Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 78 what buildings etc are to be deemed vacant Court: allahabad Page 1 of about 10 results (0.122 seconds)

Cantonment Board Vs. Kashi Ram

Court : Allahabad

Reported in : AIR1933All486

..... i have not been shown that any other permission in writing is required for building by any of the provisions of the cantonment act except that referred to in sections 181 and 187 and it seems to me preposterous to suggest that when kashi ram had had the sanction of the board in writing under section 181 he did not have the permission in writing of the cantonment authority. ..... kashi ram proceeded with the building but on 25th february 1932, the municipal board sent a registered notice under section 187 of the act requiring himto demolish the unauthorized construction which you are constructing over cantonment land without permission.2. ..... this is an application for the revision of an order of a magistrate of agra acquitting the opposite party kashi ram of an alleged offence under section 187 read with section 268 of the cantonment act, 1924. ..... it is argued that the 'sanction' referred to in section 181, which was the sanction which he had obtained, is a distinct thing from the 'permission' referred to in section 187 and that section 181 only refers to what is called 'municipal sanction' which is given after the board had considered whether there are any of the objections enumerated in section 181. ..... there is no suggestion in the notice issued by the board under section 187 that kashi ram has set up any such projection etc. ..... moreover the notice, as i have already remarked, does not suggest that there was any projection etc. .....

Lachman Prasad Vs. Emperor

Court : Allahabad

Reported in : AIR1935All905

..... offences under section 141(1) read with section 268, cantonments act, and offences under section 141(2), cantonments act, are not specified in schedule 4 of the act, and therefore no court can proceed with the trial of any of these offences except on the complaint of or upon information received from the cantonment authority concerned or a person authorised by such authority by a general ..... are two applications for revision of an order of the learned sessions judge of the shahjahanpur district confirming orders of a learned magistrate convicting the applicant of an offence under section 141(1) read with section 268, cantonments act, and of an offence under section 141(2) of the same act ..... days after the service of the notice it was found that nothing had been done and that being the case, the applicant could have been fined under section 141(1) read with section 268, cantonments act, a sum not exceeding rs. ..... of an offence under section 141(1) read with section 268, cantonments act, and fined a sum ..... the service of a notice upon a person and eventually a cleaning up of the premises with or without an offence committed under section 141(1) read with section 268, cantonments act. ..... that sub-section reads:if, within three months from the date of the service of a notice under sub-section (1), any building or land in respect of which the notice was issued is again in a filthy or in sanitary state, the owner, lessee or occupier, as the case may be, shall be punishable with fine which may .....

Vishwanath Goyal (Deceased by Lrs.) and ors. Vs. Cantonment Board, Agr ...

Court : Allahabad

Reported in : AIR1987All4

..... cantonment board for sanction by giving notice required under section 179 of the cantonments act, 1924 (hereinafter referred to as the act) ..... the language of sub-section (3) wherein it is stated that before sanctioning erection or re-erection of a building on land which is under the management of the meo the board shall refer the application to the meo to ascertain whether there is any objection on part of the government to such erection or re-erection.the person intending to erect or re-erect a building in the cantonment does not have to ..... neglects or omits, for one month after the receipt of a valid notice, to make and to deliver to the person who has given the notice any order of any nature specified in this section, and such person thereafter by a written communication sent by registered post to the board calls the attention of the board to the neglect or omission, then, if such neglect or omission continues ..... building is illegal within the meaning of section 184(a) where it is begun, continued or completed without haying given a valid notice as required by sections 179/180 or before the building has been sanctioned or is deemed ..... to highways on two sides of the boundary we are concerned with in this case is, in the absence of anything to the contrary, suggestive that the description given is of exclusion that is to say, the limits of the shahzadimandi bazar extend up to what is the southern limit of the gwalior road and ..... act, adequacy and sufficiency of remedies provided by it etc .....

Gajraj Singh Son of Sri Attar Singh and Meerut-rohata-barnava-binauli- ...

