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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1972 Page 3 of about 143 results (0.091 seconds)

May 05 1972 (SC)

Zabar Singh and ors. Vs. the State of Haryana and ors.

Court : Supreme Court of India

Decided on : May-05-1972

Reported in : (1972)IILLJ209SC; (1972)2SCC275; [1973]1SCR608

..... , 1957. these posts were to be treated as being vacant on october 1, 1957.60. on september 27, 1957, the director of public instructions, punjab, conveyed the sanction of the governor of punjab to provincialise all municipal boards and district boards schools with effect from october 1, 1957. by this order, government created new posts for absorbing all the staff, including the ..... 88. having regard to the facts discussed above, i respectfully agree with the view expressed in the minority judgment, that after the district board and municipal board school teachers were taken over by the government of punjab an amalgamated educational service was evolved (p. 206) and that the government by giving the same terms of employment had in fact constituted a ..... their provincialisation.3. briefly stated, the petitioners' case was that prior to october 1, 1957, when the then state of punjab provincialised the primary schools there were mainly two types of schools viz. (a) schools run by district and municipal bodies, and (b) government schools besides of course the nai talim sangh schools and the schools in pepsu area which had ..... bodies schools, whose teachers numbered 1517. of them, 97 were in schools conducted by municipal bodies and the rest i.e. 1420 in district boards' schools.15. teachers in local bodies schools were governed by the district board rules, 1926 framed under the punjab district boards act, 1883. these rules provided that every district board shall be bound by rules contained in .....

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Aug 29 1972 (HC)

Gwalior Rayon Silk Manufacturing (Wvg.) Company Limited Vs. the Assist ...

Court : Madhya Pradesh

Decided on : Aug-29-1972

Reported in : [1973]31STC9(MP)

..... of the city of ahmedabad and anr. a.i.r. 1971 s.c. 2100, their lordships upheld the taxing power of the ahmedabad municipality under the bombay provincial municipal corporation act even though the act did not prescribe the maximum rate for levying the property tax, ultimate control for raising them rested with the councillors responsible to the people. the delegation of power on ..... to hold on a fair, generous and liberal construction of an impugned statute whether the legislature exceeded such limits.their lordships held that since under section 5 of the punjab general sales tax act, 1948, as it originally stood, an uncontrolled power was conferred on the provincial government to levy a tax at such rates as the government might direct, the legislature ..... . a.i.r, 1968 s.c. 1232, on the ground that the case of delegation of the taxing power to a municipal corporation stands on a different footing. in that case power conferred by section 150 of the delhi municipal corporation act on the corporation to levy certain taxes without specifying any limit was upheld and their lordships made the following observations in ..... counsel for the petitioner on the ground that it related to a municipal corporation where the principle of delegation is different from the one applicable to delegation to any other authority.16. the learned counsel for the petitioner pointed out that in a case under the punjab general sales tax act in rattan lal and co. and anr. v. the assessing authority, patiala .....

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Feb 09 1972 (HC)

Brij Kishore Vs. Ram Niwas

Court : Rajasthan

Decided on : Feb-09-1972

Reported in : 1972WLN89

..... the appellant shri brij kishore sharma in respect of respondent ram niwas, his nomination paper was rejected under section 26 of the rajasthan municipalities act {hereinafter referred to as 'the act') the result was that only two candidates viz., brij kishore sharma and jagdish chandra remained in the field and as a result ..... is clear that during the relevant period shri ram niwas was holding salaried part-time appointment under a local authority when he was acting as a legal adviser to the municipal board, sarwar on an compensation of rs. 450/- the word 'mahnata' also means compensation for the labour done. here of ..... can not be taken to sub-clause (viii) as it was a general provision only. in the punjab authority it was held that when two provisions of a statute ..... difference.8. placing reliance upon harnam singh modi and anr. v. state of punjab the learned counsel for respondent while drawing my attention to the provision of sub-clauses (viii) and (xiii) of section 26 of 'the act' urged that when the case was covered specifically by sub-clause (xiii) recourse ..... are in conflict with each other an effort should be made to reconcile than. if the conflict is irreconcilable the specific provisions will over ride the general provisions.9. sub-clause (viii) of section 26 of 'the act' has .....

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May 26 1972 (HC)

Harwant Kaur and ors. Vs. Harinam Sankirtan Mandal and anr.

