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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1977 Page 8 of about 103 results (0.148 seconds)

Jul 21 1977 (HC)

Mira Rani Dey Vs. Namita Goswami and ors.

Court : Kolkata

Decided on : Jul-21-1977

Reported in : AIR1977Cal372

..... show that the learned court was satisfied that the summons was duly served upon the defendant no. 3. in this connection mr. mukherjee refers to a decision reported in : air1967delhi28 (punjab oil expel-lers co., ghaziabad v. madan lal nanda and sons. it has been held that the provisions of the code impose an obligation on the court to satisfy itself ..... so, it cannot be said that mira rani cannot proceed with her application under order 9, rule 13. on this point mr. mukherjee first relies on a case reported in (1911) 15 cal wn 798 (intu meah v. dar baksh bhuiyan). in this case it has been held that 'where a decree was passed against several defendants against some of whom ..... that ths application is barred by limitation, mr. mukherjee submits that even assuming that the defendant had knowledge of the suit, for the application of article 164 of the limitation act it is necessary to ascertain when the defendant applying for setting aside the ex parte decree had knowledge of the decree. mere knowledge of the date of the suit would .....

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Dec 02 1977 (HC)

R.C. Abrol and Co. (Pvt.) Ltd. Vs. A.R. Chadha and Co.

Court : Delhi

Decided on : Dec-02-1977

Reported in : AIR1978Delhi167; [1979]49CompCas77(Delhi); 14(1978)DLT35; 1978RLR163

..... r. c. abrol & co. (p) ltd. was ordered to be wound up by order dated august 19, 1966 passed by the circuit bench of the punjab high court at delhi on a petition dated march 4, 1966 filed for this purpose.7. on august 18, 1971 the official liquidator of the said company filed ..... trivandrum v. t. p. kunhaliumma, : [1977]1scr996 overruled its earlier view expres.4ed in town municipal council, athani v. presiding officer labour court, hubli : (1969)iillj651sc , and held that art. 137 of the limitation act, 1963 is not confined only to applications contemplated by or under the code of civil procedure. the supreme ..... counsel makes the concession rightly for the simple reason that even after the official liquidator is given the benefit of s. 458-a of the act by excluding the time contemplated by that section, the claim petition in the present case was filed on behalf official liquidator only on 18th august, ..... going into the question of the meaning of the word 'claim' as interpreted by the learned company judge in relation to s. 446(2) of the act, the petition filed under s. 446(2) by the official liquidator against respondent no. 1 in the company application, would, in any case, be barred ..... company (respondent no. i in the claim petition) was barred by time and unenforceable under clause (b) of s. 446(2) of the companies act and dismissed the application against the said respondent. the application of the official liquidator against respondents 2 to 5 in the said claim petition was, however, .....

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Dec 16 1977 (HC)

Bal Krishna Tiwari Vs. Registrar of Awadhesh Pratap Singh, University, ...

Court : Madhya Pradesh

Decided on : Dec-16-1977

Reported in : AIR1978MP86; 1978MPLJ172

..... well established, but on the facts and circumstances of the present case, these cases are clearly distinguishable.23. in k. r. shenoy v. udipi municipality, air 1974 sc 2177, it was held that an excess of statutory power cannot be validated by acquiescence in or by the operation of an ..... air 1955 sc 504; bihar e. g. f. co-op. society v. sipahi singh, air 1977 sc 2149; mathura parshad & sons v. state of punjab, air 1962 sc 745; excise commr. v. ram kumar, air 1976 sc 2237 and gappulal v. state of m. p., 1971 mplj 547 : (1971 tax ..... the university would have accepted the interpretation in favour of the petitioner particularly in respect of the meaning of the expression 'university established under this act.' thus, there being also violation of natural justice, the petitioner is entitled to a suitable writ.27. in shri krishan v. kurukshetra university, ..... referred to as the repealed enactment);(ii) the universities established under the repealed enactments shall be deemed to be the universities established under this act and shall be known by the name of the respective universities with headquarters at places and territorial jurisdiction over the areas as specified in ..... affected. their aim is to prevent miscarriage of justice. where there is violation of principles of natural justice, proceedings can be quashed by certiorari. acts of public authorities, judicial, quasi-judicial or administrative, can be challenged when the rules of natural justice have been contravened,7. however, the rules .....

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Oct 05 1977 (HC)

The Director, Enforcement Directorate Cabinet Secretariat Deptt. Perso ...

