Judgment Search Results Home > Cases Phrase: howrah municipal repealing act 1974 Page 9 of about 18,805 results (0.155 seconds)

New Delhi Municipal Corporation Vs. Hardev Singh and ors.

Court : Delhi

Reported in : AIR1980Delhi224

..... if he does not sell such an article of food to the food inspector and even if he does not accept the price tendered by the food inspector, section 10(1) of the act empowers the food inspector to take a sample of such an article of food and that all that the food inspector is required to do in such circumstances is to tender payment ..... if he docs not sell such an article of food to the food inspector and even if he does not accept the price tendered by the food inspector, section 10(1) of the act empowers the food inspector to take a sample of such an article of food and that all that the food inspector is required to do in such circumstances is to tender payment ..... it is no doubt true that the supreme court in paragraph 14 of its above-cited judg- mept ahve observed that sub-section (2) of section 10 of the act makes it clear that if an article of food is in the possession of a person who does not fulfill the character of a seller, conveyer, deliverer, consignee, manufacturer, or storer for sale such as is referred to it sub- ..... inspector, municipal corporation, ..... view to appreciate the above submission it would be relevant to examine the provisions of law as it stood on 5th november, 1974, the date when the sample of atta was taken. ..... inspector, municipal corporation ..... supreme court in the case of municipal corporation of delhi v. ..... (bom) (8); and municipal, council, jaipur v ..... of the- decisions relied upon before him, observations of the supreme court in municipal corporation of delhi v. ..... municipal .....

Shanks Vs. Dupont

Court : US Supreme Court

..... but it is obvious that although the common law be the law of south carolina and its principles are hostile to the right of putting off our national allegiance, the constitution and legislative acts of south carolina, when asserting her independence, must be looked into to determine whether she may not then have modified the rigor of the common law and substituted principles of greater liberality ..... now if they were in truth and in fact, upon principles of public and municipal law, british subjects, she has an equal right to require us to recognize them as such ..... those political rights do not stand upon the mere doctrines of municipal law applicable to ordinary transactions, but stand upon the more general principles of the law of nations ..... these political rights do not stand upon the mere doctrines of municipal law, applicable to ordinary transactions, but stand upon the more general principles of the law of nations ..... 264 rights and privileges on aliens, and for repealing the act therein mentioned. ..... if it be answered that this power ought not to be extended unreasonably or beyond the period when we are capable of acting for ourselves, the answer is obvious -- by what rule is the limit to be prescribed unless by positive municipal regulation? ..... it is therefore a subject for municipal regulation, and the security of the individual lies in exerting his influence to obtain laws which will neither expose the community unreasonably on the one hand nor restrain one individual unjustly on the .....

Vicksburg Vs. Vicksburg Waterworks Co.

Court : US Supreme Court

..... as construed by its highest court, do not prevent a municipality from granting an exclusive water supply franchise for a limited period during which it cannot erect and operate its own water system, and under the constitutional limitation that the legislative power to alter, amend and repeal charters of corporations must be exercised so that no injustice shall be done to stockholders, an act of the legislature authorizing the municipality to erect its own water system would not amount ..... 453 appeal from the circuit court of the united states for the southern district of mississippi syllabus where complainant's bill discloses an intention by the municipality to deprive complainant -- a water supply company -- of rights under an existing contract by subsequent legislation, and the city cannot show any inherent want of legal validity in the contract, or any such disregard of its obligations ..... feature of equity jurisdiction to anticipate and prevent threatened injury, and in this case an injunction was properly issued to restrain a municipality from erecting its own water system during the continuance of an exclusive franchise owned by complainant. ..... a water supply for a period of thirty years, we think it would be a palpable injustice to the stockholders to permit the competition of the city by new works of its own, which, whether operated profitably for the municipality or not, might be destructive of all successful operation in furnishing water to consumers by the private company. .....

Ambika Prasad Vs. Ranki Tirkey and ors.

