Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 5 the effect of including area in cantonment Page 9 of about 1,545 results (0.679 seconds)

Madhya Pradesh State Road Transport Corporation, Indore Vs. Cantonment ...

Court : Madhya Pradesh

Reported in : AIR1988MP166

..... this tax purports to have been imposed by the cantonment board in exercise of the powers conferred by section 60 of the cantonment act, 1924( hereinafter referred to as 'the act').2. ..... coming to the facts of the instant case, it would be seen that the effect of section 6 of the motor vehicles taxation act, 1947 is that no entry tax on motor vehicle can be imposed by a municipality. ..... the effect of section 6 of the motor vehicles taxation act 1947, as has been pointedout by a division bench of this court in case of sagar tobacco (supra) was that entry tax ceased to be leviable within a municipality in so far as motor vehicles were concerned. ..... grant to local authorities - (1) the state government shall, at the close of the linancial year 1947-48 and of each financial year thereafter, make to every cantonment board, municipal committee and notified area committee which was imposing a tax, toll or licence fee in respect of motor vehicles, before the 1st day of april 1942, a grant of the same as was being paid by the state government to such board or committee immediately before the commencement of this act : provided that no sum shall be payable to cantonment board unless it agrees not ..... in this context, we may consider the effect of the appeal which is said to be pending before the supreme court against the aforesaid decision in case of sagar tobacco (supra). .....

State of Jharkhand and anr. Vs. Mukesh Prasad and ors.

Court : Jharkhand

Reported in : II(2002)ACC184; 2002(50)BLJR169

..... the contention of the ramgarh cantonment board and the writ-petitioner-contractor before the learned single judge was that in terms of section 60 of the cantonment act, 1924, the cantonment board is empowered to impose the aforesaid tax within the cantonment area and that the procedure prescribed in sections 61 and 62 of the act having been followed, the board was within its jurisdiction to levy the tax.4. ..... the brief facts leading to the filing of this appeal are that ramgarh cantonment board, a board constituted under the cantonments act, 1924, in purported exercise of the power allegedly vested in it under section 60 of the cantonments act, 1924, invited tenders for collection of vehicles tax from the vehicles entering into ramgarh cantonment area. ..... the board is relying upon section 60 of the cantonments act, 1924 as being the source of the aforesaid power, authority and jurisdiction. ..... (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 on this behalf in the notification from such later date.' 5. ..... 2) and others including the state of jharkhand and deputy commissioner, hazaribagh (appellant nos. ..... in response, many persons including writ-petitioner submitted their tenders and deposited earnest money of rs. .....

Gurcharan Singh and ors. Vs. Shri V.K. Kaushal

Court : Supreme Court of India

Reported in : AIR1980SC1866; (1980)4SCC244; [1981]1SCR490

..... now, it appears that section 3 of the cantonments (extension of rent control laws) act, 1957 empowered the central government to extend, by notification, to any cantonment with such restrictions and modifications as it thought fit, any enactment relating to the control of rent and regulation of house accommodation which was in force on the date of the notification in the state in which the cantonment was situated. ..... section 13(2)(ii)(a) of the act provides for an order of eviction if the controller is satisfied 'that the tenant has, after commencement of this act, without the written consent of the landlord-(a) transferred his right under the lease or sub-let the entire building or rented land or any portion thereof.it is clear that the tenant falls within the mischief of this sub-clause only if he has effected the transfer or sub-letting after the commencement of the act. ..... : [1969]3scr989 on which learned counsel for the respondent relies, the relevant provision did not include the words 'after the commencement of this act', and, therefore, took within its scope a sub-letting transacted before the coming into force of the relevant act.8. .....

Mohan Mahavar and ors. and Vijay Kumar Mahavar and anr. Vs. Union of I ...

Court : Madhya Pradesh

Reported in : 2009(1)MPHT407

..... shashank shekhar, learned counsel appearing for the intervenors submitted that every person who has resided in the cantonment area for six months is qualified to be included in the electoral roll as would be clear from section 28(1) of the 2006 act and rule 9 of the 2007 rules. ..... it may be true that the official census only refers to the civilian population of a cantonment and does not include the defence personnel or armed forces in the cantonment, but sub-sections (1) and (2) of section 12 cannot in any way control section 28(1) of the 2006 act which clearly states that every person who has resided in the cantonment for a period of not less than six months immediately preceding the qualifying date shall be entitled to be enrolled as an elector. ..... : [2002]supp5scr116 , the supreme court has observed that the weight of judicial authority lean in favour of the view that the statement of objects and reasons appended the bill cannot be utilised for the purpose of restricting and controlling the plain meaning of the language employed by the legislature in drafting a statute and if the words of a statute are plain and unambiguous, effect must be given to them. ..... the relevant facts briefly are that the cantonments act, 1924 was replaced by a new cantonments act, 2006 (for short 'the 2006 act') by parliament. .....

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 .....

Ramgarh Cantonment Board and anr. Vs. State of Jharkhand and ors.

