Judgment Search Results Home > Cases Phrase: howrah municipal repealing act 1974 Page 4 of about 18,805 results (0.127 seconds)

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 with the coming into force of the adhiniyam and the municipalities act having been repealed, the old designation of the municipal medical officer of health (under section 57 of the u.p. .....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 .....

Nirmal Chandra Sanyal and anr. Vs. Municipal Commissioners

Court : Kolkata

Reported in : AIR1936Cal707

..... there cannot be any question that the act of 1891 was not in force because that act being wholly repealed by act 1 of 1919 is no longer ..... taking is supported by the decision in chairman of the commissioners of the howrah municipality v. ..... is also pleased, in exercise of the power conferred by section 61, sub-section (1) of the same act, to appoint the commissioners of the pabna municipality and their chairman, respectively, to perform the duties imposed and to exercise the powers conferred by the act on the corporation of calcutta and the chairman of the corporation, respectively.2. ..... the plaintiff filed his suit on 11th december 1933 against the commissioners of the pabna municipality for a mandatory injunction for removal of the said hackney carriage stand, for a permanent injunction restraining them from allowing the said place to be used as a hackney carriage stand, for a ..... said section applies when the act complained of is purported to be done under the municipal act or any rule or bye ..... i hold that since 1919 and a fortiori in july 1933, the commissioners of the pabna municipality had no statutory authority to appoint or reserve any place as a hackney carriage stand, and hence there is no statutory ..... having taken all the circumstances into consideration i think that commissioners of the municipality should not be directed to remove the stand elsewhere, but that they should be directed to take proper care in the matter of keeping the stand and the adjoining places reasonably .....

Eih Limited Vs. Ms. Nadia a. Virji

Court : Kolkata

..... purposes to be exempted from the operation of the said act if it carries rent more than rs.6500/- as monthly rent in an area within the limits of calcutta municipal corporation or howrah municipal corporation or rs 3000/- as monthly rents in other areas to which the said acts extend and rs.10,000/- as monthly rent in the areas including within the limits of calcutta municipal corporation and howrah municipal corporation and rs.5,000/- as monthly rent in other areas ..... act shall apply to(f) any premises let out for non-residential purpose, which carries more than(i) ten thousand rupees as monthly rent in the areas included within the limits of the calcutta municipal corporation or the howrah municipal corporation,or (ii) five thousand rupees as monthly rent in other areas to which this act ..... aforesaid observations further lend support from the judgment of the supreme court in case of gujarati education society (supra) where the provision of section 231 of the kolkata municipal corporation act was noticed and it was held that if the landlord is subjected to an expensive and cumbersome remedy of filing civil suit for recovery of the tax separately than ..... act of 1956 was subsequently repealed by west bengal premises tenancy act, 1997 which came into force on and from 10th july, 2001 and by reason of the provisions contained in the later act, the defendant became a lessee for month to month and such tenancy is terminable by 15 days notice under the provisions of transfer of property act .....

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 .....

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. .....

Beni Madhub Nag Vs. Mati Lal Das, Overseer, Howrah Municipality

Court : Kolkata

Reported in : (1894)ILR21Cal837

..... the petitioner beni madhub nag has been convicted under bye-law 83 of the bye-laws of the howrah municipality for failing, in pursuance of a notice issued to him, to cut certain branches of a tree belonging to him which are alleged to overhang a tank belonging to a private individual and to be likely to foul its water. ..... section 2 of bengal act iii of 1884 no doubt lays down that all bye-laws prescribed under any enactment repealed by that act shall be deemed to have been prescribed under that act, and this bye-law 83 has undoubtedly been prescribed and sanctioned by the local government under bengal act v of 1876. ..... now, on looking at the provisions of section 313 of bengal act v of 1876 it is clear that this bye-law is not one such as the commissioners of municipalities were authorised to frame under this section. ..... ghose on behalf of the petitioner contends that this bye-law which purports to have been framed under the provisions of section 313, bengal act v of 1876, is not warranted by the provisions of that section, and therefore cannot be legally enforced.3. ..... ghose contends that the word 'prescribed' in section 2 of act iii of 1884 must mean 'duly' or 'lawfully prescribed,' and that section 2 of act iii of 1884 cannot make intra vires under section ill of 1884 a bye-law which is obviously ultra vires under act v of 1876. .....

