Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 78 what buildings etc are to be deemed vacant Page 8 of about 426 results (0.116 seconds)

Cantonment Board, Mhow and anr. Vs. M.P. State Road Transport Corpn.

Court : Supreme Court of India

Reported in : I(1997)ACC586; AIR1997SC2013; JT1997(4)SC561; 1997(3)SCALE484; (1997)9SCC450; [1997]3SCR813

..... are that the cantonment act, 1924 is the earliest in point of time which empowered the cantonment board to impose tax with the previous sanction of the central government which tax could be imposed in any municipality in the state where such cantonment ..... the time being in force, no local authority shall, after the commencement of this act, impose for enhance a tax, toll or licence fee in respect of a motor ..... act being a special act dealing with levy of tax on motor vehicles the later law, namely, the municipalities act cannot be said to have repealed the earlier provisions of the taxation act and ..... cantonments the cantonments act 1924 (act 2 of 1924) was enacted in place of the earlier cantonment act (act 15 of 1910 and the cantonment code of 1912) to bring the law relating to the administration of cantonments ..... section 6(1) of the madhya pradesh motor vehicles taxation act, 1947 (hereinafter referred to as the 'taxation act') the municipality could not have imposed the entry tax on motor vehicles conferred under section 127 of the madhya pradesh municipalities act, 1961 (hereinafter referred to as the 'municipalities act') and consequently the cantonment board in exercise of its power under section 60(1) of the cantonment act ..... purposes of the act, namely:(iii) a tax on vehicles, boats and animals used as aforesaid entering the limits of the municipality but ..... section 6 of the taxation act what is prohibited is levy of tax which is leviable under section 3(2) of the taxation act ..... etc .....

Manjeri Public Conveyance, Manjeri P.O. Vs. Secretary, Regional Transp ...

Court : Kerala

Reported in : AIR1977Ker64

..... the effect of increasing the number of vehicles operating in the region, or in any area or on any route within the region, under the class of permits to which the application relates, beyond the section 47 or sub-section (2) of section 55, as the case may be, the regional transport authority may summarily refuse the application without following the procedure laid down in this sub ..... p-1 notification and as this is well within its powers as per section 57 (2) of the act, an application received after the date fixed in the notification cannot be considered along with applications made in ..... latter case the supreme court has said:'where the regional transport authority issues a notification under section 57 (2) inviting applications for a permit for an additional bus on an existing route, it can reasonably be held that the rta has arrived at a decision as to the limit of the number of permits as required under section 47 (3) because it is not the form but the substance of the order that has ..... has taken a decision to limit the number of permits but where the applications are invited for a permit in an existing vacancy as in this case, it cannot be said that a limit has been fixed by ..... p-5 judgment of the stat does not call for any interference since what has been held therein is that the summary dismissal of the 4th respondent's application by ..... petitioner's application and the applications of the 4th respondent in the light of what is said in this judgment.10. ..... what should be done when .....

Philo Peter and anr. Vs. Divyanathan and ors.

Court : Chennai

Reported in : AIR1989Mad111; (1988)IIMLJ1

..... judge, after considering the other decisions, came to the following conclusion : --"a reading of schedule ii, article 11(k) of the tamil nadu court-fees and suits valuation act, 1955, clearly shows that in case of wills not disputed a fixed court-fee is made payable and where the wills are disputed and the matter becomes contentious, a court-fee of one half of the ad valorem value is made payable in view of the procedure for such matters as laid ..... according to them, what is provided under section 295 of the indian succession act is the procedure to be followed when the proceedings become contested the use of the words 'as nearly as may be' in the said section itself indicates that the proceeding in question was not considered to be exactly the same as a suit. ..... in so far as the proceedings relating to testamentary and intestate matters covered under order 25 of the original side rules, are concerned, we have already seen that there are" specific provisions providing for registering a petition as a suit as and when the application is registered by means of a caveat. ..... but on the other hand, as sections 278 to 281 of the said act show, they are commenced by an 'application' or a 'petition'.11. ..... we have bestowed our anxious consideration to the meaning of the words'as nearly as may be' and we are unable to persuade ourselves to come to a conclusion that the proceeding under section 295 can be termed to be a regular suit. .....

P.V. Jaya Rao Vs. Cantonment Board, Secunderabad (Dn.)

