Court : Andhra Pradesh
Reported in : 2008(2)ALD429; 2008(1)ALT443
..... events, the relevant dates and also the relevant provisions of cantonment act, 2006 (hereinafter referred to as 'the present act') and the cantonment act, 1924 (hereinafter referred to as 'the repealed act') and would submit that in the light of the language of sections 12, 30, 34, 60 and 360 of the present act, it cannot be said that the provisions are retrospective and the present act being prospective, the period of elected body cannot be reduced by virtue of such notification and at any rate, there are no reasons at all and even otherwise, section 13(b) of the present act cannot be said to be ..... court made the following order:the petitioners who are the elected members of the cantonment board, secunderabad filed the main writ petition aggrieved by the action of the respondents in not permitting them to function as members of the cantonment board.it is not in dispute that after the petitioners were elected vide notification dated 19.05.2006, which was notified by the government of india under section 16(1) of the cantonments act, 1924, the cantonments act 2006 (41 of 2006) has come into force w.e.f. 18.12.2006 .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(3)BomCR667
..... ' this means that the notification issued under section 3(1) of the cantonment act 1957 could extend the bombay rent act to pune cantonment absolutely and not as it existed on the date of the ..... ' ( section 3 of the cantonments (extension of rent control laws) amendment act, 1972 in so far as is relevant, reads---amendment of section 3 :---section 3 of the principal act shall be re-numbered as sub-section (1) thereof, and (i) in sub-section (1) as so re-numbered, the words 'on the date of the notification' shall be, and shall be deemed always to have been omitted). ..... delhi, the 27th december, 1969:---'in exercise of the powers conferred by section 3 of he cantonments (extension of rent control laws) act 1957 (46 of 1957), the central government hereby extends to all the cantonments in the state of maharashtra except the cantonment of aurangabad and kamptee, the bombay rents, hotel and lodging house rates control act, 1947 (bombay act no. ..... (1 section 3(1) of the cantonments (extension of rent control laws) act, 1957 in so far as is relevant reads---(1) the central government may, by notification in the official gazette, extend to any cantoment with such restrictions and modifications as it thinks fit, any enactment relating to the control of rent and regulation of house accommodation which is in force on the date of the notification in the state in which the cantoment is situated).the extension of the act may be made 'with such restrictions or modifications' as the central government .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)ARC812
..... cantonment (control of rent and eviction) act, 1952',(iii) in clause (m), after the words 'town committee' the words 'or cantonment board' shall be inserted,(4) in section 7, after the words 'united provinces town areas act, 1914, the words 'or in section 60 of the cantonment act, 1924' shall be inserted;(5) in section 12, in sub-section (3), after the words 'municipality' the word 'cantonment', shall be inserted;(6) section 14 shall be omitted,(7) in section 20, in sub-section (4), in the proviso, after the word 'municipality', the word 'cantonment' shall be inserted;(8) in section 21, in sub-section (1), in clause (i) of the explanation after the word 'municipality', the word ..... 'cantonment' shall .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All486
..... this is an application for the revision of an order of a magistrate of agra acquitting the opposite party kashi ram of an alleged offence under section 187 read with section 268 of the cantonment act, 1924. ..... i have not been shown that any other permission in writing is required for building by any of the provisions of the cantonment act except that referred to in sections 181 and 187 and it seems to me preposterous to suggest that when kashi ram had had the sanction of the board in writing under section 181 he did not have the permission in writing of the cantonment authority. ..... the applicant had applied to the cantonment authority under section 179 for permission to build a room and a gate in the cantonment, and eventually sanction was given under section 181 in a letter dated 27th april 1931, in which it was remarked by the executive officer that the site on which the construction proposed to be built was claimed on behalf of the government, but that there was no 'municipal ..... emperor : air1932all673 in which it has been held that in a case of failure to comply with a notice issued under sections 186 and 211, municipalities act, 1916, there is nothing which indicates that it is the duty of the court to satisfy itself that the notice was lawfully issued by the municipal board and it has been represented that the cantonment act is very similar to the municipalities act and that the same reasoning must apply. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1977P& H68
