Judgment Search Results Home > Cases Phrase: howrah municipal repealing act 1974 Page 7 of about 18,805 results (0.110 seconds)

Som Lal Vs. Vijay Laxmi and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2088; JT2008(4)SC403; (2008)151PLR435; 2008(4)SCALE554; (2008)11SCC413; 2008(1)LC527(SC); 2008AIRSCW2750; AIR2008SC2088

..... of section 376b or section 376c or section 376d or section 498a or section 505 of the indian penal code, 1960 or any offence punishable under chapter xiii of this act unless a period of six years has elapsed since the date of such conviction; or(f) if he holds an office of profit under a panchayat or a municipality; or(g) if he holds an office of profit under the government of india or any state government; or(h) xx xx xxboth the provisions bearing on the subject have been quoted and the disqualifications ..... mandate of the legislature appears on the face of it very clear and they have saved the actions under section 143 to the extent that any other law which is inconsistent with this law shall stand repealed and only that action taken under the corresponding provisions of any state law which were in force at that time, those actions shall only be saved and not otherwise. ..... duly done or suffered thereunder; or(b) any right, privilege, obligation or liability occurred, accrued or incurred under the corresponding provisions of any state law so repealed; or(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the corresponding provisions of any state law so repealed; or(d) any legal proceedings, investigation or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such legal proceedings, investigation or remedy may be instituted .....

Niraj Vikas Pabale and ors. Vs. the Tahsildar and ors.

Court : Mumbai Nagpur

..... the order passed by the state government u/s 340(2) of municipalities act, the said building permission granted by shirdi village panchayat continued in force within the area of shirdi municipality, respondent was found entitled to carry on the building construction in accordance with the said building plan even after 10-1-1990 when municipal council came into being. ..... the government of maharashtra, by virtue of the powers vested in it under the provisions of the maharashtra municipal councils, nagar panchayat and industrial townships act, 1965 (for short the municipalities act) issued a notification declaring that with effect from 10th january, 1990 the area within the limits of the revenue village and gaothan of village shirdi would be a municipal area. ..... the stand of authorities that standardized building bye laws for b and c class municipal councils prescribed under maharashtra municipal councils, nagar panchayats and industrial townships act (40 of 1965) needed to be followed (hereinafter referred to as "the 1965 act" for short). ..... has considered section 52 of bombay village panchayat act, 1958, section 340(2) of maharashtra municipal councils, nagar panchayat and industrial townships act, 1965 and section 43, 156 of maharashtra regional and town planning act, 1966. ..... section 323 of the 1965 act is read out to urge that alleged standardized building bye-laws are only guide lines which even concerned municipal council is required to adopt and in absence of order u/section 323(3), .....

Vilas Vs. Manila

Court : US Supreme Court

..... the first section of the charter of 1901 reads as follows: "the inhabitants of the city of manila, residing within the territory described in section 2 of this act, are hereby constituted a municipality, which shall be known as the city of manila, and by that name shall have perpetual succession, and shall possess all the rights of property herein granted or heretofore enjoyed and possessed by the city of manila as organized ..... an absolute repeal of a municipal charter is therefor effectual so far as it abolishes the old corporate organization; but when the same or substantially the same inhabitants are erected into a new corporation, whether with extended or restricted territorial limits, such new ..... but with respect to other laws affecting the possession, use, and transfer of property, and designed to secure good order and peace in the community and promote its health and prosperity, which are strictly of a municipal character, the rule is general that a change of government leaves them in force until, by direct action of the new government, they are altered or repealed. ..... section 69 of the charter expressly preserved "all city ordinances and orders in force at the time of the passage of this act, and not inconsistent herewith," until modified or repealed by ordinances passed under this act. ..... section 72 is the repealing clause, and provides for the repeal of "all acts, orders, and regulations" which are inconsistent with the provisions of the act. .....

District of Columbia Vs. John R. Thompson Co., Inc.

