Skip to content


Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1971 Page 6 of about 125 results (0.102 seconds)

Apr 12 1971 (HC)

Ranchhoddas Shamji Khirani and anr. Vs. Balwant Kaur Malik

Court : Delhi

Decided on : Apr-12-1971

Reported in : AIR1971Delhi249; [1971]41CompCas720(Delhi)

..... which are prayed for in cls. (a) and (b) quoted above, was livable under section 7(iv)(c) of the court-fees act as amended by the aforesaid punjab act. it directed that the petitioner:-'shall amend their plaint and shall affix the value of the shares given in schedule `a' and pay the ..... why there cannot be any intelligence differentia on this basis. the decisions of the andhra pradesh high court reported in : air1959ap271 in re: manyamma v. municipal commr., hyderabad which is relied upon is really destructive of the argument of the respondent because it has been stated that the quantum of court-fee is ..... (a) and (b) in the plaint at rs.200/- would be unexceptionable and court-fee would be payable on this amount. but, the punjab court-fee (amendment) act, 1953, which has been extended to delhi has added a second proviso to section 7(iv)(c) which reads:-'provided further that in suits coming under ..... provided by clause (v) of section 7. intention is not always a safe guide to construe a statue. even assuming that the draftsman of the punjab proviso had before him the model of the madras proviso it could equally be a case of omission in not using the word 'immovable'. in our ..... in the manner provided for by para (v) of the section'it is contended that the madras legislature had used the word 'immovable property' while the punjab legislature has used the word 'property' thereby disclosing a clear intention that suits under section 7(iv)(c) with reference to any property, whether moveable or .....

Tag this Judgment!

Nov 19 1971 (HC)

Chanan Lal Vs. State

Court : Delhi

Decided on : Nov-19-1971

Reported in : ILR1972Delhi530

..... but also to launch the prosecution as quickly as the circumstances ordinarily permit. the supreme court was of the opinion that it is possible for the municipal corporation of delhi to institute the prosecution within 17 days of the taking of the sample, if this was done in this case, then, ..... been frustrated by the conduct of the prosecution and so he is entitled to acquittal. in this connection he relies on the decision of the supreme court in municipal corporation of delhi v. ghisa ram. : 1967crilj939 . 'the applicationsupreme court in ghisa ram's case observed thus : 'it appears to us that when ..... narang, public analyst, haryana. the statement of both the witnesses was recorded by me.(7) shri p. p. bhatnagar is the public analyst of the municipal corporation of delhi. he is a graduate in science with chemistry as one of the subjects and entered service in the year 1952 as a chemist. he ..... will remain fit for analysis after formalin has been added to it.(8) dr. b. d. narang is an m.sc.(hons.) in chemistry from punjab university and ph. d. in chemistry from university of taxas (u.s.a.). he has been in the field of food analysis for about 28 years ..... the sample was adulterated due to 29.8 deficiency in milk fat percent of the dry matter. the delhi municipal corporation, thereafter, lodged a complaint under section 7/16 of the prevention of food adulteration act against the petitioner.(3) the defense of the petitioner, as disclosed in his statement under section 342 criminal procedure code .....

Tag this Judgment!

Feb 22 1971 (SC)

Jayantilal Amrathlal Vs. the Union of India (Uoi)

Court : Supreme Court of India

Decided on : Feb-22-1971

Reported in : AIR1971SC1193; (1972)4SCC174; 1971(III)LC384(SC)

..... the absence of a saving clause in a new enactment preserving the rights and liabilities under the repealed law is neither material nor decisive of the question see state of punjab v. mohar singh 0043/1954 : 1955crilj254 and t.s. baliah v. income-tax officer, central circle vi, madras : [1969]72itr787(sc) .9. for the reasons mentioned above we agree with ..... time prescribed by the 'rules'. possession of primary gold thereafter exceeding the prescribed limit was an offence. that period had expired long before the gold (control) act, 1968 came into force. hence the gold (control) act naturally did not make any provision for a declaration of the possession of primary gold. in view of that circumstance it was urged on behalf of ..... the 'rules' relating to forfeiture are not inconsistent with any of the provisions of the gold (control) ordinance, 1968.6. on august 24, 1968, the parliament passed the gold (control) act, 1968. the same received the assent of the president on september 1, 1968 and came into force on and from that date. by section 116(1) of that ..... act gold (control) ordinance, 1968 was repealed. section 116(2) provided :notwithstanding such repeal, anything done or any action taken including any notification, order or appointment made, direction given, notice, licence .....

Tag this Judgment!

Aug 26 1971 (HC)

Commissioner of Income-tax Vs. Jai Hind Picture Co. (P.) Ltd.

