Court : Punjab and Haryana
Reported in : AIR1976P& H1
..... act to defray expenses of the office establishment of the board, and other expenss of he board incured by it in the interest of the market committees: (b) for payment to the state government the cost of any special or additional staff employed by it in consultation with the committee for giving effect to t eh provisions of the act in the notified market area in question; and (c) for all or any of the seventeen purpose mentioned in section 28 of the' act including acquisition of sites for markets and maintenance and improvement thereof ..... the learned judge gave effect to mis contention and held that the ordinance, which was later on replaced by an act, was unconstitutional and kence invalid and that the new board, constituted after the promulgation of the ordinance, had never come into existence in the eye of law and the board, which had been abolished, was held to have continued to be in existence with the first petitioner karnail singh doad as its chairman. ..... achiah chetty's case air 1962 mys 218 (supra) before the mysore high court, challenged the constitutional validity of the city of bangalore improvement (amendment) act (13 of 1960) which introduced sec-lion 27-a in the parent act -- city of bangalore improvement act (5 of 1945) --validating retrospectively acquisition of land under mysore land acquisition act for purposes of city improvement in contravention of sections 14, 15, 16, 17, 18 or 27 of the parent act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1978]41STC237(P& H)
..... wisdom does not choose to bestow full legislative powers on a unit of local self-government and makes its actions amenable to the overall supervision of the state government, but where sufficient guidelines are given in an act itself about the extent of powers to be exercised by a unit of the local self-government and the control vested in the executive authority of the government is hedged in by proper safeguards, the law ..... :local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government ..... 1854-ba and c-5-76/4334 dated the 5th march, 1976, issued under section 66 of the said act, imposed a tax on the sale of country liquor, within the area subject to its authority, at the rates given below and is further pleased to direct that the said tax shall come into force with effect from 4th july, 1976 :- quart one rupee per bottle.pint fifty paise ..... the 3rd june, 1976.in pursuance of the provisions of sub-section (5) of section 67 of the punjab panchayat samitis and zila parishads act, 1961, the governor of punjab is pleased to notify that panchayat samiti, tanda, district hoshiarpur, has, in exercise of the powers conferred by section 65 of the said act, read with punjab ..... petitioner-firm on 20th march, 1976, by the deputy excise and taxation commissioner, jullundur, exercising powers of the collector under the punjab excise act.3. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1977P& H347
..... market or on construction and repair of approach roads, culverts, bridges and other such purposes; (xi) production and betterment of agricultural produce; (xiii) imparting education in marketing or agriculcure; (xvii) with the previous sanction of the board, any other purpose which is calculated to promote the general interests of the committee or the notified market area or with the previous sanction of the state government, any purpose calculated to promote the national or public interest.' 11 ..... it would not be inappropriate to observe that the effort of the learned counsel for the petitioners, during the course of arguments, was that in case certain provisions of sections 26 and 28 of the act could be struck down as unconstitutional, then safely, it could be argued that the enhancement in the fee wag in order to incur an expenditure on the items which fell within the purview of those clauses and ..... fund shall be utilised out of the following purposes :-- * * * (v) general improvements in the markets or their respective notified market areas; , (x) propaganda, demonstration and publicity in favour of agricultural improvements; (xi) production and betterment of agricultural produce; (xiv) construction of godowns; (xvii) with the previous sanction of the state government, any other purpose which is calculated to promote the general interests of the board and the committees or the national or public interest:' 28. ..... state of haryana, air 1976 pun.j & har 1, ..... air 1976 punj ..... march, 1976. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1977P& H297; [1977]40STC370(P& H)
..... state of punjab, air 1962 sc 745, the supreme court held that there was no illegality in the east punjab general sales tax act and the punjab tobacco vend fees act, both of which provide for the levy of tax on the sale of manufactured tobacco, being simultaneously in force or in the simultaneous levy of both the ..... the rules made by the government in exercise of its powers under section 70 of the act were duly notified by the punjab government in the official gazette on 1-12-1976 and they prescribe the executive officer of the panchayat samiti as the assessing authority. ..... municipal corporation of poona, air 1959 sc 586, the supreme court upheld the validity of section 59 of the bombay district municipal act, 1901 which, after enumerating various specific heads of taxes which could be levied by a municipality, authorised the municipality to further levy 'any other tax to the nature and object of which the approval of the governor in ..... improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village ..... the government may, by notification, determine the person by whom the cess or any tax imposed-under this act shall be assessed and collected and make rules for the assessment and collection of the cess or tax and direct in what manner persons employed in the assessment or collection thereof shall be ..... district board, local board or other local ..... cantonment board, air 1959 sc 582 ..... cantonment board v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1977P& H214
..... the deceased was admittedly employed 33 a line superintendent in the haryana state electricity board and at the time of his death was drawing a monthly salary of rs. ..... for the possibility of the wife dying earlier if the husband had lived the full span of life; and it should also be taken into account that there is the possibility of the widow remarrying much to the improvement of her financial position. ..... the scope of compensation as contemplated under section 110-b of the act, is wider than under the fatal accidents act, and the courts while awarding compensation to the dependants of the deceased are to be guided by only one principle that the compensation assessed must be 'just' ..... the principles governing the estimation of the damages in the cases arising under the english fatal accidents acts, the provisions of which are analogous to the provisions in the fatal accidents act, in india, were laid down by lord wright in davies v. ..... , it has been contended that under section 95 (2) (a) of the act, the maximum liability of the appellant insurance company was rs. ..... naresh kanta, wife of om parkash sharma (deceased) and ms five minor children, (four daughters and one son) filed an application under section 110-a of the motor vehicles act, 1939 (hereinafter called the act), before the tribunal claiming compensation amounting to rs. ..... a method of calculation of damages and awarding compensation cannot be held to be 'just' and such an, award under section 110-b of the act, cannot be sustained. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H166
