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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1977 Page 2 of about 103 results (0.087 seconds)

Nov 19 1977 (HC)

Smt. Mankunwar Bai and ors. Vs. Sunderlal Jain

Court : Madhya Pradesh

Decided on : Nov-19-1977

Reported in : AIR1978MP54

..... recoverable, one has to read something extra in this legislative provision.'these observations now do not hold good in view of their lordships' decision in new delhi municipal committee v. kalu ram, air 1976 sc 1637 (supra).16. in abdul gafoor v. abdeali, 1973 mplj 179 (supra) although calcutta decisions were cited, ..... placed on abdul gafoor v. abde ali, 1973 mplj 179. the learned single judge was of the opinion that in view of the observations in new delhi municipal committee v. kalu ram air 1976 sc 1637 the decision in abdur gafoor v. abde ali (1973 mplj 179) (supra), which was decided by & division ..... , air 1962 punj 256 (fb). it can be seen from the discussion contained in paragraphs 5 and 6 of that decision that the learned judges of punjab high court were influenced by the expression 'rent due by him' when neither the words legally due' nor the word 'recoverable' were used. it was ..... claim rent otherwise time-barred. in the present socio-economic set up, the accommodation control act cannot be interpreted to be a handle to recover time-barred rent, which otherwise, the landlord could not have done. new delhi municipal committee v. kalu ram (air 1976 sc 1637) (supra).13. the view that we ..... view we are taking, the division bench preferred to follow the punjab case. in nashiban bibi v. parul bala dutt, ilr (1959) 2 cal 490 the provisions of the west bengal premises tenancy act, 1956, were under consideration. section 17 (1) of that act employs the same words as section 13 (1) of the m .....

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Jul 13 1977 (HC)

Nagar Mahapalika Vs. P. Gurnai and anr.

Court : Andhra Pradesh

Decided on : Jul-13-1977

Reported in : 1978CriLJ53

..... reflects and incorporates the modern approach and latest trend in penology.'the above principle was followed in jai narain v. the municipal corporation delhi : 1973crilj49 . it was held that : adulteration of 'food' being a menace to public health and the act having been enacted with the aim of eradicating that anti-social evil, the court should not lightly resort to the provisions ..... . mr. justice krishna iyer after referring to the, case of isher dass v. state of punjab w2 cri lj 874 (sc) (supra) observed that 'the rehabilitatory purpose of the probation of offenders act, 1958 is pervasive enough technically , to take within its wings . n offence even under the act.' but,a note of caution was sounded in these words:- (at p. 878 of ..... a lenient view of the matter and extend them the benefit of the probation of offenders act. the question of applying the provision of that act to an offence under the prevention of food adulteration act came up before the supreme court in isher dass v. state of punjab : 1972crilj874 where the offender was below 21 years of age. the trial court released him ..... a request was made for the application of the provisions of probation of offenders act. the supreme court confirmed the sentence passed by the trial court, and declined to release the offenders on probation of good conduct. the distinction pointed out ,in isher; dass v. state of punjab 1972 cri lj 874 (sc) (supra) between the offenders above 21 years of age .....

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May 17 1977 (HC)

Delhi Transport Corporation Vs. D.D. Gupta and anr.

Court : Delhi

Decided on : May-17-1977

Reported in : (1978)ILLJ122Del

..... if the claim of a workman is barred by time under the payment of wages act. reliance was also placed by ismail j., on the judgment of the punjab high court in municipal committee, tarn taran v. state of punjab 1967 2 l.l.j. 568 and the judgment of the gujarat high court in ..... , the rule of law being, as stated by lord selborne in seward v. vera cruz, that where there are general words in a later act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special ..... that the meaning sought to be given to this section by the petitioner, is entirely inconsistent with what is said in the payment of wages act, 1916 itself. that act applies in any case to persons employed in factories and persons employed in the railways, etc. it also enables the state government by notification ..... falls within the scope of an industrial adjudication which can only be ordered by the state government by making a reference under section 10 of the act. i think, the settled position may be summarised as follows:1. if the claim of a workman involves an adjudication of disputes which falls ..... suspension or whether this matter has necessarily to be referred to an industrial tribunal as an industrial dispute. the definition of ''industrial dispute' in the act shows that it is a dispute or difference between employers and employers, or between employers and workman, or between workmen and workmen, which is connected .....

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Jan 25 1977 (HC)

State of Punjab and ors. Vs. Amrit Banaspati Co., Ltd. and ors.

