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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. .....

Maharashtra State Power Generation Co. Ltd., (Formerly known as Mahara ...

Court : Mumbai Nagpur

..... in view of the decision of the apex court in the case of bhagwan das, cited supra, wherein it has been held that section 5 of the limitation act cannot be invoked for extension of the period of limitation prescribed under the proviso to section 18(2) of the said act and the collector cannot entertain any application for extension nor extend the bar for seeking the reference, even if there are genuine or bona ..... knowledge to prove that he or his representative was not present when the award was made, that he did not receive any notice under section 12(2) of the land acquisition act, and that he did not have the knowledge of the contents of the award during the period of six months prior to filing of the application for reference. ..... onus is on him to prove that he (or his representative) was not present when the award was made, that he did not receive any notice under section 12(2) of the act, and that he did not have the knowledge of the contents of the award during a period of six months prior to filing the application for reference. ..... india, the apex court in para 8 of the aforesaid judgment holds that the second proviso says that even where a law makes any provision for acquisition by the state of any estate and thus falls within one of the categories specified in article 31a, it would not qualify for immunity under the provisions of that article, if it seeks to acquire any portion of the land ..... the case of the appellant before the apex court fell under the later part of clause (b) of .....

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 .....

Kunj Bihari Vs. Special Judicial Magistrate Ii and ors.

Court : Uttaranchal

Reported in : 2005(2)AWC1363(UHC); (2005)2UPLBEC41

..... on the other hand, in para-9 of the counter-affidavit, the chief executive officer of the cantonment board states that under sections 116 and 117 of the cantonments act, 1924, the cantonment board has to provide wholesome drinking water supply, sanitation, health services, construction of lanes and drains, public urinals, plantation, street lights etc. ..... 1242 of 2004 which is filed by cantonment board against sri kunj bihar (petitioner) under section 82 of the cantonments act, 1924, for non-payment of toll at barrier premnagar on 26.7.2004 in respect of bus registration no. ..... section 83 of the cantonments act, 1924, which empowers the cantonment board regarding lease of octroi, terminal tax or toll, is followed by section 84 which contains provision as to appeals. ..... on 21.12.2004, the executive officer, cantonment board, dehradun exercising its powers conferred under section 82 of the cantonment act, 1924 (act no. ..... there is yet another preliminary objection raised in the counter-affidavit that under section 84 of the cantonments act, 1924 (act no. ..... --all national highways shall vest in the union, and for the purposes of this act 'highways' include-- (i) all lands appurtenant thereto, whether demarcated or not;(ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on or across such highways; and(iii) all fences, trees, posts and boundary, furlong and milestones of such highways or any land appurtenant to such highways. .....

Smt. Ruchira Vinayak and ors. Vs. Iind Additional District Judge and o ...

Court : Allahabad

Reported in : 2004(1)AWC217

..... a cantonment under section 3 of the cantonment act, 1924.'4 ..... below :'3 (1) the central government may by notification in the official gazette extend to pay cantonment with such restriction and modifications as it thinks fit any enactment relating to the control of rent and regulation of house accommodation which is inforce in the state in which the cantonment is situated :provided that nothing contained in any enactment so extended shall apply to :(a) x x x x x x x(b) x x x x x x x(c) any house within cantonment which is or may be appropriated by the central government on lease under the cantonments (house accommodation) act, 1923.'6. ..... that in respect of the cantonment in which house in dispute is situate, notification under section 3 (1) of cantonment (house accommodation) act, 1923 has been issued and is in force.8. ..... meaning of the word, 'is, or may be appropriated by the central government on lease' used in aforesaid notifications of 1973 and 1982, in juxta-position to the word, 'shall be liable to appropriation by the central government on lease' used in section 5 of cantonment (house accommodation) act, 1923. ..... be considered is whether houses which are not to be appropriated under section 10 of the aforesaid act, 1923 can be said to be not liable to appropriation under section 5 of the said act and are not covered by the exemption clause (cc) (is, or may be appropriated by the central government on lease) added by aforesaid notifications of 1973 and 1982 to section 2 of u, p. .....

NaraIn and anr. Vs. Cantonment Board, Nasirabad

Court : Rajasthan

Reported in : AIR1963Raj190

..... these two references have been made by the district magistrate, ajmer, under section 84(2) of the cantonments act, 1924 (act ii of 1924 -hereinafter referred to as the act). ..... board contain provisions prohibiting the imposition of octroi or terminal taxes on motor vehicles vide proviso to section 104 subsection (3) and section 105 sub-section (1) (i) which read as follows -'104, obligatory taxes -- every board shall levy, at such rate and from such date as the state government may in each case direct by notification in the official gazette and in such manner as is laid down in this act and as may be provided in the rules made by the state government in this behalf, the following ..... in substance, the contention was that as there is a conflict between the provisions of the cantonments act (central law) and the state laws, the central law should prevail as the state laws were not assented to by the president. ..... while, we have no quarrel with the proposition that the cantonments act applies to the area we do not see any conflict between the provisions of the cantonment act and the state laws. ..... in this back-ground, it will be hardly fair to hold that the term 'levy' has been used in a narrower sense and that section 21 of the act of 1951 only prohibits fresh taxation and does not prohibit the collection of taxes imposed under the laws in force under the earlier laws in a proper manner. .....