..... there is a reference to a number of gurdwaras of historical importance and their management has been vested directly in the board and to carry out this duty; the board is to act as the committee of management for all these gurdwaras. ..... with the institution and regarding which the suit for possession or other litigation has yet to he fought cannot be taken into consideration for the purposes of section 87(1)(a) and (b) of the act for the simple reason that in that case the income which has not actually accrued will only he an estimated income which can be expected to have accrued or may accrue in future. ..... it can also not be denied that before a committee of management is constituted, the properties of the institution will not be under the control and management of the board and as such, maintenance of accounts and the income of the properties will be exclusively under the control of any person in charge of the institution or the property, but this fact alone cannot be ..... reference in this connection may he made to the book captioned 'struggle for reform in sikh shrines'' published by the sikh itihas research board which gives the authentic account of the glimpses of the historical background relating to administration of the sikh gurdwaras, written by professor ruchi ram sahni, a well-known historian of late ..... the dominant purpose to improve the administration of gurdwaras and to prevent mal-practices in their management, two bodies were set up; the board and the committees of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H101
..... to do so because it is not such a large area so as to be able to sustain the expense of a municipality, but at the same time the state government considers that some of the improved arrangement as details in section 52 of the act deserve to be made in that area, then the state government has been given the power to constitute that area into a notified area subject to the restriction imposed in sub-section (3) of s. ..... incidental t the following matter within the municipality, and with the sanction of the state government outside the municipality, namely:-- (a) the construction, maintenance, improvement, cleansing and repair of all public streets, bridges, town-wells, town gates, embankments, drains, privies, latrines, urinals, tanks and water-courses and the preparation of compost ..... storage and preservation from pollution of water for the use of men or animals; (h) the plaiting and preservation of trees; and the establishment and maintenance of public parks and gardens; (i) all acts and things which are likely to promote the safety, health, welfare of convenience of the inhabitants, or expenditure where on may be declared by the committee, with the sanction of the state ..... * * * * * * it may equally he kept in mind that the judgment of the division bench in amarheri co-operative agricultural service society's case 1976 pun lj 302: (air 1976 punj & har 345) was pronounced two years prior to the present enactment and it is a well-known canon of construction that as a matter of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H313
..... specialised farms engaged in cattle breeding,, dairying or wool raising; (iii) sugarcane farms operated by sugar factories; (iv) efficiently managed farms which consist of compact blocks on which heavy investment or permanent structural improvements have been made and whose break-up is likely to lead to a fall in production; (v) lands belongings to registered co-operative societies formed for the purpose of co-operative farming provided the land owned ..... (1) is inherited by an heir of the landowner and such area of land with the lands, if any, already owned by him, does not exceed in the aggregate the permissible limit, the board shall advise the state government that such advise the state government that such area of land should be excluded from the farm exempted under clause (iv) of sub-section (1); and where such advice ..... farm under sub-section (5) and shall as far as may be, be guided by the same provision of this act and the rules made thereunder as are applicable to the grant of exemption under this section and marks shall be awarded by the board for all the harvest during the period between the grant of exemption and the review or the period between two ..... and in such form and manner such periodical information relating to the produce of different crops the programme regarding different agricultural operation such as use of improved seeds and fertilizers, adoption of plant protection measures like spraying and maintenance of standards of yield of crops as may be prescribed. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H245
..... be more felicitously formulated in general terms as under:--'whether a tenant of the demised premises which are an integral part of a larger building, can be ejected under the provisions of section 13(3)(a)(iii) of the east punjab urban rent restriction act, 1949, on the ground of the building having become unsafe and unfit for human habitation despite the fact that the particular portion in the occupation of the tenant may not be so.'3. ..... controller for an order directing the tenant to put the landlord in possession-- (iii) in the case of any building or rented land, if he requires it to carry out any building work at the instance of the government or local authority or any improvement trust under some improvement or development scheme or if it has become unsafe or unfit for human habitation. ..... section 13(3)(a)(iii) of the act inter alia provides that in the case of any building or rented land if the landlord requires it to carry out any building work at the instance of the government or the local authority or any improvement scheme, or if it has become unsafe or unfit for human habitation, the landlord is entitled to eject the tenant therefrom. ..... in this act, unless there is anything repugnant in the subject or context,-- 'building' means any building or part of a building let for any purpose whether being actually used for that purpose or not, including any land, godowns, outhouse, or furniture let therewith, but does not include a room in a hotel, hostel or boarding house'. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H400
..... three members and when the municipal committee failed to elect the members within the time prescribed by the last opportunity dated 12th january, 1983, the state government took action under section 4(4) of the act in nominating three members as trustees from amongst the member of the municipal committee.7. after hearing the learned counsel for the parties, we are of the opinion that first a trust has to be created under section 3 of ..... the duly of carrying out the provisions of this act in any local area shall, subject to the conditions and limitations hereinafter contained, be vested in a board to be called 'the (name of town) improvement trust' hereinafter referred to as 'the trust' and every such board shall be a body corporate and have perpetual succession and common seal, and shall by the said name sue and be sued. 3-a. ..... shall stand transferred to, vested in and realisable by the new trust; (b) all liabilities enforceable against the state government under section 103 or incurred by it under this act shall be enforceable against the new trust; and (c) the new trust shall deal with any scheme sanctioned under this act, which has not been fully executed by the officer appointed by the state government under section 103, in accordance with the provisions of this ..... section 3-a of the act was inserted by the punjab town improvement (amendment) act, 1982(punjab act no. ..... in exercise of the powers vested under section 3-a, punjab town improvement act, 1922(for short the act). .....
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