Court : Punjab and Haryana

Decided on : Aug-26-1971

Reported in : [1973]87ITR218(P& H)

..... the question, it will be appropriate to refer to the provisions of the punjab urban immovable property tax act, 1940. section 2(c) defines an owner and is in the following terms:' ' owner' includes a tenant in perpetuity, a mortgagee with ..... bench, has referred the following question of law for our opinion :' on the facts and circumstances of the case, whether the property tax levied by the punjab government was admissible as a deduction ?'2. the assessee is a private limited company. it derives its income from exhibition of motion pictures. two cinema ..... commissioner held that the property tax was not admissible deduction under section 10(2)(ix) of the income-tax act, 1922, as it was not covered by the expression ' land revenue, local rates or municipal taxes'. it was further held that these amounts could not be allowed as permissible deduction under section 10( ..... comprehend payment of statutory dues and taxes imposed as a pre-condition to commence or for carrying on of a business; it may comprehend many other acts incidental to the carrying on of a business. however wide the meaning of the expression may be, its limits are implicit in it. the purpose ..... should be allowed as a deduction in both these years.'4. on the application of the department under section 256(1) of the income-tax act, 1961, the question already set out in the opening part of this order has been referred for our opinion.5. before we proceed to answer .....

Tag this Judgment!

Aug 26 1971 (HC)

Balkesh and anr. Vs. Shanti Devi and ors.

Court : Punjab and Haryana

Decided on : Aug-26-1971

Reported in : AIR1972P& H197

..... petition under section 15(5) of the east punjab urban rent restriction act, 1949, (hereinafter referred to as the act) are these. the petitioners own a building situated within the municipal limits of ludhiana city which was in the occupation of hira nand as a tenant. on an application made under section 13 of the act by them the controller ordered eviction of hira nand ..... introduce therein an additional plea to the effect that the proceedings for his ejectment were incompetent for the reason that no notice under section 106 of the transfer of property act had been served on him. that application was dismissed and hira nand came up in revision to this court against the dismissal thereof. before the matter was heard on the ..... that ever since 1947 the tenancy held by hira nand was not a contractual but a statutory tenancy to which the provision of section 106 of the transfer of property act had no application. the proceedings in the appeal were then continued before the appellate authority who overruled an objection taken by the petitioners that the appeal had abated in as ..... rent and mesne profits against behari lal, a statutory tenant trivedi, j., held that the bar enacted in section 3 of the u. p. (temporary) control of rent and eviction act, 1947, merely prohibited the filing of certain suits and not the determining of tenancies. he found that the tenancy of behari lal, the tenant in the case, was validly determined .....

Tag this Judgment!

Oct 12 1971 (HC)

Commissioner of Income-tax Vs. Arjan Singh

Court : Punjab and Haryana

Decided on : Oct-12-1971

Reported in : [1973]87ITR494(P& H)

..... will be found in appendix xv, in which have also been embodied instructions issued by the government of india regarding the assessment of land in municipalities.'it is, therefore, clear that lands in military cantonments would not be assessable to land revenue unless there is a special order therefor.6. in ..... cultivation of the-said land, can that agricultural income be taken as a non-agricultural income of the lessee and hence taxable under income-tax act because the land is exempt from the payment of land revenue and hence not assessed to land revenue. or take another set of circumstances. supposing ..... once an agricultural land assessed to land revenue has ceased to be so because it has been granted exemption from the operation of the land revenue act of the state'. exemption follows assessment. once a land is assessed to land revenue, it is a land assessed to land revenue and the ..... agricultural income. the contention is that the requirements of section 2(1)(a), which is in the following terms, are not satisfied :' 2. in this act, unless the context otherwise requires,--(1) ' agricultural income''means- (a) any rent or revenue derived from land which is used for agricultural purposes and is ..... of rs. 21,000 from each of the assessees' total income. the department being dissatisfiedmoved an application under section 256(1) of the income-tax act, 1961, to the tribunal and the tribunal has stated the following question of law for our opinion in the case of both the assessees:' whether, .....

Tag this Judgment!

Mar 10 1971 (HC)

Controller of Estate Duty Vs. Jai Gopal Mehra

Court : Punjab and Haryana

Decided on : Mar-10-1971

Reported in : [1972]85ITR175(P& H)

..... document recited that the donees had accepted the gift and they had been putin possession. but, the parents continued to be in possession of the house,though, the municipal tax was paid thereafter in the names of the sons.dr. c. f. da costa died on september 30, 1959, more than four years afterthe gift. ..... of the respondent that the transaction of relinquishment of right did not amount to a disposition or a gift and consequently section 9 of the estate duty act did not apply. reliance was placed on a judgment of the madras high court in commissioner of gift-tax v. n.s. getti chettiar. the ..... larger bench so as to decide whether ronaq ram bakshi ram gupta's case was correctly decided. on the language of section 10 of the estate duty act, it is possible to take the view propounded on behalf of the respondent, particularly in view of the addition of the second proviso to section 10 ..... taken by the donees. before the decision of their lordships of the supreme court, a second proviso had been added to section 10 of the estate duty act, 1953, reading as under:'provided further that a house or part thereof taken under any gift made to the spouse, son, daughter, brother or sister, ..... gandhi road, bangalore, was correctly included in the estate of the deceased as property passing or deemed to pass on the death under section 10 of the act?'3. the high court answered the question in the affirmative holding that the accountable persons were liable to pay estate duty with regard to the house. an .....

