Judgment Search Results Home > Cases Phrase: howrah municipal repealing act 1974 Sorted by: old Page 1 of about 18,916 results (0.120 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 it appears that howrah municipal act, 1965 was thereafter repealed and in the year 1974, electoral rolls of the municipality had also been prepared.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. .....

State of U.P. Thru Secy. Lucknow Vs. Jagdish Chandra

Court : Allahabad

..... shri sanjay goswami, learned additional chief standing counsel appearing for the state challenging the order dated 13/8/2012, passed by the district judge submitted that after the repeal of the act, 1976 by the repeal act, 1999, no appeal could have been filed by the tenure holder and the appeal filed by the tenure holder in the year 2007 against the order dated 31/3/1997, was ..... question whether the land holder was in actual, physical possession of the land can only be determined by an authority under section 33 of the act, 1976 and no other authority can decide the question of possession and the right of the parties, since the repeal act, 1999 gives right to the land holder to retain the land in his own right where the actual, physical possession of the land has not ..... thus even if the district judge wrongly exercised the jurisdiction but as the order passed by him was in accordance with the substantive provisions contained in the repeal act and ultimately did justice between the parties, there would be no justification to set aside the same in discretionary and equitable jurisdiction of this court under article 226 ..... the division bench did not enter into the issue as to whether the district judge has rightly exercised jurisdiction in deciding the appeal after the repeal act, 1999, rather upheld the judgment on the ground that the order of the district judge did justice between the parties and there would be no justification to set-aside the same in ..... municipal board, bareilly, (1974 .....

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. .....

Camp Vs. Lockwood

Court : US Supreme Court

..... them, or should thereafter do so, should be confiscated; and that, with respect to those persons who had been inhabitants of the state (the last section of the act providing for the case of persons who had never been inhabitants) the county court upon application was empowered and directed to give judgment, that all their estate should be ..... under the treaty of peace, indeed, and the law of connecticut (passed the 2nd thursday of may, 1787) repealing all acts repugnant to the treaty, the administrators could not now interfere to prevent the plaintiff's recovery; for, the act by virtue of which they were appointed, is certainly of that description; so that by the 4th article lockwood is estopped from saying that he ..... the offence, which incurred the forfeiture, was not an offence against the state of connecticut alone, but against all the states in the union: and the act, which directed the forfeiture, was made in consequence of the recommendation of congress, composed of the representatives of all the states, and was a case within ..... act of connecticut, repealing all laws against the treaty, affect the law in question, which is directed to an object of mere municipal ..... urged, that, as against a delinquent citizen, merely in relation to the state of which he was a member, not an enemy in the strict sense of the word, the act of the state, non valet extra territorium; that, therefore, it could never be any bar to camp's recovery in pennsylvania; and that, even in connecticut, he would now .....

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 .....

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 .....

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. .....

Prize Cases

Court : US Supreme Court

..... to the president, 4th july, the observes, after referring to the necessity of interdicting commerce at those ports where the government were not permitted to collect the revenue, that, "in the performance of this domestic municipal duty, the property and interests of foreigners became to some extent involved in our home questions, and with a view of extending to them every comity that circumstances would justify, the rules of blockade were adopted, ..... too powerful to be suppressed by the course of judicial proceedings, it shall be lawful for the president to call forth the militia of such state, or of any other state or states as may be necessary to suppress such combinations; and by the act 3 march, 1807 (2 u.s.laws, 443), it is provided that, in case of insurrection or obstruction of the laws, either in the united states or of any state of territory, where it is lawful for the president to call forth the ..... in their feelings, and forced by compulsion and the violence of the rebellious and revolutionary party and its " de facto government" to submit to their laws and assist in their scheme of revolution; that the acts of the usurping government cannot legally sever the bond of their allegiance; they have, therefore, a co-relative right to claim the protection of the government for their persons and property, and to be treated as ..... instead of being carried on under the municipal law of 1795, it would be under the law of nations, and the acts of congress as war measures with all .....

The Cherokee Tobacco

Court : US Supreme Court

..... brannin [ footnote 2/1 ] that whilst the provisions of a city charter, it being a municipal corporation, may be repealed or altered by the legislature at will, yet a general statute repealing all acts contrary to its provisions will not be held to repeal a clause in the charter of such a municipal corporation upon the same subject matter and inconsistent therewith. ..... the only question argued in this court, and upon which our decision must depend, is the effect to be given respectively to the 107th section of the act of 1868, [ footnote 1 ] and the 10th article of the treaty of 1866, between the united states and the cherokee nation of indians. ..... at the trial, the claimants moved the court to instruct the jury that the act of congress, entitled "an act imposing taxes on distilled spirits, and for other purposes," approved july 20, 1868, is not in force in any part of the indian territory embraced in the western district of arkansas; that the 10th article of the treaty of 1866 ..... but where the repealing clause in the general law repealed all laws inconsistent therewith, whether general or local and special, it was held that it did repeal the special exemption ..... exempted the company from all taxation except a certain percentage on the cost of its works, it was held that this exemption was not repealed by a subsequent general tax law enacting that all corporations should be taxed for the full amount of their property as other persons are taxed, and repealing all laws inconsistent therewith. .....

Township of Burlington Vs. Beasley

Court : US Supreme Court

..... , made for the purpose of aiding internal improvements in said township, and in pursuance of an act of the legislature of the state of kansas, entitled" "an act to authorize counties, incorporated cities, and municipal townships to issue bonds for the purpose of building bridges, aiding in the construction of railroads, water power, or other works of internal improvement, and providing for the registration of such bonds, the registration of other bonds, and the repealing of all laws in conflict therewith," "approved march 2, 1872. ..... the first section of this act provides that the trustee, clerk, or treasure of any municipal township is empowered to issue its bonds "for the purpose of building bridges, free or otherwise, or to aid in the construction of railroads or water-power, by donation thereto or the taking of stock therein, or for other works of internal improvement. ..... the bonds which are the foundation of this action purport upon their face to be issued by virtue of an act of the legislature of the state of kansas, approved march 2, 1872, of which the title is given in the bonds. ..... similar language is used in the eleventh section and in the twelfth section of the act. ..... stow, and to aid in the construction of which these bonds were issued, had been that of water accumulated by dams and discharged upon wheels, the purpose would have been within the specific language of the act. .....