Court : Punjab and Haryana

Decided on : Jan-25-1977

Reported in : AIR1977P& H268

..... the decision dated 15-12-1966 of the cabinet sub-committee and thirdly, because it would be opposed to the scheme and purpose of the punjab general sales tax act as well as general social and public policy. letters patent appeal no. 368 of 1975 is allowed and civil writ no. 1588 of 1972 ..... the writ petition should have been dismissed in limine. the matter was remanded to the high court with a direction to issue a rule to the municipality and the government and to dispose of the petition. in the course of the discussion, the supreme court made certain observations which must naturally be understood ..... the parry claiming the estoppel justifies it or where the general interests of the state require it.40. century spinning and manufacturing co. v. ulhas nagar municipality (air 1971 sc 1021), was a case where the high court of bombay had dismissed a writ petition in limine without assigning any reason. it was ..... were not referred to in ram kumar's case, (air 1976 sc 2237). the first case that requires to be noticed is collector of bombay v. municipal corporation of the city of bombay, 1952 scr 43: (air 1951 sc 469). the facts of the case were as follows: in 1865, the government ..... under article 226 of the constitution, (vide union of india v. indo-afghan agencies, air 1968 sc 718. century spinning and manufacturing co. v. ulhas nagar municipality, air 1971 sc 1021). nor is it correct to say that administrative orders cannot confer rights enforceable by a mandamus, (vide union of india v. k.p .....

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Mar 09 1977 (HC)

Kharak Singh Vs. the State of Punjab

Court : Punjab and Haryana

Decided on : Mar-09-1977

Reported in : AIR1977P& H335

..... to prove that the grant in his favour has been recognised by the successor governments, he cannot claim any benefit under the said grant in the municipal courts. the same result would flow in the connected case also, of which the facts are absolutely akin. regular second appeals nos. 1457 and ..... it is stipulated that certain inhabitant could enjoy certain rights, that does not give a title to those inhabitants to enforce these stipulations in the municipal courts. the right to enforce remains only with the high contracting parties.' these principles, when applied to the facts of the present case, leave ..... be enforced by individusal citizens because they are no parties to those stipulations. the only exception made in regard to these rule is that the municipal courts recognisec by the new sovereign have the power and the jurisdiction to investigate and ascertain only such rights as the new sovereign has chosen ..... entered into and executed before the commencement of the constitution of india by the maharaja and by virtue of article 363 of the constitution, the municipal courts had no jurisdiction to adjudicate upon a dispute arising out of such a covenant, especially when the alleged rights claimed by the appellant had ..... matter that the taking over of the territory of nabha state by the successor union and later on by the punjab state was an 'act of state'. as to what is an 'act of state', has been considered and finally adjudicated upon by the supreme court in promod chandra deb v. state .....

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Mar 25 1977 (HC)

Megha Singh and Co. and ors. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Mar-25-1977

Reported in : AIR1977P& H297; [1977]40STC370(P& H)

..... of poona, air 1959 sc 586, the supreme court upheld the validity of section 59 of the bombay district municipal act, 1901 which, after enumerating various specific heads of taxes which could be levied by a municipality, authorised the municipality to further levy 'any other tax to the nature and object of which the approval of the governor in council shall have been ..... of tax on the sale of country liquor by panchayat samitis were contrary to the express provisions of section 6 read with entry 37 of schedule b of the punjab general sales tax act and the legislative policy underlying them. shri sibal urged that there was a legislative injunction, in section 6, that no tax shall be payable on the sale ..... if immediately before the commencement of the constitution, were being lawfully levied .by......any municipality or other local authority or body......' the legislature has, therefore, the undoubted competence to authorise the levy of & tax by a local authority. the punjab panchayat sami-tis and zila parishads act is an act which constitutes local authorities of self-government and authorises levy of taxes by the ..... contained......' it was not argued before us that section 65 of ths punjab punchayat samitis and zila parishads act which provides for the imposition by a panchayat samiti .....

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Dec 27 1977 (HC)

Yedlapati Venkateswarlu Vs. the State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Decided on : Dec-27-1977

Reported in : AIR1978AP333

..... the enhancement of the tax. it was pointed out that no prior opportunity had been given to the ratepayer as required under rule 6 of schedule ii of the 1965 municipalities act before the enhancement of tax by way of special notice. dealing with these objection, we pointed out that the learned single judge, who had dismissed the writ petitions, rejected the ..... the petitioner to make his representation as to the estimated or reported rental value. the procedure laid down by s. 95 and r. 6 of sch. ii of the 1965 municipalities act had not been complied with. it was in this manner that the principles of natural justice had been violated. when this was complained of, so argued sri koteswara rao, we ..... was applicable. this view found favour with kuppuswami, j. that apart, the contention of the learned counsel for the petitioner was that the municipality acted illegally in assessing and enhancing the tax on the basis of estimated or reported rental value while it should have made it one the basis of the standard rent. it ..... we must refer to some other decisions placed before us by the learned counsel for the petitioner. in n. s. transport co. v. state of punjab, : [1976]2scr218 a bald notice under the motor vehicles act was issued without making any reference to any particular permit for cancellation or suspension of which action had been taken. it contained nothing but general allegations .....

