Court : Delhi
Reported in : ILR1970Delhi260
..... he also claims that he is interested in preventing the contravention of the delhi municipal corporation act, 1957, by the central government whereby the land belonging to the government would be given over to the walkf board for the sole use of some persons to the exclusion of the public in general. ..... 3/6,66-delhi dated 19-10-1966, hereby direct the commissioner delhi municipal corporation to forthwith sanction the reconstruction by or on behalf of delhi wakf board of portion demolished to the extent as may restore the shape and position of building as it existed on 26th day of may 1969'. ..... by the said writ petition, the petitioner challenged the order dated 27th june 1969 which the lieutenant governor of delhi purported to make under section 487 of the delhi municipal corporation act, 1957, on the ground that on the face of it the order was ultra virus section 487 and also invalid for other reasons. ..... there is no other explanationn on the record for the impugned order passed under section 487 of the delhi municipal coropration act by the lieutinent governor on 27-6-1969 which is as follows :- whereas information has been received that certain portions of a building being referred 'to as sikandaria mosque were demolished after 26th day of may 1969 by delhi municipal corporation; and ..... the delhi improvement trust, thereforee, requested the delhi state government on 7-11-1956 to obtain the approval of the central government to the transfer of the land to the delhi municipal committee. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All571
..... have required the previous sanction of the president for the introduction thereof into the legislature; or (b) he would, have deemed it necessary to reserve a bill containing the same provisions for the consideration of the president; or (c) an act of the legislature of the state containing the same provisions would under this constitution have been invalid unless, having been reserved for the consideration of the president, it had received the assent of the president. ..... 5 of list ii reads:'local government, that is to say, the constitution and powers of municipal corporation, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.'31. ..... parliament has specified certain local authorities in this state in the fourth schedule to the representation of the people act, 1950, they are: municipalities, zila parishads, cantonment boards, town area committees, notified area committees and kshettra samitis. ..... assent of the president of india was obtained to the kshettra samitis and zila parishads act, 1961, but the governor has promulgated the ordinance without obtaining the instructions of the president ..... the municipalities act of this state still empowers the government to constitute a board of elected and ..... cease to hold office, the members of the kshettra samitis constituted under the kshettra samitis and zila parishads act continue to hold their office without any rhyme or reason. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi792
..... section 2(52) defines 'rural areas' as meaning 'the areas of delhi which immediately before the establishment of the corporation are situate within the local limits of the district board of delhi established under the punjab district boards act, 1883, but shall not include such portion thereof as may, by virtue of a notification under section 507, cease to be included in the rural areas as herein defined'. ..... thereforee, shri partap kishan argued that the definition of 'rural areas' in section 2(52) of the delhi municipal corporation act read with the proviso to section 10 of the punjab district boards act shows that krishan nagar (humayunpur village) was not under the authority of the district board of delhi established under the punjab district boards act, and, consequently, is not a 'rural area' within the meaning of the delhi municipal corporation act. ..... to the areas included within the limits of the new delhi municipal committee and the delhi cantonment board and to such urban areas within the limits of the municipal corporation of delhi as are specified in the first schedule : provided that the central govermnent may, by notification in the official 768/769 gazette, extend this act or any provision thereof, to any other urban area included within the limits of the municipal corporation of delhi ..... (7) prior to 30th december 1957, there used to be two bodies, the delhi development (provisional) authority for a certain area and delhi improvement trust for another area. .....
Tag this Judgment!Court : Kolkata
Reported in : [1972]42CompCas610(Cal)
..... if in any financial year, a company has no profits or its profits are inadequate, the company may, subject to the approval of the central government, unless such approval has been obtained under any other provision of this act, pay to its directors (including any managing or whole-time director), its managing agent, secretaries and treasurers, or manager or if there are two or more of them holding office in the company, to all of them ..... relevant documents were enclosed including a statement of the past history of the trading of the company, the improvements effected by the present directors and the fact of the absence of any managing agents, manager or whole-time ..... )iillj360sc , where it has been observed that :'it has often been pointed out by eminent judges that when it appears to an appellate court that no person properly instructed in law and acting judicially could have reached the particular decision the court may proceed on the assumption that misconception of law has been responsible for the wrong decision. ..... ..... impugned order is vitiated by reason of the failure of the board to appreciate that one of the applications was in form 25c in appendix i to the act which is a form prescribed for an application under section 198 ..... this rule was issued on the 18th july, 1969, calling on the respondents, the company law board, the union of india and the registrar, joint stock companies, west bengal, to show cause why appropriate writs and/or directions should not issue for quashing .....