Court : Allahabad

Reported in : 2006(3)AWC2915

..... legal celutax prop and published in local newspapers namely dainik jag ran & a mar ujala on 4th july, 2004 as required under section 61 read with section 255 of the cantonments act 1924 (2 of 1924), inviting objections and suggestions from all persons likely to be affected thereby till the expiry of a period of thirty days from the date of publication of the said notice;and whereas, all ..... that the toll tax has been imposed on commercial vehicles entering and passing through the limits of meerut cantonment and are continuously utilizing the infrastructure like roads, street light and pavements etc.11. ..... on behalf of the respondents, though faintly, that by reason of section 29, sub-section (2), the indian succession act, 1925 must be deemed to have adopted by reference all laws for the time being in force relating to intestate succession including the travancore christian succession act, 1092 so far as indian christians in tranvancore are concerned. ..... appreciate what relevance the legislative policy in regard to second appeals has to the right of appeal under section 55 so that section 55 should be inseparably linked or yoked to section 100 and whatever changes take place in section 100 must be automatically read into section 55... ..... used in section 60, cantonment act noun and refers to 'statutory' codification in the shape of act, etc.44. ..... 'ingenuity', 'dexterity', 'diligence', systematic work or labour', 'habitual employment in the productive arts', 'manufacturing establishment' etc.. .....

Punjab Lime and Lime-stone Co. Vs. Cantonment Board and anr.

Court : Allahabad

Reported in : AIR1967All15

..... would be perfectly valid notwithstanding the fact that municipal boards can levy the same tax with certain limitations i should like to add that there is no allegation to the effect that the procedure laid down in sections 60 to 63 of the cantonments act was not followed i do not find any force in the second argument advanced by the learned counsel for the petitioners.13. ..... ,-- (1) subject to any general rules or special orders of the state government in this behalf, the taxes which a board may impose in the way or any part of a municipality are- (i) _ _ _ _ _ _ _ _ _ _ _ _ (ii) _ _ _ _ _ _ _ _ _ _ _ _ (iii) _ _ _ _ _ _ _ _ _ _ _ _ (iv) _ _ _ _ _ _ _ _ _ _ _ _ (vi) _ _ _ _ _ _ _ _ _ _ _ _ (vii) a toll on vehicles and other conveyances, animals, and laden coolies entering the municipality: (viii to xiv) _ _ _ _ _ _ _ _ _ _ _ _ (2) provided that taxes under clauses (iii) and (ix) of sub-section (1) shall not be levied at the same time, nor shall an octroi on goods under clause (viii) of sub ..... chapter viii of the cantonments act (ii of 1924) contains the duties and discretionary functions of cantonment boards. ..... the learned counsel for the petitioners has contended that what was in existence was the power to impose a particular tax, but as the tax in question was not imposed before the coming into force of the constitution but after it, the tax is invalid. .....

Smt. Khuslata Tiwari Vs. Director, Defence Estates and Others

Court : Allahabad

..... this regard reference may be made to section 179 of cantonment act, 1924 which starts with words whoever intents ..... cause as to why action under section 184 of the cantonment act, 1924 should not be taken against him. ..... however while granting sanction to construct either under cantonment act or any other law relating thereto like municipalities act or development and planning acts, the question whether the person seeking permission to build is authorised to do so over the particular piece of land ..... out on old grant site without prior permission of the competent authority and subject to the prescribed formalities as per the land polity/ cantonments act. ..... in such situation request/ prayer for composition/ compounding was maintainable and the cantonment authorities could decide as to whether constructions were in accordance with relevant regulations or bye-laws or not without prejudice to ..... power of compounding/ composition is provided under section 185, first proviso, which is quoted below: provided that the board may instead of requiring the alteration or demolition of any such building or part thereof accept by way of composition such ..... evidence that new constructions have been carried out in the out house, there is no doubt that new constructions have been carried out on vacant land on or behalf of shri masih charan. ..... appear before the appellate authority on 14.03.2012 along with certified copy of this judgment failing which this writ petition shall be deemed to have been dismissed. .....

Lekh Raj Vs. 4th Additional District Judge, Meerut and ors.

Court : Allahabad

Reported in : AIR1982All265

..... sought to be achieved by conferring the power of legislation not on the legislature of the state concerned but on the parliament so far as the buildings situate within a cantonment are concerned and thereby passes an act laying down the restrictions and exceptions referred to above and chooses to rely on the wisdom of the state legislature as regards such matters which are common throughout the state, it cannot be said that the conferment of power on the central government to extend the enactment in this ..... to confer a fresh power on the central government to issue the relevant notification in supersession of the power contained in section 3 of act 46 of 1957-the words 'on and from the date on which the united provinces (temporary) control of rent and eviction act 1947, (united provinces act iii of 1947) is extended by notification under section 3 of the cantonments (extension of rent control laws) act 1957 (46 of 1957), to the cantonments in the state of uttar pradesh' were in our opinion used to give the date on and from which ..... the words 'on the date of the notification' in section 3 of the principal act were omitted so that under section 3 the central government was to be deemed to have been empowered always to extend to a cantonment any enactment relating to the control of rent and regulation of house accommodation in the state even as it stood before the date of the notification. ..... what is non-existent cannot be be extended. .....

