28 of the income-tax act it is true that materials disclosed in assessment proceedings can be taken into consideration but such materials do not constitute res judicata. the bombay, gujarat and patna decisions are ..... justified in treating the amount as the assessee's income from undisclosed source.3. thereafter the income-tax officer started proceedings under section 28(1)(c) of the income-tax act for imposition of penalty for concealing income and deliberately furnishing inaccurate particulars thereof. the income-tax officer imposed a penalty of rs. 66,000. the appellate assistant commissioner on appeal .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-04-1966
Reported in : [1968(16)FLR219]; (1967)ILLJ132Bom
..... in various branches of the corporation to work as presiding officers.' 3. the request was made under s. 159 of the representation of the people act, 1951. by the same letter the collector requested the municipal commissioner to supply 'an exhaustive list of the maximum number of persons that could be mustered from all the branches of the corporation,' showing their grades ..... of pay, etc. on receipt of the letter the municipal commissioner directed the heads of the different departments to furnish directly to the collector the information asked for by him and the information asked was accordingly furnished. further information such ..... raises an interesting point of considerable importance and the facts out of which it arises may be briefly stated as follows. 2. the petitioner is a local authority, being the municipal corporation of greater bombay and respondents 2 to 144 (hereinafter referred to as the respondents) are clerks employed in its different departments. the last general elections to the state legislative ..... and griffith (liverpool), ltd. 1947 a.c. 1; d. c. dewan mohiddin sahib & sons v. united bidi workers' union, salem 1964 ii l.l.j. 633 and shivnandam sharma v. punjab national bank, ltd. : (1955)illj688sc . 16. sri desai for the respondents on the other hand contended that direct relationship as in a contract of service between the respondents and the .....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 : Punjab and Haryana
Decided on : Mar-14-1966
Reported in : AIR1966P& H502
..... in i my opinion, be interfered with in second appeal.8. i may observe that mr. chadha cited two authorities lakmidas khushal v. bhaiji khushal (1911) ilr 35 bom 317, and buckingham v. daily news, ltd., 1956-2 all e.r. 904, in support of his contention that a judgment is ..... actually disturbed when compensation for such disturbance might be recovered under this chapter:(b) if the disturbance is only threatened or intended when the act threatened or intended must necessarily, if performed, disturb the easement.'as observed on page 701 of basu's law of injunctions, second edition, sections ..... of the plaintiff, though it is not injurious to his health.''35. injunction to restrain disturbance. -- subject to the provisions of the specific relief act, 1877, sections 52 to 57 (both inclusive), an injunction may be granted to restrain the disturbance of an easement--(a) if the easement is ..... easement or of any right accessory thereto; provided that the disturbance has actually caused substantial damage to the plaintiff.explanation i.--the doing of any act likely to injure the plaintiff by affecting the evidence of the the easement, or by materially diminishing the value of the dominant heritage, is ..... respect of that window by the compromise decree dated 5th january, 1937. reference in this connection has been made to section 28 of the easements act and clause (b) contained therein. relevant part of section 28 reads as under:'with respect to the extent of easements and the mode of .....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 : Punjab and Haryana
Decided on : Jan-04-1966
Reported in : AIR1967P& H425
..... tenant could not stay in the way of blocking the improvement scheme or development scheme made by the government or the delhi development authority or the municipal corporation of delhi.7. the learned counsel for the appellant pointed out that section 19, as originally enacted, had been amended by section 10 ..... landlord requires the premises in order to carry out any building work at the instance of the government or the delhi development authority or the municipal corporation of delhi in pursuance of any improvement scheme or development scheme and that such building work cannot be carried out without the premises being ..... or dealt with the premises in a manner contrary to any condition imposed on the landlord by the government or the delhi development authority or the municipal corporation of delhi while giving him a lease of the land on which the premises are situate. sub-section (11) of section 14 provides ..... petition) for eviction of the petitioner-appellant that application (copy annexure r-1) was under sections 14 and 22 of the delhi rent control act, 1958 (act no. 59 of 1958) there is no dispute about the facts, which as found by the learned single judge, are as follows: parvati ..... this court in vishendas v. administrator for the union territory of delhi, air 1963 punjab 492 this was in fact a writ petition by the landlord against the rejection of his application under section 19 of the act by the competent authority, whose order had been maintained in appeal also under section .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-15-1966
Reported in : AIR1967P& H132; 1967CriLJ513
..... him. he urged that the complaint is bad as exhibit p. h., copy of the resolution, authorising shri ganga ram, asstt. municipal prosecutor, to file a complaint under the act has not been properly proved. he states that if the resolution p. h. is found to be proved, the requirements of section ..... at the time of obtaining the sample on 12th december 1962.2. in exercise of the powers of the municipal corporation delegated to him under section 20 of the act shri ganga ram, municipal prosecutor, filed a complaint dated 18-2-1968 against the petitioner. in the said complaint it was specifically noted ..... the petitioner prayed for investigation being made into his complaint as the petitioner was a poor man. the original complaint bears the seal of the municipal corporation of delhi and the initials of the receiving official along with date. it is a matter of regret that the corporation authorities did not ..... immediately after the raid the petitioner sent the written complaint (exhibit d. w 1/c dated 12-12-1962 to the health officer of the municipal corporation which was admittedly received by the office of the corporation on 15th december, 1962. in that application the petitioner had stated that two specimen ..... to be associated for the purposes of satisfying the requirements of section 10(7) of the act. the criticism of mr. bipon behari lal advocate against ram niwas being a stock witness of the municipality for prevention of food adulteration cases may or may not be correct. of course the witness .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-06-1966
Reported in : AIR1966SC1445; 1966MhLJ729(SC); 3SCR198
..... words of art. 133(1) by reference to the history of appeals to the privy council under sections 109 and 110 of the code of civil procedure. in municipal officer, aden v. abdul karim i.l.r. 28 bom. 292. this distinction in fact was made and the provisions of the amended clause(40) of the ..... 248. 4. patni next moved the civil court and the civil court decided that the debt in question was a secured debt for the application of the abolition act. patni appealed to the high court but out of caution filed his statement of claim before the claims officer on january 23, 1958. the ex-proprietors (the ..... for rs. 2,16,309. patni objected that this had ceased to be secured debt or secured claim for the application of s. 17(a) of the abolition act. the objection was taken under s. 21. 3. the claims officer overruled the objection of patni by an order dated november 19, 1951. he held that ..... of the case in which the claims officer had discharged a debt due to the answering respondent. the revenue authorities in such matters act analogously to civil courts, have a duty to act judicially, and pronounce upon the rights of parties. in the present case the claims officer purported to exercise a jurisdiction under which he ..... in a decree it remained a secured debt nevertheless and that as the amount was recoverable on the date of vesting, the provisions of the act were applicable to it. by another order of the same date the claims officer called upon patni to file his statement of claim under s. 22 of .....Tag this Judgment!