Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 195 felling lopping and trimming of trees Court: supreme court of india Page 1 of about 286 results (0.240 seconds)

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, central command.3. ..... our attention has been drawn to the provision of sub-section (2) of section 281 of the cantonment act, which provides that all rules made under the act shall be published in the official gazette and in such other manner, if any, as the central government may direct and, on such publication, shall have effect as if enacted in the act. ..... has struck down rule 5-c 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. ..... rule 5-c was 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. .....

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

..... as such, 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. ..... 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. ..... 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 same limitations. ..... 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 violated.13. ..... cantonment board, nasirabad said:considering section 60 of the act, we may point out that the legislature empowering the respondent to levy and collect taxes used the word 'impose only and evidently, therefore, the terms should be taken to have been used in a wider sense. .....

The Cantonment Board, Ambala Cantt Vs. Dipak Parkash and ors.

Court : Supreme Court of India

Reported in : AIR1963SC963; [1963]1SCR196

..... 127-b, bank road, ambala cantonment, be the assessment committee of the cantonment board, ambala, three questions arose as regards the liability of the assessee on which the office hearing the appeal entertained reasonable doubt and accordingly made a reference to the high court of punjab under section 84(21) of the cantonments act, 1924, for the decision of these ..... coming now to the provisions of the cantonments act, 1924, we have to consider first section 65, which is in these words ..... of the assessment list in the present case is valid as required by the provisions of section 69, cantonments act, 1924'. 3. ..... amounts to its occupation by the central government, within the meaning of section 99(2)(6) of the cantonments act, 1924. 3. ..... , the high court's opinion is that the occupation of the property by the military officer amounts to user for the public purpose and also amount to occupation by the central government within the meaning of section 99(2)(f) of the cantonments act and that the authentication was valid. 5. ..... to be made clear that while it is known that this portion of the building was appropriated by the government on lease under section 7 of the cantonments (house accommodation) act, it is not the appellant's case that the occupation of the military officer was as a sub-lessee of the government. ..... section 5 every house situate in a cantonment is liable to appropriation by the central government on a lease in the manner and subject to the conditions provided in the act .....

Cantonment Board, Dinapore and Others Vs. Taramani Devi

Court : Supreme Court of India

Reported in : AIR1995SC61; 1992Supp(2)SCC501

..... the respondents herein were granted permission to make additions to their buildings situated in cantonments administered under the cantonments act, 1924 by their respective cantonment boards on terms and conditions embodied in the respective sanctions. ..... the resolution is suspendible under section 52(1)(b) of the act by the officer commanding-in-chief of the command within whose area the cantonment is situated. ..... section 181 of the said act authorises the cantonment board to grant such sanction by resolution. ..... the later order too is required under section 185(2) of the act to be communicated to the owner, lessee or occupier of the land, as the case may be, forbidding him to carry out the erection or re-erection of the building ..... the proviso to section 185(2), whereunder the board is required to pay to the owner of the building compensation, for any loses actually incurred by him in consequence of the demolition or alteration of any building, which has been erected or re-erected prior to the date on which the order of the officer commanding-in-chief has been communicated to him is indicative of the fact that the owner is an aggrieved party and his rights to be affected deserve recompense and restitution. ..... thereupon, when such an exercise is undertaken, section 185(2) of the act provides that on suspension of the resolution, the board is required to send notice in writing to the owner lessee or occupier of any land in the cantonment to stop such erection or re-erection of the building. .....

Cantonment Board and Another Vs. Church of North India

Court : Supreme Court of India

..... that is how clause (viii) `governing any cantonment board constituted under the cantonment act, 1924 (2 of 1924)' has come to be included in the definition of "public premises" under section 2 (e) (2) (viii) of the public premises act. ..... later on, it belonged to the government of india and it is under the management of the nasirabad cantonment which is a cantonment governed under the cantonment act, 1924. ..... which are mentioned in that sub-section, and cantonment boards have come to be covered under sub-section (viii) by amendment with effect from 1.6.1994. ..... singla, learned counsel for the respondent however, lastly submitted that the respondent was owner of the premises and secondly, the public premises act did not apply to these premises also for the reason that the cantonment boards have come to be covered under the public premises act only by amendment act of 1993 which came into force on 7.1.1994. ..... the lease deed provided in clause 2 (iii) that the lessee shall vacate the premises before the expiry of the lease as and when required by the cantonment board provided seven days' notice to this effect is given in writing.3. ..... in a number of judgments, this court has held that a defect, with respect to the lack of inherent jurisdiction is basic and fundamental and validity of such an order can be challenged at any stage, even in execution or in collateral proceedings (for reference see a judgment of a bench of three judges of this court in balwant n. .....

Ghanshyam Das Gupta Vs. Devilal and ors.

Court : Supreme Court of India

Reported in : 1989(2)BLJR80; JT1989(1)SC269; 1989(1)SCALE335; (1990)1SCC465; [1989]1SCR552; 1989(1)LC499(SC)

..... section 3 of the cantonments act is concerned, sub-section (2) merely permits the central government to extend any rent enactment from an earlier date subject to certain limitations, and sub-section (4) is irrelevant in the present context as its scope is limited to dealing with orders and decrees passed before the extension of a rent law to a cantonment ..... extension of the bihar rent act to the cantonment area may be held to be applicable with retrospective effect in view of sub-sections (2) and (4) of section 3 of the cantonments (extension of rent control laws) act, 1957. dr. ..... payment of rent for the period before 14.2.1970 (when the bihar rent act was not applicable to the cantonment area) is not relevant, and since the rent of less than a month in february 1970 remained unpaid after the bihar rent act was extended, it could not be legitimately made the basis for the decree ..... 1973 to april 1974, if the learned subordinate judge comes to the conclusion that the tenant did default within the meaning of section 11(1)(d) of the bihar buildings (lease, rent and eviction) act, 1947 for two months or more during this period, he would decree the suit; otherwise the suit would be dismissed.11. ..... (1) notwithstanding anything contained in any contract or law to the contrary but subject to the provisions of the industrial disputes act, 1947 and to those of section 12, where a tenant is in possession of any building, he shall not be liable to eviction therefrom except in execution of a .....

