Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 78 what buildings etc are to be deemed vacant Page 1 of about 426 results (0.127 seconds)

The Cantonment Board by Its Executive Officer, Camp Belgaum Vs. Smt. J ...

Court : Karnataka

Reported in : 1999(2)KarLJ569

..... 1 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 contention raised by the appellant-defendant is that the suit is barred under section 274 of the cantonments act, 1924. ..... the plaintiff violatedthe provisions of the cantonments act and the bye-laws thereunder applicable to the buildings in the cantonment area. ..... though 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. ..... --whoever begins, continues or completes the erection or re-erection of a building- (a) without having given a valid notice as required by sections 179 and 180 or before the building has been sanctioned or is deemed to have been sanctioned, or (b) without complying with any direction made under sub-section (1) of section 181, or (c) when sanction has been refused, or has ceased to be available, or has been suspended by the officer commanding-in-chief, the command, under clause (b) of sub-section (1) of section 52'. ..... there cannot be two opinions that the regulations and bye-laws in respect of buildings, are meant to serve the public interest. ..... the plaintiff is paying house tax, sanitary tax etc.,3. .....

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

..... 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 municipal committee or notified area committee, (ii) any premises belonging to the delhi development authority, whether such premises are in the possession of, or leased out by, the said authority;(iii) any premises belonging to, ..... the cantonments act concerns itself with the 'control over buildings, streets, boundaries, trees, etc. ..... differently, from what date have cantonment lands been 'public premises' within them meaning of those words as defined in section 2(e) of the act.12. ..... what has been done in the case of the petitioner is that because of an existing fact situation, a less drastic power has been used against him and there cannot be any reason for the petitioner .....

Bahadur Singh Etc. Vs. Union of India

Court : Delhi

Reported in : ILR1976Delhi375

..... 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 ..... of the board provided in sub-section (1) of section 117 are that the board may, within the cantonment, make provisions for- (i)laying out in areas whether previously built upon or not, new streets and acquiring land for that purpose and for the construction of buildings and compounds of buildings, to abut on such streets ..... 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 ..... be made and to what particular use the lands would be put and as such the persons interested were not in a position to put forward objections in an effective manner under section 5a to the proposed acquisition was also repelled holding that in a notification under section 4, the appropriate government .....

Smt. Shobha Kailash Bonekar Vs. Cantonment Executive Officer, Cantonme ...

Court : Andhra Pradesh

Reported in : AIR2008AP23; AIR2008Bom23(FB)

..... 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 ..... 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. ..... is specifically defined for the purposes of this act under section 2(11) as follows:section 2(11) 'local authority' means a zilla parishad, a municipal corporation, or a municipal council, as the case may be.inasmuch as the act itself defines as to what is the local authority, that definition of the local authority under the act will govern the concept of local authority as used under the act and one is not required to look to the definition under the general clauses act. ..... to and relied on the decision of the apex court in national buildings' construction corporation ltd. v. ..... the divisional boards are concerned, their duties are given in section 19 of the act, which amongst others, include conduct of final examination within its area, to admit the candidates, to open centres within its jurisdiction for the final examination conducted by it, declaration of results, etc. .....

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)

..... has struck down rule 5-c 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. ..... rule 5-c was 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. ..... 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, central command.3. ..... (4) save as provided in sub-rule (3), the terms and conditions of service of a servant transferred under this rule shall be deemed to be these applicable to the servants of the transferee board. ..... (5) where the servant opts under clause (ii) of sub-rule (3), the service put in by him under the transferor board before his transfer shall be deemed to be service under the transferee board.5. .....

Smt. Haannurammabai Kalal (Deceased) by L.R. Vs. Cantonment Board

Court : Karnataka

Reported in : 2008(3)KarLJ528; 2008(1)AIRKarR178; 2008AIHC1220(Kar); 2008AIHC1220(Kar)

..... sub-section (4) of section 273 of the cantonments act, 1924, reads as under:nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit ..... words, since the settlement officer has no power to do what civil court would normally do in a suit it is difficult to imply ouster of civil court's jurisdiction simply because finality has been accorded to the settlement officer's order under section 64-c of the act.16. ..... of revenue is to be made.further, even where the statute has given finality to the orders of the special tribunal the civil court's jurisdiction can be regarded as having been excluded if there is adequate remedy to do what the civil court would normally do in a suit. ..... following principles regarding exercise of jurisdiction of the civil court:(1) where the statute gives a finality to the orders of the special tribunals the civil courts' jurisdiction must be held to be excluded if there is adequate remedy to do what the civil court would normally do in a suit. ..... and its several provisions are thus intended to serve the revenue purposes of the government, by way of securing to the government its sovereign right to collect all the revenues from all the lands and to facilitate the recovery thereof by the government and in that proceeds, if necessary, to deal with claims of occupants of lands, nature of the lands, etc. .....

