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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1971 Page 8 of about 125 results (0.137 seconds)

Sep 07 1971 (SC)

Mohinder Singh Jaggi Vs. Data Ram Jagannath

Court : Supreme Court of India

Decided on : Sep-07-1971

Reported in : AIR1972SC1048; (1972)4SCC495; 1972(4)LC45(SC)

..... any written acknowledgment or document and without securing the pledge of the goods. the trial court further found that the defendant was borrowing money previously from the punjab national bank by pledge of goods, and the hank served a notice on him on july 11, 1957, to deposit rs. 14,000/-within 18 ..... application. it seems to us that article 120 applies the cross-claim was for accounts, which is not covered by any other article in the limitation act.26. the learned counsel next contended that the defendant having alleged about the removal of goods on a particular date and the evaluation o; the goods ..... that the claim in the cross suit was barred by limitation. according to him, the applicable article were articles 48 or 48a of the indian limitation act, 1908. article 48 and 48a read:48. for specific three when the person moveable property years having the right lost or acquired to possession of by ..... advancement of loans by cash the payments could not have been by fractions of rupee even and ex. 1 and f series (accounts) mostly disclose act that the payments were for releasing the goods of the defendant. like-wise it is not under-stood as to why the defendant would have repaid money ..... plaintiff firm, was acquainted with the defendant and the fact that the defendant had a cash credit account with the punjab national bank. it further found that the defendant was a west punjab refugee who had no properties in the state of orissa and it was unlikely that the plaintiff would advance money in .....

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Sep 23 1971 (SC)

Bharat Barrel and Drum Mfg. Co. Ltd. and anr. Vs. the Employees State ...

Court : Supreme Court of India

Decided on : Sep-23-1971

Reported in : AIR1972SC1935; [1972(24)FLR75]; (1971)IILLJ647SC; (1971)2SCC860; [1972]1SCR867

..... principles governing conflict of laws. what was in fact being examined was whether they are part of the procedural law in the sense that the municipal laws will be applicable on the question of limitation for the commencement of actions because if limitation was purely a question of substantive law that would ..... was based on an over simplification. in the latest case the andhra pradesh high court also following the earlier decision of madhya pradesh, madras and punjab held that the state government had exceeded its powers to frame rule 17 as no such power to prescribe limitation under the provisions of section 96( ..... the court etc. this court in union of india v. ram kanwar19 approved the view of a full bench of the punjab high court in punjab co-operative bank ltd. v. official liquidators, punjab cottox press company ltd. (in liquidation)20 where it was held that rule 4 is a special law within the ..... extinguishing the claim of the corporation to enforce the liability for contributions payable by the appellant.14. an examination of the purpose and intendment of the act and the scheme which it effectuates, leaves no doubt that it was enacted for the benefit of the employees and their dependants, in case of sickness ..... with the view we have taken. in the decision of the punjab high court, dua, j. as he then was, expressed the view of the full bench with which falshaw, c.j. and mahajan j., agreed. after examining the provisions of the act he observed at pp. 170-71:at this stage, i .....

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Feb 10 1971 (HC)

Khummaji Milapchand and Co. and anr. Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Feb-10-1971

Reported in : [1973]91ITR333(AP)

..... tax strongly relied upon by the assessees' counsel would not help the assessees. 34. it is thus clear that almost all the courts, except the punjab high court, have uniformly held that the non-specification of the individual shares of the minors in the instruments of partnership is a sufficient ground for ..... family, and as such there is no defect in the instruments of partnership, which disentitled them from obtaining registration under section 184 of the 1961 act. 28. it is no doubt true that the three minors were admitted to the benefits of the partnership, because they were the male heirs of ..... the firm so specified was in existence during the relevant previous year and was genuine, he shall grant registration under section 185 of the 1961 act in writing. registration shall not be refused merely for any defects in the application, unless those defects are brought to the notice of the assessee ..... one share out of one rupee towards charity. ' 4. both the firms applied to the income-tax officer, under section 185 of the income-tax act, 1961, for the grant of registration for the assessment year 1963-64. the income-tax officer granted registration to the assessee-firms. 5. on examining ..... two references are made by the hyderabadbench of the income-tax appellate tribunal, at the instance of twodifferent assessees under section 256(1) of the income-tax act, 1961. thequestion referred to us, for our opinion, in both the cases is : ' whether, on the facts and in the circumstances of the case, .....

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Sep 23 1971 (HC)

Subhash Chander Vs. Ram Singh and ors.