Lakhi Sahu (Kanu) Vs. Emperor

Court : Kolkata

Reported in : AIR1932Cal487

..... the age of 15 years may be tried by a district magistrate or a chief presidency magistrate or by any magistrate specially empowered by the local government to exercise the powers conferred by section 8, sub-section (1), reformatory schools act, 1897, or in any area in which the said act has been wholly or in part repealed by any other law providing for the custody, trial or punishment of youthful offenders by any magistrate empowered by or under such law to exercise all or any of the powers conferred thereby. ..... the offence in the present case was committed in the local limits of the jurisdiction of the sessions court of howrah, and that being so it must he tried by that court under the provisions of that section. ..... 9524-j, dated 18th november 1929, for the town of calcutta, the suburbs of calcutta and some other areas near about calcutta including the municipality of howrah.2. ..... , whether to the court of session at howrah or the high court sessions.4. ..... the answer to the second point referred to us will therefore be that the commitment, if it is to be made, should be made not to the high court sessions but to the sessions court at howrah.patterson, j.6. ..... , (an offence which is exclusively triable by a court of session) alleged to have been committed in howrah.3. .....

Sri Madhusudan Mills Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1993)LC218Tri(Delhi)

..... of any court, tribunal or other authority, - (a) all duties of excise levied, assessed or collected or purporting to have been levied, assessed or collected before the 20th day of february, 1982 on any excisable goods under the central excise act, shall be deemed to be, and shall be deemed to have always been, as validly levied, assessed or collected as if the amendments referred to in the sub-section (1) had been in force at all material times; (b) no suit or other ..... -rule (i) deposited in or removed from any place specified therein, the producer or manufacturer thereof, shall pay the duty leviable on such goods upon written demand made (within the period specified in section 11a of the act, by the proper officer, whether such demand is delivered personally to him, or is left at his dwelling house, and shall also be liable to a penalty which may extend to two thousand rupees, and such ..... the circumstances, i agree that we should give full and literal effect to the language of section 3(3) and hold that it has the effect not only of attracting the procedural provisions of the 1944 act but also all its other provisions, including those containing the definition.in the concluding sub-paragraph of para 24 of the said judgment, the honourable supreme court also observed as follows : "what appears ..... rule that the repeal or amendment of the act which is incorporated by reference in a later act is not applicable for purposes of the later act is subject ..... chairman of the municipal commrs. ..... howrah .....

N. Sreedharan Nair and ors. Vs. Mottaipatti Chinna Pallivasal Muslim J ...

Court : Chennai

Reported in : 2003(2)CTC129; (2003)2MLJ164

..... the principles laid down by the division bench in varadharaja pillai's case, wherein it was held that it is not open to the tenant to urge that the exclusion of the tenancies of the land belonging to the municipal councils, is discriminatory or arbitrary or that the deprivation of rights of the tenants under sections 3 and 9 with retrospective operation is an unreasonable restriction, is correct because, while the division bench which dealt with the ..... dealing with article 14 of the constitution, it has been held thus:- 'after this clear pronouncement, it is not open to the tenant to urge that the exclusion of tenancies of lands belonging to municipal councils is discriminatory and arbitrary or that the deprivation of the rights of the tenant under sections 3 and 9 with retrospective operation is an unreasonable restriction and not in the interests of the general public, ..... acquired any vested right under thedelhi rent control act, but had a right to take advantage of theprovisions of the repealed act so long as that law ..... owned by (a) the corporation of madras, in the city of madras; (b) owned by the municipal council concerned, in any other municipal area; (bb) by the township committee concerned, in any township; (c) by the panchayat or by the panchayat union council constituted under the tamil nadu panchayats act, 1958, the panchayat constituted under the tamil nadu village panchayats act, 1950; (d) by the district board concerned in case of all areas in a district which .....

State Vs. Surabhai Mafatbhai

Court : Gujarat

Reported in : (1982)2GLR596

..... abdul shakoor air 1961 1087, that where the act repealed provides substantially for all matters contained in the act effecting the repeal there is correspondence between the two acts and the earlier act would thus stand repealed; it is not necessary that there should be complete identity between the repealing act and the act repealed in every respect. ..... any premises belonging to or taken on lease or requisitioned by, or on behalf of the state government, and includes any premises belonging to, or taken on lease, by or on behalf of any municipal corporation, or municipality or a panchayat in the state, or any corporation established under the central or state act and owned and controlled by the state government, or any university constituted under any law in the state of gujarat, or any institution recognised by the university grants commission, or declared by the central government to be university within the ..... in municipal council, palai's case the supreme court indicated three broad tests to determine whether there is a repeal by necessary implication. ..... this rule is also quoted with approval by the supreme court in municipal council palai's case (supra).14. ..... this last rule which i have set out from crawford's statutory construction has been quoted with approval in municipal council. ..... this presumption is rebutted, if it is shown that new law is inconsistent with, or repugnant to the old law (vide: municipal council. .....