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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1966 Page 6 of about 77 results (0.090 seconds)

Sep 16 1966 (HC)

Nagabhushanam Vs. Ankam Ankaiah and ors.

Court : Andhra Pradesh

Decided on : Sep-16-1966

Reported in : AIR1968AP74

..... the constitution on the same facts and the same cause of action are concerned, the rule of res judicata has been applied in radha-shyam v. patna municipal corporation, : air1956pat182 . also see in this connection, the decision of the supreme court in godavari parulekar v. state of bombay, : 1953crilj508 . so ..... parties have not been impleaded in the petition against which the appeal is preferred. mr. suryanarayana invited our attention to a decision of the punjab high court in mool raj v. anjuman imdad bahmi bafindgan, , and contended that successive applications for certiorari or mandamus on the same facts ..... the consideration of other factors like the adverse entries relating to the public carriers might be germane and relevant under section 47 of the act, nevertheless, the adverse entries in the history sheet of a public carrier of the applicant cannot be brought into play under the impugned rule ..... the grant of permit for the two categories of transport vehicles is governed by separate conditions. history sheet is not defined anywhere in the act or the rules and the history sheet referred to in the impugned rule undoubtedly relates to an applicant and not to a vehicle or ..... the interests of the public generally and hence germane in considering an applicationfor a stage carriage permit under section 47(1)(a) of the act. mr. ramachandrarao also invited our attention to the two different types of forms prescribed for application for stage carriages and other transport vehicles to .....

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Sep 29 1966 (HC)

Sakunthalammal Vs. Chandrasekar Reddiar and ors.

Court : Chennai

Decided on : Sep-29-1966

Reported in : AIR1968Mad195

..... in ejectment. in md. hussain v. secretary of state, air 1939 lah 330, while holding that the transfer of property act was not in force in punjab and that its technical provisions like section 114-a do not apply to that province, it was further observed that the ..... forfeiture on the ground of disclaimer of title with reference to a transaction prior to the coming into operation of the transfer of property act, chagla c. j. who delivered the judgment points out, that their lordships of the judicial committee referring to section 111 observed that ..... of his contention that section 114-a must be read as having retrospective operation and there was nothing in section 63 of the amending act showing different intention, learned counsel referred to the decision in quilter v. mapleson, (1882) 9 qbd 672. that was a case where ..... been replaced by the law of property act 1925 and section 114-a of our transfer of property act follows the provisions of section 146 of the law of property act of 1925.(9) learned counsel submitted that in a later case mohd. amir v. municipal board, sitapur, : the supreme court ..... hastaken the view that section 111(g) embodies principles in consonance with justice, equity and good conscience, and this rule should be applied notwithstanding the observations in . having gone through both the decisions carefully, i find no such departure in from the principles enunciated inas contended. in the provisions of transfer ofproperty act .....

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Mar 10 1966 (SC)

Ram Chand and Sons Sugar Mills Pvt. Ltd. Vs. Kanhaya Lal Bhargava and ...

Court : Supreme Court of India

Decided on : Mar-10-1966

Reported in : AIR1966SC1899; 1967(0)BLJR59; [1967]37CompCas42(SC); [1966]3SCR856

..... acts and not the company. if it was established that the company was guilty of abuse of the process of the court by ..... the company. it is not necessary in this case to define the exact relationship of a director qua the company. the acts of the directors within the powers conferred on them may be binding on the company. but their acts outside the said powers will not bind the company. it is not possible to hold that the director in refusing to respond ..... subba rao, j. 1. this appeal by special leave is directed against the order of the punjab high court confirming that of the subordinate judge, delhi, striking out the defence of the appellant under section 151 of the code of civil procedure, hereinafter called the code. 2. ..... to the notice given by the court was acting within the scope of the powers conferred on him. he is only liable for his .....

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Nov 23 1966 (HC)

Sovachand Mulchand Vs. the Collector of Central Excise and Land Custom ...

Court : Kolkata

Decided on : Nov-23-1966

Reported in : AIR1968Cal174,71CWN700

..... the judgment in : air1964sc1451 was not a judgment directly on section 167(8) and section 182 of the sea customs act.57. there is one other aspect of this matter. in municipal council, khurai v. kamal kumar : [1965]2scr653 , it has been observed that the high court would not ordinarily ..... v. fernando, 1960 (1) wlr 223; russell v. duke of norfolk, (1949) 1 all er 109 at p. 118; board of education v. rice, 1911 ac 179 at p. 182; local govt. board v. arlidge, 1915 ac '20 at pp. 132, 133; byrne v. kinematograph renters society ltd.. (1958 ..... j.) held that the customs authorities in levying additional duly and imposing fine for misdescription of roods under the provisions of the sea customs act, 1878, act in a judicial or quasi judicial capacity. the appellate court said that the customs authorities were required to follow the elementary rules of natural ..... it was held that in holding his proceedings under the sea customs act. the collector acts judicially, vide : 1983ecr1667d(sc) and leo roy frey v. supdt. district jail, amritsar : 1958crilj260 . similarly, in thomas dana v. state of punjab : 1959crilj392 this court has observed that the collector and other officers ..... in the hierarchy mentioned by the sea customs act may have to act judicially in the sense of having to consider evidence and hear arguments in an informal way .....