Court : Patna

..... : air1992sc180 , wherein it was held that the application for renewal of permit under section 58 of the old act was filed before the amendment came into force but renewal could be granted when the 1988 act came in force and after considering the repealing provision, it is held that the petition filed under the old act would be continued to be determined under the old act itself when the amended act came in the meantime. ..... : air1996sc2155 , wherein it was held that where the claim case was filed under section 166 of the act when the previous act was in force without deletion of sub-section (3) but during its pendency, the amendment act came in, deleting sub-section (3), the petition should be governed under the new provision wherein the proposition of limitation had totally been withdrawn. ..... at the relevant time or not have not been argued by the learned counsel for the appellant and these matters can very well be construed at the time of full- fledged enquiry under section 166 of the act, but for no fault liability, the owner has rightly been ordered to pay the interim compensation of no fault liability.7. ..... judgment by stating that the previous judgments of the apex court as referred to above had not been considered in the latest judgment and by referring to it the principle of per incuriam as decided by the apex court in the case of municipal corporation, delhi v. .....

Ram Kumar Sharma Vs. Punjab State and ors.

Court : Punjab and Haryana

Reported in : AIR1966P& H99

..... of which reads--'(1) the state government may frame forms for any proceeding of a committee and may make any rules consistent with this act to carry out the purposes thereof and in particular and without prejudice to the generality of the foregoing power may make rules--x x x x x x(b) as to the division of municipalities into wards, or of the inhabitants into classes or both;(c) as to the number of representatives proper for each ward or class;(d) as to the qualifications of electors and of candidates ..... the so-called draft rules in the preliminary notification) and in exercise of the powers conferred by section 240 of the punjab municipal act, 1911 (punjab act iii of 1911) and all other powers enabling him in this behalf, the governor of punjab is pleased to make the following rules as to the division of the municipality of hissar into wards and fixation of the number of representatives for election from each such ward:--rules.1. ..... in general it seems to me that the court should be reluctant to strike down laws which have stood the test of time, like the punjab municipal act of 1911, and even allowing for the fact that statutory provisions could only be scrutinised by the high courts for the purpose of ascertaining their constitutional validity after the constitution came into force in january .....

Sir Sobha Singh and Sons (P) Ltd. Vs. New Delhi Municipal Committee

Court : Delhi

Reported in : 34(1988)DLT91; 1988(14)DRJ287; 1988RLR126

..... be sought in that forum and in that manner, and all other forums and modes of seeking it are excluded construed in the light of this principle, it is clear that sections 84 and 86 of the punjab municipal act bar, by inevitable implication, the jurisdiction of the civicourt, where the grievance of the party relates to an assessment or the principle of assessment under this ..... 'as regards the contention that the suit is not maintainable, and that the proper remedy of the petitioner was to have gone in appeal before the district judge under section 169 of the act, it cannot be said that the contention of the petitioner that when the demand raised is absolutely not sustainable against it under the law, it can file a suit for quashing it, ..... applying the test in kamla mills, if the appropriate authority while exercising its jurisdiction and powers under the relevant provisions of the act, holds erroneously that an assessment already made can be corrected or that an assessed is liable to pay double duty when rule 4(b), in fact, does not justify such an imposition, it cannot be said ..... [1977]3scr182 the plaintiffs had imported certain goods within the limits of the then jabalpur municipal committee between april 1, 1943 and march 31, 1946 and had paid to the committee ..... it had been contended that the assessment once made was final subject to the remedies which the act provided to the aggrieved party and the reopening of assessment was wholly without jurisdiction and thereforee the ..... 1974 .....

Present: Mr. Kulbhushan Raheja Advocate Vs. State of Punjab and Others

Court : Punjab and Haryana

..... , ferozepur, with effect therefrom for a period of 5 years.it is pertinent to mention that the petitioners also applied for some information under the right to information act, 2005, about the aforesaid meeting which has been supplied by the public information officer, municipal council, ferozepur, to the effect that in the meeting dated 24.07.2009, 9 members took oath and as the quorum was not complete, it was postponed and, thereafter, held on 04.05.2010 in which 16 remaining ..... 16 members were administered oath to their office and the election of the president, senior vice president and the junior vice president took place, has to be considered to be the firs.meeting and according to section 13(1) of the act as well as article 243u of the constitution of india, the tenure of the present municipal council is to be counted for a period of 5 years from the said date i.e.04.05.2010 when the firs.meeting was held. ..... if in a democratic set up, the elected members.who have got a secured tenure of 5 years in terms of the provisions of the act as well as the constitution of india, are allowed to play with the sentiments of the people to whom they represent in the municipalities in the manner in which the firs.meeting dated 22.07.2008 was held, it would defeat the very purpose of bringing chapter ix a in the constitution of india for providing a secured tenure of 5 years to the elected members.kumar vino .....