Court : Andhra Pradesh

Reported in : AIR1961AP113

..... he applied to the cantonment board under section 179 of the cantonments act ii of 1924 on 21-5-1954 for permission to build outhouses consisting of three rooms and a verandah and servant's quarters consisting of two rooms and a verandah, one to the south-east and the other to the ..... posed for our adjudication that the cantonment board was vested with powers under the cantonment act ii of 1924 over busareddiguda village, wherein the petitioner's building is located at all material times. ..... of the powers conferred by section 60 of the cantonment act, 1924 (2 of 1924) and in supersession of ..... the notification runs thus:'the military governor, hyderabad, hereby declares that the cantonment of secunderabad will be administered in accordance with the cantonment act ii o 1924 as applied to secunderabad cantonment prior and upto 14th august 1947 and the construction of the cantonment will he a corporation sole, administered by the officer commanding the station'.we pause to notice here that the military governor was representing the nizam, who was ..... it is as under:'within the limits of the cantonment of secunderabad not only the khalsa villages but also the sarf-i-khas, paigah and other jagir villages are situated.....it is considered necessary that for the future the granting of permission to construe and repair and enlarge the buildings within the limits of the cantonment of secunderabad shall rest with the secunderabad cantonment committee instead of with the khalsa, sarfe-i-khas or ..... etc .....

Pune Cantonment Board and Another Vs. Bharat Forge Co. Ltd.

Court : Mumbai

Reported in : AIR1998Bom53; 1998(1)BomCR692; (1998)1BOMLR812; 1998(2)MhLj445

..... buildings of the respondents are assessed and taxed on their annual value in accordance with the provisions contained in chapter v of the cantonment act, 1924 ('act ..... the cantonment executive officer thereafter sent a fresh notice dated 3rd june, 1983 to the respondents under section 71 of the cantonment act for amendment of the assessment list stating that the cantonment board had proposed to increase the annual letting value of the property due to ..... respondent's objections were disposed of sometime in april, 1984, the amended entry will be effective even for the preceding years 1981 -82, 1982-83 and 1983-84 because by reason of additions and alterations the cantonment board is expressly empowered to levy the taxes from the date when such additions and alterations were made subject to the condition that such levy cannot be effected in respect of any period prior to commencement ..... the list so altered would become operative from the date when such additions and alterations were made subject to the bar contained in the proviso to section 71 that no person shall by reason of any such amendment shall become liable to pay any tax or increase of tax in respect of any period prior to the commencement of the year in ..... general public requires in such cases that the municipal committee which is under a statutory obligation to provide civic amenities to the people, must have the power to do what ought to have been done but which for some reason or the other, had remained to be done.13. mr. ..... what .....

Cantonment Board, Jammu and ors. Vs. Jagat Pal Singh Cheema

Court : Supreme Court of India

..... , that the high court had allowed the writ petition of the respondent on the ground that the order of the officer commanding-in-chief, the command, affirming the order of the cantonment board removing the respondent from service was passed on the basis of an invalid reference made to the officer commanding- in-chief, the command, under the provisions of the cantonments act, 1924 (hereinafter referred to as the act).3. ..... ; or (b) direct the suspension, for such period as may be stated in the order, of action on any decision of a board, other than a decision which has been referred to him under sub-section (1) of section 51, and thereafter cancel the suspension or after giving the board a reasonable opportunity of showing cause why such direction should not be made, direct that the decision shall not be carried into effect or that it ..... of the officer commanding-in-chief, the command, in respect of decisions of the board which are not covered by a reference made under section 51 of the act, the later provisions of section 52 specifically deals with matters referred to the officer commanding-in- chief, the command, under section 51(1) of the act. ..... whether the two shades of power under section 52 has to be understood to be available for exercise in specific water tight compartments which are mutually exclusive and inconsistent to each other ..... behalf of the parties, it will be convenient to extract the provisions contained in sections 51 and 52 of the act which are extracted below:51. .....

