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 it appears that howrah municipal act, 1965 was thereafter repealed and in the year 1974, electoral rolls of the municipality had also been prepared.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. .....
Tag this Judgment!Court : Kolkata
Reported in : (1894)ILR21Cal837
..... the petitioner beni madhub nag has been convicted under bye-law 83 of the bye-laws of the howrah municipality for failing, in pursuance of a notice issued to him, to cut certain branches of a tree belonging to him which are alleged to overhang a tank belonging to a private individual and to be likely to foul its water. ..... section 2 of bengal act iii of 1884 no doubt lays down that all bye-laws prescribed under any enactment repealed by that act shall be deemed to have been prescribed under that act, and this bye-law 83 has undoubtedly been prescribed and sanctioned by the local government under bengal act v of 1876. ..... now, on looking at the provisions of section 313 of bengal act v of 1876 it is clear that this bye-law is not one such as the commissioners of municipalities were authorised to frame under this section. ..... ghose on behalf of the petitioner contends that this bye-law which purports to have been framed under the provisions of section 313, bengal act v of 1876, is not warranted by the provisions of that section, and therefore cannot be legally enforced.3. ..... ghose contends that the word 'prescribed' in section 2 of act iii of 1884 must mean 'duly' or 'lawfully prescribed,' and that section 2 of act iii of 1884 cannot make intra vires under section ill of 1884 a bye-law which is obviously ultra vires under act v of 1876. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal484
..... been extended to howrah by a notification under act 3 of 1899, that act had been repealed and re-enacted by the calcutta municipal act (act 3 of 1923), and no fresh notification had been issued extending any part of the new act to howrah.2. ..... 27th august 1927, a complaint was made under the orders of the chairman of the howrah municipality against the manager of messrs. ..... this view of the matter we think the prosecution in this case under the repealed act was misconcieved, and the rule must accordingly be discharged. ..... support of this view it is urged that the provisions of section 466 of the repealed act, and those of section 386 of the new act, are not consistent; also that the punishments provided by the two acts are not the same.5. ..... the repealed act a trading license had to be obtained from the chairman who had vested in him the sole right to grant it, but a reference to the two acts will show that the constitution of the corporation has been entirely altered by the act of ..... section 25 runs as follows:when any enactment is, after the commencement of this act, repealed and re-enacted by a bengal act with or without modification, then, unless it is otherwise expressly provided, any order, scheme, rule, bye-law, notification, or form issued under the repealed enactment, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been issued under the provisions so re-enacted, unless and until it is superseded by any order, scheme, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1931Cal481
..... held thatby virtue of the provision of section 25, bengal general clauses act (1 of 1899), the government notification extending the operation of section 228, calcutta municipal act, 1899 to the howrah municipality continues in force and be deemed to have been issued under the provisions so re-enacted, as the provisions of section 228 are not inconsistent with the provision of section 205, of the new calcutta municipal act 1923 and it is not superseded by any government notification issued under ..... these two appeals have arisen out of two suits which the respondent, the chairman of the municipal commissioners of howrah, instituted against the appellant and others as defendants for realization of arrears of municipal taxes due on a holding situated within the limits of the howrah municipality by a declaration that the said arrears form a charge on the holding and by enforcement ..... what section 25 means is that the notification under the repealed act remains intact and attaches to the new act as having been made under that particular provision of the new act which is a re-enactment of the old one under which ..... act of 1899 having been repealed section 228 of that act has also been repealed. ..... section 25, bengal general clauses act in my opinion, means that if a notification was issued under a repealed enactment it would be deemed to have-been issued under the corresponding re-enacted provisions, until ..... the act of 1923 repeals the earlier act of ..... to be that by the repeal of the act of 1899 by. .....
