Judgment Search Results Home > Cases Phrase: howrah municipal repealing act 1974 Court: allahabad Page 1 of about 402 results (0.058 seconds)

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 .....

Ramzan Ali Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1977All105

..... by the amending ordinance, would operate in the application of that section to town areas also and that since sub-section (12) of section 87-a of the municipalities act had been amended before voting on the motion of no-confidence took place on 25-9-1976, that motion could not be said to have been carried unless it was passed by a majority of more than two-thirds of the total number of ..... as town areas are also urban local self-government bodies, it is in our opinion, reasonable to infer that the legislature which was aware of the fact that section 87-a of the municipalities act had been extended to town areas, intended that the amendment of that section should be effective even in its application to town areas also.21 . ..... singh, learned counsel for the respondents, contended that the amendment of section 87-a of the municipalities act effected by the amending ordinance, did not apply to the town areas since what had been extended to town areas was section 87-a as it stood at the time when it was so extended and that any subsequent amendment of ..... 1841:'on a consideration of these authorities, therefore, it seems that the following proposition emerges: where a subsequent act incorporates provisions of ,a previous act then the borrowed provisions become an integral and independent part of the subsequent act and are totally unaffected by any repeal or amendment in the previous act. ..... of howrah v. ..... of howrah v. .....

Ram Singh Vs. State and anr.

Court : Allahabad

Reported in : 1968CriLJ240

..... . in the first case of ballabhdas agarwala : 1960crilj752 , it was found by two of the learned judges of the supreme court out of three that the health officer of howrah municipality was not duly empowered, as the delegated authority, to institute criminal proceedings under the calcutta municipal act on the date on which he had made a complaint against the accused ..... with the coming into force of the adhiniyam and the municipalities act having been repealed, the old designation of the municipal medical officer of health (under section 57 of the u.p. ..... court, it is manifest that he cannot raise any questions as regards the vires of the ordinances or of the rules and orders made thereunder.applying the above dictum to the notification dated 16.12.1955 made under section 29 of the act, it is abundantly clear that the notification is an 'instrument' and would apply to the corresponding provisions of the adhiniyam, after the repeal of the u.p. municipalities act even section 57(2) of the u.p ..... so construed, the president's order would, even after the repeal of the ordinance aforesaid, continue to govern cases of detention made under rule 30 aforesaid under the ordinances....a proper construction of the provisions of section 48 of the act, which has replaced the ordinances aforesaid, read in the light of the provisions of section 8 of the general clauses act leaves no room for doubt that the detention order passed against the petitioner was intended to be continued even after the .....

Smt. Saroj Vs. Smt. Imarta Saini and Others

Court : Allahabad

Reported in : 2000(4)AWC3152

..... in chapter iii of the amending act of 1994, certain provisions of municipalities act, were drastically amended and by section 163 in chapter iv of the amending act, the town areas act was repealed, the effect of which is that town areas act stands wiped of or say effaced. ..... since this provision, as said above, stands repealed and now the provisions of the municipalities act are directly applicable to an election petition with regard to the office of adhyaksh, nagar panchayat, the election petition filed by respondent no. ..... the thrust of the argument is that since an election petition under the provisions of section 20 of the municipalities act is presentable before the district judge exercising jurisdiction in the area, it cannot be transferred to any other officer including the additional district judge. ..... municipalities act and the repeal of the town areas act, the legal position, as it emerges, is that the election of the adhyaksh of a nagar panchayat is subject to challenge by a petition presented before the district judge under the provisions of section 20 of the u. p. ..... munshi and others : [1963]3scr858 , to support his contention that an addition to the former act is not necessarily incorporated in the subsequent act and the repeal of the earlier act does not affect the provisions of the subsequent act bywhich the repealed provisions have been adopted. 7. ..... state of madhya pradesh : air1962sc981 , chairman of the municipal commissioners of howrah v. .....

