Judgment Search Results Home > Cases Phrase: howrah municipal repealing act 1974 Page 8 of about 18,805 results (0.150 seconds)

Balak Ram and ors. Vs. Sita Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1954HP6

..... it is well established then that where an act of the state is clearly referable to some municipal law, the sanction for the act is not that of sovereign power but that of the particular law, and consequently immunity from having to justify such an act in a municipal court cannot be claimed by the state.8. ..... it was further held that as the act complained of in that case was professedly done under the sanction of municipal law, and in the exercise of powers conferred by that law, the fact that it was done by the sovereign power aad was not an act which could possibly be done by a private individual, did not oust the ju- risdiction of the civil courts.7. ..... it was pleaded by the secretary of state, inter alia, that the realisation of the amount in question amounted to an act of state of which the municipal courts were debarred from taking cognizance. ..... in this case the province of bombay is justifying its requisition order under the ordinance which is a municipal law, and therefore it cannot claim as a sovereign authority to be exempt from a municipal court and cannot claim immunity from having to justify its act in a municipal court. ..... one of the pleas taken by the advocate general on behalf of the province was that the government could only be sued in respect of such acts as could be performed by an individual or by a trading corporation, and that when the government acts as a sovereign authority its acts are outside the purview of municipal courts. .....

Ahmednagar Municipal Corporation, Through Its Commissioner Vs. the Sta ...

Court : Mumbai Aurangabad

..... document at annexure n2 with petition is the communication dated 18.7.2001 sent by assistant director of town planning to the chief officer of municipal council, ahmadnagar which shows that final development plan for ahmadnagar is in force since 1.4.1978 after final sanction by the state and in it, entire area of wadia park is reserved as sports center and open ..... petitioner municipal corporation a local authority constituted and functioning under the bombay (maharashtra) provincial municipal corporations act, 1949, ( hereafter 1949 act and earlier known as bombay provincial municipal corporation act) in this petition under ..... land, permission dated 1.10.2001 for shops and offices, approval dated 8.2.2002 by the state to user of part of area for commercial purpose , submission of revised maps/plans on 10,12,2003, no decision on it within 60 days by the municipal council and defence of deemed sanction are the important aspects according to learned counsel. ..... was earlier a municipal council constituted as per the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965. ..... of respondent 1 on 31.1.2005 written to the municipal commissioner of petitioner to scrutinize the plans as per s.58(2)(1) of 1966 act. ..... b1) iv) to restrain the respondents or those claiming through them form putting the shopping plaza a and b or the periphery of the main building to any commercial use till occupancy certificate as per s.263 of the bombay provincial municipal corporation act. .....

Rice Vs. Railroad Company

Court : US Supreme Court

..... up in the answer was to grant to the territory a beneficial interest in the lands, then it is equally clear that it was not competent for congress to pass the repealing act and divest the title, and the defendants, on the facts exhibited in the pleadings, although they did not acquire any title under their original charter, are nevertheless the rightful owners ..... the discharge of their duties, and before the trespasses complained of were committed, to-wit on the 24th day of august, 1854, congress passed the following act repealing that by which the grant was made on the preceding 29th of june: " be it enacted that the bill entitled 'an act to aid the territory of minnesota in the construction of a railroad therein,' which passed the house of representatives on the twentieth day of june, eighteen ..... arise in the case, because if the defendants acquired such a right, title, or interest in the lands under their original charter, then it is clear that it became a vested interest as soon as the act of congress went into effect, and on that state of the case, it would be true, as contended by the defendants, that the repealing act set up in the replication of the plaintiff is void and of no effect. ..... municipal corporation, by the true construction of the act of congress set up in the answer, acquired under it any beneficial interest in the same, as contradistinguished from a mere naked trust or power to dispose of the land in the manner and for the use and purpose described in the act. .....

