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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1993 Page 9 of about 246 results (0.198 seconds)

Sep 27 1993 (HC)

Procter and Gamble India Limited and anr. Vs. the Municipal Corporatio ...

Court : Mumbai

Decided on : Sep-27-1993

Reported in : 1994(3)BomCR403

..... ltd. v. assistant commr. of sales tax, : [1968]1scr505 and those contained in certain other enactments like the bombay and calcutta municipal acts specifically prohibit the very entertainment of the appeal if the tax is not paid. when the bmc act has carefully avoided the use of that word, we must give full effect to the differential wording. also, the absence of a ..... to octroi. on recording such a finding, this court thought it proper to relegate the party to the alternate remedy of an appeal under section 406 of the bombay provincial municipal cororation act, 1949. he, therefore, contended that the ratio of the decision in the wandleside national conductors' case is not applicable to the facts of the present case.v) similarly, in ..... bombay. under the said letter - exhibit 'j', the first petitioner company was informed that its product 'chatpat churanets' attracted octroi under entry 8 of schedule `h' to the bombay municipal corporation act, 1888. schedule `h' deals with articles liable to payment of octroi. class-i in the said schedule `h' deals with the articles of food and drink. entry 8 deals with ..... , : (1958)iillj259sc , on which shri walawalkar sought to place reliance, a government servant complained of wrongful dismissal under the order dated september 16, 1954. he moved the high court of punjab by way of a writ petition to quash the order of dismissal. the high court held that the government servant had been denied the opportunity, inter alia, to cross-examine .....

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Nov 02 1993 (SC)

State of J and K Vs. J and K High Court Bar Association, Srinagar and ...

Court : Supreme Court of India

Decided on : Nov-02-1993

Reported in : 1995(2)SCALE239; 1994Supp(3)SCC708

order1. special leave granted.2. on a petition filed under article 226 of the constitution by the bar association of jammu and kashmir at srinagar, a division bench of the high court comprising nathur, cj, and kochhai, j, directed the respondents by the order dated 22nd october 1993 to permit shri z.a. shah, advocate, and counsel for the petitioner to enter the hazratbal shrine and report all the matters enumerated in the said order. as the state had an objection to the access of shri shah into the shrine it approached this court by way of a special leave petition (no. 17239/93). this court passed an order on 24.10.93 permitting the state to seek a modification of that order, in that, in place of shri shah a team of willing red-cross personnel (not exceeding five in number) may be permitted to enter the shrine and report all matters enumerated in the high court, if it so pleased. it appears that thereafter on the state's motion, the high court modified the order whereby four medical officers were appointed in place of shri shah to visit the hazratbal shrine in compliance with its order of 22.10.93. the said team of medical officers submitted a report to the high court on 29.10.93 inter alia stating that the total number of persons inside the shrine were 80 in addition to some other persons whom they were not allowed to see. amongst the persons present in the shrine seen by this team of medical officers were one woman, 21 sick persons, out of whom two were serious but no child .....

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Nov 10 1993 (HC)

United Hire Purchase and Land Finance (P). Ltd., (In Liqn.) Vs. Shri K ...

Court : Punjab and Haryana

Decided on : Nov-10-1993

Reported in : (1993)105PLR438

..... claimant right to apply accrued on february 4, 1977. thus, the official liquidator had 3 years plus the maximum advantage of section 458a of the act which would the exclusion of 1 year plus another year and 4 months. thus, the official liquidator could have presented the application within five years and ..... of the winding up order, the present petition is within time. section 458a starts with a non obstante clause that is notwithstanding anything contrary to the indian limitation act, 1908.11. the point in issue is not res integra. the matter has been considered in unico trading & chit funds (india) p. ltd. v. ..... pendency of the winding up petition and one year following the winding up order to the three years period prescribed under article 137 of the limitation act. according to him, the limitation in this case would expire after 9 years of the passing of the winding up order i.e. 3 years ..... be wound up in august, 1985. according to him after excluding one year from the date of winding up order under section 458a of the companies act and another three years which are given under article 137, the limitation expired in the year 1989 whereas the present petition was filed in the year ..... 15 of the limitation act provide for exclusion of time under certain circumstances. it is well settled that in applying those provisions, the periods excluded have to be added to the prescribed period (see maqbual ahmad v. onkar pratap, a.i.r. 1935 p.c. 85, and bhagwan swarup v. municipal board, ujhani, a .....