Babu Ram, Ashok Kumar and anr. Vs. Antarim Zila Parishad

Court : Allahabad

Reported in : AIR1964All534

..... the discretion has been exercised mala fide or on irrelevant considerations we have only to decide whether it has been exercised without regard to relevant matters the impugned levy has been made under section 114 of the act read with a rule made by the government which fixes the tax ceiling at rs 2,000/- section 114 provides that the tax may be imposed on any person 'residing or carrying on business in the rural area' ..... its discretion it may have regard to various circumstances including the existence of an adequate alternative remedy the existence of an alternative remedy does not oust the power of the court to act under article 226; it is a circumstance which would weigh with the court in deciding whether it should exercise the power or not. ..... is liable to pay the tax on circumstance and property to the municipal board of muzaffarnagar wherein the business office of the appellant is located. ..... singh's case : air1956all324 the alternative remedy was not that of an appeal but of a suit for injunction for restraining the municipal board from recovering the illegal levy of toll. ..... of opinion that as the appellant had an adequate alternative remedy of appeal under section 128 of the act from the levy, the court should not intercede.8. ..... municipal board of hardwar union hardwar : air1956all324 and state of u. ..... municipal board, allahabad : air1952all753 ; budh prakash jai ..... a similar clause in the sales tax act was not considered by the supreme court to give a person an adequate and equally .....

Durga Das Bhattacharya and ors. Vs. Municipal Board

Court : Allahabad

Reported in : AIR1962All277

..... though in a fee for a licence some service may be rendered to the licensee, it is only incidental and, entirely optional and the fee is not meant to cover the price of the service rendered.the municipalities act also maintains the distinction between a tax and a fee by providing separately for the two, and also the distinction between a licence fee and a fee for services rendered through sections 293, 293-a, 298 (2) ..... because the amount of a license fee goes to general fund and far exceeds the expenditure on the services rendered to the licensees and on the licensing system, it cannot be said that the licence fee is a tax.a municipal board has certainly no power to impose, a tax other than a tax permitted under the act but a licence fee imposed by it professedly in exercise of its statutory powers cannot be knocked down as a tax, unless it is established beyond doubt that it is a tax. ..... the short answer to this submission is that merely because the entire revenue of the municipality is kept in one fund, that would not indicate, at any rate, conclusively, that the various sources from which the income has been derived are of the same nature.section 174 of the act provides for fees for every notice issued under section 168, every distress made under section 171, and the costs of maintaining any ..... the legislature to my mind did not intend by means of sections 294 or 298 of the act to give a municipal board the power to make a charge which may not be for services rendered.34. .....

Noorullah Ghazanfarullah, Allahabad Vs. Municipal Board of Aligarh and ...

Court : Allahabad

Reported in : AIR1982All469

..... before the supreme court a grievance was made that the high court while disposing of the writ petition did not consider the question relating to the constitutional validity of the uttar pradesh municipalities (amendment) act, 45 of 1975, although the constitutional validity of the aforesaid act was challenged by amending the writ petition. ..... since the supreme court in the aforesaid case of kesavananda bharati has upheld the validity of the constitution (twenty-fifth) amendment act, 1971, it is no longer open to a person whose property has been acquired or requisitioned under a valid law that he should be paid compensation for the property acquired calculated at the market rate at the time of ..... it was further held that since the option to purchase had been exercised under the unamended provisions of section 6 of the act, which provided for giving a year's notice, the substituted section 7-a was not applicable since that section referred to the notice issued under the substituted section ..... it may be noted that on 12-6-1975 the state government issued ordinance 16 of 1975, repealing the provisions of section 224-b and 224-c of the act and enacted new sections 224-b and 224-c. ..... 2, 1974 promulgated an ordinance being bihar ordinance, 50 of 1974, amending certain provisions of the act in its application to the state of ..... , 1974, ..... 1974 and further to deliver possession of the undertaking on the expiration of the above period of 50 years pending the determination and payment of the purchase .....