Tag this Judgment!

Dec 20 1971 (HC)

Mohinder Singh Vs. State

Court : Delhi

Decided on : Dec-20-1971

Reported in : ILR1972Delhi788

..... therein can be accepted as true. in this connection reliance was placed on a decision of the supreme court in sarwan singh rattan singh v. state of punjab : 1957crilj1014 where it was said by gajendragadkar j. (as he then was) that even if the confession is held to be voluntary it must also be ..... fact that the appellant had enmity with the deceased. learned trial judge referred to the observations of lord atkinson in rex v. william henry bull etc. (1911 appeal cases 47 at page 68). we may not be prepared to go to the length to which lord atkinson is reported to have, gone in that ..... admissible in evidence. (50) learned counsel then argued that in any event, the discovery of the shop may be admissible under section 27 of the evidence act but the discovery of the cash memo and the sale register produced by kirpal singh (public witness 5) is not admissible as the appellant did not point ..... v. state of uttar pradesh : [1963]2scr881 . the material fact of pointing out the shop is thereforee a statement admissible under section 27 of the evidence act. the disclosure and discovery memos (exs. public witness i/f and e.xs. public witness i./g) have been duly proved by the evidence of amolak singh ..... . if there is no record of that fact, it is the duty of the sessions judge before holding confession relevant under section 24 of the evidence act to send for the magistrate and satisfy himself on the point. the questions put to the appellant by the magistrate established how long. he had been in .....

Tag this Judgment!

Jul 26 1971 (HC)

Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Decided on : Jul-26-1971

Reported in : AIR1973MP191; (1972)IILLJ611MP

..... but as regards the general court martial and a court of inquiry conducting preliminary investigation, the difference is that before the general court-martial an accused as in any other municipal criminal court would be expected to remain present and for his absence, he can certainly be arrested. but as regards a court of inquiry is concerned, the ranks would ..... that the petitioner has been awarded the sentence already mentioned.41. apropos the allegation of capt dalai, a court of inquiry had been constituted. lt. col. bhullar of the punjab regiment was that court, and was to record a summary of evidence. already the petitioner had made allegations questioning the impartiality of lt. col. bhuller, and whatever the merits ..... in the nature of mandamus, certiorari etc., including any orders or direction to any person or authority, including the government. therefore, a court-martial constituted under the army act can certainly be said to be an authority contemplated under article 226 of the constitution of india. this would dispose of the preliminary objection raised on behalf of the respondents ..... co 7, wherein the learned judge held that ordinarily the civil court would have no power to interfere with the administration of military law by the properly constituted tribunals acting within their jurisdiction. therefore, the matters which are placed within the jurisdiction of military tribunals or authorities constituted under the military law must be determined by such authorities themselves .....

Tag this Judgment!

Jan 06 1971 (HC)

Raghunath Vs. Sushil Kumar

Court : Delhi

Decided on : Jan-06-1971

Reported in : AIR1972Delhi33

..... not contended and it could not have been contended on behalf of the petitioner that the land under the shop does not belong to the municipal committee. to such land the notification mentioned in paragraph 7 of the impugned appellate judgment would by applecable. the virus of the notification is ..... as such. ex. pa does not mention the purpose of letting. the property described therein is however, clearly 200sq. yards of land belonging to the municipal committee, nahan. the learned counsel for the petitioner has referred me to : [1967]2scr50 (after singh v. inder kumar) in order to support ..... /1. a significant condition of the lease was that the present petitioner agreed to give the vacant possession of the land back to the municipal committee on being served with a month's notice. he was to pay rent only against written receipt and no oral plea that he ..... not impugned before me. according to that notification the provisions of the act have been expressly made inapplicable to the land owned by a municipal committee.6. the present case bears sufficient similarity to the one reported in (1970) 72 pun lr 431 ( ..... punjab urban rent restriction act, 1949 (act iii of 1949) hereinafter referred to as the act, which was made applecable to himachal pradesh, is concerned with two hundred square yards of land taken on lease by the present petitioner in terms of the document ex. pa. 2. the document was executed on the 2nd of october 1957. the municipal .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //