Court : Allahabad
Reported in : AIR1981All29
..... assessment list authenticated and published under section 69, as amended under section 71, continues to be operative till such time as a new assessment list is not prepared in accordance with section 72 of the act and that the cantonment board is, for the years during which the assessment list remains in force, entitled to realise the tax in accordance therewith. ..... section 70 then provides that subject to such alterations, as may be made in the assessment list under the provisions of chapter v of the act and to the result of any appeal made thereunder, the entries in the assessment list authenticated and deposited as provided in section 69 shall be accepted as conclusive ..... of the assessment list for the year prior to that in which such amendment is made, moreover, section 71 of the act does not authorise the board to make any amendment in an assessment list, authenticated and published under sub-section (2) of section ..... 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 ..... and the cantonment board is directed to deal with the petitioners' application dated 22nd august, 1976 for correcting the valuation contained in the assessment list prepared for the years 1974-75 to 1976-77 under section 71 of the act afresh and in accordance with law. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All241
..... the plaintiff's case, in brief, was that the plaintiff municipal board was the owner of the property in dispute and the defendant was a licensee, the licence in favour of the defendant was created by the municipal board on 9-1-1962 for the period ending 31-3-1963 at a premium of ..... municipalities act does not bar the creation of such a lease, section 97, which deals with ;he execution of contract can also not bar the making of a lease under the transfer of property act- a lease can come into existence by an oral agreement coupled with delivery of ..... counsel for the plaintiff contended that it was not possible for the municipal board by reason of sections 97 and 124 of the u. p. ..... of auction contemplated transfer of possession by the municipal board and payment of premium by the defendant. ..... facts leading to the transaction of 1962 are as follows:there was a shop belonging to the municipal board and the municipal board auctioned its occupation. ..... then applying the principle laid down in section 106 of the transfer of property act as the purpose of the lease is not said to be either manufacturing or agricultural, the tenancy would be deemed to be a monthly ..... municipalities act bars the creation of leases for a term exceeding one year except by a ..... municipalities act to create a lease for more than one year without a registered document, and, therefore, the transaction must be deemed to be creating only a licence and not ..... municipal board, bareilly, (air 1974 sc 396) the same proposition was .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(109)FLR877]; (2006)IIILLJ276All
..... venkateswara rao's case, : [1969]1scr679 in august 1968, though parliament has made certain amendments in section 8 of the act in 1969, it has not considered it necessary till now to amend the act to confer, on persons challenging an election, benefits similar to those available to them under the proviso to the repealed section 85 of the act, for, as we venture to think, it did not want delays to occur in the disposal of election petitions as in ..... in payment of wages and penalty for malicious or vexatious claims- (1) the state government may, by notification in the official gazette, appoint a presiding officer of any labour court or industrial tribunal, constituted under the industrial disputes act, 1947 (14 of 1947), or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state or any commissioner for workmen's compensation or other officer with experience as a judge of a ..... , in the present case, did not, therefore, act without jurisdiction in holding that the application preferred by the municipal corporation of delhi was not barred by the time limit of sixty days laid down in sub section (4) of the section 417 since the municipal corporation of delhi had sufficient cause for not preferring ..... nandkishore bhatt : [1974]1scr294 it was held that there is no question of any common law right to challenge an election as such an discretion to condone the delay in presentation of the petition or to absolve the petitioner ..... 1974 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All736
..... . we cam hardly say that if this claim is allowed we shall in effect be repealing the municipalities act or depriving the rate-payers of that protection which the legislature intended to secure for ..... the learned chief judge observed that although the contract fell within the purview of section 65, contract act the provisions of section 97, municipalities act, excluded the application of that section on the principle generalia specialibus non derogant ..... . it could not, however, be justified under the provisions of section 65, contract act, because the provisions of section 30, bombay municipal act, ii [2] of 1884, incapacitated the board to enter into a contract of the value exceeding ..... it is agreed that the contract was never reduced to writing nor was it signed as required by section 97, municipalities act, but bachchu was placed in possession of the sabzimandi & began making his realisations. ..... . we have, therefore, to determine whether the formalities prescribed by section 97, municipalities act, refer to the capacity of a municipal board to enter into a contract or are merely forms which the law prescribes in order that an agreement may be binding. ..... the short answer to this question would seem to be that the municipalities act is silent about &, therefore, not concerned with such an ..... 746, in interpreting a similar provision of the madras district municipalities act, in which it was held that a contract which did not bind one party to it did not bind the other either. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)2UPLBEC1456
..... out the meaning of 'misconduct' and the same is worth quoting as under :-'misconduct has been defined in black's law dictionary, sixth edition at page 999 thus : 'a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, willful in character, improper or wrong behaviour, its synonyms are misdemeanour misdeed, misbehavious, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness'.misconduct in office has been defined : 'any ..... of public nature, the judgment are in rent and therefore, may be admissible but where the question of status of joint family or a suit for restitution of conjugal right, order in lunacy, judgment under section 42 of the specific relief act or declaration of a person to be a partner in a firm or proceedings of partition suit or in case of adoption, as the judgments are not public nature, the same are in personam and the judgments are not admissible if the parties are not the ..... dealing with a similar situation the apex court in municipal corporation, bahadurgarh v. ..... state of punjab : [1974]3scr896 , the supreme court explained as under :-'a judgment of a court is an affirmation, by the authorised societal agent of the state, speaking by the warrant of law and in the name of the state, of the legal consequences attending of proved or admitted .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC1865
..... the date of the completion of construction shall be determined taking into account explanation 1 (a) of second proviso to sub-section (2) of section 2 of the act which provides that the construction of a building shall be deemed to have been completed on the date on which the completion thereof is reported to or otherwise recorded by the local authority having jurisdiction and in the ..... katra, allahabad has been assessed in the municipal record for the year 1960-65 at annual ..... for the year1965-72 indicates that the annual value was enhanced in pursuance of the order passed by the municipal authorities in the assessment year1966-67. ..... municipal assessment record was, however, available and the finding regarding the date of completion of the construction is to be recorded on the basis of the municipal ..... that the accommodation in question was constructed in the year 1974 and at the time, the premises in dispute was let out, the provisions of the act were not applicable. ..... on record, came to the conclusion that the premises in dispute was constructed in the year 1966 and the petitioner was let out such premises on 28.6.1979 and the provisions of the act were fully applicable at the time of letting and as he was in possession without any allotment order being passed, the agreement of tenancy shall be deemed as void under section 11 of the act and the accommodation in question shall be deemed as vacant. ..... the municipal authorities ..... 1998 summoning the record from the municipal authorities. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All417
..... while interpreting the said provision the supreme court observed:--'from this provision it is clear that after the rent control act came into existence a decree for recovery of possession can be passed by any court only if that court is satisfied that one or more of the grounds mentioned in section 13-i are established ..... chari's case, 1973 (1) scc 761 = (air 1973 sc 1311) (supra) and also in the case of nagindas, air 1974 sc 471 (supra) the supreme court held after examining the terms of compromises entered into in the two cases that admission in the compromise was acceptance of the material facts, which constituted grounds for eviction ..... if the tenant in fact admits that the landlord is entitled to possession on one or other of the statutory grounds mentioned in the act, it is open to the court to act on that admission and make an order for possession in favour of the landlord without further enquiry. ..... there was sufficient material on record and also admission in the compromise, of the fundamental facts that could constitute the ground for eviction against the judgment-debtors within the meaning of section 3 of the act, the executing court could not go behind the decree and treat the same to be a nullity.22. ..... dalpatram, air 1974 sc 471 the supreme court distinguished its earlier decisions given in bahadur singh's case, (1969) 1 scr 432, kaushaliya devi's case (1969) 1 scwr 56 = (air 1970 sc 838) and firozi lal jain's case, air 1970 ..... said decision is reported in air 1974 sc 471. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All119
..... food act, 1950 was repealed by this act and so it bad ceased to be a law in force.the state government did not issue the necessary notifications for demarcating local areas and appointing local authorities up till the 9th of february, 1956, and so at the time when the opposite party was prosecuted, the municipal board, lucknow, was not appointed a local authority within the meaning of the prevention of food adulteration act, 1954, nor was the lucknow municipality ..... we, therefore, feel that when the prevention of food adulteration act, 1954, was passed, it did not repeal the definition of 'local authority' as far as it related to the municipalities, cantonments and notified areas but accepted and confirmed the existence of these local authorities and it also accepted the municipalities, cantonments and notified areas as local areas within the meaning of act 37 of1954. ..... even if the original act is repealed, the incorporated section or sections still operate in the latter act as the definition of 'local authority' so far as it related to a municipal board which existed in the u. p. ..... 'in our view this purpose of reviving the functioning of the municipality, the cantonment authority and the notified area committee as local authorities was clearly expressed and, therefore, this part of the act was not repealed.18. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All269
..... in favour of the plaintiff and did not accept the interpretation of section 326 of the municipalities act suggested by the respondent's counsel, we find it difficult to hold that the view taken was necessarily erroneous or that in any case there was an error of law apparent on the face of ..... time there has been a conflict of opinions in this court on the question whether the period of limitation for a claim made by a contractor for money doe to him on account of work done for a municipal board or district board is governed by the rule of six months' period of limitation or by the ordinary rule of three years. ..... from the courts, then the courts will not interfere, though even there, there is authority for the view that the courts will interfere if it is apparent that the arbitrator has acted illegally in reaching his decision, that is to say, if he has decided on inadmissible evidence or on principles of construction that the law does not countenance or something of that nature. ..... contention it was held by a second full bench which considered the matter in : air1952all382 that there was no basis for holding that section 326 of the municipalities act contemplated an action only in tort and not in contract. ..... with reference to section 192 of the district board act which is in pari materia with section 326 of the municipalities act and section 97 at the u. p. ..... municipalities act which was erroneous on the face of it and on that ground alone the award was liable to be ..... municipalities act .....
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