Court : Andhra Pradesh
Reported in : AIR1965AP191
..... moreover a perusal of these sections in the district municipalities act would show that the municipalities or their officers and members were not forbidden to enter into contracts. ..... 189 : (air 1927 cal 465) where a contract for the hire of a tug was under seal as required by section 29 of the chittagong port act, the court while holding that the plaintiff could not sue on the contract, held that he may succeed on a quantum meruit. ..... , within the municipality, basing its claim on a contract which was entered into by its chairman without conforming to the provisions of section 68 (2) of the madras district municipalities act and also on an alleged ratification of the contract by the municipal council made more than a year after the said contract by the chairman and three months after the expiry of the period for which the bid was given by the defendant. ..... lonavala city municipality, ilr 1937 bom 782 : (air 1937 bom 41) where a building contract was unenforceable by reason of failure to conform to the provisions of the bombay municipal boroughs act, but the plaintiff had carried out all his obligations, the bombay high court held that sec. ..... 47 of the punjab municipal act, in the madras high court also, it has been held recently in palaniswami gounder v. e. ..... 65 of the indian contract act they are doing indirectly the same thing that was forbidden by the municipalities act. ..... we find that in similar circumstances section 65 of the act was held to be applicable in madura municipality v. k. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT69
..... the ordinance was operative only till the expiration of six weeks from the reassembly of the legislature but the repealed act was not reenacted, so the impugned proceedings are without the authority of law. ..... sri khader ali khan, the learned standing counsel for the municipal corporation of hyderabad appearing for respondents 2 and 3, submits that the ordinance contemplates issuance of notification for bringing the ordinance into force and no notification bringing the ordinance into operation was issued, consequently the repeal of section 67 never took effect, as such the impugned act is very much in force, so the action taken pursuant to the act is legal and valid. ..... rao, the learned counsel appearing for other writ petitioners contended that under section 1(3) of the act, a notification by the 1st respondent-government is necessary, without which the act cannot be applied to the municipal corporation of hyderabad and as no such notification was issued, the act is not applicable to the municipal corporation as such all the proceedings are without the authority of law. ..... of their intention of applying the provisions of the act to the municipality or municipal corporation, giving two months time for filing objections and on receipt of objections, if any, consider them, they cannot issue a notification applying the act and unless a notification is issued under sub-section (3) of section 1 of the act in respect of a municipal corporation or municipality the act cannot be applied to it. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1992AP45
..... ordinance was operative only till the expiration of six weeks from the reassembly of the legislature but the repealed act was not reenacted so the impugned proceedings are without the authority of law. ..... gazette of their intention of applying the provisions of the act to the municipality or municipal corporation giving two months time for filing objections and on receipt of objections, if any, consider them, they cannot issue a notification applying the act and unless a notification is issued under sub-sec. (3) of ..... gazette a notice of their intention to bring into force the act in any municipality or municipal corporation in the state, and fix a period which shall not be less than two months from the date of publication of the notice for the municipality or municipal corporation concerned, to show cause against the issue of the notification and consider its objections, if ..... case, admittedly neither any notice was issued under proviso to sub-section (3) nor any notification was issued under the said sub-section in respect of municipal corporation of hyderabad, as such the act could not be applied to the municipal corporation of the twin cites of hyderabad and secundera-bad. ..... 1(3) of the act, a notification by the 1st respondent-government is necessary, without which the act cannot be applied to the municipal corporation of hyderabad and as no such notification was issued, the act is not 'applicable to the municipal corporation as such all the proceedings are without the authority .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1954CriLJ464
..... follows:if immediately before the appointed day (1st of april 1951) there is in force in any part b state any law corresponding to any of the acts or ordinances now extended to that state, that law shall, save as otherwise expressly provided in the act, stand repealed: provided that the repeal shall not affect-(a) the previous operation of any law so repealed or anything duly done or suffered thereunder,(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law ..... so repealed, or(c) any penalty, forfeiture, or punishment incurred in respect of any offence committed against any law so repealed, or(d) any investigation, legal proceeding or remedy in respect of any such right, ..... under the municipal act the person contravening the provision cannot be held liable under the penal code and the legislature had evinced an intention to that effect, observed:that if this case is intended to support a general proposition that because a special enactment deals with an offence similar to the offence which is dealt with by the indian penal code, therefore, the provisions of the indian penal code, should be taken to have been repealed to that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1954CriLJ1093
..... intended a particular statute to be one or the other.para 666:after the expiration of a statute, in the absence of provision to the contrary, no proceedings can be taken on it, and proceedings already commenced ipso facto determine.para 668:a statute which is repealed differs from a temporary statute in that the former, except in so far as it relates to transactions already completed under it, becomes as if it had never existed while with respect to the latter the extent of the restrictions imposed and ..... page 180 says:there remains, however, a difficulty arising from the necessarily temporary character of the regulation, on its face it is directed to meeting the situation which may not last through the remaining life of the national security act and yet there is nothing in the regulation itself to restrain its operation either by reference to a fixed period or to any event or condition...if a power applies to authorise measures only to meet facts the measure cannot outlast ..... regulation and it was laid down that:save as otherwise expressly provided by or under this regulation the ordinary criminal and civil courts shall continue to exercise jurisdiction.by section 15 the regulation prescribed that:any authority or person acting in pursuance of this regulation shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the public safety and interest and the defence of ..... v. municipal board, allahabad' : .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1958]9STC723(AP)