Court : US Supreme Court

..... , the municipal court of appeals held that the 1872 and 1873 acts were valid when enacted, that the former act, insofar as it applies to restaurants, had been repealed, but that the latter act was still ..... but a majority of the judges of the court of appeals held that congress had the constitutional authority to delegate "municipal," but not "general," legislative powers, and that the acts of 1872 and 1873, being in the nature of civil rights legislation, fell in the latter group, and were for ..... the authority to delegate to a municipal government for the district the power to pass laws which would alter or repeal the acts of the legislative assembly. ..... the municipal court quashed the information on the ground that the 1872 and 1873 acts had been repealed by implication on the enactment by congress of the organic act of june ..... (b) the acts of 1872 and 1873 were not repealed by the code of 1901, since, as anti-discrimination laws governing restaurants in the district, they are "police regulations" and acts "relating to municipal affairs" within the meaning of the third exception in 1636 ..... 17 of the constitution to delegate its lawmaking authority to the legislative assembly of the municipal corporation which was created by the organic act of 1871, and that the "rightful subjects of legislation," within the meaning of 18 of that act, was as broad as the police power of a state, so as to include a law prohibiting discriminations against negroes by the owners and managers of restaurants in .....

Social Action for Relief To the Consumer and Anr. Vs. Ranchi Municipal ...

Court : Patna

..... 'rato of free primary education cess--(1) the free primary education cess shall(a) * * ** **(b) in the area to which the patna municipal corporation act, 1951 (bihar act xiii of 1952), applies, be forty per cent of the tax on a holding under clause (a) of section 123 of the act and shall be recoverable in the same manner as if it were tax, and(c) * * * * + *(2) the proceeds of the free primary education cess realised under clauses (a) or (b) of sub-section (1) shall, after deducting ten per cent, ..... what is further stated in paragraph 7 of the counter-affidavit is as follows:'it is relevant to state here that on coming into force of section 303a of the patna municipal corporation act, there respondents gave notices to the respective owners to demolish/close the service latrines and convert the same into no water flush latrines. ..... the patna municipal corporation act, 1951 (bihar act xiii of 1952) and the bihar panchayat samities and zila parishads act, 1961 (bihar act vi of 1962) any other enactment in force at the time of enforcement of this act shall stand repealed:43. ..... , issued on the same day under section 4 of the bihar municipal corporation act, the provisions contained in chapter xi of the patna municipal corporation act, 1951 (hereinafter referred to as 'the act') dealing with municipal taxation were extended to the newly constituted corporation. ..... (c) of sub-section (1) of section 123 and section 126 are part of the patna municipal corporation act which was enacted in 1951. .....

Yeshwanta Mahadeo Dhirde Vs. Nandkishore Ghanashyamlal Jaiswal

Court : Mumbai

Reported in : (1961)63BOMLR628

..... farms and leases granted, records-of-rights and other records framed or confirmed, rights acquired, liabilities incurred, times and places appointed, and other things done under any of the enactments hereby repealed shall, so far as may be, be deemed to have been respectively made, issued, conferred, granted, framed, revised, confirmed, acquired, incurred, appointed and done under this code.thus ..... court and a preliminary objection was again raised that under section 15 of the bombay district municipalities act (act xviii of 1925), the tribunal which was appointed to hear the petition was not a court ..... petitions from one tribunal to another, all go to show that the legislature intended that any one of the authorities enumerated in sub-section (2) of section 20-a of the act was to act as persona designate and not merely by virtue of the office already held by them and that such authority had to be specially empowered by the state government by a ..... the power of transfer to the assistant judge, the learned judge held that the district judge was empowered under section 16 of the bombay civil courts act to refer to the assistant judge any matter under the special enactment and, therefore, the district judge was competent to transfer the election petition for trial ..... act stood repealed and one of the sections so repealed was section 50 of that act, but the repeal did not affect the appointments made and the rules framed or notifications issued under the provisions of the enactments repealed .....

Somalal Nathjibhai Siroyia Vs. Arjandas Jodharam and ors.

Court : Gujarat

Reported in : (1967)8GLR337

..... alia were that the rule of stare decisis was in favour of the view that the district judge is the competent authority to hear such petitions, that at no time after the municipal boroughs act came into force in 1925, the state government had been called upon to issue a notification specially empowering the district judge by a general or special notification to hear election petitions. ..... previous decisions of the bombay high court, a contention was raised that the determination of compensation payable by municipal committee under section 198 of the municipal act was made revisable by the high court and reliance was placed on a full bench decision in ..... the matter to the high court and the dispute raised was that under section 15 of the bombay municipal boroughs act (xviii of 1925) the tribunal which was appointed to hear the petition was not a court ..... before i proceed to consider this important legal aspect, it would be necessary to reproduce verbetim sub-sections (1) and (2) of section 15 of the municipal boroughs act which are material for the decision of this point.15(1) if the validity of any election of a councillor is brought in question by any person qualified to vote at the election to which such question refers, ..... . in that case the court was concerned with the bombay municipal act (iii of 1901) and the court on the construction of section 15 of the said act held that no jurisdiction was conferred upon the district judge to decide whether any disqualification .....

