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 it appears that howrah municipal act, 1965 was thereafter repealed and in the year 1974, electoral rolls of the municipality had also been prepared.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. .....
Tag this Judgment!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 what section 25 means is that the notification under [the repealed act remains intact and attaches to the new act as having been made under that particular provision of the new act which is a ire-enactment of the old one under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 the calcutta municipal act of 1899 has now been repealed and has been replaced by the calcutta municipal act of 1923 (act 3 (b. c. .....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. .....
Tag this Judgment!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'. .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Kolkata
Reported in : 1958CriLJ174
..... it has next been urged on behalf of the respondent that section 2 of the calcutta municipal act, 1951, having repealed the calcutta municipal act, 1923, the provisions of the latter as extended to howrah have been automatically repealed; that being so the present prosecution was misconceived. ..... that section provides that the calcutta municipal act, 1923, as extended to the municipality of howrah under that act and in force immediately before the commencement of the act of 1951 shall continue to be in force until the provisions of the act of 1951 are extended to that municipality under the last mentioned act. ..... it is, therefore, quite clear that although the municipality of howrah levied trade license fee and scavenging tax on the respondent, the municipality was in no way obliged to accept the fee under section 386 of the act and issue a permit or licence thereunder.7. ..... it is, therefore, plain that the calcutta municipal act of 1923, as extended to howrah, is quite alive, and that being so, the prosecution under that act cannot be said to be misconceived.8. ..... section 386 of the calcutta municipal act, 1923, as extended to howrah, provides that no person shall use or permit to be used any premises for any of the purposes mentioned in the section without or otherwise than in conformity with the terms of a licence granted by the municipality in that behalf. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1983Cal144,87CWN330
..... in this appeal the appellants, who were at the material time mid-wives in the health department of the howrah municipality, have assailed the propriety of the judgment of g. n. ..... (5) the members of the committee shall for all purposes be deemed to be the commissioners of the municipality and the president and the vice-president of the committee shall be deemed to be the chairman and the vice-chairman, and references in this act or any other act or any rule, bye-law, order or notification made under this act or any other act to the commissioners of the municipality, the chairman and the vice-chairman shall be construed as references respectively to the members of the ..... order of a court or for any other reason, there is no likelihood of a new body of commissioners being formed within a reasonable time to take over municipal administration, the state government may, if it thinks fit so to do in the public interest, by order, appoint a committee consisting of the same number of members as the commissioners of the municipality to take charge of the administration of the affairs of the municipality in accordance with the provisions of this act and the rules and the bye-laws made thereunder. ..... in this connection, we may refer to another contention of the appellants that such a situation could be overcome by the appointment of an executive officer under section 67-a of the act which was in force at the material time, but since repealed by the west bengal act 51 of 1980. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal180,1956CriLJ610
..... , then- (b) except as the provincial government may otherwise, by notification in the official gazette, direct, all rules, by-laws, regulations, orders, directions, and powers made, issued or conferred under the calcutta municipal act, 1923, as in force in the municipality of howrah and under the bengal municipal act, 1884, and in force at the date of the inclusion shall apply to the said area, in supersession of all corresponding rules, by-laws, regulations, orders, directions and powers (if any) made, issued ..... said on behalf of the opposite party that the prosecution not having been able to produce any notification to show that the provisions of the calcutta municipal act as extended to howrah have also been extended to the added area on which the premises in question stood, the present prosecution could not be gone on with. ..... of sub-section (1) of section 544 provides that after an area has been included within the limits of the municipality of howrah the bengal local self-government act of 1885 or the bengal village self-government act, 1919, as the case may be, if in force in such area, shall be deemed to be repealed therein. 6. ..... of these enactments is that if power has been exercisable under the calcutta municipal act as extended to the municipality of howrah then in the absence of a notification in the official gazette to the contrary the power so exercisable under the calcutta municipal act will be equally exercisable under the calcutta municipal act as extended to howrah. .....
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