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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1977 Page 4 of about 103 results (0.096 seconds)

Feb 09 1977 (SC)

Krishan Murari Lal Sehgal Vs. State of Punjab

Court : Supreme Court of India

Decided on : Feb-09-1977

Reported in : AIR1977SC1233; 1977LabIC554; (1977)ILLJ442SC; (1977)2SCC587; [1977]2SCR956

..... are, however, unable to see how this memorandum of may 11, 1957, can be called in aid as 'previous approval' under section 115 (7) of the act when the punjab financial commissioner's office (state service class iii) rules, 1957 were already promulgated on february 28, 1957. approval under section 115 (7) is previous approval and not subsequent ratification. the ..... his highness the rajpramukh, which is the previous day of the 'appointed day' under the states reorganisation act, 1956. thus he was integrated in the new state of punjab as a confirmed assistant. before his integration in punjab he was governed by the patiala and east punjab states union civil services (punishment and appeal) rules, 1953 (briefly the pepsu rules) which were made in ..... appointing, authority of the appellant before his integration into the state of punjab does not come into the picture. he adds that this (submission of his is in consonance with the provisions of section 116 of the states reorganisation act, 1956 (briefly the act). we may, therefore, read section 116 of the act:116 (1) every person who immediately before the appointed day is ..... argument that in the new state of punjab the financial commissioner (revenue) is the appropriate authority for appointing assistants is absolutely irrelevant in the context of section 116 (1) which enables the status quo ante to continue except where the post ceases to exist under the provisions of the act. it is also important to bear in mind the provisions of .....

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Nov 09 1977 (HC)

Chandu Lal Vs. Municipal Corporation of Delhi

Court : Delhi

Decided on : Nov-09-1977

Reported in : AIR1978Delhi174

..... statement by way of preliminary objections urged that the suit was barred in view of ss. 477 and 478 of the delhi municipal corporation act, 1957, (herein called 'the act'); that the petitioner has no locus stand to file the suit; and that the suit as framed is not maintainable. on merits ..... it would be appropriate to dispose them of by a single judgment,2. briefly stated the facts pertaining to these revision petitions are as follows: the municipal corporation of delhi (herein called 'the corporation') held an auction on 21st oct., 1973, for allotment of kiosks situated near bus stop, parade ground, ..... run away in peril.36. reliance on lallu yeshwant singh v. rao jagdish singh air 1968 sc 620 and mohan lal v. state of punjab 1970 ren c j 95 is wholly misplaced, the former case dealt with tenancy rights while the latter case pertained to lease rights. it was ..... rightful owner who may try to dispossess them. this submission was sought to be reinforced on the basis of case in puran singh v. state of punjab : air1975sc1674 . reliance then was placed on a branch decision of east punjah high court in state of patiala and e p. states union v ..... retain possession against the corporation, having only the personal privilege to carry on their business which otherwise without the permission granted by the corporation would be an unlawful act. these well-settled principles - find support from satwant singh v. assistant passport officer, new delhi : [1967]3scr525 ; associated hotel's case : [1960] .....

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Jan 25 1977 (SC)

Union of India (U0i) and ors. Vs. Bhanudas Krishna Gawde and ors.

Court : Supreme Court of India

Decided on : Jan-25-1977

Reported in : AIR1977SC1027; (1977)1SCC834; [1977]2SCR719

..... cations nos. singh detaining authority to have 201/1976 833-839/ gokaldas the detenus taken under cu- 1976 rajda & stody to the site of the others meeting of the bombay municipal corporation and enable them to exercise their votes at the mayoral election, if and when it takes place. 2. crl. as 3-3-1976 crl. appli- bombay smt. while ..... as pointed out by this court in state of maharashtra v. prabhakar pandurang sanzgiri : 1966crilj311 , dr, ram manohar lohia v. state of bihar : 1966crilj608 , makhan singh v. state of punjab : 1964crilj217 (supra) and by the majority in a.d. m. jabalpur v. shivkant shukla : 1976crilj945 (supra), hedged by a condition inasmuch as it declared that 'the right of any person ..... in hue and quality. the procedures applicable in cases of the two types are certainly radically different. the authorities entrusted with the power of ordering punitive and, preventive detentions also act on very different principles and for very different reasons. the constitutional justification for preventive detention was considered by this court at some length in shekel's case : 1976crilj945 (supra ..... or of any such aggression or disturbance if the president is satisfied that there is .imminent danger thereof. inserted retrospectively by section 5 of the constitution (thirty-eighth amendment) act, 1975. (4) the power conferred on the president by this article shall include the power to issue different proclamations on different grounds, being war or external aggression or internal .....

