Judgment Search Results Home > Cases Phrase: howrah municipal repealing act 1974 Court: us supreme court Page 1 of about 3,865 results (0.108 seconds)

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..... 1932 shall be deemed to be repealed to the extent that section 38 is applicable and as howrah municipality is neither the corporation of calcutta nor is it governed by section 370 of the bengal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 under section 542 the effect of the extension was that the bengal municipal act 1932 stood repealed qua the municipality of howrah from the date of such extension and sub-clause (b) of the section provides :- 'except as the provincial government may otherwise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. .....

Nemai Chandra Kumar (d) Thr. Lrs. And Ors. Vs. Mani Square Ltd

Court : Supreme Court of India

..... the law of landlord and tenant as also thika tenancy in calcutta, the calcutta thika tenancy act, 1949 (west bengal act ii of 1949)4 came to be enacted in place of its predecessor ordinance and with the following statement of objects and reasons: - statement of objects and reasons there has been a persistent demand for legislative measures for the protection of the thika tenants of calcutta and the howrah municipal area against arbitrary eviction and enhancement of rent. ..... essentially a piece of legislation for vesting of thika tenancy lands and temporary or kutcha structures thereon and for regulation of such lands and structures and the title of the act and the provision for repealing the calcutta thika tenancy act, 1949 also conform to such intention and purpose of the impugned legislation, khatal lands held on lease even if such lands do not comprise thika tenancy within the meaning of thika tenancy ..... overriding effect was provided while repealing the 41 act of 1949, any determination under the act of 1949 required review in light of the provisions of the repealing act, being the act of ..... learned counsel for the respondent no.1 appears right in his submissions that the act of 1981 having been simultaneously enacted while repealing the act of 1949, it had to be read in conjunction with the preceding enactment 55 and the legislature would be deemed to be aware of the judicial pronouncements as regards the material terms of the act of 1949 which were, with same frame and phraseology, retained in .....

Ballabhdas Agarwala Vs. J.C. Chakravarty

Court : Supreme Court of India

Reported in : AIR1960SC576; 1960CriLJ752; [1960]2SCR739

..... any rule or bye-law made thereunder which, under any enactment for the time being in force, may lawfully be compounded; (c)admit, compromise or withdraw any claim made under the calcutta municipal act, 1923, as in force in the municipality of howrah or under any rule or bye-law made thereunder; and (d) obtain such legal advice and assistance as they may from time to time think it necessary or expedient to obtain for any of the purposes referred to ..... therefore, of the view that in the absence of a fresh order of delegation of which there is no evidence in the record, the health officer of the howrah municipality was not empowered as the duly delegated authority to institute criminal proceedings against the appellant on the date on which he made the complaint. ..... any rule or by-law made thereunder which, under any enactment for the time being in force, may lawfully be compounded; (c) admit, compromise or withdraw any claim made under the calcutta municipal act, 1923, as in force in the municipality of howrah or under any rule or by-law made thereunder; and (d) obtain such legal advice and assistance as they may from time to time think it necessary or expedient to obtain, for any of the purposes referred to in the ..... the first order is the one dated february 6, 1948, by which the then chairman of the howrah municipality delegated to the vice chairman all his powers, duties and functions as chairman in respect of seven departments including ..... the calcutta municipal act, which repeals s. .....

Manish Kumar Vs. Union Of India

Court : Supreme Court of India

..... in view of the aforesaid legal principle emerging, we come to the conclusion that since proceeding for the eviction of the tenant was pending when the repealing act came into operation, section 6 of the general clauses act would be applicable in the present case, as it is the landlord's accrued right in terms of section 6. ..... in howrah municipal corporation and others v. ..... in other words, a law, if it manifested reasonable classification for treating different 38 (1974) 4 scc65657 persons or things differently, the law would pass muster. ..... a reasonable classification is one which includes all persons who are similarly situated 55 (1974) 4 scc656213 with respect to the purpose of the law. ..... she 12 (1953) scr40413 (1974) 1 scc1914 (1974) 4 scc42815 (1984) 3 scc12716 (2002) 4 scc3435 drew our attention to the statements of objects and reasons appended to the amendment bill to the code, 2019, which introduced sub-section 3a in section 25a. ..... triloki nath khosa [(1974) 1 scr771: (1974) 227 1 scc19:1974. ..... the respondent landlord 80 (1974) 2 scc484364 purported to terminate the tenancy in relation to a building by a notice dated 12.02.1964 on the ground inter alia of subletting. ..... union of india [indian 40 (1974) 4 scc341 (2017) 9 scc160 express newspapers (bombay) (p) ltd. v. ..... state of tamil nadu [air1974sc555 583 : (1974) 4 scc3:1974. ..... vijay kumar [(1974) 2 scc393 where in respect of original and appellate proceedings a distinction has been drawn as follows: (scc p. ..... , (1974) 4 scc656:1974. .....

Indore Development Authority Vs. Shailendra (Dead) Through Its Lrs. An ...

Court : Supreme Court of India

..... in maharana partap charitable trust (supra) wherein it held that the principle of actus curiae neminemgravabit has no application to the provisions of section 24(2) of the 2013 act and as per the law laid down by the supreme court in shiv raj, pune municipal corporation and sree balaji nagar residential association, the period of stay granted by the courts is not to be excluded for determining the period of 5 years under ..... the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in ..... any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act or ..... howrah municipal ..... poll, (1974) ..... to section 342 of the criminal procedure code of 1898 and section 313 of the criminal procedure code of 1974. .....