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Aug 10 1977 (HC)

Jagmel Singh Vs. S.D.O. (Civil) with the Powers of Collector, Fazilka ...

Court : Punjab and Haryana

Decided on : Aug-10-1977

Reported in : AIR1977P& H380

..... to the petitioner. the supreme court has overruled its decision in northern india caterers (p.) ltd. v. state of punjab, air 1967 sc 1581, in maganlal chhagganlal (p.) ltd. v. municipal corporation of greater bombay, air 1974 sc 2009, and now it cannot be contended with any justification that where two modes ..... ap-proach the collector with a prayer that the wrongful occupant be directed to vacate its land under the provisions of the punjab public premises and land (eviction and rent recovery) act, 1973, and also to claim compensation for use and occupation of land. if the panchayat adopts' such a course, ..... the years 1971-72, 1972-73, 1973-74 and 1974-75 as arrears of land revenue under section 7 of the punjab public premises and land (eviction and rent recovery) act. 1973, and that since the application of the gram panchayat for determining the rent or damages for use and occupation was ..... in the return filed on behalf of respondent no. 2 it has been stated that powers of the collector exercisable under the punjab gram panchayat act, 1952 (hereinafter called the act) have been delegated by the collector to the block development and panchayat officer in exercise of powers under section 95 (4) ..... sumswere arrears of land revenue. it is consequently urged that since arrears of lease money payable to a panchayat constituted a sum payable under the act, it was open to the block development and panchayat officer, to whom the powers of the collector had been delegated, to effect the recovery .....

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Feb 02 1977 (HC)

Salim and Co. and ors. Vs. Municipal Corporation of Delhi and anr.

Court : Delhi

Decided on : Feb-02-1977

Reported in : 1978CriLJ240

..... issued by the director after the analysis of the sample has been carried out. this view has also been taken by a division bench of the punjab & haryana high court in municipal committee, amritsar v. shadi lai (1975) 2, f. a. c. 411 : . same was the view of a single bench of the ..... and conclusive in evidence of the facts stated therein.9. the scope of sub-section (5) of section 13 o the act was also considered in a full bench case of this court. municipal corporation of delhi v. bishan sarup 1972, f. a. c. 273, in the following terms:held that once the ..... the central food laboratory and thereafter concrete and definite result would have been received. this contention is devoid of any substance as the provisions of the act do not envisage the examination of the same sample twice. the reason being that sub-section (5) of section 13 provides that 'the certificate received ..... whether, in view of the certificate of the director of central food laboratory, the first charge against the petitioners is groundless. section 11 of the act prescribes the procedure to be followed by a food inspector while taking a sample of an article of food for analysis. according to this section, the ..... food inspector. the public analyst reported that the sample was adulterated. a complaint under section 7 read with section 16 of the prevention of food adulteration act, 1954, was filed against salim and company, zehuruddin, from whom the sample was taken and also against salim ahmed, washim ahmed and mst. zubeda begum .....

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Nov 09 1977 (HC)

Municipal Corporation of Delhi Vs. J.B. Bottling Company Pvt. Ltd.

Court : Delhi

Decided on : Nov-09-1977

Reported in : 14(1978)DLT1; ILR1978Delhi129

..... bench (jagjit singh andm. s. joshi, jj) by their order of reference dated august ii. 1975.for decision of the full bench : 'whetherholding one or more shares in the municipal corporation cooperative stores limited or in any other cooperativesociety or company, engaged in the manufacture, importor sale of any article of food, amounts to having financialinterest in the manufacture, import ..... to sub-section (1) of section 9 in relationto the appointment of food inspector, the decision of the learnedjudges of the division bench of the cricuit bench of the punjab highcourt related to the interpretation of an identical proviso to section 8 in relation to the appointment of a public analyst.(5) the relevant provisions of sections 8 and 9 ..... or being a judge in its own cause or legal bias. boththe public analyst and the food inspector perform important duties in relation to satisfactory enforcement of prevention offood adulteration act and also any prosecution there under.where a person with prescribed qualifications is made non-eligibledue to financial interest and, thereforee, bias on that account, there isno measure to ..... or sale of articles offood for purposes of the proviso to sub-section (1) ofsection 9 of the prevention of food adulteration act,1954'.(2) lala bishambar dayal, learned counsel for the appellant inthe criminal appeal out of which the present reference has arisen,raised a preliminary objection that the reference itself is .....

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