Court : Supreme Court of India
..... the area comprising the city of bangalore as defined in the city of bangalore municipal corporation act, 1949 (karnataka act 69 of 1949), the areas where the city of bangalore improvement act, 1945 (karnataka act 5 of 1945) was immediately before the commencement of this act in force and such other areas adjacent to the aforesaid as the government may from time to time by notification specify.clause (j) of section 2 of the bda act defines 'development' as follows: 'development' with its grammatical variations means the carrying ..... division bench held:(i) bda is not a municipality and the provisions of the bda act, which is a special legislation, are not inconsistent with parts ix and ix(a) of the constitution of india or the provisions of the karnataka municipal corporations act, 1976 or the karnataka municipalities act, 1964; and the provisions of bda act are neither impliedly nor expressly repealed by part ix or ix(a) of the constitution. ..... 243y requires the finance commission constituted under article 243i to review the financial position of municipalities and make recommendations, article 243z requires audit of accounts of municipalities. ..... allah rakhia air 1947 pc 72, lakhi narayan ..... province of bihar air 1950 fc ..... : air 1958 sc 468:now, in considering the question as to the effect of unconstitutionality of a statute, it is necessary to remember that unconstitutionality might arise either because the law is in respect of a matter not within the competence of the legislature, or .....
Tag this Judgment!Court : US Supreme Court
..... waivers by them of the statutory period for another year; that, while these waivers were still in force and while the corporations' liability was thus still alive, the revenue acts of 1924 and 1926 were passed, increasing the period for collection to six years after assessment; that these acts are applicable to the cases at bar, and that, since the collections were made within six years after the assessments, they were timely made. ..... the corporations concede that 239 defined the nature of the return required and referred to in the several provisions of the act, and that form 1031t did not comply with that section; but, in support of their contention that the tentative return, form 1031t, started the running of the period of limitation, they present the following arguments. ..... it is urged that this construction of the acts causes discrimination against taxpayers who obligingly consented to additional time for assessment and collection, and in favor of those who obdurately refused such consent or whose returns were not audited, prior to the bar of the statute, for the purpose of assessing deficiencies. ..... " the necessities of the government made it undesirable that payments on account of the first installment of taxes be postponed. ..... section 1100 of the revenue act of 1924 repealed the 1921 act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1995Bom456; 1995(4)BomCR231
..... plaintiff not being a person falling in any of the categories under section 139(1)(b), charge as envisaged under section 141 of the bombay provincial municipal corporations act, 1949 is not applicable in the facts and circumstances of the case and, therefore, according to my opinion, theargument as advanced by the ..... 4-corporation is for the period 1953-54 to 1956-57 and in view of section 139, it was the liability of chandulal ..... 4-corporation that against the suit property, arrears from 1953-54 to 1956-57 were due and, therefore, court may pass an order to release the aforesaid amount towards the appropriation of ..... per the provisions of the bombay provincial municipal corporations act, 1949, the corporation was entitled to recover the property taxes due from the property and even though the plaintiff was not the owner of the property in the years 1953-54 to 1956-57, still, under the law, defendant ..... 4-corporation is not entitled to recover the tax for the period 1953-54 to 1956-57 since he had become owner of the property on 13-4-1966, there was no need to make the bank of maharashtra as party to the suit as bank of ..... 4-corporation was entitled under the law to recover the property tax due from chandulal gandhi, who was the owner of the property during the period 1953-54 to 1956-57 from the present plaintiff, who purchased the said property much subsequently on 13-4-1966, more particularly keeping in mind that the property belonging to chandulal gandhi was purchased on 29-9-1957 by .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR41; 1998(2)BomCR826
..... vii of 1994 was to amend bombay municipal corporation act 1888, bombay provincial municipal corporation act 1949, the city of nagpur corporation act, 1943 and the maharashtra municipal councils act, 1965 in order to bring the said enactments in line with the constitution (74th amendment) act, 1992 and to give effect to the said 74th amendment act, 1992. ..... x of 1994 and even if the municipal council act was amended with effect from 31-5-94 and the said ordinance was repealed, in view of section 163(2) of the maharashtra municipal corporations and municipal councils (amendment) act, 1994 any action taken (including any election programme declared by the state election commissioner) under or in pursuance of the said ordinance, shall continue to have effect and section 7 of the bombay general clauses act, 1904 shall apply with regard to effect of the said repeat. ..... it is not necessary to examine the case law because the principles enunciated with regard to repeal and saving clauses are well settled and also because in the present case we are concerned with interpretation of section 163 of the maharashtra amendment act no. ..... in the circumstances, section 163(2) squarely applies, and it saves the entire action taken under the said two ordinances notwithstanding the repeal of the ordinances on 6th december 1994 when maharashtra amendment act no. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1981Kant193
..... , respectively, be distributed among---(a) the state government,(b) the reserve bank,(ba) the development bank, (c) scheduled banks, insurance companies, including the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956, investment trusts, co-operative banks or other financial institutions, and(d) parties other than those referred to in clauses (a), (b), (ba) and (c):provided that the number of shares which may be allocated to the parties referred to in clause (d) shall in no case exceed twenty-five percent, of the total ..... such a state of affairs will exist only it parliament may at any time make adding to, or amending, varying or repealing the law made by the state legislature under the proviso to art. ..... it may be a weighty consideration to be taken into account but the weightier consideration is whether the administrative action entails civil consequences. ..... it may also be pointed out in this context that a full bench of the travancore-cochin high court, reported in air 1954 trav-co 518, has observed that item no. ..... municipal committee, air 1961 sc 1486).18. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR86; 1993(1)KarLJ84
