Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 5 the effect of including area in cantonment Page 6 of about 1,545 results (0.717 seconds)

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

..... as a result of the introduction of sub-section 2 of section 3 the notification can be given effect from an anterior date or a future date, but it cannot be made effective from a date earlier than the commencement of the state legislation or the establishment of the cantonment or the commencement of the cantonment (extension of rent control laws) act, 1957. ..... under section 3 of the unamended act, a notification could be issued extending a state legislation to a cantonment area with effect from the date of the notification. ..... : [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. ..... 709 of 1978, the only question is about the validity of a decree obtained before the date of the notification issued under section 3 of the cantonments (extension of rent control laws) act, 1957. ..... (supra), there was a conflict of views on the question whether entry 3 of list i of schedule vii to the constitution which enabled parliament to legislate in regard to 'the regulation of housing accommodation (including the control of rents)' in cantonment areas was wide enough to include the subject of relationship of landlord and tenant of buildings situated in cantonment areas. .....

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

Court : Mumbai Nagpur

..... . the ratio of the decision of the apex court in satinder bir singh's case is that it is not necessary that a notice under subsection (2) of section 12 of the said act should contain all the details of the award including his consideration and its manner of determination of the compensation, and that the statutory operation of limitation does not depend on the ministerial act of communication of notice in any particular form when the act or rules has not prescribed any form. 45 ..... . the state of maharashtra and others, reported in 2004 aihc 989, relying upon the decision of the apex court in satinder bir singh's case, cited supra, have held that the period for obtaining the certified copy of the award is not liable to be excluded and the limitation prescribed under section 18(2) of the land acquisition act starts running from the date when the notice disclosing the true area of the land and the compensation awarded was received by the claimant. 35 ..... . the apex court in para 15 of the aforesaid decision, considered the question as to whether the service of notice under section 12(2) of the said act was sufficient to start counting the period of limitation and held that the copy of the award was not served upon the appellant along with the notice and without that, the appellant could not have effectively made an application for seeking reference .....

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

Court : Supreme Court of India

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

..... sub-section (2) of section 1 of the 1949 act made a distinction between the urban area and cantonment area. ..... the reasons for which the impugned notification was issued was stated to be that the social objective of the rent control act had not been realised and it had various other adverse effects including simulation of investment in rental housing especially from the lower and middle income groups. ..... (1) notwithstanding anything contained in any judgment, decree or order of any court, anything done or any action taken (including any notification or direction issued or rents fixed or permission granted or order made) or purported to have been done or taken under the act shall be deemed to be as valid and effective as if the provisions of this act had been in force at all material times when such thing was done or such action was taken. ..... notwithstanding anything contained in any judgment, decree or order of any court, the act shall subject to the modifications specified in the schedule, be in force in, and be deemed to have been in force with effect from the 4th day of november, 1972 in the union territory of chandigarh as if the provisions of the act as so modified had been included in and formed part of this section and as if this section had been in force at all material times.4. .....

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. ..... --for the purposes of this section and section 85, section 86, section 87, section 88 and section 92a, 'district court', in relation to a cantonment, means the principal civil court of original jurisdiction having jurisdiction over the area in which that cantonment is situated, and includes such other civil court having jurisdiction over that area, as the central government may, by notification in the official gazette, specify in this behalf, in consultation with the high court having jurisdiction over that area. ..... the cantonment board in respect of the cantonment area can charge a tax ..................and is not barred from imposing such a tax merely, because the property belongs to the state or central government, unless there be an express prohibition on the cantonment board in imposing the tax. ..... 511] in which bombay high court has held :--'therefore, even assuming that the land on which the road passes or the road itself belongs to the state or central government whether it be a state highway or national highway or otherwise, yet it passes through the local area of a cantonment. .....

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

Court : Allahabad

Reported in : 2004(1)AWC217

..... declared to be a cantonment under section 3 of the cantonment act, 1924.'4. ..... in exercise of the powers conferred by section 3 of the cantonment (extension of rent control laws) act. ..... the second point to 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. ..... it would amount to saying that the said rent control act applies to the cantonment areas but not to any buildings in the cantonment area because every building in cantonment area is liable to be appropriated on lease under the aforesaid act of 1923, in view of this, it is not necessary to decide the second point. ..... 13 of 1972 applies to cantonment areas but not to such house, which 'are or may be appropriated by the central government on lease under 1923 act.'7. ..... 13 of 1972 provides that the said act shall apply to (a) every city ; (b) every municipality ; (c) every notified area and (d) every town area. .....

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). ..... 2) the cantonments act 1924 is in force in nasirabad cantonment area, which is central act. ..... (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). ..... he pointed out that there are three stages in the process of taxation --(1) fixing of the liability, (2) assessment or quantification of the liability, and (3) collectionof the tax from the tax payers; and contended that the terms 'impose'' and ''levy'' which are synonymous embrace the first two stages and cannot include the third stage, namely, the actual collection. ..... 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. ..... now, if effect is given to these provisions of law, there can be no doubt that on the basis of limitation on the powers of the respondent as contained in section 60 of the act it cannot impose any tax on the import of motor vehicles. .....

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)

..... true 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. ..... a public purpose has been specified by the governor in the notification and on specification obviously on presumptive satisfaction thereof the governor issued the notification as required under section 4(1); the absence of the specification and further elaboration of the development do not have the effect of rendering the satisfaction reached by the governor illegal and the notification under section 4(1) published by the governor in exercise of the power of eminent domain is not rendered ..... to state that when an authority constituted under the act has initiated the action for acquisition of a large area of land comprising several plots for planned development, the specification of a particular land needed for a specified purpose intended to be undertaken for the development ultimately to be taken up, is not a condition precedent to initiate the action for acquisition and publication of the notification under section 4(1) of the act in the gazette does not get vitiated on account thereof. ..... the planned development of delhi was held to be a public purpose in aflatoon's case (supra) followed by several judgments including the latest judgment of this court in jai .....

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. ..... 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 appeal. ..... the appellants' case is that by virtue of section 99 of the act, they are exempt from tax. ..... , with respect to the requirement of section 87) in the light of and in accordance with the above observations and clarifications.5. ..... it is against the order that the writ petition was filed by the cantonment board in the high court. ..... even so, the appeal was allowed by the appellate authority on the ground that the appellants are entitled to the benefit of section 99. ..... 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. ..... , section l07(b) of the delhi municipal corporation's act, 1957. .....

Union of India and ors. Vs. Bodupalli Gopalaswami.

Court : Supreme Court of India

..... 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, 1989. ..... therefore, the effect of the finding in regard to charge (4) is that the contractor did not keep any animals as reserve between 11.3.1990 and 22.3.1990 as undertaken by it under clause 51(a) of the special conditions. ..... the other interpretation in view of the use of the words including liver, kidney, testicles would be that the dressed meat can include all edible internal parts which include liver, kidney, and testicles as also heart, and what should be excluded from the supply are other waste like cuttings, fallen portions and inedible portions. ..... if forfeiture of service has the effect of reducing total qualifying service required to earn pension, a person concerned is disentitled for pension itself. ..... contract also provided (vide clause 52) that if the contractor failed to do so, the supply officer shall be at liberty to effect risk purchase be effected at the cost of the contractor and also take other steps. .....

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. ..... 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. ..... 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. ..... moreover, as we have already noted above, the language of section 36(a) (4) shows that, the legislature wanted to prevent a practice which involved the risk of injury to the person using the goods and not the possibility of loss to the consumer.9. ..... on behalf of the director-general of investigation and registration, it was mentioned that injury referred to in section 36a(4) should be interpreted in such a manner that it includes loss also. .....