Judgment Search Results Home > Cases Phrase: howrah municipal repealing act 1974 Page 1 of about 18,805 results (0.100 seconds)

In Re: Sm. Ranu Sengupta and ors.

Court : Kolkata

Reported in : AIR1982Cal420,86CWN598

..... it appears that howrah municipal act, 1965 was thereafter repealed and in the year 1974, electoral rolls of the municipality had also been prepared. ..... and in the instant writ petition, the legality and validity of the said order of transfer has been challenged by the petitioners on the allegation that the constitution of a committee to administer the affairs of the howrah municipality under section 56a of the bengal municipal act was illegal and void and as such the members of the said illegal committee had no jurisdiction to assume their offices and discharge their duties and functions as members of the said committee. ..... a supplementary affidavit has also been filed on behalf of the state respondents and it has been contended therein that the state government intends to hold election of the howrah municipality as early as practicable under the provisions of the amended act, but such holding of election will take a few months for complying with various formalities and the reasons for such time to hold the proposed election have also been explained in the supplementary affidavit. 7. ..... banerjee also contends that as the slate government contemplated to amend the provisions of the bengal municipal act and as it was contemplated to constitute the howrah municipality differently and to hold elections after the amendment of the act, the state government was quite justified in not holding the elections earlier. .....

Ram Bilash Sah Vs. the State of Bihar and Others

Court : Patna

..... in the considered opinion of this court, the ratio laid down in the case of howrah municipal corporation (supra) will have no application to the facts of this case inasmuch as it was only the issue of payment of salary as raised by the petitioner in his earlier writ petition; c.w.j.c. no. ..... it is well settled that a rule validly made, becomes a part of the parent act, and survives the repeal of the act under which it is framed, if it is not inconsistent with the provisions of the repealing act and if such a rule can be framed under it. ..... howrah municipal corporation and ors. ..... there is also no dispute that these statutes though framed under the provisions of bihar state universities act, 1960 are still in force because under the new act, namely, bihar state universities act, 1976, which has repealed the bihar state universities act, 1960, no fresh statutes for governing the service conditions of the employees of the affiliated colleges has been framed as yet by the learned chancellor. ..... 1972 rules which were framed under section 8(1) of the 1960 act to the extent they provided for the minimum qualification of the teachers, evidently survived the repeal by the ordinance in the year 1974 and by the act in the year 1976, because no rules and/or statutory provisions otherwise created, ever existed causing or creating repugnancy of any kind ." 22. .....

State of U.P. Thru Secy. Lucknow Vs. Jagdish Chandra

Court : Allahabad

..... shri sanjay goswami, learned additional chief standing counsel appearing for the state challenging the order dated 13/8/2012, passed by the district judge submitted that after the repeal of the act, 1976 by the repeal act, 1999, no appeal could have been filed by the tenure holder and the appeal filed by the tenure holder in the year 2007 against the order dated 31/3/1997, was ..... question whether the land holder was in actual, physical possession of the land can only be determined by an authority under section 33 of the act, 1976 and no other authority can decide the question of possession and the right of the parties, since the repeal act, 1999 gives right to the land holder to retain the land in his own right where the actual, physical possession of the land has not ..... thus even if the district judge wrongly exercised the jurisdiction but as the order passed by him was in accordance with the substantive provisions contained in the repeal act and ultimately did justice between the parties, there would be no justification to set aside the same in discretionary and equitable jurisdiction of this court under article 226 ..... the division bench did not enter into the issue as to whether the district judge has rightly exercised jurisdiction in deciding the appeal after the repeal act, 1999, rather upheld the judgment on the ground that the order of the district judge did justice between the parties and there would be no justification to set-aside the same in ..... municipal board, bareilly, (1974 .....

Chairman of the Commissioners of the Howrah Municipality Vs. Haripada ...