Court : Delhi

Decided on : Sep-23-1971

Reported in : AIR1972Delhi189

..... chander, aged about 7 years, was going on corporation road at about 7.30 a.m. on 10-6-1962 when bus no. png 2291, belonging to the state of punjab and driven by ram singh, respondent came from behind and hit him. subhash chander suffered various injuries and was admitted to the hospital. he made an application for compensation claiming ..... is to succeed in his defense, must be overcome by contrary evidence, the burden on the defendant being to show how the act complained of could reasonably happen without negligence on his part'.their lordships of the supreme court in municipal corpn., delhi v. subhagwanti 1966 sc 1750 while discussing this principle observed thus:-'it is true that the normal rule is ..... 1. subhash chander has come up in appeal under s.110-d of the motor vehicles act against the order of the motor accidents claims tribunal, asking for enhancement of compensation. the respondents have also filed cross-objections praying for the dismissal of the application for grant .....

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Jun 09 1971 (HC)

Narayanan Damodaran and ors. Vs. Narayana Panicker Parameswara Panicke ...

Court : Kerala

Decided on : Jun-09-1971

Reported in : AIR1971Ker314

..... be excluded from the purview of the regulation. in the fifth and last case, the extent of the village was 963 acres, out of which, 100 acres were in the municipal area, and contained residential house, markets, and a cemetry, this extent of about 100 acres was directed to be excluded from the purview of the regulation. looking to the ..... be separable. it should not be confused with applying the law to individual cases, as suggested by the learned advocate general. this was pointed out by the privy council in punjab province v. daulat singh, (air 1946 pc 66). lord thankerton observed.'the majority of the federal court appear to have contemplated another form of severability, viz., by a classification ..... any contract to the contrary, whereas the mortgagee's right of foreclosure may well be curtailed by such a contract. (compare sections 60 and 67 of the transfer of property act). the legislative consciousness, it was emphasised, also reflected the same view, and provided for relief of agricultural indebtedness by allowing redemption by mortgagors, of usufructuary mortgages, even before ..... properties are held under time old mortgage documents and the mortgagees in possession have effected valuable improvements, but have no protection for their improvements. in thousands of cases documents acted upon as tenancies were capable of being interpreted as mortgages. before the advent of tenancy legislation tenants themselves had taken and preferred to take mortgages with possession for the obvious .....

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Feb 22 1971 (HC)

Asharfi Lal Vs. Board of Revenue, U.P. at Allahabad and ors.

Court : Allahabad

Decided on : Feb-22-1971

Reported in : AIR1971All465

..... of 1968 and allowing in part his writ petition no. 3602 of 1968.2. the dispute in the present case relates to certain plots situated within the municipal limits of roorkee and owned by ram ratan lal (respondent no. 4), bishan lal and jog prasad were the tenants of these plots in the year 1945 ..... be in conformity with the intention of the legislature. in support of his contention the learned counsel relied upon : 1953crilj525 , darshan singh balwant singh v. state of punjab. it was laid down there thus:-- 'it is a cardinal rule of interpretation that the language used by the legislature is a true depository of the legislative intent, ..... ... ... ... ... (ii) ... ... ... ... ... (iii) ... ... ... ... ... (iv) ... ... ... ... . (v) ... ... ... ... ... (vi) ... ... ... ... ... (vii) ... ... ... ... ... (viii) ... ... ... ... ... (ix) a sub-tenant referred to in sub-section (4) of section 47 of the u. p. tenancy act, 1839, or. (x) ... ... ... ... ... and is used by the holder thereof for purposes of agriculture or horticulture provided ... ... ... ... ... (d) ... ... ... ... ... (e) held or occupied by an occupier. explanation--an area, being part ..... intermediaries in urban areas. after the demarcation proceedings a notification under section 8 of the act was also published on 19th june, 1961 notifying that with effect from 1st july, 1961 that area demarcated as 'agricultural area' within the municipal limits of roorkee would stand transferred and vested in the state. it is the common .....

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Jun 21 1971 (HC)

Raisahab Chandanmull Indrakumar Private Ltd. Vs. State of Orissa and o ...

Court : Orissa

Decided on : Jun-21-1971

Reported in : AIR1972Ori40

..... in favour of the petitioner.the dictum laid down by their lordships of the supreme court in century spg. and mfg. co. ltd. v. the ulhasnagar municipal council, 1970 scd 321 = (air 1971 sc 1021), applies with full force to the facts of the present case. it has been held:'public bodies ..... been said in that case.10. the legal position on this point has been indicated by their lordships of the supreme court in smt. gunwant kaur v. municipal committee. bhatinda. (1969) 3 scc 769 = (air 1970 sc 802) thus:--'the high court is not deprived of its, jurisdiction to entertain a petition ..... scope of section 3 is that it saves 'provisions, restrictions, conditions and limitations over' which would be bad under the provisions of the transfer of property act, such as conditions in restraint of alienations or enjoyment repugnant to the nature of the estate, limitations offending the rule against perpetuities and the like.' the ..... restrictions upon grants and other transfers of land made by it or under its authority'. section 2 enacts that the provisions of the transfer of property act do not apply to crown grants. then follows section 3 with a positive declaration that 'all provisions, restrictions, conditions and limitations over' shall take effect ..... setup, rule of law is paramount and like citizens, the state is also bound to act in keeping with the rule of law. as was laid down in the case of bishan das v. state of punjab, air 1961 sc 1570:'before we part with this case, we feel it our duty to .....

