Court : Supreme Court of India
Decided on : Sep-15-1972
Reported in : AIR1973SC87; (1973)0GLR461; (1973)1SCC227; 2SCR266
..... and the local authority have a virtual monopoly of every open space at which an outdoor meeting can be held. if, therefore, the state or municipality can constitutionally close both its streets and its parks entirely to public meetings, the practical result would be that it would be impossible to hold any ..... and the persons who cause a crowd, for whatever purpose, to collect in a street, create a nuisance......... 57. in burden v. rigler and anr.  l.r. 1 k.b. 337, the evidence showed that the urban authority had tacitly licensed the meeting and so it was not a trespass as against ..... petitioner under article 19(1)(a) or (b). this appeal is by certificate from that judgment. 50. section 33(1)(o) of the bombay police act, 1951, provides : 33(1) the commissioner and the district magistrate, in areas under their respective charges or any part thereof, may make, alter or ..... inasmuch as the said provisions do not authorise framing of rules requiring the prior permission for holding meetings. (2) section 33(1)(o) of the act is unconstitutional as it infringes article 19(1)(a) and (b). the restrictions are wide enough to cover restrictions both within and without the limit of ..... and every time the question of applying for permission would arise. 7. the relevant statutory provisions that applied to ahmedabad are as follows : bombay police act, 195133(1) the commissioner and the district magistrate, in areas under their respective charges or any part thereof, may make, alter or rescind rules or .....Tag this Judgment!
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, : 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 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-07-1972
Reported in : AIR1972SC706; (1972)3SCC39; 3SCR19; 1972(4)LC502(SC)
..... : on may 4, 1905, a licence was granted under section 4(1) of the indian electricity act, 1903, to crompton and co. ltd., london, for the supply of electricity in the municipal area of nagpur. a notification granting the above licence was published in the central provinces gazette on may ..... draft amendment seeks to remove the ambiguity, if any, in respect of the date on which the option of purchase is exercisable under the indian electricity act, 1910'.12. on november 10, 1966, the licensee, the nagpur electric light and power company ltd., filed the petition under article 226 challenging the ..... in the terms and conditions of the licence made in exercise of the powers conferred by sub-section 3 of section 4 of the indian electricity act, 1910, were published. in the preamble it was stated that these amendments were 'in the terms and conditions of the nagpur electricity licence, ..... 6, 1905. on january 1, 1911, the indian electricity act, 1910, came into force. on june 28, 1913 a notification permitting ..... that the notice dated april 26, 1966, issued by the maharashtra state electricity board under the provisions of section 6 of the indian electricity act, 1910, was invalid in law and was unenforceable haying failed to satisfy the essential conditions of the notice. the high court accordingly allowed the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-28-1972
Reported in : AIR1972SC2027; 1972(0)KLT411(SC); (1972)2SCC492; 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 : 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 .....Tag this Judgment!
Court : Delhi
Decided on : Apr-19-1972
Reported in : ILR1972Delhi699
..... w. i had also given evidence concerning ex. p. 6, which is stated to be a copy of letter dated 12th august addressed to the municipal engineer, municipal committee, delhi, complaining of a water tank behind the suit house not being closed making the place insanitary and a hazard to health. the importance of ..... same and was conscious that it cut at the very root of the defense based on the said will. it was further pleaded that in the municipal records also the names of the original plaintiff, madho parshad and ballu mal had been entered as owners of the suit house, which was inconsistent with ..... seems fair to say that if the will existed, ballomal would have written to the municipal authorities to change the registry of the suit house in his own sole name. we are, thus, left without even a single circumstance which will point ..... i swore that ballomal and madbo parshad both had affixed their signatures to the letter to the municipal engineer. his own signature thereon, in original, was encircled and marked separately as 'a'. no notice was, however, given to the municipal committee to produce this letter. however, even leaving ex. p. 6 out of consideration, it ..... the court-fees act, 1870 (article 17(vi) applies to the present case).(25) the learned subordinate judge has relied upon the full bench decision of lahore high court in asa ram v. jagan nath and others a.i.r. 1934 lah 563 0 and the division bench of the punjab high court in .....Tag this Judgment!