Vijay Shankar Mishra Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1999CriLJ521

..... but standard form of contracts between unequals.it was further observed in paragraph 22 of the report:however, to the extent, challenge is made on the ground of violation of article 14 by alleging that the impugned act is arbitrary, unfair or unreasonable, the fact that the dispute also falls within the domain of contractual obligations would not relieve the state of its obligation to comply with the basic requirements of article 14. ..... of a person appointed as a law officer shall be regulated by the general rules made by governor under clause (b) of sub-section (2) of section 241 of the government of india act, 1935...and by and in accordance with the provisions of paragraph 15(2) of the government of india act (commencement and transitory provisions) order, 1936, there can, therefore, not be the slightest doubt, and this has been virtually conceded (hat the petitioner is a state servant holding ..... in a bail application bearing no, 12855/95, which was preferred by one katnta singh, superintendent of naini jail, who was arrested under section 5/2 of the prevention of corruption act, the petitioner leaked vital information to the counsel for the accused and a complaint in that regard was sent by him to the additional director of vigilance which was brought to ..... bombay municipal corporation : air1986sc180 while dealing with the provisions of section 314 of the bombay municipal corporation act, in which vast powers were given to the municipal corporation to remove pavement dwellers .....

Anugrah NaraIn Singh and Another Vs. State of Uttar Pradesh and Others

Court : Allahabad

Reported in : AIR1992All62; (1992)1UPLBEC170

..... :-- 'that this council recommends to the governor general in council the adoption of the following recommendations of the decentralisation commission namely:-- (a) that subject to the maintenance of prescribed minimum balances, municipalities should have a free hand in respect of their budgets; (b) that municipal council should usually elect their own chairman; (c) that district boards should contain an elective majority chosen by the non-official members of the sub-district boards; (d) that village panchayats ..... (if at any time the (state government) is, after taking into consideration the explanation of the board, satisfied that the board (has made a wilful) default in the performance of any duty imposed (upon) it by or under (this) act or any other enactment or (has exceeded or abused) its powers, it may, by order (together) with the reasons therefor published in the official gazette, dissolve the board or supersede it for such period as may be specified; (explanation ..... specified in the order made under section 30 it has laid down in section of the uttar pradesh municipalities (supplementary) act 1950 (v of 1951) that- (a) the said section empowers and be deemed always to have empowered the state government to vary, amend or enlarge the period from time to time, and nothing in sections 10a and 31 of the said act shall be construed as limiting or abridging the said power of the state government; (b) every order made ..... is not being repealed by this court. ..... nadu : (1974)illj172sc . .....

M/S. Hindustan Petroleum Corporation Ltd. Vs. M/S. Kailash Motors

Court : Allahabad

Reported in : AIR1997All314

..... tenant was by way of an encroachment on the vested rights of the landlord which he possessed under the general law (namely, the law of contract and the transfer of property act) and once the clog on vested rights of the landlord was removed with the rent act ceasing to be applicable to the building in the tenancy of the tenant, landlord's rights under the general law are restored back with the result the suit or appeal has ..... in the year 1974, esso (acquisition of undertaking in india) act, 1974 hereinafter referred to as 'the esso acquisition act') was enacted by the parliament for the purposes of acquiring rights and interest of the esso and vesting it in the central government free from all encumbrances. ..... bhatia (supra), therefore, clearly indicates that the tenant is entitled to the protection of rent laws only after that act has become operative so as to govern the relationship of the landlord and tenant in respect of the building and as soon as the act becomes inoperative on account of certain amendments, landlord's vested right under the general law immediately revives and the tenant is exposed to be treated in accordance with the provisions of the general law in the matter of eviction ..... section 1(3) applies the provisions of the rent act to all cities, municipal areas, notified areas and town areas. ..... 57 of 1988 has partially repealed the delhi rent control act. ..... this is a case of express repeal. ..... iii of 1947) were repealed. .....