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Jan 24 1977 (HC)

Panipat Co-operative Sugar Mills Ltd. Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Jan-24-1977

Reported in : (1977)79PLR366

..... were converted into metalled roads did not belong to the assessee nor could it have any control over them. the assessee being a co-operative society registered under the punjab co-operative societies act, 1961, can, with the sanction of the registrar, contribute a part of its profits towards any purpose connected with the development of co-operative movement or charitable purposes ..... profits of the assessee for the assessment year. the bench particularly emphasised the fact that the pipeline installed and other equipment purchased by the assessee came to vest in the municipal committee and did not continue to belong to the assessee.11. in commissioner of income-tax v. ashok leyland ltd : [1972]86itr549(sc) , the question arose whether, by terminating the ..... to the town including provision of water supply and the government in turn undertook not to include the properties of the assessee within the municipal limits for 15 years so that the assessee would not have to pay municipal taxes for that period. during the accounting period, the assessee spent a sum on installing pipelines, etc., which then became the property of ..... the municipal committee and claimed it as business expenditure. the court held that by incurring the said expenditure the assessee had obtained avoidance of certain disadvantages for a limited period and the .....

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Apr 19 1977 (SC)

Dagdu and ors. Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Apr-19-1977

Reported in : AIR1977SC1579; 1977CriLJ1206; (1977)3SCC68; [1977]3SCR636

..... contradictions of the gravest kind. accused no. 2 is a man of some means and was for some time the president of the manwat municipality. it is hardly likely that a person in his position would readily gulp the fantastic process prescribed by ganpat for discovering the treasure trove. ..... have been issued by the various high courts in india and their importance has been recognized by this court in sarwan singh v. state of punjab : 1957crilj1014 in which it was said that the instructions issued by the high courts must be followed by the magistrates while recording confessional statements. ..... the confessions inadmissible in evidence. relevancy and admissibility of evidence have to be determined in accordance with the provisions of the evidence act. section 29 of that act lays down that if a confession is otherwise relevant it does not become irrelevant merely because, inter alia, the accused was not ..... phrase 'corroborated in material particulars' in illustration (b). delivering the judgment of the judicial committee, sir john beaumont observed that the danger of acting on accomplice evidence is not merely that the accomplice is on his own admission a man of bad character who took part in the offence and ..... unless he is corroborated in material particulars.21. there is no antithesis between section 133 and illustration (b) to section 114 of the evidence act because the illustration only says that the court 'may' presume a certain state of affairs. it does not seek to raise a conclusive and .....

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Mar 17 1977 (HC)

Smt. Jaswant Kaur and anr. Vs. the State of Haryana and anr.

Court : Punjab and Haryana

Decided on : Mar-17-1977

Reported in : AIR1977P& H221

..... the provisions of the statute are vague or on the ground that they are mutually inconsistent. in amritsar municipality v. state of punjab, air 1969 sc 1100, dealing with the observations of the punjab high court that legislation which was 'vague, uncertain and ambiguous' had to be struck down, the supreme ..... civil appeal no. 1040 of 1976 : (reported in air 1977 sc 915). the supreme court has held that the provisions of the punjab land reforms act are saved both by article 31a and article 31b of the constitution. in view of the decision of the supreme court and in view ..... it was argued, would not be saved if they were made after the declaration of surplus area or tenant's permissible area under the punjab security of land tenures act.8. the provisions of ss. 4 and 8, particularly section 8, appear on first impression to be inconsistent with the provisions of section ..... government notwithstanding the acquisition by the central govern-ment. similarly, land purchased by a tenant under the provisions of section 18 of the punjab security of land tenures act would vest in the state government under section 12 (3) notwithstanding the purchase by the tenant. so also, in the case of ..... was argued that the agreement not to legislate would operate as equitable estoppel against the state and, therefore, the kerala private forests (vesting and assignment) act, 1971, could not be enforced against the company. the supreme court rejected the contention observing :--'we do not see how an agreement of the .....

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Apr 22 1977 (HC)

Shripatrao Dajisaheb Ghatge and anr. Vs. the State of Maharashtra and ...

Court : Mumbai

Decided on : Apr-22-1977

Reported in : AIR1977Bom384; (1977)79BOMLR259; 1977MhLJ406

..... discretionary', (vide para 18 of the judgment in makhan singh's case reported in : 1964crilj217 ). the three decisions, one of the punjab high court and the other two of this court, are clearly distinguishable and the observations relied upon will have to be regarded as having been ..... b. c. patil reported in : air1951bom423 and n. m. nayak v. chotalal hariram reported in : air1968bom51 . in the case before the punjab high court a distinction has been made between supervisory or revisional powers on the one hand and the appellate power on the other hand the material ..... for determination related to the nature of power conferred on the state government under section 64 (h) (as added in punjab) of the motor vehicles act, 1939 to deal with the appellate orders passed by the appellate tribunal/ authority in appeal and the question was whether the ..... in : (1965)illj433sc . thirdly counsel contended that having regard to the introduction of a new part in the constitution by the 42nd amendment act, 1976, namely part xiv-a comprising two new arts. 323a and 323b dealing with the proposed constitution of tribunals administrative tribunals for adjudication of ..... power conferred under clause (h) was liable to be struck down as arbitrary and vague in the absence of any test or criteria being indicated therein by reference to which the power could be exercised and the punjab .....