The Cantonment Board, Ambala Vs. Pyarelal

Court : Supreme Court of India

Reported in : AIR1966SC108; 1966CriLJ93; [1965]3SCR341

..... -compliance with the terms of any notice, order or requisition issued to any person under this act, or any rule or bye-law made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for the cantonment authority after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or work required to be done or executed by him, and all the expenses incurred on such ..... the relevant part of the section now reads as follows:- "notwithstanding anything elsewhere contained in this act, arrears of any tax, rent on land and buildings and any other money recoverable by a board or a military estate officer under this act or the rules made thereunder may be recovered together with the cost of recovery either by a suit or. ..... 259 of the cantonments act, no. ..... ii of 1924 'rent' on land or buildings under the management of the cantonment board can be recovered thereunder by a magistrate. ..... what the expression "recoverable by a board' or the military estates officer under this act or the rules made thereunder" means is what the act or the rules permit the board to recover or what the act or the rules permit the military estates officer to recover. ..... in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner. ..... there is no doubt that "any tax" and "any other money" mentioned in the section are governed by the words "recoverable by a board etc. .....

Kalpataru Builders and Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2005(4)ALLMR751; 2005(6)BomCR787

..... 3 - defence estate officer under section 181(3) of the cantonments act, 1924 (hereinafter referred to as 'the act'). ..... and method of construction to be used for external and party walls for rooms, floors, fire-places and chimneys; (i) the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on; and (j) any other matter affecting the ventilation and sanitation of the buildings, and the person erecting or re-erecting the building shall obey all such written directions in every particular. ..... mr.presswala submitted that in the present case, there was no breach of any of the provisions of the statute by the cantonment board, but assuming that there was any, that cannot lead to a deeming sanction against the owner of the land who had clearly laid down in the lease that his prior consent was necessary before resorting to any erection on the concerned plot. ..... as far as the present matter is concerned, what is laid down with respect to section 181(4)(b) in the above matter will apply with greater force since the present case is one under section 181(4)(a) where granting such a permission would be in breach of the terms of the lease. ..... the goc-in-c has the overall power under section 181-a of the act to sanction general scheme for prevention of over-crowding etc. .....

State of Kerala Vs. Parameswaran Pillai Vasudevan Nair

Court : Kerala

Reported in : 1975CriLJ97

..... of this provision any article of food which does not conform to the standards specified in appendix b (appendix i) to the rules which under section 2(1) of the act is said to be adulterated because 'the quality or purity of the article falls below the prescribed standard or its constituents are present in quantities which are in excess of the prescribed limits of variability....it appears to us therefore that standards having been fixed as aforesaid any person who deals ..... court added that the variations in the solid contents of the milk were not so great as to merit attention but guardedly said, only 'prima facie' and underlined it, this was what the court said:the variations of the solid contents of the milk prima facie were not so great as to merit attention even in the first instance and we think that ..... section 2(i)(1) of the act, an article of food shall be deemed to be adulterated if the quality or purity of the article falls below the prescribed standard or its constituents are present in quantities which ..... : [1961]3scr986 , the supreme court after saying that it was a fundamental principle of interpretation that the primary test was the language employed in the act and when the words were clear and plain courts were bound to accept the expressed intention of the legislature held :if the standard is not maintained, ..... context from its judgment as containing a full exposition of the law on a question when the question did not even fall to be answered in that judgment and build upon it .....

Philo Peter and anr. Vs. Divyanathan and ors.

Court : Chennai

Reported in : (1988)2MLJ1

..... considering the other decisions, came to the following conclusion.a reading of schedule ii, article 11(k) of the tamil nadu court-fees and suits valuation act, 1955 clearly shows that in case of wills not disputed a fixed court-fee is made payable and where the wills are disputed and the matter becomes contentious, a court-fee of one-half of the ad valorem value is made payable in view of the ..... petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant.section 299 provides for an appeal against every order made by the district judge.4, before construing the scope of section 295 of the indian succession act, it is better to refer order 25 of the rules of the original side of the high court, madras of 1956. ..... the above said decisions, it is necessary to take notice of the relevant provisions in the indian succession act (1925), section 226 of the act provides that the district judge shall have, in relation to the granting of probate and letters of administration, all the powers and authority as are vested in him in relation to any civil suit. ..... according to them, what is provided under section 295 of the indian succession act is the procedure ..... what are the matters which should be mentioned in such an application, is provided in section ..... whether there is caveat or not, it matters little because what is intended under the act is that once there is contest in such proceedings, it .....