Court : Kolkata

Reported in : AIR1932Cal315

..... it is argued on behalf of the appellant before us that by virtue of the provisions of section 25, bengal general clauses act (l of 1899), the government notification extending the operation of section 228, calcutta municipal act of 1899, to the howrah municipality continues to be still in force and the notification 'must be deemed to have been issued under the provisions so re-enacted in the act of 1923, in passing it may be stated that mukerji, j. ..... what section 25 means is that the notification under [the repealed act remains intact and attaches to the new act as having been made under that particular provision of the new act which is a ire-enactment of the old one under which the notification was issued. ..... the calcutta municipal act of 1899 has now been repealed and has been replaced by the calcutta municipal act of 1923 (act 3 (b. c. ..... the question for decision in these appeals is whether by the repeal of the calcutta municipal act of 1899 by the act of 1923 the. ..... 's reasons are as follows:section 25, bengal general clauses act, in my opinion means that if a notification was issued under a repealed enactment it would be deemed to have been issued under the corresponding re-enacted provisions, until or unless it is superseded. ..... but the whole of the act of 1899 having been repealed, section 228 of that act has also been repealed. .....

Chairman of the Municipal Commissioners of Howrah Vs. Shalimar Wood Pr ...

Court : Supreme Court of India

Reported in : AIR1962SC1691; [1963]1SCR47

..... 1932 shall be deemed to be repealed to the extent that section 38 is applicable and as howrah municipality is neither the corporation of calcutta nor is it governed by section 370 of the bengal municipal act, section 38 is inoperative. 7. ..... it cannot be said therefore that section 38 repeals section 386 of the act iii of 1923 as it applies to the howrah municipality. 9. ..... although section 38 of the west bengal fire services act extends to the whole of bengal and to the extent there set out it repeals section 386 of the calcutta municipal act which applies to the corporation of calcutta and section 370 which applies to the other municipalities of bengal yet it does not affect the operation of section 386 of the former act as modified and extended to the municipality of howrah by the notification which has been set out above. ..... under section 542 the effect of the extension was that the bengal municipal act 1932 stood repealed qua the municipality of howrah from the date of such extension and sub-clause (b) of the section provides :- 'except as the provincial government may otherwise by notification in the official gazette direct, all rules, by-laws, orders, directions and powers made, issued or conferred under the portions of this act which have been so extended and in force at the date of such ..... what section 38 of the west bengal fire services act repeals is section 386 of the calcutta municipal act and not section 386 of that as modified and applied to the municipality of howrah. .....

Bhanu Dutta and ors. Vs. the State and ors.

Court : Kolkata

Reported in : AIR1970Cal127,74CWN384

..... there is no corresponding subject dealt with in the howrah municipal act, and therefore, section 8 of the howrah municipal act cannot have the effect of repealing section 6 of the bengal municipal act.10. ..... regarding the contentions raised on behalf of the respondents that by reason of the opeartion of section 8 of the howrah municipal act all laws, applicable to what was previously known as 'the howrah municipality and the bally municipality' stand repealed, i must at once point out that what was repealed was 'all laws relating to matters provided for in this act'. ..... these provisions are not inconsistent with any of the provisions in the howrah municipality act but even the doctrine of implied repeal does not allow the revocation or alteration of a statute by construction when the words may be capable of proper operation without it, (see maxwell 9th ed. p. ..... that being so, if there were any laws which were in force in the two municipalities of howrah and bally covering subjects which were covered by the howrah municipal act, then such laws as were in force in the municipalities of howrah and bally should stand repealed. ..... 794 (w)/67 which were taken up for hearing together, submitted that under section 8 of the howrah municipal act, 1965, 'all laws relating to matters provided for in this act, and in force in howrah, immediately before the date of the commencement of the corresponding provisions of this act read with the calcutta act shall, on and from that date, stand repealed'. .....

Rajbndar Kumar Roy Vs. Bal Govinda Tewari and anr.

Court : Kolkata

Reported in : 136Ind.Cas.903

..... by the howrah municipality suggests that section 202 ceased to have any operation from and after 1904 when section 342, calcutta muni cipal act, 1899, was extended to howrah we have looked into the municipal manual and beyond the suggestion made by somebody who was charged with the duty of compiling the manual that one section corresponded with the other there is nothing whatever in the said book to suggest that section 202 was repealed ..... one section does not cores pond to the other and there is no foundation for the suggestion that in 1904, section 202 was repealed and consequently there is no foundation for the suggestion that by reason of the non existence of section 342, calcutta municipal act, 899, so far as howrah, is concerned at the present moment section 202 must be considered to have been revived. ..... the matter attracted the notice of the district magistrate and he has made & reference to this court for the determination of the questions: (1) whether section 202, bengal municipal act, so far as howrah is concerned has been repealed : and (2) what is the present state of the law having regard to the fact that section 342, calcutta municipal act iii (b. 0. ..... the magistrate before whom the matter came, came to the conclusion that section 202, bengal municipal act, so far as howrah was concerned, had been repealed when in 1904 the local government by a notification in the calcutta gazette extended section 342 of the then calcutta municipal act iii (b. o. .....