Rajbir Singh Vs. L.D. Gupta and ors.

Court : Delhi

Reported in : AIR1986Delhi206; ILR1987Delhi401

..... decision of a division bench of the allahabad high court in the case of mani ram (supra) and the second reason given by allahabad high court is that the functioning of the election tribunal under the representation of peoples act, 1951 and lor such municipal election is that of a appellate authority and whatever powers are available to returning officer are also available to the election tribunal. ..... election commissioner has to decide election disputes under the municipal law which is a statutory creation and. ..... have a right to file written statements by way of reply to it; issues have to be framed, and subject to the provisions of the act, the previsions of the civil procedure code regulates the trial of the petition. ..... election disputes, in cases of equality of votes between the candidates, the election commissioner has no power to decide the issue by casting lots as no such power is given to him by the act or rules.supreme court in the case of university of poona (supra) in para 21 observed. ..... rules with the expressed provisions of section 102 of the representation of people act, 1951 and noticed that rule 25(3) of the u.p. ..... municipal ..... municipal election rules, it could be utilised by the returning officer as wall by the election tribunal and/or the civil court, if suit was not barred to challenge ..... municipal ..... so the representation of the people act has been held to be a complete and self contained code within which must be found any right claimed in relation to an election or an .....

NaraIn Prasad Vs. the State of Rajasthan and anr.

Court : Rajasthan

Reported in : AIR1978Raj162; 1978CriLJ1445; 1977WLN(UC)540

..... high court observed as under:--'a food inspector can be prevented from obtaining a sample which he is authorised to take in exercise of his power under the act within the meaning of the section 16(1)(b) not only by some overt act, but also by an omission which has the consequence of preventing the food inspector from obtaining the sample from a person selling the article of food concerned. ..... had shown his unwillingness to give sample to the food inspector, but was willing to accompany the food inspector wherever he desired to take him, then it was negative approach of the accused and the act of the accused in not co-operating with the food inspector would not tantamount to preventing the food inspector from taking the sample. ..... same case it was further held that :-- 'it cannot be the intention of the legislature that the food inspector must be compelled by reason of some act or omission of the person selling an article of food to resort to his powers under sub-sections (2) and (5) in every case. ..... this, the decision of the division bench of this court in municipal council, jaipur v. ..... by a division bench of this court in municipal council, jaipur v. ..... of 1970, (municipal council, jaipur ..... of 1969 (municipal council, jaipur ..... 883) (supra) because it was based on municipal board v. ..... 1961 all 103) (supra) which was later on considered by a division bench of the same high court in jaunpur municipality v. ..... high court after making reference to jaunpur municipality v. ..... municipality ..... in municipal board .....

Dhanpal Baburao Chougule and Others Vs. State of Maharashtra and Other ...

Court : Mumbai

..... 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 ..... in plans:- (1) when after the publication of a draft regional plan, a development or any other plan or town planning scheme, any land is required or reserved for any of the public purposes specified in any plan or scheme under this act at any time the planning authority, development authority, or as the case may be, 1(any appropriate authority may, except as otherwise provided in section 113a) 2(acquire the land,- (a) by an agreement by paying an amount agreed to, or (b) in ..... it was held that the municipal commissioner of the municipal corporation which is the planning authority is not competent to exercise functions of the planning authority described in section 127 of the mrtp act and the steps for acquisition must be taken by the municipal corporation. ..... respondent-the ichalkaranji municipal council is the planning authority within the meaning of mrtp act for the town ..... 127 of the mrtp act was addressed by the petitioner to the chief engineer, development authority of the said municipal corporation. .....