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Apr 15 1993 (SC)

Ferro Alloys Corpn. Ltd. Vs. A.P. State Electricity Board and Another

Court : Supreme Court of India

Decided on : Apr-15-1993

Reported in : AIR1993SC2005; JT1993(3)SC82; 1993(2)SCALE593; 1993Supp(4)SCC136; [1993]3SCR199

..... in the conditions aforesaid. for these reasons we are satisfied that the requirement of security for three months average consumption charges by way of cash deposit is reasonable.112. in municipal corporation for greater bombay v. d.m. industries air 1498 bom 242 it was observed thus:this brings us to the last argument advanced by mr. hidyatullah that clause ..... deposit of money as in commercial transaction. in demanding security deposit it is open to the court to take note of pilferage as laid down in ashok soap factory v. municipal corporation of delhi : [1993]1scr124 :--the variation in the electricity consumed by different consumers indicated that the charge of pilferage of electricity and gross under-utilisation or consumption of ..... submission, the learned counsel placed his reliance on:48. the collector of customs, madras v. nathella sampathu chetty v. nathella sampathu chetty 1962 (3) scr 786, vivian joseph ferreira v. municipal corporation of greater bombay : [1972]2scr257 , b banerjee v. anita pan : [1975]2scr774 and fatehchand himmatlal v. state of maharashtra : [1977]2scr828 .49. the last submission of the learned ..... liable to be increased.punjabw.p. no. 1317 of 199083. in this writ petition, the challenge is to the validity of sections 49 and 79 of the supply act. according to the respondent (punjab state electricity board), the writ petition is not maintainable. a challenge to the imposition of advance consumption of deposit does not involve any fundamental right.84. the .....

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Mar 17 1993 (HC)

Jetinder Pal Singh and Others Vs. the State of Haryana and Others

Court : Punjab and Haryana

Decided on : Mar-17-1993

Reported in : AIR1993P& H293; (1993)104PLR425

..... fit to make with regard to the scheme. provision for service of notice of proposed acquisition of land has been made under s. 38. section 39 of the act provides that the municipal committee shall furnish the chairman at his request and on payment of such fees as may be prescribed by rule made under s. 73 with a copy of such ..... of haryana respectively, have since lapsed. in view of the said statement these writ petitions have become infructuous.14. resultantly, the constitutional validity of section 44-a of the punjab town improvement act, (iv of 1922), is upheld but in view of the schemes involved in the three writ petitions having lapsed, as stated by the deputy advocate general, haryana at the ..... which these appeals are filed and remand the cases to the high court to consider only the question relating to the constitutional validity of s. 44-a of the punjab town improvement act, 1922, as in force in haryana and the notifications issued from time to time under the proviso to the said section granting extension of the periodfor the completion of ..... 1982, decided, on december 9, 1982. consequently, the writ petition is allowed and the impugned acquisition proceedings emanating from the notifications published under ss. 36 and 42 of the punjab town improvement act, are hereby quashed qua the petitioners.'the improvement trust, karnal, aggrieved by the abovesaid decisions of this court filed appeals before the apex court. the same were disposed of .....

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Dec 10 1993 (HC)

State Bank of Patiala Vs. Joint Hindu Family Firm Inder SaIn Nanak Cha ...

Court : Punjab and Haryana

Decided on : Dec-10-1993

Reported in : (1993)105PLR520

..... floor was completed within a period of two months. the testimony of pw-3 willam azad lends full corroboration to his evidence. willam azad was a municipal engineer employed with gharaunda municipality from 1964 to 1982. according to him, site plan ex. p1 was submitted by the landlord on 3.11.1976 and it was passed on ..... time after 3.1.1977 and was completed within two months thereafter. it has also come in the evidence of pw-3 willam azad, the municipal engineer, that the site plan ex.p-2 for the construction of the strong room on the ground floor of the demised premises was approved by the ..... municipal committee, gharaunda on 8.8.1977 and site plan ex.p-3 in respect of the first floor was approved on 26.2.1979. thus, ..... therein could not be enforced against the landlord.7. in order to appreciate the rival argument it is expedient to examine the relevant provisions of the act.8. the act was passed with the object to control the increase of rent of certain buildings and rented lands situated within the limits of urban areas and eviction ..... , wherein it was held that it is undisputed that the provisions of section 106 of the transfer of property act are not applicable to punjab (at the relevant time area now in haryana was also included in the erstwhile state of punjab). however, the principles of the said section have been generally applied and that a notice in .....

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Feb 04 1993 (SC)

Raghunathrao Ganpatrao Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Feb-04-1993

Reported in : JT1993(1)SC374; 1993(1)SCALE363; 1994Supp(1)SCC191

..... ruler of a former indian state as privy purse on political considerations and under political sanctions and not under a right legally enforceable in any municipal court is strictly a political pension within the meaning of section 60(1)(g) of the cpc. the use of the expression 'privy purse ..... its essential essential political character is preserved by article 363 of the constitution, and the obligation under this guarantee cannot be enforced in any municipal court. moreovr, if the president refuses to recognise the person by whom the convenant was entered into as the ruler of the state, he ..... which they were contiguous. five were' taken over individually as chief commissioners' provinces under the direct control of the government of india besides twenty-one punjab hill states which comprised himachal pradesh. three hundred and ten were consolidated into six unions, of which vindhya pradesh was subsequently converted into a chief ..... territories and vested it in the new united state of madhya bharat. the convenant was in act of state, and any violation of its terms cannot form the subject of any action in any municipal courts. the guarantee given by the government of india was in the nature of a ..... judges came before an eleven-judges bench of this court in golak nath v. state of punjab : [1967]2scr762 involving another round of attack on three amendment acts, namely, the first, fourth and seventeenth amendment acts. this court by a ratio of six to five held that the parliament had no power .....