The Democratic Alliance Vs. the Kouga Municipality and Others

Court : South Africa Supreme Court of Appeal

..... in this context, and in its replying papers, the applicant, for the first time, makes reference to section 66 of the municipal systems act and appears to contend that on an interpretation of that section any appointments which are made in the absence of an organogram are automatically invalid including the ..... received advice from its legal representatives in terms of which it was made to understand (correctly) that the continued appointment of acting municipal managers in these senior positions was not lawfully permissible and that steps had to be taken to resolve this urgently. ..... are reviewable and liable to be set aside and are therefore null and void in that these decisions were taken contrary to the provisions of the local government : municipal systems act 32 of 2000 (the systems act) and the first respondent's own policies and rules of order in those respects set out below. 22. ..... was duty bound to do in terms of its delegated authority conferred on the second respondent and to be executed together with other members of the mayoral committee, in terms of the provisions of s 56(a)of the municipal systems act of 2000, on 22 june 2012, on the appointment of the eleventh to fifteenth respondents, and i was in agreement with the result. ..... was articulated thus by mr fadi: '29 i am advised that the effect of the provisions of section 56 of the municipal systems act is that the purported decision by the mayoral committee on 11 june 2012 to appoint the section 56 managers was ultra vires .....

Territory of Alaska Vs. American Can Co.

Court : US Supreme Court

..... [ footnote 2 ] the lower courts, however, held that this case was governed not by that provision, but by 2(a) of the repealing act, which reads as follows: "section 1 of this act [ footnote 3 ] shall not be applicable to:" "(a) any taxes which have been levied and assessed by any municipality, school or public utility district under the provisions of chapter 10, session page 358 u. s. ..... " this was to make sure, as the dissent below said, that municipalities and school and public utility districts (though not the territory itself) would have the right to levy and collect the old taxes for the current year 1953, whether before or after the repealing act had taken effect. ..... in 1953, the tax statute was repealed, but the repeal was expressly declared not applicable to "any taxes which have been levied and assessed by any municipality, school, or public utility district [under the repealed statute] or which are levied and assessed during the current fiscal year of such municipality, school or public utility district. ..... we are reinforced in this conclusion by the legislative history of the bill [ footnote 4 ] that became the repealing act, a history page 358 u. s. .....

Ramdas Bansal (D) Thr. Lr. Vs. Kharag Singh Baid and ors.

Court : Supreme Court of India

..... the circumstances were further altered with the enactment of the west bengal thika tenancy (acquisition & regulation) act, 2001, to provide for the acquisition of interests of landlords in respect of lands comprised in thika tenancies and certain other tenancies in kolkata and howrah and other municipalities of west bengal for development and equitable utilization of such lands with a view to sub-serve the common good. ..... ', for short), being g.a.no.2719 of 2006, in the pending appeal (apot no.12 of 2005) to bring on record certain documents showing that a portion of the demised property was governed by the west bengal thika tenancy (acquisition and regulation) act, 2001, which meant that by operation of law the appellant had become a bharatia, of the demised structure on 6a, sambhu chatterjee street, under the respondents who were already the thika tenants of the said land. ..... it is clear that the main object of the 2001 act was to extend the acquisition of lands beyond kolkata and howrah, in other municipalities of west bengal, for development and proper utilization of such lands. 33. ..... as also indicated hereinbefore, the aforesaid act stood repealed by the calcutta thika tenancy and other tenancies and lands (acquisition and regulation) act, 1981, which provided for the acquisition of interest of landlords in respect of lands comprised in thika tenancies and certain other tenancies and other lands in kolkata and howrah for development and equitable utilization of such lands. .....

Girnar Traders Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR2007SC3180; 2007(4)AWC3851(SC); 2008(1)BomCR454; 2007(10)SCALE391; (2007)7SCC555; 2007AIRSCW5782

..... . 956 whereby sanction was given to initiate the acquisition proceedings of the land and the municipal commissioner was authorised to make an application to the state government under the provisions of section 126(2) & (4) of the mrtp act read with section6 of the la act, as amended upto date; and / or, initiate proceedings under section 90(1) & (3) of the bombay municipal corporation act, 1888 as amended upto date, for the land being purchased by the commissioner on behalf of ..... development or construction of the amenity on the surrendered land at his cost, as the final development control regulations prepared in this behalf provide, or(c) by making an application to the state government for acquiring such land under the land acquisition act, 1894, and the land (together with the amenity, if any, so developed or constructed) so acquired by agreement or by grant of floor space index or additional floor space index or transferable development rights under this section or ..... it was desired to adopt.their lordships have not been referred to anything in the general rules of construction embodied in the general clauses act, 1897, which supports the contention of the secretary of state, nor to any authority which favours it. in this country it is accepted that where a statute is incorporated by reference into a second statute, the repeal of the first statute does not affect the second: see the cases collected in craies on statute law, edn. 3, pp ..... chairman of the municipal commissioners of howrah v .....

Williamson Vs. New Jersey

Court : US Supreme Court

..... therein, shall be exempt from taxation, and the 32d section of which, after repealing certain acts named, repealed all other acts or parts of acts, whether special or local or otherwise, inconsistent with the provisions of the act of 1866 except one act, approved in 1864, and such special or local acts as had been approved since 1862; (2) whether, if the legislature had, by the act of april 11, 1866, declared its purpose to repeal the second section of the act of february 18, 1862, such purpose could be constitutionally enforced. ..... , 36 n.j.law 273, and that the power of taxation was not in any sense the private property of the municipality, but was peculiarly a public and governmental power, and must, as such, be at all times susceptible of repeal or modification, according to legislative discretion, so far as the mere right of the township to exercise it was concerned. ..... 199 the true principle involved in the case is whether the power of taxation on the part of a municipal corporation is private property or a vested right of property in its hands which, when once conferred upon it by an act of the legislature, cannot be subsequently modified or repealed. .....