Mahadev Prosad Khemka Vs. Hanuman Seba Trust

Court : Kolkata

Reported in : AIR1954Cal16,57CWN514

..... of the new act which repealed the earlier act provided for the exclusion of the howrah municipality and consequently if the stay under the old act was automatic, its termination also would automatically follow as soon as the operation of the act was withdrawn from ..... assuming that he was not required to make an application between 7-4-1948, when rameswar died and 15-5-1949, when for the first time the howrah municipality was released from the operation of the act, there was no longer any reason for his not making an application thereafter. ..... footing that the stay was a statutory stay; but such stay in the present case must be taken to have terminated on 15-5-1949.on that date, as i have stated, the act of 1949 came into force and by that act the area within the limits of the howrah municipality was released from the operation of the special law. ..... 3 of the act of 1940 was not automatic was that by the act of 1949, the howrah municipality was excluded from the operation of the act. ..... procedure including the law of limitation it would be legislation on a subject mentioned in item 4 of the concurrent list and would not be a valid piece of legislation,' inasmuch as it impinged on a central act and inasmuch as the consent of the governor-general had not been taken; but if it was in pith and substance a legislation on the subject mentioned in item 21 of the provincial list, it could validly affect a central ..... municipal limits of howrah which were subject to the operation of the original act .....

Rajendra Kumar Roy Vs. Bal Govinda Tewari and anr.

Court : Kolkata

Reported in : AIR1932Cal65

..... by section 202, bengal municipal act, additional summary powers having the same objective without recourse to a magistrate were conferred upon the municipality it does not follow that section 202, bengal municipal act was repealed, it is said that the howrah municipal manual issued by the howrah municipality suggests that section 202 ceased to have any operation from and after 1904 when section 342, calcutta municipal act, 1899, was extended to howrah. ..... one section does not correspond to the other and there] is no foundation for the suggestion that in 1904, section 202 was repealed and consequently there is no foundation for the suggestion that by reason of the non-existence of section 342, calcutta municipal act, 1899, so far as howrah is concerned at the present moment section 202 must be' considered to have been revived. ..... the matter attracted the notice of the district magistrate and he has made a reference to this court for the determination of the questions (1) whether section 202, bengal municipal act, so far as howrah is concerned has bean repealed; and (2) what is the present state of the law having regard to the fact that section 342, calcutta municipal act 3 (b.c. ..... the magistrate before whom the matter came, came to the conclusion that section 202, bengal municipal act, so far as howrah was concerned, had been repealed when in 1904 the local government by a notification in the calcutta gazetta extended section 342 of the then calcutta municipal act 3 (b. c. .....

Hari Pada Roy Choudhury Vs. the Chairman of the Municipal Commissioner ...

Court : Kolkata

Reported in : AIR1931Cal481

..... held thatby virtue of the provision of section 25, bengal general clauses act (1 of 1899), the government notification extending the operation of section 228, calcutta municipal act, 1899 to the howrah municipality continues in force and be deemed to have been issued under the provisions so re-enacted, as the provisions of section 228 are not inconsistent with the provision of section 205, of the new calcutta municipal act 1923 and it is not superseded by any government notification issued under ..... these two appeals have arisen out of two suits which the respondent, the chairman of the municipal commissioners of howrah, instituted against the appellant and others as defendants for realization of arrears of municipal taxes due on a holding situated within the limits of the howrah municipality by a declaration that the said arrears form a charge on the holding and by enforcement ..... what section 25 means is that the notification under the repealed act remains intact and attaches to the new act as having been made under that particular provision of the new act which is a re-enactment of the old one under which ..... act of 1899 having been repealed section 228 of that act has also been repealed. ..... section 25, bengal general clauses act in my opinion, means that if a notification was issued under a repealed enactment it would be deemed to have-been issued under the corresponding re-enacted provisions, until ..... the act of 1923 repeals the earlier act of ..... to be that by the repeal of the act of 1899 by. .....