Babu Ram, Ashok Kumar and anr. Vs. Antarim Zila Parishad

Court : Allahabad

Reported in : AIR1964All534

..... the discretion has been exercised mala fide or on irrelevant considerations we have only to decide whether it has been exercised without regard to relevant matters the impugned levy has been made under section 114 of the act read with a rule made by the government which fixes the tax ceiling at rs 2,000/- section 114 provides that the tax may be imposed on any person 'residing or carrying on business in the rural area' ..... its discretion it may have regard to various circumstances including the existence of an adequate alternative remedy the existence of an alternative remedy does not oust the power of the court to act under article 226; it is a circumstance which would weigh with the court in deciding whether it should exercise the power or not. ..... is liable to pay the tax on circumstance and property to the municipal board of muzaffarnagar wherein the business office of the appellant is located. ..... singh's case : air1956all324 the alternative remedy was not that of an appeal but of a suit for injunction for restraining the municipal board from recovering the illegal levy of toll. ..... of opinion that as the appellant had an adequate alternative remedy of appeal under section 128 of the act from the levy, the court should not intercede.8. ..... municipal board of hardwar union hardwar : air1956all324 and state of u. ..... municipal board, allahabad : air1952all753 ; budh prakash jai ..... a similar clause in the sales tax act was not considered by the supreme court to give a person an adequate and equally .....

Gourishanker Vs. Municipal Council and anr.

Court : Madhya Pradesh

Reported in : AIR1968MP39

..... act repealing, inter alia,the central provinces and berar municipalities act, 1922, it is plain that the terminal tax imposed by the narsimhapur municipality under the act of 1903, which act was repealed by the act of 1922 and which in its turn was repealed by the act of 1961, is a tax deemed to have been imposed under the act of 1961.section 2 (2) of the act, inter alia, provides that notwithstanding the repeal of that central provinces and berar municipalities act, 1922, all taxes imposed under the repealed act or any enactment thereby repealed ..... shall be deemed to have been imposed under the act ..... the expressions 'imposed under the said acts', that is the repealed acts, 'or any enactment thereby repealed' are wide enough to save taxes imposed not only under the act of 1922 but also under the act of 1903 which was repealed by the act of 1922 and make the saved taxes as one deemed to have been imposed under the act of 1961. .....

Dr. H.S. Rikhy and ors. Vs. the New Delhi Municipal Committee

Court : Supreme Court of India

Reported in : AIR1962SC554; [1962]3SCR604

..... however, i come to the same conclusion as lord justice lindley and lord justice cotton in this case, upon the ground that, although this was a municipal corporation, yet in the transaction in question it was acting as a board of health, and that therefore it was bound by the statute, and that as to the construction of that statute we are bound by a former decision of this court which ..... to consider the further argument raised on behalf of the appellants, namely, that the power of the committee is contained in section 18 and not in section 47 of the municipal act, which only lays down the mode of executing contracts and transfer of property, as appears from the marginal note to the section i. e. ..... the high court of punjab under article 133(1)(c) of the constitution, is whether the provisions of section 8 of the delhi and ajmer rent control act (38 of 1952) (which hereinafter will be referred to as the act) apply to the transactions in question between the appellants in each case and the new delhi municipal committee (which for the sake of brevity we shall call 'the committee' in the course of this judgment). 2. ..... contended in the first place, that the definitions of 'landlord', 'premises', and 'tenant' in section 2, clauses (c), (g) and (j) respectively, of the act, make it clear that the person for the time being receiving rent is the landlord and the person who is paying the rent is the tenant of the ..... we should in effect be repealing the act of parliament and depriving the ratepayers .....

BepIn Chandra Biswas Vs. the Corporation of Calcutta

Court : Kolkata

Reported in : (1904)ILR31Cal452

..... the intimation made in the special notice appears to have been based upon section 160 of the act, which provides that 'any person, who is dissatisfied with a valuation made under this chapter may deliver at the municipal office a written notice stating the grounds of his objection,' and that such notice must be delivered in the case of bustee land within 15 days after the receipt of the special notice referred to ..... was given by the ladies of his family ft notice of sale under section 218 of the calcutta municipal act dated the 30th december, with an inventory of the property seized and tins notice he produced in ..... profess to have been compelled to keep this valuation and separation of numbers in abeyance by reason of difficulties created by the calcutta municipal act in consequence of the objections filed by two other personas. ..... was not taken in the written statement that the notice of suit served upon the corporation under section 634 of the calcutta municipal act was insufficient was, afterwards, rightly as it appears to me, withdrawn.3. ..... , as it may, the corporation on the 5th october 1901 apparently in consequence of his application of the 22nd march 1901 served upon the plaintiff a special notice purporting to be under section 159 of the calcutta municipal act, and dated the 30th september 1901. ..... facts admitted or found by me to be proved in the case, it remains to be considered what the legal effect or position is, regard being had to the provisions of the calcutta municipal act. .....