Court : Kolkata

Decided on : Oct-05-1977

Reported in : AIR1978Cal65,[1978]48CompCas649(Cal),82CWN61

..... 18. mr. chakraborty, appearing for the appellant, has placed strong reliance on some of the recent decisions of the supreme court in chanan singh v. registrar co-operative societies, punjab, : (1976)iillj98sc , disciplinary proceedings against an employee were dropped by an enquiry officer who was not competent to impose the punishment. the proceedings were revived by the competent ..... foreign exchange: it was necessary to ensure that foreign exchange resources were conserved in the national interest until it was possible to dispense with exchange control altogether. the act was also making provisions for departmental inquiry and adjudication of foreign exchange offences by appropriate authorities. the whole idea, therefore, was to see that the country's foreign ..... established channels of trade. legislation was, therefore, necessary to give the central government powers to continue to control all transactions in foreign exchange, securities etc. the original act was a temporary one but it has been found that india continued to be short of foreign exchange end it was difficult to visualise that in any foreseeable future ..... ) ) 'inter-connected undertakings' (section 2(g)) and 'monopolistic undertakings' (section 2(j)); but there is no definition of 'larger industrial houses' either in mrtp or any other act. the expression 'larger industrial houses,' according to mr. ray, is therefore vague and indefinite. 53. from the mass of evidence placed before us by mr. chakraborty it is clear that .....

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Dec 19 1977 (HC)

General Fibre Dealers Ltd. Vs. Income-tax Officer and ors.

Court : Kolkata

Decided on : Dec-19-1977

Reported in : [1979]116ITR40(Cal)

..... my attention to several decisions. first, he referred to certain cases dealing with the question of pension and placed reliance on the observations of the punjab high court in the case of bhagwant singh v. union of india, , where it was held that pension granted to public servant was property ..... assumed jurisdiction which they did not possess. the supreme court had further observed that in attempting to bypass the provisions of the i.t. act by inviting the high court to decide the questions which were primarily within the jurisdiction of the revenue authorities, the party approaching the court had ..... i have mentioned before, it is necessary to precisely state the issue involved in this case. in case of illegal taxation the question of acting contrary to the provision of the constitution would arise because article 265 of the constitution provides that no tax would be levied or collected except ..... in this application. the question will have to be determined in the light of article 226 of the constitution, as amended by the 42nd amendment act. on behalf of the petitioner, it was contended that even under article 226 of the constitution, as amended, this would be entertainable, and the ..... as i had pointed out in my previous decision, would result. but their lordships of the allahabad high court referred to section 2 of the act which provided the definition with the words 'unless the context otherwise requires'. according to their lordships of the allahabad high court, if the context of .....

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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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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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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]108ITR111(P& H)

..... 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.in commissioner of income-tax v. ashok leyland ltd. : [1972]86itr549(sc) , the question arose whether, by terminating the services ..... the town including provision of the 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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Aug 24 1977 (HC)

S.R. Patel and ors. Vs. Manager, Sharda Vidyalaya and ors.

Court : Gujarat

Decided on : Aug-24-1977

Reported in : (1978)19GLR751

..... exercise of supervisory jurisdiction for correcting errors of jurisdiction committed by inferior courts or tribunals though that jurisdiction is different from the appellate jurisdiction. (vide swaran singh v. state of punjab : air1976sc232 what was pointed out in the context of article 227 would still be applicable even under the new package deal of amendments in the forty second constitutional amendment so ..... the entire scheme of this legislation has been interpreted by this court in satsangi shishuvihar kelaroni trust v. p.n. patel . the relevant provision in section 38(1) provides t(1911) 18 g.l.r. 615hat where there is any dispute or difference between the manager of a registered private school and any person in service of such school as headmaster ..... in view of the aforesaid settled legal position.11. even the other question gets concluded because the subordination contemplated under the corresponding section 3 of the earlier contempt of courts act was in terms held to mean judicial subordination and not subordination under the hierarchy of courts under the code of civil procedure or the code of criminal procedure. therefore, ..... of various kinds of all courts and tribunals in appropriate cases. their lordships in terms held that the subordination for the purpose of section 3 of the contempt of courts act, 1952, also meant judicial subordination and not subordination under the hierarchy of courts under the code of civil procedure or the code of criminal procedure.10. if the same .....

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Jul 27 1977 (HC)

Ram Kumar and ors. Vs. Tara Chand and anr.

Court : Punjab and Haryana

Decided on : Jul-27-1977

Reported in : (1977)79PLR737

..... appellate court has exercised jurisdiction either illegally or with material irregularity.7. in the same strain mr. jaiswal has referred me to the judgment of the supreme court in the municipal corporation of delhi v. suresh chandra jaipuria, air 1976 sc 2621. it was on the facts of that case that interference by the high court with the concurrent findings of .....

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