Court : Punjab and Haryana

Decided on : May-26-1972

Reported in : AIR1973P& H99

..... 1971. the present petition has been filed by the petitioners against the order of the appellate authority under section 15(5) of the east punjab urban rent restriction act (hereinafter called the act).2. the learned appellate authority reversed the finding of the learned rent controller on issue no.1, but upheld the findings on issues 3 ..... (b) and (c) were not there, this would be the correct interpretation of sub-clause (a). this interpretation has been put by the high court in municipal committee, abohar, but in the case of the high court has not considered the effect of sub-clauses (b) and (c) on the meaning to be given ..... contented for the appellant that he cannot take advantage of section 13(3)(a)(ii).'their lordships-held that the view taken by their court in the case of municipal committee, abohar, ilr (1959) punj 1131 (supra) could not be sustained, and observed:'it is true that in sub-clause (a) the words 'for ..... land for his own use, whatever may be the use to which he may put the land after eviction.'this was the view taken by this court in municipal committee, abohar's case, ilr (1959) punj 1131 (supra). before the supreme court the contention of the tenant was:--'x. x though the words 'for ..... supreme court in attar singh v. inder kumar, 1967 cur lj 242= (air 1967 sc 773), which did not approve of the decision of this court in municipal committee, abohar v. daulat ram, ilr (1959) punj 1131, on the basis of which both the issues have been decided in favour of the landlord. in .....

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Sep 20 1972 (SC)

Dhrangadhra Chemical Works Ltd. Vs. State of Gujarat and ors.

Court : Supreme Court of India

Decided on : Sep-20-1972

Reported in : (1973)2CTR(SC)30

..... that bye-laws have been sanctioned :'resolution''the following bye-laws of the dhrangadhra municipality are hereby sanctioned as per sections 48-1 and 61 of the bombay district municipality act, 1901 which act has been adopted by the government of saurashtra.'buy-laws made by dharangadhra municipality for octroi.'the dhrangadhra chemical works has taken objection against the rates shown in the ..... is from that order.2. the appellant is a company registered under the companies act and carries on business of manufacturing soda ash at its factory dhrangadhra. the bombay district municipalities act, 1901, hereinafter called the act was extended to the merged territories of saurashtra including the area of dhrangadhra municipality from july 1, 1949, by an ordinance of the saurashtra state. thereafter, ..... aforesaid bye-laws by the municipality and the municipality has filed a suit to recover the octroi from them. ..... to collect from all (see mathra prashad and sons vs. state of punjab and others) (3). if the agreement is treated as a representation by the appellant that it will pay the tax at the rate in vogue in 1953, the municipality did not suffer any detriment by acting on the faith of it. the appellant did not also derive any .....

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Sep 28 1972 (HC)

Raghbir Singh and ors. Vs. the State of Haryana and anr.

Court : Punjab and Haryana

Decided on : Sep-28-1972

Reported in : AIR1973P& H376

..... hapur, air 1959 all 192, the petitioners were challenging the imposition of a water tax by the municipal board of hapur, under the u. p. municipalities act. sections 131 to 135 of that act lay down the procedure which had to be followed by the board before imposing a tax. nobody disputes before me the proposition of ..... jurisprudence etc. or that they were mentally or morally better equipped than the heads of a block area. this line of attack on section 105(2) of punjab act no. iv of 1953 does not, therefore, seem to have any great merit.26. this sub-section then gives the panch concerned an opportunity to explain ..... the seizure, that the goods were smuggled.25. if it could be argued that there was no emergency to justify the enactment of section 105 of punjab act no. iv of 1953 in our case, it could also be argued that the provision is not so very harsh and does not change any commonly accepted ..... panchayat had been attested in 1957 and this mutation offer was being challenged by the lessees after a period of about fourteen years. section 3(1) of punjab act no. 18 of 1961 revesting in the owners of the lands not coming within the definition of 'shamilat deh' had also come into force about ten ..... involves a delegation of the powers of a district panchayat officer to an officer of inferior rank and that there was nothing in section 95 of the punjab act no. iv of 1953 providing for any such delegation of powers to a block development officer. it is not clear as to how shri anand swaroop .....

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Feb 11 1972 (HC)

Jagannath Kapoor and anr. Vs. Premier Credit and Instalment Corporatio ...

Court : Allahabad

Decided on : Feb-11-1972

Reported in : AIR1973All49

..... somewhat different grounds. under these circumstances shambhu nath's case (supra) is no authority for the facts and circumstances of the present dispute. 14. as regards the case of bhusawal municipality, : [1964]5scr905 (supra), their lordships of the supreme court were dealing with the interpretation of the second proviso to clause 5 of the bombay electricity supply (licensed undertakings war ..... of the parties in these proceedings, even if that is without protest, because it is well settled that consent cannot confer jurisdiction.' in ajit singh's case (supra) the punjab high court observed thus on the question of waiver, estoppel and acquiescence: 'it is a fundamental rule of law that whatever is without jurisdiction cannot acquire any sanctity merely because ..... before the arbitrator and had thus accepted his authority and they were, therefore, estopped from challenging his jurisdiction at this belated stage. 6. it is true that the arbitration act does not specifically provide for a joint reference by the parties to an arbitrator out of court yet, in the very nature of arbitration proceedings, where the adjudicator a chosen ..... arbitrator filed his award accordingly. on receipt of notice from the civil judge, the defendants on september 10, 1965 filed an application under section 30 of the indian arbitration act before the civil judge, lucknow, praying for setting aside the award on various grounds. the civil judge by his judgment dated 13-11-1965 rejected the application filed by the .....