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May 24 1977 (HC)

Nandlal Sohanlal, Jullundur Vs. the Commissioner of Income-tax, Patial ...

Court : Punjab and Haryana

Decided on : May-24-1977

Reported in : AIR1977P& H320; [1977]110ITR170(P& H)

..... of the supreme court have authoritatively laid down the side on which the courts tilt. in central india spinning and weaving and ., empress mills nagpur v. municipal committee : air1958sc311 , kapur, j. speaking for the court, observed: 'in construing these words of the statute if there are two possible interpretations then ..... full beach of this court answered the question in the affirmative on the ground that a firm was a separate assessable entity under the punjab general sales tax act and there was no machinery provided therein for assessing a firm after its dissolution in respect of its turnover of business before the said ..... payable by the firm itself, does not prevent a penalty being imposed on the firm. 10. in a case under the east punjab general sales tax act, the financial commissioner, punjab, had referred the following question to this court for its decision:-- 'whether a partnership firm, which is a registered firm under ..... clearly observed (at page 400) that in case of doubt, the construction most beneficial to the subject is to be adopted. in commr. of income-tax, punjab v. kulu valley transport co. p. ltd. : [1970]77itr518(sc) , their lordships of the supreme court on appeal from a decision of this high ..... was concluded against the assessee-firm by a division bench judgment of this court in m/s, dharam pal sat dev v. conimr. of income tax, punjab, j. and k. and chandigarh, patiala, income tax reference no. 11 of 1972, decided on january 4, 1973 : . the bench noticed that .....

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Feb 15 1977 (HC)

Jaswant Rai Vs. Commissioner of Wealth-tax

Court : Punjab and Haryana

Decided on : Feb-15-1977

Reported in : [1977]107ITR477(P& H)

..... also recognises the method by which the value of the property is determined for purposes of property tax under the laws and regulations relating to the municipalities and municipal corporations. in state of kerala v. p. p. hassan koya air 1968 sc 1201 the supreme court approved of the method of capitalization of ..... we may also mention that this value was arrived at on the basis of the report made by the valuation officer appointed under section 12a of the act. the learned counsel for the revenue has submitted that the order, dated january 7, 1975, passed by the income-tax officer, ludhiana, was not ..... year. but this rule is subject to limitations, for there should be finality and certainty in all litigations including litigation arising out of the income-tax act and an earlier decision on the same question cannot be reopened if that decision is not arbitrary or perverse, if it had been arrived at after ..... accepted as the basis for framing assessment of wealth-tax against another co-sharer of the same property for the same assessment year. under the act the incidence of taxation is the ownership of net wealth. if during the same assessment year the same quantity of wealth in possession of one ..... are of the view that the pleas raised on behalf of the assessee deserve to be upheld.7. section 3 of the wealth-tax act, 1957 (hereinafter called 'the act'), is the charging section and entitles the authorities to impose tax on the net wealth of an assessee on the corresponding valuation date. .....

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Jul 27 1977 (SC)

Miran Devi Vs. Birbal Dass

Court : Supreme Court of India

Decided on : Jul-27-1977

Reported in : AIR1977SC2191; (1977)3SCC496; [1978]1SCR188; 1977(9)LC487(SC)

..... months prior to the 1st january, 1939; and(b) the rental value of such building or rented land if entered in property tax assessment register of the municipal, town or notified area committee, cantonment board, as the case may be, relating to the period mentioned in clause (a).clause (b) admittedly was ..... 24, 1967, he filed an application under section 4 of the east punjab urban rent restriction act, 1949-hereinafter called the act, for fixation of the fair rent of the building. the senior sub-judge, hissar acting as the rent controller under the act, found the evidence adduced by the respondent insufficient to enable him to fix ..... year 1938. over the said prevailing rate, he has allowed the increase of 50% in accordance with sub-section (5) of section 4 of the act. the high court in revision has affirmed the decision of the district judge on the question of fixation of basic rent. we do not find any ..... would justify this court's arriving at a different conclusion.3. we shall read the relevant portion of sub-section (2) of section 4 of the act. it says:in determining the fair rent under this section, the controller shall first fix a basic rent taking into consideration-(a) the prevailing rates ..... circumstances was rs. 3/- per month as erroneously held by the district judge under clause (a) of sub-section (2) of section 4 of the act. mr. b.d. sharma, learned counsel for the respondent, however, submitted that the rent had been fixed taking into account the prevailing rate for the same .....

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