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Jan 21 1993 (HC)

Haryana Tourism Corporation Limited Vs. Haryana State Board for the Pr ...

Court : Punjab and Haryana

Decided on : Jan-21-1993

Reported in : AIR1993P& H272; (1993)104PLR15

..... visitors visiting or staying in the complexes.6. the stand of the respondents cannot be accepted. as already noticed, the local authority means a municipal corporation or any other body entrusted with the duty of supplying water under the law by or under which it is constituted. in the present case ..... the rate specified in the corresponding entry in column (2) thereof. clause (a) of section 2 defines the local authority to mean any municipal corporation or a municipal committee or a cantonment board or any other body, entrusted with the duty of supplying water under the law by or under which it is constituted ..... plea of estoppel be accepted, cannot be sustained. once it is held that the petitioner corporation is not liable to pay cess under the 1977 act, the question of estoppel does not arise. similarly, the respondents cannot take any advantage of the fact that the petitioner-corporation had at one time ..... cannot be said to be liable to pay cess under the 1977 act. a bare reading of the provisions of the said act as already noticed, clearly go to show that cess is payable by a local authority such as municipal corporation or cantonment bourd which supply water to its residents in the ..... 3, no cess is payable by the petitiener-corporation as it is not carrying on any of specified industries contained in schedule i of the 1977 act. under no circumstance, the petitioner-corporation can be said to be carrying on an industry engaged in processing of animal or vegetable products. faced with .....

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Oct 11 1993 (SC)

Bakshish Singh Vs. M/S. Darshan Engineering Works and Others

Court : Supreme Court of India

Decided on : Oct-11-1993

Reported in : AIR1994SC251; JT1993(6)SC85; (1994)ILLJ197SC; 1993(4)SCALE99; (1994)1SCC9; [1993]Supp3SCR178

..... is wholly insufficient relief and two retirement benefits when the finances of the concern permit ought to be followed. the court then observed that ahmedabad municipal corporation case [supra] as well as the nundydrooq mines ltd. case [1956] lac 265were cases where gratuity was to be allowed to the ..... been laid down in the labour courts' decisions in this country. the court then referred to the labour appellate tribunal's decision in ahmedabad municipal corporation case [1985] lac 155 where it was observed as under:the fundamental principle in allowing gratuity is that it is a retirement benefit ..... not accept the analogy which was sought to be drawn between the definition of 'retrenchment' contained in section 2[oo] of the industrial disputes act, 1947 and the retrenchment compensation payable on account of the retrenchment and the 'gratuity' payable under the scheme. it pointed out that the ..... as unconstitutional.in the garment cleaning works v. its workmen : (1961)illj513sc , the industrial tribunal had on a reference under the industrial disputes act framed a gratuity scheme providing, among others, that on retirement or resignation of a workman after 10 years' service, 10 days' consolidated wages for ..... - are directed against the decision dated 24th march, 1983 of the punjab & haryana high court whereby the high court has struck down section 4[1](b) of the payment of gratuity act, 1972 [hereinafter referred to as the 'act'] as being violative of article 19[1](g) of the constitution of .....

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Jan 07 1993 (HC)

Ram Sarup Vs. State of Haryana and Others

Court : Punjab and Haryana

Decided on : Jan-07-1993

Reported in : AIR1993P& H204

..... and general mills, thanesar, district kurukshetra, seeking quashing of the notification dated 26th june, 1980 under s. 4( i xb) of the punjab scheduled roads and controlled areas restriction of unregulated development act, 1963 (hereinafter referred to as the 'act') and the complaint filed in pursuance thereof.2. briefly the facts giving rise to the present appeal are as follows:-1. there is ..... 18. in the circumstances, we cannot accept the contention raised on behalf of the appellant. the notification issued by the government is a valid notification under s. 4 of the act. the appeal is consequently dismissed. the parties are directed to bear their own costs. the parties are further directed to appear before the magistrate kurukshetra where the criminal complaint is ..... by the haryana government on 26th june. 1980, which was published on 29th july, 1980 under the act. on 25th august. 1980, an application was submitted for sanction of the said constructions and it has been alleged that on 16th september, 1980, the municipal engineer certified that there was no objection to the installation of singla industries on salarpur road. when the ..... a single rice and general mills situated in thanesar, district kurukshetra. ram sarup, petitioner, is a partner of the same. this mill was constructed in the year 1972 and is situated within the municipal limits of .....

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