Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 195 felling lopping and trimming of trees Page 4 of about 2,486 results (0.315 seconds)

K T Venkatappa Since Decd By Lrs Vs. Seethappa

Court : Karnataka

..... , despite framing above issue, no order has been passed by the civil court on the said issue no.1, but has dismissed the suit on the ground that it is barred under section 132(2) of the act and that the suit does not come within the exception of falling outside the jurisdiction of matters to be dealt with by the land tribunal.49. ..... accordingly, i pass the following: order i) the appeal is allowed-in-part; ii) the matter is remanded back to the trial court for fresh consideration; iii) in view of the fact that the original suit is of the year 1993 and almost two decades having gone by, i deem it appropriate to direct the trial court to dispose of this - 38 - matter within a period of eight (08) months from the date of receipt of a certified copy of this judgment; iv) both the plaintiffs as well ..... is the case of the plaintiffs that the agricultural land bearing sy.no.130/2 measuring 3 acres 30 guntas and sy.no.133/2 measuring 1 acre 30 guntas situated at kowdenahally, bengaluru south taluk absolutely belongs to their father sri k.t.venkatappa and that he was in actual possession and enjoyment thereof personally cultivating the land by raising casurina and eucalyptus trees therein. ..... is seriously contended by the learned counsel for the appellant that the original plaintiff was the owner of the lands in question, which is morefully described as suit schedule property before the trial court and he was personally cultivating the said land by growing casurina and eucalyptus trees therein. .....

P.A. Mangalam Vs. the Chief Executive Officer, Chennai and Another

Court : Chennai

..... cantonments act, 2006 (41/2006), section 234 contemplates sanction for building plan; section 244 contemplates restrictions of use of building without written permission of the board to change or convert one kind of tenement into another kind; section 246 contemplates obtaining completion certificate and till obtaining the said certificate, building shall not be occupied for habitation since such certificate is issued; section 247 contemplates illegal erection and re-erection without having a valid notice as required by sections 235 and ..... and alter a building under section 235 of the cantonments act, 2006 (form a) on 28.12.2011 in respect of the property situated at no.9, gst road, st.thomas mount, chennai 600 016 and the purpose mentioned was shops for ground floor and ..... trade licence, the 1st respondent herein rejected the trade licence application under section 277 of the cantonments act, 2006 (in short 'act'). ..... by notice in writing direct the owner, lessee or occupier, 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 order under section 238 sanctioning the erection or re-erection has been suspended by the general officer commanding-in-chief, the command, under clause (b) of sub-section (1) of section 58, and shall in any such case in like manner direct the demolition or alteration, as the case may be, of ..... act ii of 1924 was passed and it was amended by act ..... act ii of 1924 was passed and it was amended by act .....

Lekh Raj Vs. 4th Additional District Judge, Meerut and ors.

Court : Allahabad

Reported in : AIR1982All265

..... the parliament intended only to remove that hurdle and not to confer a fresh power on the central government to issue the relevant notification in supersession of the power contained in section 3 of act 46 of 1957-the words 'on and from the date on which the united provinces (temporary) control of rent and eviction act 1947, (united provinces act iii of 1947) is extended by notification under section 3 of the cantonments (extension of rent control laws) act 1957 (46 of 1957), to the cantonments in the state of uttar pradesh' were in ..... our opinion used to give the date on and from which act 10 of 1952 shall stand repealed. ..... corollary it follows that it was not the purpose of section 3 of act 46 of 1957 that an enactment which had been extended to a cantonment by issuing a notification under section 3 of act 46 of 1957 may continue to be operative in such cantonment even if the same had been repeal-ed and had been replaced by another enactment and was thus not in force in the state in which the said cantonment was situated. .....

Rasheedulla Khan and anr. Vs. Bhagawathi Bai and anr.

Court : Andhra Pradesh

Reported in : 1993(3)ALT437

..... his lordship further observed that the effect of striking out of the defence under section 15(7) deprives the tenant of the protection given by section 14 and, therefore, the powers under section 15(7) of the act must be exercised with due circumspection. ..... considering the fact that the scheme of the delhi act and the wording of section 15(7) is totally different, i am of the view that this decision cannot apply to the facts of our case ..... revision is devoid of merits and the order passed under section 11(4) of the act striking out the defence and ordering eviction is perfectly justified. ..... the crucial question that will have to be considered is whether the misappropriation of the money given to the advocate and his failure to deposit the rents into the court would constitute a sufficient cause for the tenants to explain away their inability to deposit the rents and whether they are entitled to claim that section 11(4) of the act cannot be invoked in their case.6. ..... he contends that in this case, as the advocate was paid the amounts and as he swallowed the amounts and as he failed to deposit the rents as instructed by the tenant-clients, the blamable conduct of the advocate constitutes a sufficient cause for the failure of the tenants to deposit the amounts and hence the order of eviction invoking section 11(4) of the act should be quashed. ..... 1432 of 1983, a petition under section 11(4) of the act came to be decided and the defence was struck off and an eviction order was passed on 28-8- .....

Har Gopal Jaiswal and anr. Vs. the Cantonment Board, Kanpur and anr.