Tag this Judgment!Court : Kolkata
Reported in : 136Ind.Cas.903
..... by the howrah municipality suggests that section 202 ceased to have any operation from and after 1904 when section 342, calcutta muni cipal act, 1899, was extended to howrah we have looked into the municipal manual and beyond the suggestion made by somebody who was charged with the duty of compiling the manual that one section corresponded with the other there is nothing whatever in the said book to suggest that section 202 was repealed ..... one section does not cores pond to the other and there is no foundation for the suggestion that in 1904, section 202 was repealed and consequently there is no foundation for the suggestion that by reason of the non existence of section 342, calcutta municipal act, 899, so far as howrah, is concerned at the present moment section 202 must be considered to have been revived. ..... the matter attracted the notice of the district magistrate and he has made & reference to this court for the determination of the questions: (1) whether section 202, bengal municipal act, so far as howrah is concerned has been repealed : and (2) what is the present state of the law having regard to the fact that section 342, calcutta municipal act iii (b. 0. ..... the magistrate before whom the matter came, came to the conclusion that section 202, bengal municipal act, so far as howrah was concerned, had been repealed when in 1904 the local government by a notification in the calcutta gazette extended section 342 of the then calcutta municipal act iii (b. o. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal65
..... by section 202, bengal municipal act, additional summary powers having the same objective without recourse to a magistrate were conferred upon the municipality it does not follow that section 202, bengal municipal act was repealed, it is said that the howrah municipal manual issued by the howrah municipality suggests that section 202 ceased to have any operation from and after 1904 when section 342, calcutta municipal act, 1899, was extended to howrah. ..... one section does not correspond to the other and there] is no foundation for the suggestion that in 1904, section 202 was repealed and consequently there is no foundation for the suggestion that by reason of the non-existence of section 342, calcutta municipal act, 1899, so far as howrah is concerned at the present moment section 202 must be' considered to have been revived. ..... the matter attracted the notice of the district magistrate and he has made a reference to this court for the determination of the questions (1) whether section 202, bengal municipal act, so far as howrah is concerned has bean repealed; and (2) what is the present state of the law having regard to the fact that section 342, calcutta municipal act 3 (b.c. ..... the magistrate before whom the matter came, came to the conclusion that section 202, bengal municipal act, so far as howrah was concerned, had been repealed when in 1904 the local government by a notification in the calcutta gazetta extended section 342 of the then calcutta municipal act 3 (b. c. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal487
..... the age of 15 years may be tried by a district magistrate or a chief presidency magistrate or by any magistrate specially empowered by the local government to exercise the powers conferred by section 8, sub-section (1), reformatory schools act, 1897, or in any area in which the said act has been wholly or in part repealed by any other law providing for the custody, trial or punishment of youthful offenders by any magistrate empowered by or under such law to exercise all or any of the powers conferred thereby. ..... the offence in the present case was committed in the local limits of the jurisdiction of the sessions court of howrah, and that being so it must he tried by that court under the provisions of that section. ..... 9524-j, dated 18th november 1929, for the town of calcutta, the suburbs of calcutta and some other areas near about calcutta including the municipality of howrah.2. ..... , whether to the court of session at howrah or the high court sessions.4. ..... the answer to the second point referred to us will therefore be that the commitment, if it is to be made, should be made not to the high court sessions but to the sessions court at howrah.patterson, j.6. ..... , (an offence which is exclusively triable by a court of session) alleged to have been committed in howrah.3. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal315
..... it is argued on behalf of the appellant before us that by virtue of the provisions of section 25, bengal general clauses act (l of 1899), the government notification extending the operation of section 228, calcutta municipal act of 1899, to the howrah municipality continues to be still in force and the notification 'must be deemed to have been issued under the provisions so re-enacted in the act of 1923, in passing it may be stated that mukerji, j. ..... what section 25 means is that the notification under [the repealed act remains intact and attaches to the new act as having been made under that particular provision of the new act which is a ire-enactment of the old one under which the notification was issued. ..... the calcutta municipal act of 1899 has now been repealed and has been replaced by the calcutta municipal act of 1923 (act 3 (b. c. ..... the question for decision in these appeals is whether by the repeal of the calcutta municipal act of 1899 by the act of 1923 the. ..... 's reasons are as follows:section 25, bengal general clauses act, in my opinion means that if a notification was issued under a repealed enactment it would be deemed to have been issued under the corresponding re-enacted provisions, until or unless it is superseded. ..... but the whole of the act of 1899 having been repealed, section 228 of that act has also been repealed. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal506
..... in that suit the plaintiffs sued the howrah municipality for a perpetual injunction restraining them from interfering with the exclusive use of a certain pathway by the plaintiffs, and claiming that it ..... the words of section 95 of the act are, in my opinion, so plain that i can see no escape from the conclusion that the land in the present suit, coming as it admittedly does within the definition of a `public street,' has on the act coming into force, vested in and came to belong to the commissioners even if it be assumed that the repealed act had not already produced any such effect. ..... 33 cal 1290:where the owner sets apart land for the use of the public and formally declares that such is his intention or he conveys lands to a municipality or to trustees to hold for the use of the public, an implied dedication arises by operation of law from the acts of the owner and is really founded upon the principle of estoppel; it proceeds not upon the principle that a grant has actually been made, but rather on ..... discussion raised in this appeal is somewhat academic for section 30 of the act of 1894 is no longer of any practical importance whatever since there can be no question that under section 95, municipal act of 1932, all roads in a municipality over which the public have a right of way now vest in the commissioners; and, if section 30 of the amended act of 1894 had been construed against the municipality, the municipality could immediately bring a suit under the existing law and get a .....
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