The Marianna Flora

Court : US Supreme Court

..... the first wrong was done by her, and his own subsequent acts were a just defense and vindication of the rights and honor of ..... is conceded on all sides, and in this opinion the court concurs, that he acted with honorable motives and from a sense of duty to his government. ..... the hearing of the cause in the district court, the judge pronounced an interlocutory sentence of restitution, and subsequently pronounced a further decree for damages amounting to $19,675 for the act of sending in the ship for adjudication and the consequent detention. ..... cases of marine torts, independent of prize, courts of admiralty are in the habit of giving or withholding damages upon enlarged principles of justice and equity, and have not circumscribed themselves within the positive boundaries of mere municipal law. ..... 51 which might bring the case completely within the act of congress or of the general law of nations as a gross and violent injury calling ..... are entirely wanting in the case before us, and therefore if the question of forfeiture were now in judgment, we should have no doubt, either upon the act of congress, or the general law, that it ought not to be enforced. ..... the bar that even if this attack had been a piratical aggression, it would not have justified the capture and sending in of the ship for adjudication, because foreign ships are not to be governed by our municipal regulations. ..... it may be justifiable, and then no blame attaches to the act; or it may be without just excuse, and then it carries .....

In Re Hall

Court : US Supreme Court

..... held that the effect of the repealing act was to take away the jurisdiction of the court of claims to proceed further in any case founded upon the repealed act, but that this court did not intimate by this decision that that court would not have jurisdiction to entertain and grant a motion on the part of the petitioner to reinstate the original judgment ..... the court to render judgment or take any step or proceeding in the said case, or in any of the other cases pending, or with reference to any of the judgments theretofore rendered under and by virtue of the jurisdiction conferred by said act of february 13, 1895, wherefore, on the 15th day of march, 1897 (that being the first motion day after the court resumed its sittings on the 8th of march, and the regular day upon which, according ..... to provide for the expenses of the district of columbia for the fiscal year ending june 30, 1898, and for other purposes,' which said act contained, amongst other things, the following provision:" "that the act approved february thirteenth, eighteen hundred and ninety-five, entitled "an act to amend an act, entitled an act to provide for the settlement of all outstanding claims against the district of columbia, and conferring jurisdiction upon the court of claims to hear ..... covered by its provisions; that there was no element of a legal or an equitable claim in their favor against the municipal authorities of the district, but that the act provided for a gift which was wholly without consideration. .....

Indiana Ex Rel. Anderson Vs. Brand

Court : US Supreme Court

..... [ footnote 18 ] the causes of cancellation provided in the act of 1927 and the retention of the system of indefinite contracts in all municipalities except townships by the act of 1933 are persuasive that the repeal of the earlier act by the later was not an exercise of the police power for the attainment of ends to which its exercise may properly be ..... [ footnote 7 ] it thus appearing that the constitutional validity of the repealing act was drawn in question and the statute sustained, we issued the writ of ..... respondent urges that every contract is subject to the police power, and that, in repealing the teachers' tenure act, the legislature validly exercised that reserved power of the state. ..... this act shall be construed as supplementary to an act of the general assembly, page 195, acts 1921, entitled 'an act concerning teachers' contracts and providing for the repeal of ..... the court below construed this act as repealing the act of 1927 so far as township schools and teachers are concerned, and as leaving the respondent free to terminate the petitioner ..... act of 1933, as construed by the state court, repealed the earlier act insofar as township teachers and schools were concerned and permitted the termination of the employment of such teachers without regard to the conditions and limitations of the earlier act. ..... here is that the statutory tenure given teachers under the 1927 act amounted to contracts with the state which could not be impaired by repeal or modification of the law. .....