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Mar 26 1971 (HC)

Chander Bhalla and ors. Vs. Lakshmam Swarup Bhatnagar and ors.

Court : Delhi

Decided on : Mar-26-1971

Reported in : ILR1971Delhi504

..... income-tax department they found chameli devi to be his legal representative. they had not the least justification for making any enquiries either in the municipal corporation or in the income-tax department when the learned counsel for the respondents made a statement before the court that the mother of ram ..... become infructuous by the death of one of the appellants. (rameshwar prasad and others v. m/s shyam beharilal jagannath and others, : [1964]3scr549 , state of punjab v. nathu ram, : [1962]2scr636 , and swaran singh puran singh etc. v. ramditta badhawa and others, . it is to be noted that the first ..... obviously long after the limita'tion had expired. under section 5 of the limitation act, they were required to explain every day of delay. they stated that after 18-12-1969 they made enquiries from the municipal corporation but found that the name of ram swarup's mother had not been shown ..... in favor of the appellants including ram swarup. (12) in a different context, their lordships of the supreme court had to consider the question whether an act done in breach of a mandatory provision is necessarily a nullity (dhirendra nath gorai v. sudhir chandra ghosh and others, : [1964]6scr1001 . their ..... law, the death of a plaintiff or a defendant resulted in the abatement of the cause of action. but the provisions of the indian succession act and the civil procedure code referred to above changed this rule in india. the rule has since then been also abolished in england. in the united states, .....

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Dec 14 1971 (HC)

Patel Chaturbhai Nanabhai Vs. Patel Mohanbhai Nanabhai and anr.

Court : Gujarat

Decided on : Dec-14-1971

Reported in : AIR1972Guj217

..... of the plaintiff, plaintiff being the owner of it. so, for mutation of that property to the name of plaintiff, in city survey as well as municipal records. defendant no. 1 has to give a statement. as regards the fields, described as lots nos. 4 and 5, which are allotted to the plaintiff ..... from the order recording the compromise, and it cannot be taken in execution of the decree. the high courts of andhra pradesh, madhya pradesh, patna, punjab and rajasthan have also taken the same of calcutta has said that such terms cannot be enforced in execution of the decree, but they may be enforced ..... the contention raised by the appellant that the execution of the decree is barred by limitation. as said earlier by me, article 136 of the new act makes the position crystal clear. period of limitation commences when the decree becomes enforceable. in the instant case, this part of the decree which is ..... would arise and consequently, right to apply would arise. admittedly, from those dates, this execution application was filed within three years. even if the old act was to govern the period of limitation. it cannot be said that this application is time-barred.16. mr. zaveri invited my attention to the decision ..... those liabilities arose. in my opinion, as this darkhast has been filed on 11-11-1968 and the events having taken place after the new act came into force, the article which would govern the period of limitation would be article 136 and the period provided is twelve years. furthermore, that .....

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Jan 15 1971 (HC)

Anant Ram Manocha Vs. S. Prasad and ors.

Court : Delhi

Decided on : Jan-15-1971

Reported in : AIR1971Delhi305

..... alter the price unilaterally, the dispute, if any at this stage, can only be settled, if at all, by the municipal courts and not by the central government acting under section 33 of act. the proceedings are, thereforee, without jurisdiction. that at the time of agreement with the petitioner the property in question had been ..... by the decisions in those proceedings. mr. b.b. kishore, the learned counsel for the respondents has relied on a single bench decision of the punjab high court in girdhari lal v. l.j. johnson, and has urged that as was held in that case the language of section 33 leaves no ..... the value of the property should be and whether the same should be revised to the figure of rs. 48,615/-. indeed, a bench of the punjab high court in balwant singh v. deputy chief settlement commr., , held while dealing with rule 34-b of the said rules of 1955 that the ..... had deposited the amount. appeals were filed against the order accepting the bids but were dismissed. thereupon a petition under section 33 of the compensation act was preferred to the central government and after hearing the parties an order was passed. it was in this context that the question arose whether the ..... and had been occupied this property and had been allotted the evacuee property on care-taker basis. the said evacuee property was then acquired under the compensation act and its value being less than rs. 50,000/- it fell into the category of allotable property within the meaning of rule 22 of the displaced .....

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