Ajay Krishan Shinghal, Etc. Etc. Vs. Union of India and Others

Court : Supreme Court of India

Reported in : 1996VIAD(SC)644; AIR1996SC2677; 1997(1)CTC156; JT1996(7)SC301; 1996(6)SCALE29; (1996)10SCC721; [1996]Supp4SCR319; 1996(2)LC636(SC)

..... that when acquisition of the land was within the limits specified under section 4 and declaration under section 5 of the cantonment act 1924 was published, the cantonment board and the authorities constituted thereunder get the power and jurisdiction to deal with the lands within its jurisdiction for the development. ..... and further amended plan in 1990 are required to necessarily specify the purpose for which land is needed vis-a-vis the provisions of the cantonment act, 1924 ..... shri lekhi, learned senior counsel for the appellants, it that the lands situated within the delhi cantonment are governed by the provisions of the cantonment act, 1924. ..... that the division bench has correctly interpreted the provisions of the master plan, development act and the cantonment act in arriving at the above conclusion.6. ..... section 12(3)(ii) of the development act takes care of the development in cantonment area when there would be a conflict between the authorities under the development act and the need for prior approval in that behalf of the cantonment, which is a local authority, for developing land under the development act ..... then were, in an elaborate judgment rendered by the later running into 129 pages, considered threadbare two questions of law raised for consideration, namely, the validity of the notification under section 4(1) and declaration under section 6 of the land acquisition act 1 of 1894 (for short, the 'act') acquiring an extent of 3470 acres in naraina village for public purpose, viz. .....

St. Mary's School and others etc. Vs. Cantonment Board, Meerut and oth ...

Court : Supreme Court of India

Reported in : 1996IAD(SC)1064; AIR1996SC3160; JT1996(3)SC33; 1996(1)SCALE818; (1996)7SCC484; [1996]2SCR127

..... these appeals are preferred against the judgment of the allahabad high court allowing the writ petition filed by the cantonment board, meerut and remitting the matter to the appellate authority with a direction that the appellate authority shall give an opportunity to the petitioners to comply with section 87 of the cantonment act. ..... it is directed that any appeal filed under section 84 of the cantonment act shall be dealt with, insofar as deposit of tax is concerned (i.e ..... , the appeals arising under the cantonment act. ..... the high court held that the requirement of section 87 is mandatory and accordingly remitted the matter with the above directions.3 ..... we would, therefore, read clause (b) of section 170 only as a bar to the hearing of the appeal and its disposal on merit and not as a bar to be entertainment of the appeal itself.4 ..... sri sorabjee, learned counsel for the appellants, challenges the validity of section 87 on the ground that it places onerous conditions in the way of the right of ..... the appellants' case is that by virtue of section 99 of the act, they are exempt from tax. ..... the assessing authority held that they do not satisfy the requirement of section 99 and, therefore, not entitled to exemption. ..... with respect to the requirement of section 87) in the light of and in accordance with the above observations and clarifications.5. ..... is against the order that the writ petition was filed by the cantonment board in the high court. ..... , section l07(b) of the delhi municipal corporation's act, .....

Union of India and ors. Vs. Bodupalli Gopalaswami.

Court : Supreme Court of India

..... fifth charge an omission prejudicial to good order and military army act discipline, section 63 in that he, at ambala cantonment, between 15th january 1990 and march 1990, while officer commanding 27 company supply (asc) and responsible for overall control of the operation of unit butchery, improperly failed to implement the standard operating procedure for butchery group supply depot ambala cantt dated 9th may, 1988, as amended, resulting in the following malpractices: (a) duplicate brands and veterinary officer's stamp were found ..... second charge an omission prejudicial to good order and military army act discipline, section 63 in that he, at ambala cantonment, on 14 february 1990, while commanding 27 company supply (asc), having visited butchery of the said company at the time of inspection of carcasses by the veterinary officer and having found the carcasses dribbling with water, failed to ensure that wet meat dribbling with water is not issued to the units, contrary to para 14(j) of headquarters ph and hp area shimla (st branch) technical instruction dated 30th november ..... fourth charge an omission prejudicial to good order and military army act discipline, section 63 in that he, at ambala cantonment, during the period from 11th march 1990 to 22nd march 1990, while commanding 27 company supply (asc), failed to ensure that stock of reserve animals was maintained in the butchery of the said company as per para 51(a) of .....

In Re: Food Specialities Ltd.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1991)71CompCas564NULL

..... it may be that sale of a package containing contents of quantity lesser than what is mentioned on the container may amount to a contravention of the standards of weights and measures (packaged commodities) act or the rules framed thereunder, but the implementation of the said act or the rules is not within the jurisdiction of this commission unless there is an unfair trade practice within the meaning of section 36a of the monopolies and restrictive trade practices act.13. ..... hence, the notice of enquiry alleged that the respondent had indulged in unfair trade practice within the meaning of section 36a(4) of the monopolies and restrictive trade practices act, 1969, "causing loss or injury to the consumer" 4. ..... it was contended on behalf of the respondent that contravention of the provisions of the standards of weights and measures (packaged commodities) rules, 1977, in so far as they related to the quantity of the packages did not attract the provisions of section 36a(4) of the monopolies and restrictive trade practices act. ..... if it causes only loss and does not involve the risk of injury, then, in our opinion, it does not amount to an unfair trade practice within the meaning of section 36 a (4) of the monopolies and restrictive trade practices act. ..... the question is whether sale of such a sachet by the respondent or someone on its behalf constitutes an unfair trade practice within the meaning of section 36a(4) of the monopolies and restrictive trade practices act.6. .....