..... ; firstly, that the landlady did not specifically incorporate two of the ingredients mentioned in section 13 (3) (a) (1) of the 1949 act, namely, that she was not occupying another residential building in the area of ambala cantonment and that she had not vacated such a building without sufficient cause after the commencement of the act in ambala cantonment and, secondly, that she did not require the house bona fide for her residence. ..... any premises within the cantonment belonging to the government; (b) any tenancy or other like relationship created by a grant from the government in respect of premises within the cantonment taken on lease or requisitioned by the government; or (c) any house within the cantonment which is, or may be, appropriated by the central government on lease under the cantonments (house accommodation) act 1923 (6 of 1923); (4) after section 20, the following section shall be added, namely:-- exemption of buildings constructed in 1966 and 1967 from the provisions ..... force, on the date of this notification, in the states of haryana and punjab with the following modifications, namely:-- in the said act- (1) in section 1, for sub-section (2), the following sub-section shall be substituted, namely;-- (2) it extends to the cantonments in the states of haryana and punjab (2) in section 2, for clause (j) the following clause shall be substituted namely:-- (j) 'urban area' includes any area administered by a cantonment board in the states of haryana and punjab. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)ALLMR466; 2004(3)BomCR391; 2003(4)MhLj679a
..... it shall remain in force upto and inclusive of the 31st day of march 1970 and then shall expire.while issuing the notification, the central government amended sub-section (1) of section 3 in its application to the cantonment act as follows:3(1) it shall come ..... the precise question of the effect of sub-section (1) of section 3 of the bombay rent act 1947 which limited its duration and life on its continued applicability to the pune cantonment area, by virtue of the notification dated 27th december 1969 issued by the central government, under section 3 of the cantonments rent extension act, 1957 came up for consideration of a division bench of this ..... 1969, published in the gazette of india (extra ordinary) dated 29th december 1969, which reads as under:s.r.o.8/e - in exercise of the powers conferred by section 3 of the cantonments (extension of rent control laws) act, 1957 (46 of 1957), the central government hereby extends to all the cantonments in the state of maharashtra except the cantonments on aurangabad and kamptee, the bombay rents, hotel and lodging house rates control act, 1947 (bombay act no. ..... in force on the date of this notification in the state of maharashtra in which the cantonments are situated with the following modifications, namely:- in the bombay rents, hotel and lodging house rates control act, 1947:- (a) for section 2, the following section shall be substituted namely:-'(2)(1) it extends to the cantonments of ahmednagar, dehu road, deolali, kirkee, and poona. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP26
..... the land and the property of the cantonment after the cantonments act 1924, could only be dealt with in accordance with the provisions of the said act. ..... the first general cantonment act, a consolidating and amending act was passed in 1889 and it was followed by another consolidating and amending act of 1910 and lastly by the act of 1924.19. ..... 1924 also has come into existence and there is also a provision for the acquisition of the immovable property in that act and therefore, in the face of these enactments, this regulation which was however, enacted by the competent authority cannot now be said to have the force of law and it ceased to be law as long back as 1902 and provision now exists in the cantonment act. ..... the first general cantonment act, a consolidating and amending measure, was passed in 1889 and repealed a large number of existing acts and regulations. ..... the act of 1889 was followed by another consolidating and amending act in 1910 (act 15 of 1960), and later by the very elaborate code of 1924, and act of 292 sections and six schedules (act 2 of 1924), which superseded all previous legislation and is, though it has not itself escaped amendment, the principal act relating to the subject which is now in force.'18. ..... india 1887, section 17 (see page 394 of the gazette of india, part v of the 5th november 1898).16. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (1984)7ITD864(Pune.)
..... the next ground urged on behalf of the assessee is that on the terms of the mining concession rules, 1960, framed under the indian act which governed the leases under consideration, the interest of the assessee in the mining leases could not be held to be an asset within the meaning of that term given in section 2(e) and that, therefore, the value of the assessee's lease interest could not be included in its net wealth. ..... , the jetty purchased out of the gifted amounts and its income could not be included in the assessments of the huf and secondly, this contention pertains only to the assessment years 1975-76 and 1976-77, since more than 12 years had elapsed by 31-3-1975, the valuation date for the assessment year 1975-76, during which period the gifted properties were in adverse possession, provisions of section 27 of the limitation act, 1908 would operate to exclude these amounts from ..... as for the contention raised invoking the provisions of section 108 of the transfer of property act, shri sathe's case is that, that provision has no application in the present case, since the liability in terms of that provision arises in the absence of a contract to the contrary ; so far as the assessee is concerned, its rights and obligations were to be spelt out from the mining lease agreements precluding the operation of section 108.7. .....
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