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

..... as such, 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. ..... from whom it is collected for the repayment of the money recovered from him in excess of the permissible amount.... here since the assessing officer had no authority to levy a tax beyond what section 142-a of the government of india act, 1935 permitted or what article 276 permits his proceedings are void in so far as they purport to levy a tax in excess of the permissible amount and authorise its collection and the assessment order is no answer to the suit for the ..... ? when section 60 links the power to impose lax with any enactment for the time being in force in respect of any municipality in the state where the cantonment is situated, then it shall be deemed that it has also prescribed the limit of the ceiling of such tax with reference to the said enactment in force in respect of any municipality in that ..... . as such the said notification shall not be deemed to have been issued exercise of power under a law enacted by the legislature of the state for the objects mentioned in article 276, to that extent, we are not in agreement with the opinion expressed by the learned judge of the high ..... provisions have to be read in the act or to be deemed by implication to be there as the constitution is the paramount law to which all other laws are subject as was the government of india act, 1935 before january 26, 1950. .....

Mahesh Jain vs.delhi Cantonment Board and Anr

Court : Delhi

..... against the order of sealing, had requisitioned the files of the estate officer; (iii) resultantly, during the pendency of the appeal aforesaid, the premises remain sealed; (iv) that simultaneously with the initiation of proceedings under section 5b of the pp act, proceedings under section 248 of the cantonments act, 2006, also for demolition of unauthorised construction were also initiated; (iv) orders dated 31st july, 2012, 8th august, 2012 and 21st august, 2012 were passed in proceedings under ..... cantonments act; (v) that the petitioner has preferred appeals under section 340 of the cantonments act against the orders dated 31st july, 2012, 8th august, 2012 and 21st august, 2012 in proceedings under section 248 of the cantonments act; (vi) the orders in the said appeals were reserved on 13th august, 2018; (vii) that after the dismissal of appeal aforesaid before the district judge against the order dated 5th november, 2012, section 5b proceedings also were rekindled and are ..... however, since the counsel for the petitioner has expressed apprehension of delay and the property has in any case remained sealed for long, it is deemed appropriate to make the decision of the appeal under section 340 of the cantonments act time bound. .....

Cantonment Board and ors. Vs. Jagat Paul Singh Cheema

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ60

..... dealing with the issues raised by the learned counsel for the parties, reference to the provisions of sections 43, 51 and 52 of the cantonments act, 1924 may be necessary. ..... chief would also lack jurisdiction and authority to annul the decision of the board, for the power of the officer commanding-in-chief to annul the decision of the board presupposes a valid reference to him under section 51(1) of the cantonments act, 1924.16. ..... learned senior counsel appearing for the respondent submitted that the learned single judge's interpretation of the provisions of the cantonments act, 1924 was correct in law and that no interference was warranted in the impugned judgment. ..... that the officer commanding-in-chief did not possess jurisdiction to set aside the decision of the board was erroneous as this view of the learned single judge was not countenanced by the provisions of the cantonments act, 1924. ..... single judge had not taken into consideration the provisions of section 52(2)(c) of the cantonments act while returning the finding which is impugned in this appeal.10 ..... all what has been said above, we uphold the view taken by the learned single judge that the reference was incompetent and consequential order of the officer commanding-in-chief invalid barring his view that the officer commanding-in-chief does not possess jurisdiction to annul the decision of the board under the cantonment act, 1924. ..... for all what has been said above, we do not find any merit in this appeal, which is accordingly .....

Amritsar Contonment Board Vs. Kuldip Chand and anr.

Court : Punjab and Haryana

Reported in : AIR2004P& H43; (2003)135PLR307

..... the term 'occupier' is defined in section 2(xxiii) of the cantonments act, 1924 which reads as follows:-'2. ..... it is so provided in section 2(iv) of the cantonments act, 1924 which is as follows:-'2. (iv) ..... the interpretation placed on the term 'occupier' by the lower appellate court would amount to deleting the expression 'or otherwise using his own land or building' from section 2(xxiii) of the cantonments act.11. ..... the defendant filed a written statement and stated that (i) the suit is not maintainable as notice under section 273 of the cantonments act was not served before filling the suit; (ii) the suit is time barred; (iii) the plaintiffs did not file any appeal against the order imposing scavenging tax upon them, and therefore, the ..... 1, the trial court held that the notification imposing the tax under section 60 of the cantonments act has been validly issued with the previous sanction of the central government. ..... a perusal of the definition of building as given in the cantonments act would show that it is an inclusive definition ..... whether the suit is not maintainable for want of service of notice under section 80 cpc and under section 273 of the cantonment act? ..... the aforesaid definition leaves no manner of doubt that the building would include the structures outside the main buildings which are attached to the main house. ..... if so, to what effect? ..... whether the demand of rs.600/- on account of scavenging tax from the plaintiffs for the period 1.1.74 to 31.3.75 by the defendant is illegal etc. .....