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Jul 18 1966 (HC)

Ruttonjee and Company Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Jul-18-1966

Reported in : AIR1967Cal450

..... 1 all er 112 (116, 120, 122) ga; guruswami v. state of mysore, : [1955]1scr305 ; srinivasa v. state of mysore, : [1960]2scr130 ; state of punjab v. hari krishna (1965) sc (ca) 763 of 1963 da 9-12-1965 (unreported) (now reported in : [1966]2scr982 .36. secondly, it has been urged that the ..... statutory authority cannot adopt a procedure other than that provided by the rules for the situation before the authority vide gandhara transport co. v. state of punjab, : air1964sc1245 .19. ii. the next question for my determination is whether the state government has jurisdiction, under the law, to make the impugned ..... according to law, if it is established that it has not been determined according to the provisions laid down in these rules or the act. r. v. metropolitan police commr., (1911) 2 kb 1131 (c. a.); prescott v. birmingham corporation, (1954) 3 all er 698 (707-8) c. a.9. ..... consider an application or the relevant statutory provisions are contravened in the exercise of his discretionary power, mandamus will issue to command that authority to proceed according to law; (1911) 2 kb 1131 (1138, 1140); r. v. bowman , (1898) 1 qb 663 (666; 668); r. v. gotham, (1898) 1 qb 802 ( ..... and the orders of the provincial government, the collectors are charged with the collection of the abkari revenue, and with the carrying out of the provisions of this act. . . .'section 14(1) then provides :--'save as hereinafter otherwise provided (a) no intoxicant shall be manufactured.. . . . except under the authority .....

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Sep 27 1966 (HC)

Kartick Chandra Nandi Vs. West Bengal Small Industries Corporation Ltd ...

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 .....

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Feb 04 1966 (HC)

Kalipada Banerjee Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Feb-04-1966

Reported in : AIR1966Cal480

..... by the appellant in an application under article 226 of the constitution was discharged.2. the appellant runs a soorki mill, saw mill etc. at municipal holding no. 16, chatubabu's ghat lane, measuring more or less 212 1/4 acre, in the district of howrah. a notice under section 4 ..... of the notification under section 4 of the act. mr. dutt next relied upon a decision of the supreme court in sm. hira devi v. district board, shahjanpur : [1952]1scr1122 . the ..... of the intention to contribute out of the public funds was in fact made before publication of the declaration under section 6(1) of the act. this decision is no authority for the proposition that the decision to contribute out of the public funds must be taken and expressed before publication ..... publication of the notification under section 4, which, therefore, must be struck down. mr. dutt further argued that the declaration under section 6 of the act could not be assailed, as a decision to pay part of the expenses out of public funds was taken before publication of the declaration. but, he ..... referred to the decision of the supreme court in smt. somawanti v. state of punjab : [1963]2scr774 and contended that in that case the notification under section 4 of the act was dated august 25, 1961 and the government of punjab sanctioned a sum of rs. 100 for the expenses of acquisition on september 29, .....

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May 11 1966 (HC)

Commissioner of Income-tax (Central), Calcutta Vs. Anwar Ali

Court : Kolkata

Decided on : May-11-1966

Reported in : AIR1968Cal345,[1967]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 .....

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Nov 01 1966 (HC)

Sports Corner Vs. Punjab State and ors.

Court : Punjab and Haryana

Decided on : Nov-01-1966

Reported in : AIR1968P& H76

..... court should keep in mind in seeking to exercise its jurisdiction under article 226 but the decision of the supreme court cited earlier, namely rashid ahmed v. municipal board, kairana, air 1950 sc 163; (1950 scr 566), shows that the availability of other remedies creates no legal bar to the court exercising the ..... the effect that the tenders would be regarded as constituting offers open to acceptance in whole or in part at the discretion of the controller of stores, punjab, till august 15, 1966. it is significant to notice that the said invitation to tender admittedly did not specify the name, particulars, designation or address ..... matters governed by articles 162 and/or 298 of the constitution, but also the carrying of the same into execution. in ham jawaya v. state of punjab, air 1955 sc .549, it was held that the carrying on of the business of printing and publishing text books, could not be said to ..... on account of the stay order.2. the petition has been contested on behalf of the respondents and an affidavit of paramjit singh, controller of stores, punjab, chandigarh, has been filed as return of respondents nos. 1 to 4 in reply to the rule issued by this court. material facts admitted by ..... alternative remedy by way of suit to claim relief sought from this court. his plea is that in the absence of any statutory provisions like the act of a competent legislature or statutory rules, it is open to the state government in exercise of its executive functions to enter into contract for .....

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Feb 23 1966 (HC)

Chiranji Lal and Bros. Vs. the State of Delhi

Court : Punjab and Haryana

Decided on : Feb-23-1966

Reported in : [1966]18STC240(P& H)

..... take much longer. 6. high courts have attempted to resolve this difficulty in various ways. in muhammad hayat haji muhammad sardar v. commissioner of income-tax, punjab and n.w.f.p. a.i.r. 1929 lah. 170 a division bench of the lahore high court decided that in computing the period of ..... what is described technically as an appeal as also the common law writs of error.' again in secretary of state v. british india steam navigation co. (1911) 9 ind. cas. 183 a division bench of the calcutta high court declined to accept the contention that a narrow interpretation should be placed on the ..... to review, revise, affirm, reverse or modify the decision of an inferior court. what then can be a justification for saying that 'revision' in the said act is used in its narrow technical sense as comprehending something other than 'appeal' i think, the answer must be in the negative. in subramania pillai v. ..... petition under the said provision, namely, section 73, should be regarded as being comprehended within the term 'appeal' occurring in section 12(2) of the limitation act. reliance was placed on a full bench decision reported as chidambara v. rama a.i.r. 1937 mad. 385.8. now i proceed to consider some ..... but still the time requisite for obtaining such copy was not to be excluded in computing the period of limitation. 3. rule 62 of the said act requires that the memorandum of appeal shall be accompanied by a certified copy of the order appealed against. rule 66(1) makes the provisions of rule .....

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