Court : Allahabad

Reported in : AIR1981All29

..... the petitioners also moved an application under section 71 of the cantonments act, 1924 (hereinafter referred to as the act) claiming amendment of the assessment list prepared by the board, whereunder they had been assessed to house tax and water tax for the years 1974-75 to 1976-77 treating the annual value of the house as rs. ..... 28,000/- with effect from 1-4-1976 under the provisions of section 71 of the cantonments act, 1924 without prejudice to the rights of the cantonment board to revise the assessment during the ensuing triennial assessment. ..... it, therefore, follows that the assessment list authenticated and published under section 69, as amended under section 71, continues to be operative till such time as a new assessment list is not prepared in accordance with section 72 of the act and that the cantonment board is, for the years during which the assessment list remains in force, entitled to realise the tax in accordance therewith. ..... we quash the resolution dated 20th october, 1976 passed by the finance committee as confirmed by the board and the cantonment board is directed to deal with the petitioners' application dated 22nd august, 1976 for correcting the valuation contained in the assessment list prepared for the years 1974-75 to 1976-77 under section 71 of the act afresh and in accordance with law. .....

Koppu Satyanarayana Vs. Cantonment Board

Court : Andhra Pradesh

Reported in : 2008(3)ALD443

..... 13 and 14, akula narayana chs, picket, secunderabad cantonment under section 181 of the cantonment act 1924.dear sir,reference your notice dated 3.5.2006 received under section 179 of cantonment act 1924.sanction is hereby communicated to you for construction of building as per plan enclosed at the subject premises with following conditions:(i) the sanction of the erection or re-erection of the building given by the cantonment board shall be available for one year from the date from which it is given. ..... it is stated that the petitioner gave a notice for construction of the building under section 179 of the cantonment act 1924, on plot no. 21, in sy. ..... the learned counsel also pointed out to sections 122, 250 and 340 of the cantonment act 2006, in short referred to as 'act' for the purpose of convenience.4. ..... further, it is 'stated that against fee order of rejection of plan, the petitioner is entitled to prefer an appeal to the director of defence estate, southern command, pune and the same remedy of appeal under cantonment act 2006 is not exhausted. ..... it is pertinent to note that the layout had been sanctioned way back in the year 1973 and all the open areas and layouts, as per the procedure then in vogue had been vested in the cantonment board and had been treated and used as belonging to the cantonment board only. ..... strong reliance was placed on sections 122, 250 and 340 of the act referred to supra.8. .....

Kishori Lal Vs. the State

Court : Punjab and Haryana

Reported in : AIR1957P& H244; 1957CriLJ1173

..... the question which we are called upon to decide is, whether section 238 of the cantonments act of 1924 is yiolative of the constitutional guarantee contained in article 19(1) (d); and (e) and therefore deserves to be struck down.3. ..... 50/- section 238 of the cantonments act (ii of 1924) contemplates removal and exclusion from the cantonments of disorderly persons. ..... 13 of 1889, there was no provision similar to section 238 of the cantonments act of 1924. ..... i am, therefore, of the view, that the provisions of section 238 of the cantonments act, are not violative of the constitutional liberties declared under article 19(1) (d) and (e) and the procedural and the substantive provisions of the act, do not overstep the limits of reasonableness. ..... no order fixing any period of externment has been fixed in this case, and, therefore, section 238 o the cantonments act, cannot be held void on the ground of there being a possibility on the part of a particular officer, abusing the provision, in the matter of imposing an indefinite or an unduly long period of externment. .....

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 .....

Committee of Management, Anjuman Islamiya Mariyadih and anr. Vs. Assis ...

Court : Allahabad

Reported in : (1998)2UPLBEC1000

..... was incompetent in deciding the said dispute within the meaning of section 25 of the societies registration act, 1860 (hereinafter referred to as the act) and it was incumbent on him to refer the same to the ..... by a reasoned order passed in this writ petition, the alleged l/4th members of the society have purported to seek a reference under section 25 of the act on the basis of the certificate, the prescribed authority is in cession of the said reference which is still pending.4. ..... member of the society, then it can not be brought within the purported meaning of section 25 of the act relating to the decision of continuance in office as an office bearer or election thereto. ..... section 25 of the act postulates a definite and specific question with regard to any doubt or dispute with regard to continuance in office of an office bearer of the society, which is required to be independently raised and decided ..... for the petitioners contends that in the garb of deciding the dispute with regard to membership, the question under section 25 of the act cannot be gone into by the assistant registrar.3. ..... sri khare the objection against certificate of renewal cannot be treated to be a doubt or dispute with regard to election or continuance in office of an office bearer and is not amenable to section 25 of the act. ..... an objection with regard to the renewal of certificate, then it is also not possible to challenge the same on the ground that it ought to have been referred to under section 25 of the act. .....

Estate Officer, Cantonment Board Vs. Rup Ram S/O Mohan Lal and anr.

Court : Mumbai

Reported in : 1991(1)BomCR363

..... 792, belonging to the aurangabad cantonment board, situated withing the limits of aurangabad cantonment, which is a defined cantonment under section 3 of the cantonments act, 1924. ..... although the language of that section may indicate that the board and other local authority are two distinct bodies, yet, by necessary implication, from the duties and function which a cantonment board performs under the cantonments act, consistently with its objects, the language of the said section must be so construed as to mean that the cantonment board is also a local authority. ..... section 11 of the cantonments act, undoubtedly, provides for incorporation of a cantonment board, which shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property, both moveable and immoveable and to contract, and by the said name, sue and be sued. ..... shri bakshi, learned counsel for the respondent, on the other hand, submitted that, although the cantonment board is a body corporate incorporated under the provisions of the cantonments act, it is not a corporation within the meaning of section 2(e)(2)(ii) of the public premises act, but, that, it is a body corporate having the features of a local authority, and thus, it is outside the purview of the provisions of the public premises act by reason of the very same definition on which reliance is placed by shri lakhkar.8. .....