Brij Sunder Kapoor Vs. I Additional District Judge and ors.

Court : Supreme Court of India

Reported in : AIR1989SC572; JT1988(4)SC529; 1988(2)SCALE1418; (1989)1SCC561; [1988]Supp3SCR558

..... in exercise of this power the central government issued on 21-11-1969 a notification extending the east punjab rent restriction act, 1949, to cantonments in the state of punjab and haryana subsequently, after the amendment of section 3 of act xlvi of 1957 by act 22 of 1972, another notification was issued on 24-1-1974, superseding the earlier notification and extending the east punjab act afresh to cantonments in the state of punjab and haryana with a modification of section 1(3) of the said act with retrospective effect from 26-1-1950. ..... this necessitated the issue of another notification under section 3 of act xlvi of 1957 extending the provisions of act 13 of 1972 to the cantonments in uttar pradesh, this notification dated 1-9-1973, and gazetted on 29-9-1973, reads as follows:in exercise of the powers conferred by section 3 of the cantonments (extension of rent control laws) act, 1957, (act 46 of 1957), and in supersession of the notification of the government of india in the ministry of defence, no. ..... section 2 of this act reads as under:on and from the date on which the united provinces (temporary) control of rent and eviction act, 1947 is extended by notification under section 3 of the cantonments (extension of rent control laws) act, 1957 to the cantonments in the state of uttar pradesh, the uttar pradesh cantonments (control of rent and eviction) act, 1952, act 10 of 1952 shall stand repealed.7. .....

Chief Executive Officer Vs. Surendra Kumar Vakil and ors.

Court : Supreme Court of India

Reported in : AIR1999SC2294; JT1999(2)SC315; 1999(2)SCALE208; (1999)3SCC555; [1999]2SCR118; (1999)2UPLBEC1360

..... an appeal filed by soni and others under section 274 of the cantonment act, 1924 before the appellate authority was dismissed by the appellate authority on 28.8.1985.8. ..... under section 280 of the cantonments act, 1924, power was given to the governor general in council to make rules for the purpose of carrying out the objects of the cantonments act, 1924. ..... of the need for prior permission before transfer, as well as for any further construction on the said land, the respondents proceeded with the construction work resulting in the notice to desist issued by the appellants under section 185 of the cantonments act, 1924. ..... the administration of lands in cantonment areas is further regulated by the cantonment act, 1924 and the cantonment land administration rules of 1925. ..... nevertheless, all the statutory provisions clearly indicate that the land being in the cantonment area was held by mukherjee only as an occupant/ licensee and that any transfer of the bungalow and other constructions on the said land required prior approval of the defence establishment. ..... in the said sale deeds the property was described as leasehold land of the cantonment board and it was stated that the purchasers will have to abide by the terms and conditions on which this land was held in the name of the ancestors of the sellers. .....

Jaisingh Jairam Tyagi and ors. Vs. Mamanchand Ratilal Agarwal and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1201; (1980)82BOMLR421; (1980)3SCC162; [1980]3SCR224

..... (supra), parliament appeared to take view of the calcutta and rajasthan high courts as the correct view and proceeded to enact the cantonments (extension of rent control laws) act, 1957, by section 3 of which the central government was enabled, by notification in the official gazette, to extend to any cantonment with such restrictions and modifications as it thought fit. ..... new sub-sections 2,3 and 4 were introduced and they are as follows :(2) the extension of and enactment under sub-section (1) may be made from such earlier or future date as the central government may think fit :provided that no such extension shall be made from a date earlier than-(a) the commencement of such enactment, or(b) the establishment of the cantonment, or(c) the commencement of this act, whichever is later. ..... : [1970]1scr443 , on december 29, 1969, the central government issued a notification under section 3 of the cantonments (extension of rent control laws) act, 1957, extending the provisions of the bombay rents, hotel and lodging house rates control act, 1947, to the kirkee and other cantonment areas. ..... sub-section 3 is merely consequential to sub-section 2 in that it provides that a state legislation when extended to a cantonment area from an anterior date, such legislation is to stand extended with all the amendments to such state legislation made after such anterior date but before the commencement of the 1972 amending act, the amendments being applicable as and when they come into force. .....

Vasu Dev Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : (2006)144PLR802; 2006(11)SCALE108

..... :(1) where such exemption had been granted only for a limited period;(2) in respect of new buildings;(3) in respect of the government buildings, buildings belonging to the local-self government and other public sector undertakings; and(4) areas belonging to the cantonment board which was outside the purview of the applicability of the original act having regard to the fact that such areas of the cantonment are governed by separate act, like cantonment acts. ..... the high court rightly refrained from exercising its power of judicial review;(v) in view of a large number of decisions of this court it is now well settled that section 3 of the act is intra vires the constitution; (vi) the impugned notification is a conditional legislation and not a delegated legislation; (vii) merely because the exemption granted by the impugned notification is perpetual in nature, the same per se does not offend the legislative policy ..... the contentions of appellants before us, inter alia, are:(i) the administrator as a delegate could exercise his power under section 3 of the act only in terms of the legislative policy contained therein which would appear from the preamble, the statements of objects and reasons and the core provisions thereof and not de' hors the same and, thus, the impugned notification being violative of the legislative policy, is unsustainable in law; (ii) as the administrator in ..... section (2) of section 1 of the 1949 act made a distinction between the urban area and cantonment .....