Tag this Judgment!Court : Kerala
Reported in : [1971]82ITR845(Ker)
..... the commissioner of agricultural income-tax, board of revenue (taxes), trivandrum, has stated a case and referred the following question for our decision :'whether, on the facts and in the circumstances of the case, the commissioner has jurisdiction to pass an order in this case under section 34 of the agricultural income-tax act, 1950 ? ..... period 1940-41, there was also as increase in capital at burmah by about one and a quarter lakhs of rupees, not to speak of the general improvement in the level of profits due to war conditions. ..... original assessment and which was also not taken into consideration in making that assessment has to be held to be income which has escaped assessment, within the meaning of section 35 of the travancore-cochin agricultural income-tax act, so far as that assessee is concerned, and no reassessment can be made on the assessee except under section 35 and in accordance with the provisions thereof;(ii) in exercise of his revisional powers under section 34 of the travancore-cochin ..... agricultural income-tax act, the commissioner cannot in such a case reopen the assessment and make a reassessment including the escaped income and can only give a direction to the agricultural income-tax officer to take steps under section 35; and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom203; 1970MhLJ975
..... was also left to the state government to extend the operation of the act to such area as it considered to be necessary, it was also left to the state government to provide by general or special order for regulating the letting or sub-letting of accommodation or class of accommodation, whether residential or non-residential, whether furnished or unfurnished and whether with or without board and in particular, for controlling the rents for such accommodation either generally or ..... clause 13(3)(vi) of the rent control order which affects the cases before me, it is not necessary to consider the several other challenges made on behalf of the landlords to the constitutionality of the act or its provisions or to the rent control order and its other clauses or the validity of the proviso in clause 13(3)(vi) on other grounds. ..... the lease of any tenant just by giving a notice in terms of section 106 of the transfer of property act and if the notice was technically valid there was practically no defence to the tenant in an action for ejectment ..... and berar letting of houses and rent control order, 1949 made under the authority of the said act are pieces of beneficent legislation meant for the protection of the tenants and were made at the time when owing to the conditions prevailing after ..... enact the law for a period of one year only did not improve and the legislature could not guess as to how long those conditions would continue and therefore, amended sub-section (3) of section 1 by act no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1358; (1970)2SCC817; [1971]1SCR931
..... the high court was of the view that the company had provided all amenities and facilities which a municipality may provide, and since it did not appear that any 'improved arrangements' could be provided by the town committee the notification issued by the government was 'colourable legislation' and was liable to be struck down insofar as it related to the ..... imposed or assessed, budgets passed, assessments made, plans approved, permissions or sanctions granted, under the assam municipal act, 1923, shall so far as they are in force at the commencement of this act, be deemed to have been respectively constituted, defined, issued, imposed, assessed, passed, made, approved or granted under this act, and shall remain in force for the period, if any, for which they were so constituted, defined, ..... withtin the nazira town committee and the final notification dated september 30, 1964, were unauthorised, because the provisions of sections 4 and 5 of the assam municipal act 15 of 1957 were not extended to the nazira town committee by notification issued under sub-section (3) of section 336 of the assam municipal ..... government was authorised by notification, to signify its intention to declare that with respect to some or all of the matters upon which a municipal fund may be expended, improved arrangements are required within a specified area. ..... board under this act and the area to be a municipality.notifications were issued from time to time applying certain provisions of the assam municipal act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC465; (1970)3SCC730
..... section 69 of the calcutta improvement act, 1911, provides: the board (improvement trust board) may, with the previous sanction of the state government acquire land under the provisions of the land acquisition act, 1894, for carrying out any of the purposes of this act' section 70 provides: a tribunal shall be constituted, as provided in section 72, for the purpose of performing the functions of the court in reference to the acquisition of land for the board under the land acquisition act, 1894' section 71 provides: for the ..... 42 was not an index of the market value of the lands, since the award was made by consent of the claimant and the improvement trust board and not on any decision given by the collector; (2) that the tribunal adopted an 'artificial method' of determining the value of the land having a frontage on the narkeldanga main road by first adding 80% to the value prevailing in 1941 ..... on the view taken by us, without expressing any opinion on the question whether within the meaning of rule 9 of the schedule to the calcutta improvement act, 1911, disposition of the land at the date of the publication of the declaration relating thereto under section 6 of the land acquisition act justifies the court in taking into account the potentialities of the land, we are of the view that the conclusion of the tribunal was not vitiated by any such error as would attract .....
Tag this Judgment!Court : Mumbai
Reported in : (1971)73BOMLR496
..... section 8 provides that it shall be the duty of the rubber board to promote by such measures, as it thinks fit, the development of the rubber industry, more particularly by undertaking, assisting or encouraging scientific, technological and economic research, training students in improved methods of rubber cultivation, supplying technical advice to rubber growers, improving marketing of rubber, collection of statistics, in improvement of the conditions of labour, advising government on matters relating to the development of rubber industry including import and export of rubber and participation in international ..... sections 8(2), 9- a(2)(d) and 9-b(2), which provide for research, training of students, technical advice to growers, collection of statistics, improving of marketing and conditions of labour, cash grants for development of rubber estates and to small growers all indicate that the pith and substance and the dominant purpose of the rubber act is the development of rubber industry as a step towards the improvement of national economy of the country rather than rendition of any service to a person or class of persons. ..... with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be levied as a cess for tile purposes of this act, a duty of excise on all rubber produced in india at such rate, not exceeding fifty naye paise per kilogram of rubber so produced, as the central government may fix. .....
Tag this Judgment!Court : Chennai
Reported in : (1972)1MLJ265
..... meeting these expenses the remaining amount shall be augmented and improved and in this way the administration of the properties ..... 3,000 and made it a storeyed house and also made further improvements by putting up several rooms both in the ground floor and the first floor, thereby augmenting the income by letting the house ..... while fixing the rent, will take note of the improvements made by the institution and that it is a ..... to me that nomination of a trustee by the heirs of the founder who on the failure of the line of trustees indicated by the deed of endowment would themselves be entitled to act as trustees is ipso facto the same thing as alienation of the office of a trustee by the hereditary trustee ..... . it was submitted by this defendant that kalyanasundarammal handed over the property to this defendant acting in the best interests of the trust and that since this choultry is being used both for accommodating the pilgrims as per the wish of the original founder and also a portion ..... the agreement and daily worship and other connected religious functions and ceremonies were being duly performed after submitting accounts to the hindu religious and charitable endowments board by paying all dues and taxes.79 ..... business transactions by the trust board shall be recorded in ..... murugesa was co-opted as one of the executors by the board of the executors mentioned in exhibit a-1 ..... enhanced assessment by the panchayat board should be borne by ..... used to submit accounts to the auditor and to the endowments board .....
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