Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 5 the effect of including area in cantonment Page 1 of about 1,545 results (0.526 seconds)

Ram NaraIn Son of Sunder Lal, Vs. Sub Divisional Officer and ors.

Court : Allahabad

Reported in : 2008(1)AWC35

..... municipality act-1916 or a cantonment under the provisions of the cantonment act, 1924 or a town area under the provisions of the ..... the matter the provisions of other chapters of the act including the provisions of chapter vii of the act, which contains the provisions of section-123 and to which we are concern, in our considered opinion, shall continue to apply with full force and declaration made under section-143(l) would not affect the operation and applicability of the provisions of chapter vii of the act, which includes section 123 in respect of such land and further on such declaration, the land which is subject matter of declaration is neither excluded from the definition of the 'land' under section 3(14) of the act nor the ..... far as the question with regards to the non-applicability of the provisions of the act in respect of land in dispute on the allegation that it is situated in the municipal area of nagar palika parishad, samli is concern, it is pointed out that the petitioner did not make any averments in the writ petition to the effect that on 7th day of july 1949 land in question was included in the municipality or a notified area under the provisions of the u.p. ..... this connection, it is also significant to notice that the provisions of sub-section (2) of section 123 are coached with deeming provisions and also with non-obstante clause having overriding effect upon the other provisions of the act, therefore, full effect of the provisions has to be given by the courts. .....

Rajesh Agarwal Vs. Union of India and ors

Court : Delhi

..... it was further resolved that the building plan for cinema hall and shops as and when submitted by the applicant be sanctioned in accordance with the provision of cantonments act, 2006 and the building byelaws (copy of cbr is enclosed).moreover, it is submitted that section 244 (1) of the cantonments act, 2006 which deals with the subject of change of use of any land or building in the cantonment lays down that:"no person shall, without the written permission of the board or otherwise than in conformity with the conditions, if any, of such permission(a) ..... the cantonments act, 1924 (ca 1924) was enacted to consolidate and amend the law relating to administration of cantonments ..... learned counsel for the respondents.the cantonment act 1924 and the rules5. ..... of 2009 challenging an order dated 20th february 2009 whereby in exercise of its power to review under section 57 of the cantonments act, 2006 (ca 2006) the government of india (goi) in the ministry of defence (mod) (respondent no.1) set aside a decision dated 4th january 2008 of the cantonment board (cb), meerut (respondent no. ..... 2 (b) of the cantonment land administration rules, 1937 (clar) enforced with effect from 20th november 1947 defines a bazaar area as an area declared under section 43-a ca 1924. ..... section 24a ca 1924 prescribes the duties to be performed by the eo which includes the duty of exercising supervision and control over the acts and proceedings of the cb and being responsible for custody of all the records of the .....

Municipal Corporation for City of Pune and Another Vs. Bharat Forge Co ...

Court : Supreme Court of India

Reported in : AIR1996SC2856; JT1995(3)SC312; 1995(2)SCALE245; (1995)3SCC434a; [1995]2SCR716; (1995)2UPLBEC740

..... it is urged that because of the special importance of cantonments, the central government has been conferred with the power to control these areas; and it is because of this that the cantonments act of 1924 required by its section 62 to seek objection before imposing any taxation which had admittedly not been done in the present case; and so, octroi could not have collected by the appellant at least after coming into force of the 1924 act. ..... the bench distinguished shama rao's case and held that the delegation was valid, including that part of it by which amendments in the concerned state legislation were allowed to become effective in the cantonment area as well.49. ..... general power to taxation -(1) the board may, with the previous, sanction of the central government, impose in any cantonment any tax which under any enactment for the time being in force, may be imposed in any municipality in the state wherein such cantonment is situated:(2) any tax imposed under this section shall take effect from the date of its notification in the official gazette, or where any later date is specified in this behalf in the notification from such later date.61. .....

Jagat Singh S/O Late Chaudhary Badri Singh Vs. the Estate Officer, Del ...

Court : Delhi

Reported in : 2002VAD(Delhi)713; 98(2002)DLT151; 2002(63)DRJ756

..... 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 municipal committee or notified area committee, (ii) any premises belonging to the delhi development authority, whether such premises ..... a plain reading of the above definitions of 'public premises' clearly indicates that cantonment lands or premises belonging to the cantonment board are public premises and that they were specifically included in the definition of the words 'public premises' with effect from 1st june, 1994.15. ..... it must, thereforee, be held that the premises in question, being in the ownership of the central government, could be dealt with by the central government under section 2(e)(1) of the act and in addition thereto, the premises in question could also be dealt with by the cantonment board with effect from 1st june, 1994 under section 2(e)(2)(viii) of the act.34. .....

Adityapur Industrial Area Development Authority Vs. Union of India (Uo ...

Court : Supreme Court of India

Reported in : AIR2006SC2375; (2006)202CTR(SC)464; [2006]283ITR97(SC); [2006(4)JCR202(SC)]; 2006(5)SCALE321; (2006)5SCC100; 2006(1)LC713(SC)

..... - for the purposes of this clause, the expression 'local authority' means (i) panchayat as referred to in clause (d) of article 243 of the constitution ; or(ii) municipality as referred to in clause (e) of article 243p of the constitution; or(iii) municipal committee and district board, legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund; or(iv) cantonment board as defined in section 3 of the cantonments act, 1924 (2 of 1924).6. ..... emphasis on section 17 of the bihar industrial area development authority act, 1974 which reads as follows:-when the state government is satisfied that the purpose for which the authority was established under this act has been substantially achieved so as to render the continuance of the authority unnecessary, the government may by notification in the official gazette, declare that the authority shall be dissolved with effect from such date as may be specified in the notification and the authority shall be deemed to be dissolved accordingly from the said date and all the properties, funds ..... having considered the various provisions of the act including those relating to the functions and powers of the corporation, this court concluded that in pith and substance the act was meant for the establishment, growth and organization of industries, acquisition of land in that behalf and carrying out the purposes of the act by setting up the corporation as one of the limbs or agencies of the government. .....