Court : Delhi
Decided on : Apr-17-1972
Reported in : AIR1973Delhi24; 8(1972)DLT285
..... of varanasi v. gauri shanker, : 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, : 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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Delhi
Decided on : Oct-25-1972
Reported in : ILR1973Delhi1071; 1972RLR170
..... it can claim to be newly constructed. .rough and ready guide of practical value may, however, be found. under section 331 of the delhi municipal corporation act erection of a building means to erect a new building on any site whether previously built upon or not and clause (b) defines the expression ..... and in legal effect, there is no difference between construction and re-construction for purposes of this act which is distinct from the definition of the expression contained in the delhi municipal corporation act. between the buildings which have been entirely constructed or re-constructed from the very foundations to the ..... beams in the external walls have been pulled down. this definition is special for the purpose of the municipal corporation act to restrict the construction of building without permission but this definition has been applied and worked in delhi in relation to case under the ..... that there is no decision of this court on this subject. reliance has, however been placed on a few decisions of the high court of punjab. the division bench in sadhu singh's case after taking into consideration the dictionary meaning of the words 'construction' and 'building' from webster's ..... would ordinarily not constitute a newly constructed building. in addition to the structural changes indicated above, it is an essential condition under the rent act that to constitute a new premises, the building or part the building having been constructed, must separately be let or intended to be let .....Tag this Judgment!
Court : Delhi
Decided on : Apr-26-1972
Reported in : AIR1973Delhi15
..... and it does not appear that so far there has been any such re-consideration or modification of the rule laid down in athani municipality's case. that was why in f. a. o. no. 63 of 1986, m/s. r.c. sood & co., pvt. ltd. v. ..... consideration whether applications to courts under other provisions, apart from civil procedure code, are included within article 137 of the limitation act, 1963, or not.'but until the rule laid down in athani municipality's case is actually re-considered by the supreme court and modified the rule will be binding on this court ..... willingly placed by consent of both the parties is not opposed to public policy and is not void has been held by a full bench of the punjab high court in pearl insurance co. v. atma ram, . thereforee, the counter-claim made by the respondent against the government is barred by limitation ..... it cannot be accepted in view of the decision of the supreme court in the case of town municipal council, athani v. presiding officer, labour court, : (1969)iillj651sc , which was a case under the limitation act, 1963 and in which the supreme court again examined the scope of article 137 in relation to ..... and even if, according to the learned counsel for the appellant, applications for arbitration under the main clause are governed by article 137 of the limitation act, 1963, the period of limitation for filing such applications starts from the date when the government made the claim against the respondent. the government made .....Tag this Judgment!
Court : Chennai
Decided on : Jan-19-1972
Reported in : AIR1973Mad366
..... of a bench of this court in viswanathan v. rangaswami, : air1967mad244 is cited. the court held that where the electoral roll for the municipality (that case related to municipal roll) infringed the constitution in any respect, that part was void and was non est. the full bench of andhra pradesh in govardhan reddy ..... refers to the powers of a tribunal under section 100(1)(d)(v) of the representation of the people act. the supreme court also approved of the decision of a full bench of the punjab high court in rooplal mehta v. dhan singh, which related to the disqualification of a person, whose ..... supreme court affirmed the view that the election tribunal could declare the election to be void by applying sub-section(2)(c) of section 100 of the act.14. mr. n. c. raghavachari, learned counsel for the petitioner submitted that the supreme court in : 2scr611 referred to and approved the decision ..... is concerned, durga sankar mehta v. raghuraj singh, : 1scr267 deals with the question. that case was one under the representation of the people act and the question was whether the election tribunal could go into the question whether a person, whose name was found in the electoral roll, could be ..... any election.11. in pampakavi rayappa belagali v. b. d. jatti, : 2scr611 , the supreme court held that the entire scheme of the act of 1950 ad the amplitude of its provisions showed that the entries made in an electoral roll of a constituency could only be challenged in accordance with .....Tag this Judgment!