Court : Delhi
Reported in : 16(1979)DLT266; ILR1979Delhi601; 1979RLR497
..... developed only under the cantonments act, 1924, which contains ample provisions in that regard and that the provisions of the 1894 act read with the delhi development act, 1957 cannot be invoked ..... cantonments act, 1924 was enacted to consolidate and amend the law relating to the administration of cantonments ..... paras 4, 5, 6 and 7 of the writ petition, it is submitted that the averments made therein pertain to the insurance of various notifications, provisions of cantonment act, 1924, and indian works of defense act. ..... the act of 1889 was followed by another consolidating and amending act in 1910 (act 15 of 1910), and later by the very elaborate code of 1924, an act of 292 sections and six schedules (act 2 of 1924), which superseded all previous legislation and is, though it has not itself escaped amendment, the principal act relating to ..... section 4(3) of the cantonments act ..... tramways or other means of locomotion, and electric lighting or elecric power works ; or (k) adopting any measure, other than a measure specified in section 116 or in the foregoing provisions of this section, likely to promote the safety, health or convenience of the inhabitants of the cantonments ; (2) a board may, either within or outside the cantonment, make provisions for the doing of anything on which expenditure is declared by the central government, or by the board with the sanction of the ..... cantonments act, a consolidating and amending measures, was passed in 1889 and repealed a large number of existing acts .....
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 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1960), and later by the very elaborate code of 1924, and act of 292 sections and six schedules (act 2 of 1924), which superseded all previous legislation and is, though it has not itself escaped amendment, the principal act relating to the subject which is now in force.'18. ..... under which power is sought to be exercised in resuming the grant and taking possession of the house is not an existing law or law which has the statutory force as it had quite a long time back been superseded and repealed and enacted by the legislature and thereafter the cantonment act.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. ..... and whereas, notwithstanding the said conditions, rules, regulations and orders, difficulties have frequently been experienced in obtaining house-accommodation in cantonments for military officers and it is expedient to make better provision for that purpose; it is hereby enacted as follows:'this act remained in force till it was repealed by the cantonments (house-accommodation) act. ..... 1902 and which was also subsequently repealed by the cantonments (house-accommodation) act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi515
..... now the cantonments act 1924 has an important section on the subject of acquisition of immovable ..... the cantonments act, 1924 which also control the use and enjoyment of land in the cantonment area. ..... the cantonments act 1924 t! ..... can the central government ignore the provisions of the cantonments act and acquire land for the purposes of the cantonment under the delhi development act 1957 that is the simple question that arises in ..... in addition to the act of 1924 which municipalized the administration of the cantonments there are other laws ..... act of 1924 creates a statutory corporate body known as the cantonment ..... it need hardly be said that the housing activity beneficial to the population is a public purpose and it being open to the central govermant by virtue of sub-section (2) of section 11-a of the development act to make alterations in the master plan, after acquisition of the land, the central government, 'if it so chooses to carry out housing activity in the acquired area, can do so by changing ..... the act of 1889 was followed by another consolidating and amending act in 1910 (act 15 of 1910) and later by the very elaborate code of 1924, an act of 292 sections and six schedules (act 2 of, 1924), which supersedes all previous legislation and is, though it has not itself escaped amendment, the principal act relating to the subject which is now ..... general cantonments act, a consolidating and amending measure was passed in 1889 and repealed a large number of existing acts and regulations .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(2)KarLJ569
..... contention raised by the appellant-defendant is that the suit is barred under section 274 of the cantonments act, 1924. ..... 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. ..... 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. ..... 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. ..... 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 ..... violatedthe provisions of the cantonments act and the bye-laws thereunder applicable to the buildings in the cantonment area. ..... inclined to give a chance to the plaintiff to approach the authority and file an appeal within the provisions of the cantonments act. .....
Tag this Judgment!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 ..... canvassing this view, learned counsel for the petitioner referred to section 108 of the cantonments act, 1924 to contend that all property acquired, provided or maintained by the cantonment board (constituted under section 10 of the cantonments act) vests in and belongs to the cantonment board. ..... the meaning of the words 'public premises' as defined in section 2(e) of the public premises (eviction of unauthorized occupants) act, 1971 read with the cantonments act, 1924 is the subject of decision in this case.facts 2. ..... the submission of learned counsel, in brief, was that in terms of section 108 of the cantonments act, the premises in question vest in and belong to the cantonment board and such premises came within the purview of the act only when section 2(e)(2)(viii) was enacted with effect from 1st june, 1994 and not before. .....
Tag this Judgment!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 ..... the result that the amendment act, 1963, could not revive or infuse life into these provisions of the land acquisition act for the purposes of validating the acquisition proceedings under the land acquisition act, relying on the doctrine of implied repeal it was urged that the provisions of sections 15 to 20 of the development act were repugnant and indirect conflict with the provisions of the acquisition act and as such must be deemed to have impliedly repealed all the relevant provisions of the .....
Tag this Judgment!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 .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(3)KarLJ528; 2008(1)AIRKarR178; 2008AIHC1220(Kar); 2008AIHC1220(Kar)
..... 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, notice under ..... had violated 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 dismissal of the ..... as far as requirement of notice before filing the suit is concerned, it was submitted that suit was filed for injunction and as there is no bar for seeking injunction from the trial court in view of section 273 of the cantonments act, 1924, the appellant sought amendment of the prayer by including the relief of declaration so that the injunction could be granted in her favour. .....
Tag this Judgment!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 .....
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