Court : Supreme Court of India

Reported in : JT2008(3)SC590; 2008(4)SCALE162; (2008)11SCC223; (2008)15VST550(SC); 2008AIRSCW2223

..... 1, ramgarh cantonment board, a board constituted under the cantonments act, 1924 (hereinafter referred to as the act), in exercise of the power vested in it under section 60 of the act invited tender for collection of vehicle tax entering into ramgarh cantonment area. ..... the cantonment board did not have any authority or competence to levy tax on the entry of vehicles in the cantonment area under section 60 of the cantonment act, 1924. ..... the division bench has rightly held that sub-section (1) of section 60 of the cantonments act, 1924 is not totally an independent provision by itself, in the sense that the power by itself has not been given to the board to levy tax and the provision is related to and dependent upon any corresponding analogous provision in a legislative enactment of the ..... the cantonments act, 1924 is vested with section 60 which is the source of power, authority and jurisdiction for imposition of levy of ..... 'motor car' means any mechanically propelled vehicle adopted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or used solely upon the premises of the owner.15. ..... (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.'7. .....

Union of India and ors. Vs. Vasavi Co-op. Housing Society Ltd. and ors

Court : Supreme Court of India

..... the court went on to examine the correctness and evidentiary value of the entries in the glr in the context of the history and scope of cantonment act, 1924, the cantonment land administration rules, 1925 and tried to establish that no reliance could be placed on the glr. ..... reference was made to the provisions of cantonment act, 1924 and it was pointed out that the secunderabad and aurangabad cantonment land administration rules, 1930 do not apply to the kakaguda village. ..... the defendant maintained the stand that the entries made in glr, maintained under the cantonment land administration rules, 1937, in the regular course of administration of the cantonment lands, are admissible in evidence and the entries made therein will prevail over the records maintained under the various enactment, like the andhra pradesh (telangana area) land revenue act, 1317 falsi, the hyderabad record of rights in land regulation, 1358 falsi, the hyderabad record of rights rules, 1956 etc. ..... plaintiff later filed an application for issuing of a certificate as per the plan prepared by the revenue records under section 19(v) of the urban land ceiling act. ..... thus, a total extent of land 6 acres and 30 guntas was encroached upon and construction was effected despite the protest by the plaintiff. .....

Giriraj Kapoor Son of Late Sri N.C. Kapoor and Vs. Government of India ...

Court : Allahabad

Reported in : 2006(3)AWC2287

..... this is how a large number of bungalows in the cantonment all over india came in the hands of civilians.under 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. ..... that is, therefore, not a case where the appellants had not produced any evidence in support of their contention that the land in the cantonment area was held on old grant basis by occupier.20. ..... union of india and ors 0043/1979 : air1979all170 , considered the issue and status of the order dated 12.09.1836 taking into account the subsequent changes in law including the government of india acts promulgated from time to time. ..... : [1956]1scr451 , the apex court had taken the same view holding that the statements admitting the factual position must be given full effect and while deciding the same, the hon'ble supreme court placed reliance on the decision in slatterie v. ..... the hon'ble apex court further explained the meaning of 'grant' of land in cantonment area' under the said order dated 12.09.1836 placing reliance on books on the issue, observing as under:-with the lapse of time civilians were also encouraged to build bungalows on the govt. ..... rly assuperintendent cawnpore area for rs. ..... area in acres 3.20 acres 5. .....

Smt. Sahodara Devi and ors. Vs. Government of India and anr.

Court : Supreme Court of India

Reported in : AIR1971SC1599; (1972)3SCC156; [1971]SuppSCR230; 1971(III)LC568(SC)

..... on the 26th june, 1925, rules were framed for the first time under section 280 of the cantonments act of 1924, regulating administration of cantonment lands. ..... subsequently, the first act to be passed in respect of these lands was the cantonments act no. ..... this court held:-'this is an instance where, on the existence of the condition precedent, the grant of money or pension becomes obligatory on the government notwithstanding that in section 5(2) the government has been given the power to pass such orders as it deems fit and in sub-section (3) the word 'may' is used. ..... section 5(2) is discretionary because it takes into account all cases which may be brought before the government of persons claiming to be adversely affected by the provisions of section 3 of the act. ..... on 25th october, 1966, the military estates officer wrote to the appellants to collect the form from, the cantonment executive officer, kanpur cantonment, who was the agent of the military estates officer, and to submit it, after completion, to the military estates officer, lucknow, along with a site plan. ..... after taking this sale-deed, they applied for mutation to cantonment authorities; but objections were raised and the authorities did not agree to mutate the names of the appellants until the appellants agreed to give an undertaking to be bound by the terms of the governor-general's order of september 12, 1936. .....

Jaya Balagangadharan Vs. The State of Kerala represented by The Chief ...

Court : Kerala

..... it is true that when acquisition of the land was within the limits specified under section 4 and declaration under section 5 of the cantonments 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. ..... fixation of price after notification under section 4(1), which is evident from section 11(2) of the act which reads as under; "(2) notwithstanding anything contained in sub-section ( 1 ), if at any stage of the proceedings, the collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the collector in the form prescribed by rules made by the appropriate government, he may, without making further enquiry, make an award according to the terms of such agreement". therefore, merely for the reason that government had ..... once 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 void. .....