Judgment Search Results Home > Cases Phrase: howrah municipal repealing act 1974 Page 2 of about 18,805 results (0.171 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 it appears that howrah municipal act, 1965 was thereafter repealed and in the year 1974, electoral rolls of the municipality had also been prepared.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. .....

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. .....

Ranu Sen Gupta and ors. Vs. the State of West Bengal and ors.

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. .....

Kaipadath Property Development Company Vs. State of Kerala

Court : Kerala

Reported in : ILR2011(1)Ker434

..... senior counsel for the petitioners further relied upon the decision of the apex court in howrah municipal corporation and others v. ..... order to see whether the rights and liabilities under the repealed ordinance have been put to an end by the act, the line of enquiry would be not whether the new act expressly keeps alive old rights and liabilities under the repealed ordinance but whether it manifests an intention to destroy them. ..... with respect: "conceding however, for the sake of argument that to the extent of a repugnancy between an order made under section 3 and the provisions of an existing law, to the extent of the repugnancy, the existing law stands repealed by implication, it seems to us that the repeal is not by any act of the delegate, but the repeal is by the legislative act of the parliament itself. ..... the question therefore is whether in the absence of any repeal of the kerala land utilisation order and whether even in case of such repeal the orders issued under the act will lose its significance and will become inoperative. 24. ..... by section 6 (c) of the general clauses act 1897, the repeal shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed unless a different intention appears. 29. ..... being supreme, it certainly could make a law abrogating or repealing by implication provisions of any pre-existing law and no exception could be taken on the ground of excessive delegation to the act of the parliament itself. .....

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. .....

Collector of Central Excise Vs. Modi Steels

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1992)(42)LC302Tri(Delhi)

..... howrah municipality 'sufficient cause' cannot be considered too liberally merely because the party in default is ..... is requested that appeal may be allowed to be filed in terms of section 35b(5) of central excises and salt act, 1944.a simple perusal of the same shows that the only ground is misplacement of papers. ..... old section 131 ibid before its repeal is reproduced as under: 131. ..... after the repeal of section 131 the discretion as to the condonation of delay which could have been exercised by the central government, now vests with this court as per provisions of sub-section (4), if it is satisfied that there ..... as per provisions of sub-section (2) of section 131 of the old customs act, 1962, the revision application could be filed within six months from the date of communication of the order ..... it is a settled law that where the appellant acts without due care and attention there is no sufficient cause for ..... also be gain-said that similar consideration that will be shown by courts to a private party when he claims the protection under section 5 of the limitation act, should also be available to the state. ..... position in the case of a corporate body which is not entitled to a greater indulgence under section 5 of the limitation act than a private individual. ..... view of the legal position, i do not feel it to be a fit case where this court should exercise its discretion in condoning the delay in filing of revision applications under sub-section (5) of section 129a of the customs act, 1962. .....

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. .....

Chhotelal Verma Vs. the Corporation of the City of Nagpur

Court : Mumbai

Reported in : (1964)66BOMLR502

..... notice, tax, scheme, order, licence or permission made, issued, imposed, sanctioned or given under the central provinces and berar municipalities act, 1922, shall, so far as it relates to the municipality of nagpur and so far as it is in force at the commencement of, and is not inconsistent with, this act, be deemed to have been made, issued, imposed, sanctioned or given under the provisions of this act, and shall unless previously altered, modified, cancelled, suspended, surrendered or withdrawn, as the case may be, under this ..... act remain in force for the period, if any, for which it was so made, issued, imposed, sanctioned or given.it is important to note that all appointments, rules and taxes under the prior municipal act are continued as if made under the corporation act, unless they are inconsistent with the provisions ..... of the corporation act or they are changed under the provisions of that .....