Cit Vs. Market Committee

Court : Punjab and Haryana

Reported in : [2007]294ITR563(P& H)

..... from the supply of a commodity or service (not being water or electricity) within its own jurisdictional area or from the supply of water or electricity within or outside its own jurisdictional area;explanation.for the purposes of this clause, the expression local authority' means(i) panchayat as referred to in clause (d) of article 243 of the constitution ; or(ii) municipality as referred to in clause (e) of article 243p of the constitution; or(iii) municipal committee and district board, legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund; or(iv) cantonment board as defined in section 3 of the cantonments act, 1924 (2 of 1924).14. ..... he clarified that, for the benefit of income-tax exemption, it would again be open to the petitioner to independently determine whether the market committee, had utilised the income for which it seeks exemption, for a charitable purpose, in terms of the mandate of section 11 of the income tax act, and only such income, which is so utilised, to the satisfaction of the income-tax authorities, would not be included, in the total income of the market committee, for the assessment year, under reference for levy of tax. ..... the aforesaid exemption for including market committees was, however, omitted with effect from the assessment year 2003-04. .....

Mohinder Singh (d) Thr. Lrs . Vs. Narain Singh .

Court : Supreme Court of India

..... (2) it extends to the whole of the union territory of delhi, but shall not apply to (a) the areas which are or may before the first day of november, 1956 be included in a municipality or a notified area under the provisions of the punjab municipal act 1911, or a cantonment under the provisions of the cantonments act, 1924, 3. ..... and the chief commissioner is of the opinion that the size of the gaon sabha area is not sufficiently large to be under the jurisdiction of a separate gaon sabha, he may, by notification in the official gazette, declare that such gaon sabha area shall, from a date to be specified in the notification, cease to be a separate gaon sabha area and the gaon sabha constituted there for shall stand dissolved and may direct that the said area shall be included in one or more adjoining gaon sabha areas, and thereupon the provisions of section 3 of the delhi panchayat raj act ..... learned counsel further submits that this is the consistent view of the delhi high court and apart from the judgment impugned, this very question and effect of issuance of the notification under section 507(a) of the act, 1957 was earlier 9 examined by the high court in smt. .....

P.S. Gill and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : 16(1979)DLT266; ILR1979Delhi601; 1979RLR497

..... section 5 of the 1924 act which provides for the automatic application of laws in force in the cantonment to any new area that may be included in the cantonment is not relevant in this context and there is nothing else in the said act which precludes the application of any law enacted by a competent legislature for the whole union territory from applying to the cantonment area. ..... rules 4 to 6 land in the cantonment which is vested in the government is divided into two classes : class a land which is required or reserved for specific military purposes and class b land which is not so required or reserved, but is retained in the cantonment for the effective discharge of the government's duties in respect of military administration, land vested in the board u/s 108 of the act is called 'c' class land. ..... the effect of the declaration is set out in sub-section (3) : section 12(3) 'afterthe commencement of this act no development of land shall be undertaken or carried out in any area by any person or body (including a department of government) unless: (i) where that area is a development area, permission for such development has been obtained in writing from the authority in accordance with the provisions of this act ; (ii) where that area is an area other than a development area, approval of or sanction for, such development has been obtained in writing from the local authority concerned or any officer or authority thereof empowered or authorised .....

Ramesh Chandra (Sri) and anr. Vs. Ist Additional District Judge and or ...

Court : Uttaranchal

Reported in : 2005(1)ARC812

..... , namely;'(e) every cantonment in uttar pradesh declared to be cantonment under section 3 of the cantonment act, 1924 (2 of 1924)':'(4) it shall come into force at once';(2) in section 2,(i) in sub-section (1), after clause (c) the following clause shall be inserted, namely:(cc) any building 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);(ii) in sub-section (3), for the words 'state government', the words 'central government' shall be substituted;(3) in section 3,(i) in clause (b), at the end, the words 'or the tax mentioned in section 69 of the cantonment, act, 1924: shall be added;(ii) in clause (h) at the end, the following words shall be added, namely:'and shall also include the up. .....

Usman Gani J. Khatri of Bombay and ors. Vs. Cantonment Board and Other ...

Court : Supreme Court of India

Reported in : AIR1994SC233; JT1992(4)SC538; 1992(1)SCALE1068; (1992)3SCC455; [1992]3SCR1; 1992(2)LC441(SC)

..... section 181a of the cantonments act.and whereas public notice inviting objections has been issued in this behalf and whereas i have carefully considered all the objections received in reply to the public noticeand whereas i am satisfied that such a scheme of restrictions is necessary to prevent overcrowding in pune cantonment.now therefore in exercise of the powers vested in me under section 181a of the cantonments act, 1924, i hereby sanction the following scheme of restrictions:(a) the permissible floor space index shall be 1 in the civil area notified under section 43a of the cantonments act and bazar areas notified under rule 2(b) of the cantonment ..... was disastrous, especially since the cantonment land involved happened to be in the heart of pune.12.6.19 realising the destructive effect of such developments on the character of cantonment towns, (a character which, the defence authorities are unanimously agreed, is imperative to preserve from the point of view of moral of the armed forces and congeniality of surroundings) the ministry of environment has accepted in 1986 the recommendations of the report of the working group on cantonment areas set up jointly by the department of environment and the ministry of defence proposing ..... the formalities required by the grantee of the conversion including the payment in full of the cost of the conversion was completed by him the conversion was not to be deemed to have been made and, therefore, the plans could not be sanctioned by the .....