..... fundament rights guaranteed under article 19(1)(g) of the constitution, not only because there are several levies such as the central excise duty, cigar label fee, various fees payable to the municipality and licence fee to the central excise department, but also because the retrospective operation of the tax, which these petty dealers could not pass on to the consumers from whom ..... of the constitution as the clause is unreasonable and bears no just relation to the object sought to be achieved; (d) that it amounts to double taxation; (e) that while the intention and policy of the amending act is a single point tax, the newly introduced sub-sections (2-a) and (2-b) are being interpreted as permitting a levy of tax on country tobacco at the purchase point as also levy on cigars and cheroots prepared ..... ) act iv of 1953 was enacted repealing act viii ..... 110 and rule 7 of the taxation rules in schedule iv of the madras city municipal act as to whether the licence fees payable by all incorporated companies in the city of madras were payable by companies doing business in british india whose paid up capital was in pound sterling, held that they were so liable notwithstanding the fact that the taxation rules of the municipality were prescribed for capital expressed in rupees. ..... not only the central excise duty and the cigar label fees at 0-4-0 to 0-8-0 a hundred according to their size, but also the various fees to the municipality and the licence fees to the central excise department. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP116
..... the returning officer that the petitioner was disqualified on the ground that he had a share or interest in several subsisting contracts for the supply of goods within the meaning of section 7(d) of the act and that, in fact the appellant made an admission that he, his father and brother constituted a joint undivided hindu family owning several businesses and that the income from them went into the common ..... candidate before the tribunal other than those put forward before the returning officer should not be investigated at the trial, the learned judges relied on the provisions of section 36(2) of the act and proceeded to remark : --'the nomination paper is thus liable to be rejected on anv one or more of the five grounds, and this can be done either on objection or sun motu by the returning ..... the learned counsel for the appellant invites us to answer it in the affirmative as according to him this conclusion is inescapable having regard to the provisions of section 36 of the act which require the returning officer to examine the nomination papers and to decide all objections which may be made to any nomination and to the decision of the supreme court in : [1955]1scr267 (b).we ..... were duly passed by the chairman of the municipality, but on account of some financial difficulty payment of the bills was not made in full and some money was remaining due to the plaintiff's.the question arose whether this would disqualify the plaintiff under section 57 of the bengal municipal act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP538
..... the prices, that it would enable the government to reduce the prices, that the object of enhancing the tariff in this case is only to recoup the losses and as such it is not authorised by section 3(1) of the act, that the price fixation could only be done for any of the purposes enumerated in that section, and lastly the increase in question is arbitrary and capricious.in our opinion, these grounds are equally un-enable. ..... pleading inter alia that the government could not put an end to the contractual rights of the petitioners therein to have the energy supplied at the stipulated prices by a unilateral act, that the madras temporary powers act 29 of 1949 had not conferred any powers on the government to alter the terms of a contract, that there was no justification for revision of rates since the conditions relied on for justifying the revision were ..... only the right, but the bounden and solemn duty of a state, to advance the safety, happiness, and prosperity of its people, and to provide for its general welfare, by any and every act of legislation, which it may deem to be conducive to these ends, where the power over the particular subject, or the manner of its exercise is not surrendered or restrained, in the manner just stated ..... the year 1956 the andhra legislature passed act v of 1956 afresh repealing the earlier acts and continuing in the schedule charcoal and ..... not concerned with rights arising under a contract which are governed by municipal law, namely, the contract act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP331
..... in what i have said i have in no way limited the discretion of the judge, as a judge of fact in determining whether or not be will act on the accounts without corroboration, the only point being that the law does not require corroboration'. ..... admissible only under section 34, require more .........at the same time we wish it to be distinctly understood that though the accounts, which are relevant under section 32(2), do not as a matter of law require corroboration, the judge is not bound to act on them without corroboration; that is a matter on which he must exercise his own judicial discretion as a judge of fact. ..... this section may be contrasted with section 34 of the evidence act which is in the following terms:'entries in books of account, regularly kept in the course of business, are relevant whenever they refer to a matter into which the court has to enquire, but such statements shall not alone be ..... it is manifest that in the present case the learned appellate judge was not prepared to act on the entries without corroboration. ..... under section 32(2) of the evidence act, in the case of a statement by a person who is dead, made in the ordinary course of business and in particular, when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, the statement itself is a relevant ..... for this proposition he relies on the presumption under section 114 of the evidence act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1970AP56
..... nambiar, appearing for the appellant, does not dispute the broad proposition thus laid down that there is no provision in the district municipalities act which incorporates the age disqualification under art, 326 of the constitution; but he urged that if it is found by the tribunal that the voter in question, suffered a constitutional disability, it would have the effect of ..... in the present case, apart from the question about the self-contained nature of the district municipalities act and the rules framed thereunder limiting the scope of investigation of election tribunal and determining their jurisdiction, when a specific breach of the constitution in the preparation of the statutory instrument, whose contents have to ..... this conclusion was based upon the reasoning that in the provisions of the uttar pradesh municipalities act, which fell fro consideration before the learned judges, the fact of non-attainment of 21 years of age was not specifically mentioned as a disqualification either for entry in the electoral roll would be ..... division bench dealing with this contention referred to section 19 of the representation of the people act, 1950 and section 44 of the district municipalities act and observed that--'a combined reading of sections 19 and 44 of the representation of the people act established that it is only a person who is at least 21 years old that could get his name entered in the electoral roll and be qualified to seek election to the municipal council as a candidate. .....
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