Centre Point Welfare Association Vs. Nita International

Court : Gujarat

Reported in : (2001)4GLR2777

..... the builders have handed over the possession of the premises booked by me at my request and at my risk and responsibilities and on my undertaking and assurance that if any notice or proceeding shall arise by any authority including municipal corporation for use and occupation, i/we shall alone be liable and/or answerable for the same and neither the builders nor the association and/or its office bearers will be liable or answerable for the same.'74. ..... the builders have handed over the possession of the premises booked by me at my request and at my risk and responsibilities and on my undertaking and assurance that if any notice or proceeding shall arise by any authority including municipal corporation for use and occupation, i/we shall alone be liable and/or answerable for the same and neither the builders, nor the association and/or its office bearers will be liable or answerable for the same. ..... from the provisions contained in the bombay provincial municipal corporation act and the building regulations as applicable, it is very clear that the statutory provisions of public duty are imposed on the concerned builder/developer/owner when it is decided to erect a ..... urban land (ceiling & regulation) act, 1976 was brought into force, situation changed and the hon'ble law minister while repealing the act has stated on the floor of the parliament as to how the act was misused. ..... bundy reported in (1974) 3 all er 757 wherein lord dennig first clearly enunciated his theory of 'inequality of .....

Madura Municipality Represented by the Municipal Commissioner Vs. P.M. ...

Court : Chennai

Reported in : AIR1954Mad454

..... claim on the basis of the alleged increase or likelihood of increase in value of the land by reason of the making of the scheme and do not concern themselves with the very question of the right of the municipality to levy assessment on the basis contemplated in section 23 of the act.though sections 25 and 26 provide certain remedies which are open to the aggrieved party, namely, the property owner, to question the amounts of the assessment and the procedure by which it has ..... was learnt that the scheme itself had been abandoned and that the arbitration proceedings under it could not affect the suit properties, and that the defendant-municipality had no power to levy betterment contribution within the meaning of section 23 of the madras town planning act and, that, therefore, the levy was illegal and void and 'ultra vires', and that no scheme was made as stated in section 23 of the madras town ..... proper understanding of the language of this section would make it clear, that it has nothing to do with, nor has any bearing on, the question of the right of the municipality to claim betterment contribution on the basis of increase in value of the property, by reason of the making of the scheme, as is contemplated in section 23 of the act it has reference only to the objection which the owner of property might take to the amount of such contribution on the ground that the market value .....

Jitendra Nath Mukherjee Vs. Commissioners of Baduria Municipality and ...

Court : Kolkata

Reported in : AIR1967Cal423

..... . to hold otherwise, by making light of such requirements, will virtually be repealing section 103 of the bengal municipal act and denying the rate-payers the protection which the legislature intended to secure ..... legal form of the lease for a period exceeding a year failing, a monthly tenancy would not be created by delivery of possession and payment of rent, because infraction of section 103, sub-section (2), of the bengal municipal act, would come full-circle back, preventing thereby the creation of even a monthly lease. b ..... impugned agreement is over the signature of sarkhel only, the then chairman, on behalf of the municipality, and that too without the common seal, infracting thereby the mandatory provisions of section 103, subsection (2), of the bengal municipal act, 15 of 1932, by virtue of which the minimum requirement, amongst others, is twofold ..... . assuming he has the requisite jurisdiction, section 103 of the bengal municipal act, the learned judges below have gone by, does not apply to the lease that is seen ..... if it does, section 53a of the transfer of property act, no less equitable estoppel, stands between the municipality and the reliefs they pray the court for. 4 ..... mookerjee argues:even assuming that section 103 of the bengal municipal act applies, four ingredients are to be there ..... mukherjee citing it (as indeed he cites in fact), turns on the construction of section 47 of the punjab municipal act, 3 of 1911, the language of which bears striking similarity with section 103 of the bengal municipal act .....