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Sep 05 2008

Janglu Pandurang Mali Vs. Shahaji Narayanrao Mali and anr.

Court : Mumbai

Decided on : Sep-05-2008

Subject : Property

Acts : Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 - Sections 31, 31(1), 31(3) and 38; Specific Relief Act - Sections 38; Bombay Provincial Municipal Corporations Act; City of Nagpur Corporation Act, 1948; Maharashtra Municipalities Act, 1965; Cantonments Act, 1924; Maharashtra Regional and Town Planning Act, 1966 - Sections 40 and 113; Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 63

Reported in : 2009(1)BomCR166; 2009(2)MhLj578

a municipal council is constituted under the Maharashtra Municipalities Act, 1965; or(iii) a cantonment is constituted under the Cantonments Act, 1924; or(b) which is situated in a notified area for which a Special Planning Authority is constituted or appointed … Act, 1947, at the relevant time?(V) Whether the lower Appellate Court was right in considering the provisions of Section 38 of the Specific Relief Act, to grant injunction against the defendants 78. As the appeals have been admitted

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Mar 10 1995

Municipal Corporation for City of Pune and Another Vs. Bharat Forge Co ...

Court : Supreme Court of India

Decided on : Mar-10-1995

Subject : Other Taxes

Acts : Cantonments Act, 1880 - Sections 21, 22; Cantonments Act, 1924 - Sections 45(1), 60 to 63 and 81(2) and 255; General Clauses Act - Sections 21; Constitution of India - Articles 21, 226 and 265; Bombay Municipal Act, 1872; Bombay District Municipal Act, 1873; Cantonments Act, 1910; Bombay Provincial Municipal Corporations Act, 1949 - Sections 32(4); Limitation Act, 1623; Sex Disqualification Act, 1919; Statute Law (Repeals) Act, 1906; Central Sales Tax Act, 1956 - Sections 8(2); Cantonment (Extention of Rent Control Laws) Act, 1957 - Sections 3

Reported in : AIR1996SC2856; JT1995(3)SC312; 1995(2)SCALE245; (1995)3SCC434a; [1995]2SCR716; (1995)2UPLBEC740; (1995) 3 SCC 434

Notification relating to assessment, collection and recovery of octroi duties.8. After the aforesaid Notifications had been issued, the Cantonments Act, 1924 was enacted. Chapter V of this Act is on the subject of 'Taxation'; and Sections 60 to 63 … started levy and recovery of octroi form 1875-76. The Cantonments Act, 1880 was enacted on 5th February, 1980. Section 21 of this Act permitted imposition by the Local Government, with the previous sanction of the Governor-General in … (P) Ltd. v. Addl. Commissioner, Sales Tax : [1978]3SCR98 and at page 383 of Deshbandhu Gupta v. Delhi Stock Exchange : [1979]3SCR373 (to which our

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Oct 12 1978

P.S. Gill and ors. Vs. Union of India and ors.

Court : Delhi

Decided on : Oct-12-1978

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 4; Delhi Development Act, 1957; Indian Works of defense Act, 1903; Cantonment Act, 1924; Constitution of India - Article 226

Reported in : 16(1979)DLT266; ILR1979Delhi601; 1979RLR497

been included within the limits of the Cantt. by a notification dated 2-5-1942 under Section 4(3) of the Cantonments Act. 1924 (hereinafter referred to as 'the 1924 Act'). On 4th December. 1962, notifications were issued by the Government of … withdraw the notification if considered necessary or advisable, (vide Section 21 of the General Caluses Act, 1897 and Section. 38 of the 1903 Act) The land may also continue to be kept as such reserved for the future

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May 09 2002

Jagat Singh S/O Late Chaudhary Badri Singh Vs. the Estate Officer, Del ...

Court : Delhi

Decided on : May-09-2002

Subject : PropertyConstitution

Acts : Public Premises (Eviction of Unauthorized Occupants) Act, 1971 - Sections 2, 2(1), 2(2), 3, 3(1), 4(1), 5A, 5A(1), 5A(2), 5B, 5C and 9; Wealth Tax Act, 1957; Cantonments Act, 1924 - Sections 10, 108, 178A, 184 and 185; Constitution of India - Articles 226 and 227; Cantonment Land Administration Rules, 1937; Cantonment Property Rules, 1925; Companies Act, 1956 - Sections 3; Public Premises (Eviction of Unauthorized Occupants) (Amendment) Act, 1980

Reported in : 2002VAD(Delhi)713; 98(2002)DLT151; 2002(63)DRJ756

as defined in Section 2(e) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 read with the Cantonments Act, 1924 is the subject of decision in this case.Facts 2. The Petitioner is said to be in unauthorized occupation … of Words and Phrases (6th Edition) reference is made to St. Thomas's Hospital v. Hudgell, [1901] 1 KB 381 and in respect of 'belong' or 'belonging' it is said:'In describing ownership of land, property 'belonging' to a

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Jan 04 2001

Dilip Baruah Vs. State of Assam and ors.

