Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 183b completing notice Page 1 of about 632 results (0.158 seconds)

The Cantonment Board by Its Executive Officer, Camp Belgaum Vs. Smt. J ...

Court : Karnataka

Reported in : 1999(2)KarLJ569

..... 1 that the alleged unauthorised constructions in the suit property had been completed in 1984, especially when the plaintiff-respondent had failed to submit the completion report as required by section 74 of the cantonments act, 1924? 7. ..... though the plaintiff gave details of construction as per the licence, defendant proceeded to issue demolition notice under section 256 of the cantonments act, dated 30-12-1986. ..... -- (1) a board may, at any time, by notice in writing, direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the board considers that such erection or re-erection is an offence under section 184, and may in any such case or in any other case in which the board considers that the erection or re erection of a building is an offence under section 184, within twelve months of the completion of such erection or re-erection in like manner direct ..... further, the defendant justifying the issue of notice of demolition contended that the executive officer of the board had given a personal hearing to the plaintiff before issuing notice under section 256 of the cantonments act. .....

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

Court : Delhi

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

..... premises belonging to, or taken on lease by, or on behalf of,- (i) xxx xxx(ii) any corporation not being a company as defined in section 3 of the companies act, 1956 (1 of 1956), or a local authority established by or under a central act and owned or controlled by the central government,(iii) xxx xxx(iv) xxx xxx(v) xxx xxx(vi) xxx xxx(vii) xxx xxx(viii) any cantonment board constituted under the cantonments act, 1924 (2 of 1924); (3) in relation to the national capital territory of delhi,- (i) any premises belonging to the municipal corporation of delhi, or any ..... he had allegedly made some illegal construction thereon with the result that he was issued a show cause notice dated 5th march, 1997 under the provisions of section 5-a(1) of the public premises (eviction of unauthorised occupants) act, 1971 calling upon him to remove the illegal structure. ..... why the above encroachment which is in your unauthorised occupation, be not removed and where as your reply dated 22.3.1997 received on 25.3.1997 to the notice dated 5.3.1997 has been considered and you have not been able to justify that why the above encroachment to be removed.now, thereforee, in exercise of the powers conferred by sub-section (2) of section 5-a of the said act, i hereby order that the said building/immoveable structure be removed from the said public premises.'5. ..... to the petitioner, the cantonment executive officer had no power to issue a show cause notice or pass the impugned order under the provisions of the act.6. .....

Bahadur Singh Etc. Vs. Union of India

Court : Delhi

Reported in : ILR1976Delhi375

..... contends that a combined reading of sections 110 and 117 of the cantonment act, 1924 (hereinafter called 'the cantonment act') unmistakably contains the conception of planning and before any land is required for planned development the cantonment board and not any other authority shall have dower and authority to initiate proceedings in so far as they relate to the planned development within the delhi cantonment and that the delhi development act, 1957, (hereinafter called 'the development act') is not applicable to the ..... land could only be acquired under the bihar town planning and improvement trust act, 1951, the said act vesting in the improvement trust the duty of carrying out the provisions of the said act in enforcing the improvement scheme in any local area and that the bihar act had thus replaced the land acquisition act in that the said act was a complete code for the acquisition of land for the purposes of the arust, and that ..... (20) the administration denied the title of gurdial singh punn (petitioner in civil writ 963 of 1969) and contended that he is not the owner of the land in question and that is why notice under sections 9 and 10 of the act were not issued to him though the petitioner on his own without any interest or right in the land in question filed a claim. .....

Smt. Shobha Kailash Bonekar Vs. Cantonment Executive Officer, Cantonme ...

Court : Andhra Pradesh

Reported in : AIR2008AP23; AIR2008Bom23(FB)

..... in this context, it is relevant to note that the present cantonments act 2006, is a successor to the earlier cantonments act, 1924, which has since been repealed. ..... however, the cantonment fund servants rules, 1937, were framed in exercise of the powers conferred under section 280 of the cantonment act. ..... one of the grounds and the principle one amongst them has been that the school tribunal has no jurisdiction to entertain the appeal under section 9 of meps act in the matters of the teachers employed under the cantonment boards concerning the disciplinary action against them. ..... sapkal, learned counsel appearing for the respondent-teacher, submitted that the phrase 'any such boards occurring in section 2(21) of the act' should be read as covering 'cantonment board' and therefore, a school run by the cantonment board should be treated as a recognised school and therefore, it is a private school under section 2(20) of the act. ..... learned judge referred the following issue for the determination of a larger bench:whether the school tribunal constituted under section 8 of the maharashtra employees of private schools (conditions of service) regulations act, 1977, could entertain the appeals under section 9 of meps act filed by the employees working in the schools which are established and administered by the cantonment board.when the writ petitions were placed before the full bench, it was of the view that a recent .....

