Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 292 repeals Court: supreme court of india Page 1 of about 1,890 results (0.190 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, ..... 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. .....

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

..... , 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 .....

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 questions. 2. ..... coming now to the provisions of the cantonments act, 1924, we have to consider first section 65, which is in these words :- '65. ..... whether the authentication of the assessment list in the present case is valid as required by the provisions of section 69, cantonments act, 1924'. 3. ..... 6 of 1923 amounts to its occupation by the central government, within the meaning of section 99(2)(6) of the cantonments act, 1924. 3. ..... in other words, 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. ..... it is 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. mr. .....

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. ..... section 116a of the cantonment act 1924, gives the power to the cantonment board to manage any property entrusted to it by the central government ..... 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. ..... singla is concerned, it is submitted by him that the cantonment boards were covered under the public premises act only with effect from 1.6.1994 by an amendment introducing sub-section (viii) in section 2(e)(2) of the public premises act. ..... 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 ..... , 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 particular lease deed was not a registered lease deed as was necessary as per section 107 of the transfer of property act, since the period of lease was more than one year, and it was a lease for an immoveable .....

Cantonment Board, Dinapore and Others Vs. Taramani Devi

Court : Supreme Court of India

Reported in : AIR1995SC61; 1992Supp(2)SCC501

..... 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. ..... 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 ..... 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 ..... to challenge such view that these appeals are before us by the union of india in one case and the cantonment board and others in the other.5. ..... 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 ..... 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 ..... since section 52(1)(b) further requires the board to be given a reasonable opportunity of showing cause why the interim direction made earlier be not .....

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

..... 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. ..... again, there might have been some difficulty if, by a notification under section 3 of this act, the central government had sought to apply act iii of 1947 to cantonments in the state of uttar pradesh, without there being a repeal of act 10 of 1952. ..... , on and from the date on which the rent control act is extended to that cantonment, be deemed to have been made under the corresponding provisions of the rent control act, as extended to that cantonment, as if the said rent control act, as so extended, were in force in that cantonment, on the date on which such decree or order was made.it has been mentioned earlier that, on 17-2-1982, the central government issued a further notification under section 3 of act 46 of 1957 in supersession of its earlier notification dated 1st september .....

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

..... 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 ..... an appeal filed by soni and others under section 274 of the cantonment act, 1924 before the appellate authority was dismissed by the appellate ..... 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. ..... of lands in cantonment areas is further regulated by the cantonment act, 1924 and the cantonment land administration rules ..... these rules could provide for: (a) the manner in which and the authority to which application for permission to occupy land belonging to the government in a cantonment is to be made; (b) the authority by which such permission may be granted and the conditions to be annexed to the grant of any such ..... explained by mittal in the passage cited above, the tenures under which permission was given to civilians to occupy government land in the cantonments for construction of bungalows on the condition of a right of resumption of the ground, if required, came to be know as old ..... and orders continue to be the law in force in india even after the enforcement of the british statutes (application to india) repeal act : air1973delhi169 .under these regulations and orders, officers not provided with govt. .....

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

..... principal act of 1957 was itself deemed to have come into force on ..... (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. ..... government to extend to any cantonment any enactment relating to the control of rent and regulation of house accommodation in force in the state in which the cantonment was situated either from the commencement of such enactment or from 26-1-1950, the date when the constitution came into force, whichever was later, and to save decrees already passed under the enactment deemed to have been in force in the cantonment before such extension.5. by section 2 of the amending act of 1972 the .....

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

Court : Supreme Court of India

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

..... -section (2) of section 1 of the 1949 act made a distinction between the urban area and ..... therefore, the balance of rights would be fully restored if and when urban rent control laws, as they presently exist are repealed and contracts between tenants and landlords are governed by the law of the land subject to such special provisions as may be required to ..... is no justification to continue to have the restrictions imposed by the act on buildings built prior to august 26, 1957 also and the whole act should have to be repealed for if the impugned exemption can act as an incentive the repeal of the act should also act as an incentive. ..... (v) by reason of such delegation, the delegate cannot in effect and substance repeal the provisions of the main act so as to take away the heart and soul of beneficent legislations like the rent act;(vi) before exercising the power of delegated legislation, the administrator was bound to take into consideration the relevant factors and for the said purpose it was required of him to be adequately informed ..... . the said amendment was found to be one of the steps for repealing the act opining:in our view, it is for the legislature to decide what should be the cut-off point for the purpose of classification and the legislature of necessity must ..... it is not violative of article 14 of the constitution of india nor does it amount to repeal of the 1974 act.it may be mentioned here that the stamp duty on conveyance deeds has been reduced from 12.5% to 6% .....