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Apr 17 1972 (HC)

Banwarilal and Sons Pvt. Ltd. Vs. Union of India and ors.

Court : Delhi

Decided on : Apr-17-1972

Reported in : AIR1973Delhi24; 8(1972)DLT285

..... of varanasi v. gauri shanker, : [1968]1scr372 followed by a full bench of this court in municipal corporation of delhi v. kuldip lal bhandari and others, air (1969) delhi 497 (7) and the full bench decision of the punjab & haryana high court in shanti devi and others v. general manager, haryana roadways etc., 1971 plr ..... the appellant to be filed in the supreme court. it would indeed be a good ground under section 14 read with section 5 of the limitation act for the condensation of any delay that may take place in filing the appeal to the supreme court (sunderbai and another v. the collector of belgaum ..... ) case and held that in hearing the appeal against the award of an arbitrator given under section 19(l)(f) of the defense of india act, the high court acted as the high court and not an arbitration tribunal. its decision was, thereforee, a 'determination' under article 136 of the constitution. the supreme ..... ) the first ground explains the delay up to 9-2-1972. did it amount to 'sufficient cause' within the meaning of section 5 of the limitation act till then as observed by the supreme court in mata din v. a. narayanan, : [1970]2scr90thelaw is settled that mistake of counsel may in certain ..... february 1972. the appeal in the high court was filed on 19th of february 1972. the appellant made an application under section 5 of the limitation act, 1963 for condensation of delay in filing the appeal on the ground that he had sufficient cause for not prefering it within the prescribed period of .....

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Apr 28 1972 (SC)

The Malankara Rubber and Produce Co. and ors., Etc., Etc. Vs. the Stat ...

Court : Supreme Court of India

Decided on : Apr-28-1972

Reported in : AIR1972SC2027; 1972(0)KLT411(SC); (1972)2SCC492; [1973]1SCR399

..... apart for the industrial or commercial purpose of the undertaking. similarly, a person owning a house with lands surrounding it covered by a garden or (sic) an'orchard within a municipality should not be left to the mercy of the land board to decide the extent of land necessary for the convenient enjoyment of the house and have the rest taken ..... properties and situation. there may be rocky lands, sandy lands, hillsites, unculturable lands, forests etc. which by their very nature are net agricultural lands. so also lands comprised within a municipality specially in towns and cities cannot be styled agricultural lands because agricultural operations can be carried on there. further the statements in the counter affidavit do not follow the provisions ..... away of such lands in the circumstances mentioned above either from industrial or commercial undertakings or from the owner of house sites within a municipality for distribution among the landless cannot be said to effect agrarian reform. the act in so far as it purports to acquire these lands cannot be upheld.42. mr. chagla contended that even if the court were ..... of land in the hands of a few to raise the economic standards and better rural health and social conditions as was laid down in ranjit singh v. state oi punjab : [1965]1scr82 . some examples cited in that case were provision for the assignment of lands to village panchayats for the use of the general community or for hospitals, schools, manure .....

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Feb 08 1972 (HC)

The State of Uttar Pradesh Vs. the Hindustan Lever Ltd.

Court : Allahabad

Decided on : Feb-08-1972

Reported in : AIR1972All486

..... government of u. p. at ghaziabad in order to pay excise duty to the credit of the collector of central excise, allahabad. theplaintiff-company maintained a current account with the punjab national bank, defendant no. 1. on 14th july, 1955, the plaintiff instructed the defendant bank to deposit on behalf of the plaintiff and to the debit of the plaintiff's ..... -feasance, misfeasance or non-feasance. the learned advocate-general invited our attention to the decision of the madras high court in srinivasa ayyangar v. municipal council, karur, (1899) ilr 22 mad 342. in that case the municipal council sued its chairman to recover the amount lost by reason of the embezzlement by the manager on the ground that the chairman was the ..... proves these various factual aspects.13. the learned advocate-general however, submitted that the state govt. was not vicariously responsible for the misconduct of its officers in cases where the act of commission or omission is committed while the officer is exercising statutory functions. in this connection learned counsel invited our attention to article 300(1) of the constitution. this article ..... functioning, as contended by the learned advocate-general, in exercise of statutory powers, (because the rules under the treasury manual were framed in virtue of section 151, government of india act, 1935), that will not afford the state government any immunity, unless, it proves that the tort was committed by the public officers in the course of an activity which is .....

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