General Officer Commanding-in-chief and anr. Vs. Dr. Subhash Chandra Y ...

Court : Supreme Court of India

Reported in : AIR1988SC876; JT1988(1)SC458; 1988LabIC1014; (1988)IILLJ345SC; 1988(1)SCALE414; (1988)2SCC351; [1988]3SCR62; 1988(3)SLJ91(SC); 1988(1)LC596(SC)

..... the appeal is directed against the judgment of the allahabad high court striking down rule 5-c of the cantonment funds servants rules, 1937, hereinafter referred to as 'the rules', as ultra vires the provisions of the cantonment act, 1924 and also quashing the impugned order of transfer dated october 27, 1986 passed by the goc-in-chief, ..... learned counsel appearing on behalf of the appellants, that after the amendment of clause (c) of sub-section (2) of section 280 of the cantonment act, conferring on the central government the power to lay down the conditions of service of the employees of the boards, which include the power to make rules for transfer, rule 5-c is valid, being quite in conformity with the provisions of the rule making power under section 280(2)(c) of the cantonment act. ..... holding, inter alia, that the services of the employees of the cantonment board are neither centralised nor is there a common state-level service and that the impugned rule 5-c, having provided for the transfer of the employees of one board to another board by the goc-in-chief, central command, is beyond the rule making power of the central government as contained in clause (c) of sub-section (2) of section 280 of the cantonment act as it stood before it was amended. ..... framed by the central government in excess of its rule making power as contained in clause (c) of sub-section (2) of section 280 of the cantonment act before its amendment by the substitution of clause (c); it is, therefore, void.15. .....

Smt. Haannurammabai Kalal (Deceased) by L.R. Vs. Cantonment Board

Court : Karnataka

Reported in : 2008(3)KarLJ528; 2008(1)AIRKarR178; 2008AIHC1220(Kar); 2008AIHC1220(Kar)

..... view that the facts and circumstances on hand left the appellant with no other remedy than to approach the civil court for the relief of injunction and as the limitation of 30 days prescribed in the notice issued under section 185(1) of the cantonments act, 1924 was over and in view of the explanation given by the appellant pursuant to her appearance before the board after 30-9-1987 was also over and long after these events ..... the bye-laws by putting up unauthorised construction and before issuing notice under section 256 of the act, the appellant was given an opportunity on 30-9-1987 but the appellant did not prefer any appeal as provided under the cantonments act, 1924, and therefore, the present suit was not maintainable in the civil court as there was a specific bar in the cantonments act for seeking remedy in the civil court and thus, prayed for ..... appellant for injunction restraining the respondent-cantonment board (the 'board' in short) and also to declare the notices issued under sections 185 and 256 of the cantonments act, 1924, as null and void, was dismissed by the trial court on the ground that the appellant ought to have sought the remedy under the cantonments act itself and also for not complying with the requirement of issuing notice to the cantonment board and following the dismissal ..... did not receive any communication within thirty days of the notice issued under section 185(1) of the cantonments act, 1924, she was under the impression that her explanation has been .....

Cantonment Board, Mathura Vs. Krishna Bricks and Lime Factory

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)80; JT1996(8)SC180; 1996(6)SCALE510; (1996)6SCC72; [1996]Supp6SCR135; (1997)1UPLBEC53

..... , the realisation of the tax at the aforesaid rate was in contravention and in violation of section 60 of the cantonments act, 1924 read with section 128(1)(ii) of the u.p. ..... . a learned judge in connection with section 60 of the cantonments act said:section 60 of the cantonments act nowhere says that cantonment boards can levy taxes which can be levied by municipalities subject to the ..... 2051, the himachal pradesh high court has also come to the conclusion that under section 60 of the cantonments act, while imposing a profession tax, article 276(2) of the constitution cannot be ..... section 3 of the cantonments act provides that the central government may, by notification in the official gazatte, declare any place or places in which any part of the forces is quartered or which, being in the vicinity of any such place or places, is or are required for the service of such forces to be a cantonment for the purposes of the said act and may by a like notification, declare that any cantonment shall cease to be a cantonment ..... section 60 of the cantonments act provides:general power of taxation -(1) the board may, with the previous sanction of the central government, impose in any cantonment any lax which under any enactment for the time being in force, may be impose in any municipality in the state wherein such cantonment is situated:(2) any tax imposed under this section shall lake effect from the date of its notification in the official gazette or where any later date is specified in this .....