..... the incorporation of section 370 into the municipal corporations act makes it clear that the legislature considered that a special provision as the one contained in the said section was essential in order to control markets and the power to evict a person occupying a premises in a public market on any one of the grounds specified in section 370 of the act was essential in public interest, and, therefore the legislature has considered that such a special power has to be conferred on the commissioner of the corporation under section 370 of the ..... so far as the trade in fish, is concerned it is stated that there were facilities in the old market for storing, sifting, cleaning and drying fish, but, however, the market had to be reconstructed on account of congestion by growth of the city. ..... ranjithammal air 1931 madras 216 wherein it has been held as follows:-'a license is not annexed to the property in respect of which it is enjoyed, nor is it a transferable or heritable right, but is a right purely personal between grantor and licensee. ..... air 1989 sc 1988 to sustain his arguments. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1295; 2003(10)SCALE14; (2004)1SCC712
..... the staff, the functions of the council, budgeting, accounts and audit, and so on. ..... of national importance, section 4 incorporates a statutory council by the name of the indian council of world affairs as a body corporate, which shall have perpetual succession and a common seal with power to hold property, movable and immovable, and to contract and to sue and be sued in its ..... recorded a finding that any property either belonged to the petitioners or was vested in them before it was taken away, and also did not consider the affect of repeal of article 19(1)(f) and 31 of the constitution after which repeal the right to property had ceased to be a fundamental right and the newly engrafted article 300a of the constitution requires only authority of law for depriving any person or his property.69. ..... suffice for our purpose to sum up the gist of the act by stating that :- (1) a new body corporate known as the indian council of world affairs has come into existence; (2) the institution, 'indian council of world affairs' has been declared to be an institution of national importance; (3) the institution has been taken over by the central government and entrusted to the new council - a statutory corporate body; (4) the society named the indian council of world affairs ..... did the members of the society acquire any beneficial interest on the dissolution of the society; for section 14 of the act, quoted earlier, expressly negatived the right of the members to any distribution of the assets of .....
Tag this Judgment!Court : Gujarat
Reported in : [1996]87CompCas658(Guj)
..... the financial corporation moved an application under section 446(2)(b) of the companies act claiming that the its right as a secured creditor of the company be recognised and the right of the corporation as a secured creditor to stand outside the winding up proceedings and sell secured properties in exercise of its power under section 29 of the state financial corporations act for realisation of the amount due to the corporation be also recognised and that the properties be allowed to continue to remain in possession of the corporation and it be permitted to hand over possession of the properties to the ..... expenses incurred by the liquidator in preserving the security by amending the proviso to sub-section (2) indicating how such expenses are to be apportioned to the secured creditor, who has a charge on the security, and by giving deduction on account of the workmen's pari passu charge by adding an explanation to the proviso to sub-section (2) by amendment, leaves no scope for any one even to think that, after amendment of section 529 and insertion of section 529a, a secured creditor of a company in winding up cannot opt to stand outside ..... it may be noticed that there was no provision like section 446(2) in the repealed companies act, 1913. ..... ranganathan's case [1955] 25 comp cas 344; air 1955 sc 604, unexceptionally still applies to the secured creditor who instead of relinquishing his security and proving his debts opts to realise the security without intervention of the court .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the conditions laid down in the advertisement itself and since this court is taking a view that mere non-publication in gazette of such change of conditions for recruitment under the orders of board of directors dated 23/4/2010 with the prior approval of the state government on 22/4/2010, could not said to be fatal defect merely on account of their non-publication in the gazette in accordance with the amended provision of section 45 of the road transport corporations act, 1950, which plea was ..... . along with 13 other connected matters judgment dt:3/3/2014 44/71 relevant provisions of the road transport corporations act, 1950 section 45 - power to make regulations (1) a corporation may with the previous sanction of the state government (and by notification in the official gazette), (words inserted by act no.4 of 2005) make regulations, not inconsistent with this act and the rules made thereunder, for the administration of the affairs of the corporation ..... counsel for the petitioners before the jaipur bench in the earlier round of litigation and on the basis of which, it appears that they had to make concession was that the said amendment in the conditions was not in accord with the provisions of central motor vehicles act, 1988 or the central motor vehicles rules made thereunder or the rajasthan motor vehicles rules, 1990 and published in gazette as per the amended provisions of section 45 of the road transport corporations act, 1950 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the conditions laid down in the advertisement itself and since this court is taking a view that mere non-publication in gazette of such change of conditions for recruitment under the orders of board of directors dated 23/4/2010 with the prior approval of the state government on 22/4/2010, could not said to be fatal defect merely on account of their non-publication in the gazette in accordance with the amended provision of section 45 of the road transport corporations act, 1950, which plea was ..... . along with 13 other connected matters judgment dt:3/3/2014 44/71 relevant provisions of the road transport corporations act, 1950 section 45 - power to make regulations (1) a corporation may with the previous sanction of the state government (and by notification in the official gazette), (words inserted by act no.4 of 2005) make regulations, not inconsistent with this act and the rules made thereunder, for the administration of the affairs of the corporation ..... counsel for the petitioners before the jaipur bench in the earlier round of litigation and on the basis of which, it appears that they had to make concession was that the said amendment in the conditions was not in accord with the provisions of central motor vehicles act, 1988 or the central motor vehicles rules made thereunder or the rajasthan motor vehicles rules, 1990 and published in gazette as per the amended provisions of section 45 of the road transport corporations act, 1950 .....
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