Court : Guwahati

Decided on : Jan-04-2001

Subject : Constitution

Acts : Constitution of India - Articles 38, 38(1) and 38(2), 41, 51, 226, 256 and 356; Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995 - Sections 2, 32 and 33; Cantonment Act, 1924

(i) in relation to the Central Govt. or any establishment whollyor substantially financed by the Government, or a Cantonment Board constituted under the Cantonment Act, 1924 the Central Government; (ii) in relation to a State Government or … Govt. or any establishment whollyor substantially financed by the Government, or a Cantonment Board constituted under the Cantonment Act, 1924 the Central Government; (ii) in relation to a State Government or any establishment wholly or substantially financed by … India shall have the force of municipal law without appropriate legislation.'. Articles 38 and n 41 of the Constitution of India are as follows:- '38(1) … 10. The appropriate Govt. mentioned in this Act is also defined under section 2(a), which are as follows: - '2(a) appropriate Govt. means:- (i) in

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Jan 04 2001

Dilip Baruah Vs. State of Assam and ors.

Court : Guwahati

Decided on : Jan-04-2001

Subject : Constitution

Acts : Constitution of India - Articles 38, 38(1) and 38(2), 41, 51, 226, 256 and 356;; Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995 - Sections 2, 32 and 33;; Cantonment Act, 1924

(i) in relation to the Central Govt. or any establishment whollyor substantially financed by the Government, or a Cantonment Board constituted under the Cantonment Act, 1924 the Central Government; (ii) in relation to a State Government or … Govt. or any establishment whollyor substantially financed by the Government, or a Cantonment Board constituted under the Cantonment Act, 1924 the Central Government; (ii) in relation to a State Government or any establishment wholly or substantially financed by … India shall have the force of municipal law without appropriate legislation.'. Articles 38 and n 41 of the Constitution of India are as follows:- '38(1) … hand.10. The appropriate Govt. mentioned in this Act is also defined under section 2(a), which are as follows: -'2(a) appropriate Govt. means:- (i) in relation

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Feb 15 2006

Jagat Pal Cheema Vs. Cantonment Board and ors.

Court : Jammu and Kashmir

Decided on : Feb-15-2006

Subject : Service

Acts : Cantonment Act, 1924 - Sections 13(5), 14(1), 37, 39, 40, 43, 51, 51(1) and 52; ;Cantonment (Amendment) Act, 1942 - Section 52(1); ;Constitution of Jammu and Kashmir - Section 103; ;Constitution of India - Article 226

Reported in : 2006(2)JKJ631

dated 06-08-01 to the Cantonment Board, Jammu, while exercising the powers vested under Section 52 of the Cantonment Act, 1924 (hereinafter called the Act) in respect of a decision taken by the Board by their Cantonment Board Resolution … May, 2001.2. In pursuance of the aforesaid order passed by this Court, the matter was placed before the Cantonment Board and the Cantonment Board in its meeting held on 18-05-2001, afforded an opportunity of hearing to the … day, and an adjourned meeting may be further adjourned in like manner.Section 38....Section 39. Quorum:1/The quorum necessary for the transaction of business at a meeting

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May 03 2006

Adityapur Industrial Area Development Authority Vs. Union of India (Uo ...

Court : Supreme Court of India

Decided on : May-03-2006

Subject : Direct Taxation

Acts : Finance Act, 2002; Income Tax Act, 1961 - Sections 10, 10(20), 10(20A), 28, 38 and 38(2); Bihar Industrial Areas Development Authority Act, 1974 - Sections 7 and 17; Cantonments Act, 1924 - Sections 3; General Clauses Act - Sections 3(3); Contract Act; Road Transport Corporation Act, 1950; Maharashtra Industrial Development Act, 1961; Constitution of India - Articles 243, 243P, 285, 289, 289(1), 289(2) and 289(3)

Reported in : AIR2006SC2375; (2006)202CTR(SC)464; [2006]283ITR97(SC); [2006(4)JCR202(SC)]; 2006(5)SCALE321; (2006)5SCC100; 2006(1)LC713(SC)

or management of a Municipal or local fund; or(iv) Cantonment Board as defined in Section 3 of the Cantonments Act, 1924 (2 of 1924).6. It would thus be seen that the income of a local authority chargeable under the … and Central Governments on the other. Take for instance the case of supersession of the Corporation authorized by Section 38. Section 38(2)(c) emphatically brings out the fact that the property really vests in the corporation, because it provides

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Feb 26 2008

Nilesh Singhal Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Feb-26-2008

Subject : Constitution

Reported in : [2008(118)FLR871]

or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonment Act, 1924 and in relation to a … or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonment Act, 1924 and in relation to a State Govt.or any establishment wholly or substantially financed by that Govt. or any … disability employed in the establishment in such form and in such a manner as prescribed by the authority. Section 38 gives power to the appropriate Government and local authorities, who shall by notification formulate schemes for ensuring employment

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Dec 12 2003

Syed AmeeruddIn Quadri and ors. Vs. Sri Laxmi Chits and ors.

Court : Andhra Pradesh

Decided on : Dec-12-2003

Subject : Civil

Acts : Andhra Pradesh Agency Rules, 1924 - Rule 35; Code of Civil Procedure (CPC) , 1908 - Sections 38

Reported in : 2004(4)ALD438

Agency Area - no prohibition against Court executing its decree if such Court situated within Agency Area. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … on the ground that Rule 35 of the Andhra Pradesh Agency Rules, 1924 framed under Section 6 of the Scheduled Districts Act, 1874 (in short … competent Court, the said Court or any other competent Court would have definitely jurisdiction to execute the decree.5. Section 38 of the Civil Procedure Code deals with the execution of decree, which specifies that a decree may be

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