Har Gopal Jaiswal and anr. Vs. the Cantonment Board, Kanpur and anr.

Court : Allahabad

Reported in : AIR1981All29

..... 28,000/- with effect from 1-4-1976 under the provisions of section 71 of the cantonments act, 1924 without prejudice to the rights of the cantonment board to revise the assessment during the ensuing triennial assessment. ..... the petitioners also moved an application under section 71 of the cantonments act, 1924 (hereinafter referred to as the act) claiming amendment of the assessment list prepared by the board, whereunder they had been assessed to house tax and water tax for the years 1974-75 to 1976-77 treating the annual value of the house as rs. ..... in order to deal with various submissions made by the learned counsel, it will be convenient to notice the provisions relating to assessment of house tax and water tax, which are taxes imposed by the cantonment board kanpur on the annual value of building and lands; contained in the act.7. ..... what section 88 provides is that the order of an appellate authority confirming, setting aside or modifying an order in respect of any valuation or assessment or liability to assessment or taxation shall be final. ..... what section 88 contemplates is that, where the appellate authority after going into the merits of thecase either confirms or modifies or sets aside the order of the original authority, the order so passed by the appellate authority shall be final. .....

Committee of Management, Anjuman Islamiya Mariyadih and anr. Vs. Assis ...

Court : Allahabad

Reported in : (1998)2UPLBEC1000

..... that by a reasoned order passed in this writ petition, the alleged l/4th members of the society have purported to seek a reference under section 25 of the act on the basis of the certificate, the prescribed authority is in cession of the said reference which is still pending.4. ..... registrar was incompetent in deciding the said dispute within the meaning of section 25 of the societies registration act, 1860 (hereinafter referred to as the act) and it was incumbent on him to refer the same to ..... member of the society, then it can not be brought within the purported meaning of section 25 of the act relating to the decision of continuance in office as an office bearer or election thereto. ..... for the petitioners contends that in the garb of deciding the dispute with regard to membership, the question under section 25 of the act cannot be gone into by the assistant registrar.3. ..... section 25 of the act postulates a definite and specific question with regard to any doubt or dispute with regard to continuance in office of an office bearer of the society, which is required to be independently raised and ..... an objection with regard to the renewal of certificate, then it is also not possible to challenge the same on the ground that it ought to have been referred to under section 25 of the act. ..... sri khare the objection against certificate of renewal cannot be treated to be a doubt or dispute with regard to election or continuance in office of an office bearer and is not amenable to section 25 of the act. .....

Dr. C.B. Singh Vs. the Cantonment Board, Agra

Court : Allahabad

Reported in : AIR1974All147

..... section 116 of the cantonment act, 1924 prescribed the ..... section 108 of the cantonments act ..... at all events, the cantonment board was not legally liable either under the cantonment act or under the motor vehicles act for any collision which took place on account of the impact ..... surely, it was not the case of the board that it was constructed at the instance of the district magistrate or regional transport officer as contemplated by section 75 of the motor vehicles act read with rule 184, quite apart from the statutory duty, the common law also casts a duty on the board to keep the streets free from obstructions which were ..... hand, the local authority in such a caseis under a duty to take reasonable precautions and lighting the refuges is the only reasonable precaution to take, what becomes of the argument that there can be no duty to light them unless the statute imposes it?'8. ..... for a jury was : 'you must give the plaintiff a compensation for his pain and bodily suffering of course it is almost impossible for you to give to an injured man what can be strictly called a compensation, but you must take a reasonable view of the case and must consider under all the circumstances, what is a fair amount to be awarded to him'. ..... will be necessary to examine as to what was the real cause of the accident. ..... car at night has aright to assume that the road ahead of him is bereft of obstructions and that dangers around are indicated by proper safeguards or forewarning in the shape of signals by light etc. .....