Mahesh Jain vs.delhi Cantonment Board and Anr

Court : Delhi

..... of the estate officer; (iii) resultantly, during the pendency of the appeal aforesaid, the premises remain sealed; (iv) that simultaneously with the initiation of proceedings under section 5b of the pp act, proceedings under section 248 of the cantonments act, 2006, also for demolition of unauthorised construction were also initiated; (iv) orders dated 31st july, 2012, 8th august, 2012 and 21st august, 2012 were passed ..... in proceedings under section 248 of the cantonments act; (v) that the petitioner has preferred appeals under section 340 of the cantonments act against the orders dated 31st july, 2012, 8th august, 2012 and 21st august, 2012 in proceedings under section 248 of the cantonments act; (vi) the orders in the said appeals were reserved on 13th august, 2018 ..... how much of the construction is unauthorised and/or how much of unauthorised construction if any is regularisable/compoundable is at large in two properly constituted statutory proceedings under section 5b of the pp act and section 248 read with section 340 of the of the cantonments act, opening up of a third front at this stage, by directing consideration of the representation aforesaid, will lead to further complexity. ..... this court on 1st june, 2018 when notice thereof was ordered to be issued, the record of the district judge acting as appellate officer as well as record ..... (ii) the said hearing be completed on or before 12th october, 2018 and the appellate officer to .....

Cantonment Board and ors. Vs. Jagat Paul Singh Cheema

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ60

..... before dealing with the issues raised by the learned counsel for the parties, reference to the provisions of sections 43, 51 and 52 of the cantonments act, 1924 may be necessary. ..... -in-chief would also lack jurisdiction and authority to annul the decision of the board, for the power of the officer commanding-in-chief to annul the decision of the board presupposes a valid reference to him under section 51(1) of the cantonments act, 1924.16. ..... at a meeting, dissents from any decision which he considers prejudicial to the public health, safety or convenience, he may, for reasons to be recorded in the minutes and after giving notice in writing of his intention to the president, report the matter to the district magistrate, and the president shall, on receipt of such notice, direct the suspension of action on the decision for a period sufficient to allow of a communication being made to the district magistrate and of his taking proceedings as provided ..... (2) if the district magistrate considers any decision of a [board] to be prejudicial to the public health, safety or convenience, he may, after giving notice in writing of his intention to the [board], refer the matter to the [central government]; and, pending the disposal of the reference to the [central government], no action shall be taken on the decision ..... the matter was, accordingly, referred to goc-in-chief, northern command who on receipt of the reference issued show cause notice dated 06-08-01 to the goc-in-chief vide his order no. .....

Amritsar Contonment Board Vs. Kuldip Chand and anr.

Court : Punjab and Haryana

Reported in : AIR2004P& H43; (2003)135PLR307

..... the term 'occupier' is defined in section 2(xxiii) of the cantonments act, 1924 which reads as follows:-'2. ..... it is so provided in section 2(iv) of the cantonments act, 1924 which is as follows:-'2. (iv). ..... whether the suit is not maintainable for want of service of notice under section 80 cpc and under section 273 of the cantonment act? ..... 1, the trial court held that the notification imposing the tax under section 60 of the cantonments act has been validly issued with the previous sanction of the central government. ..... the defendant filed a written statement and stated that (i) the suit is not maintainable as notice under section 273 of the cantonments act was not served before filling the suit; (ii) the suit is time barred; (iii) the plaintiffs did not file any appeal against the order imposing scavenging tax upon them, and therefore, the ..... bajaj, pcs, sub judge, 2nd class, amritsar for permanent injunction against the appellant, amritsar cantonment board restraining them from realising an amount of rs.600/- as per demand notice dated 21.2.1975. ..... the cantonment board had raised a demand of rs.600/- by issuing demand notice dated 21.2.1975 as scavenging tax for the period 1.1.1974 to 31.3.1975, in relation to bungalow no. ..... the notice was challenged by the plaintiffs on a number of grounds, namely, (i) the notification dated 5.1.74 imposing scavenging tax is illegal; (ii) the plaintiffs have got flush system in their kothi and the tax has been imposed for out .....