Court : Guwahati
..... in their shops. in order to substantiate his submissions, the learned counsel appearing for the petitioners has drawn the attention of this court to different provisions of the manipur municipalities act, 1994. chapter-xi of the manipur municipalities act, 1994 deals with the markets and slaughter houses and also the requirements of taking license for certain purposes. he refers to sections 164, 165, 166, 167 and 168 of ..... annexures-a/1 (colly), it is clear that the petitioners have taken their shops on lease from the private land owners and not from the imphal municipal council. from the conjoined reading of chapter-xi of the manipur municipalities act, 1994 which consists of sections 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178 and 179 and .....
Tag this Judgment!Court : Guwahati
..... these witnesses from the defence side. learned additional district judge further held that in the facts and circumstances, the suit is not hit by section 196 of the manipur municipalities act, 1976 for want of notice. learned additional district judge set aside the impugned judgment and decree passed by the learned munsiff and decreed plaintiffs suit by his ..... the facts and circumstances of the instant case, it cannot be held that the suit was not maintainable for want of notice to the imphal municipality under section 196 of the manipur municipalities act, 1976, and hence this substantial question of law formulated by this court has to be answered in the negative. although in the plaint it was ..... recording the name of late chaoba singh only in respect of the shop, the suit is barred for want of notice under section 196 of the manipur municipalities act, 1976. on the pleadings of the parties, the following issues were framed: - 1. whether the plaintiff and the defendant nos. 1 to 8 are the .....
Tag this Judgment!Court : Guwahati
..... these witnesses from the defence side. learned additional district judge further held that in the facts and circumstances, the suit is not hit by section 196 of the manipur municipalities act, 1976 for want of notice. learned additional district judge set aside the impugned judgment and decree passed by the learned munsiff and decreed plaintiffs suit by his ..... in the facts and circumstances of the instant case, it cannot be held that the suit was not maintainable for want of notice to the imphal municipality under section 196 of the manipur municipalities act, 1976, and hence this substantial question of law formulated by this court has to be answered in the negative. although in the plaint it was ..... recording the name of late chaoba singh only in respect of the shop, the suit is barred for want of notice under section 196 of the manipur municipalities act, 1976. on the pleadings of the parties, the following issues were framed: -1. whether the plaintiff and the defendant nos. 1 to 8 are the .....
Tag this Judgment!Court : Guwahati
..... deputy commissioner, imphal west has been intimated that the government has decided to postpone the meeting to elect a new chairperson and vice-chairperson under section 221 of the manipur municipalities act, 1994 (for short 'the act'). aggrieved, the petitioner have moved this court in the present writ petition for appropriate relief.3. mr. kotiswar singh, learned counsel for the petitioners, submitted that under the ..... , postponing the meeting for election of new chairperson and vice-chairperson of imphal municipal council under section 221 of the manipur municipalities act, 1994 is quashed, consequently, the impugned notification dated 19.5.1999 issued by the executive officer, imphal municipal council pursuant to the impugned letter dated 18.5.1999 of the govt. of manipur secretariat mahud department is also quashed. the councillors of the imphal .....
Tag this Judgment!Court : Guwahati
..... the council. the executive officer read out the said letter, all the correspondence letters of the council, and the provisions of section 15, section 20 and section 221 of the manipur municipalities act, 1994 were minutely considered. after minute considerations, all the councillors unanimously did not accept the appointment of a. bira singh as govt. councillor as he does not possess the qualification mentioned ..... the respondents. i have also considered the records of the case. 3. the petitioner was appointed by the state government as a memberof the aforesaid municipal council under section 15(3) of the manipur municipalities act, 1994, hereinafter called the act, vide order dated 17th january, 1995 (annexure-a/1) read with the corrigendum dated 6.2.1996 (annexure-a/2). by a letter dated 17 .....
Tag this Judgment!Court : Guwahati
..... adulterated sesame oil. sanction was obtained from the municipality and the accused was prosecuted .under section 16(1)(a) of the prevention of food adulteration act, hereinafter referred to as 'the act'. the accused pleaded not guilty to the charge taking plea that it was false. the chief judicial magistrate, manipur central district, by his judgment dated 20- ..... not discharged by the prosecution; that at any rate the punishment is too harsh.5. mr. n. nabakumar singh, the learned counsel appearing for the imphal municipality, answers that the prosecution of the accused is as an individual vendor and merely described as a partner of m/s. shri guru bhandar which is legal; ..... not.' he admitted in cross-examination that in the shop 'manahee', 'uchithi', 'chalmugra' medicinal oils were also sold. the learned counsel appearing for the imphal municipality, states at the bar that silam oil is not same as sesame oil and according to him it was only a mistake committed by the food inspector. that .....
Tag this Judgment!Court : Guwahati
..... sought to assail the validity on the ground that the licence is in violation of section 8 (3) (c) of the rice milling act, so also of section 228 of the municipal act. this is absolutely a collateral attack to the validity of the licence inasmuch as nobody has approached this court with this grievance. it is ..... on behalf of the respondents. the reasons have been disclosed in paragraph 20, the relevant portion of which reads:-- 'some applicants made representation to the government of manipur for reducing supply of electric energy to 10 h. p. complaining against the operation of the petitioner's mill and milling business by using energy in excess ..... consumers of the electrical energy. we are referred to clause 2 (a) of the aforesaid terms and conditions of supply finding place in appendix-a to the manipur electricity supply regulations which has defined the word 'consumer' to include his heirs, assigns and legal representatives. he nextly contends that as the renewal application is pending .....
Tag this Judgment!Court : Guwahati
..... council elections have the potential to create tension and undesirable situations in the state; (iii) the committee of secretaries appointed to look into the shortcomings of municipal act, 2001 and to suggest remedial measures, is yet to submit its report to the government. 31. the apex court in kishansing tomar (air 2007 sc ..... cell." 3. the case projected by the petitioners in the writ petition is that though the constitution and the nagaland municipal act, 2001, for short, the act, require elections to be held to the municipal councils and town councils with one-third reservation for women, the respondent authorities have not held elections. it is further ..... as the committee of secretaries appointed to look into the short-comings of the present municipal act, and to suggest remedial measures, is yet to submit its report to the government, the cabinet decided to postpone indefinitely the municipal and town council elections due in january, 2010. the cabinet further decided that in view .....
Tag this Judgment!Court : Guwahati
..... municipality in assam in consonance with the 74th amendment of the constitution. while the definitions of the commissioner and ..... , the state legislatures have to make law providing for the aforesaid representation in a municipality and unless the same is done, the representation, as provided in article 243r(2), of persons named in clause (2)(a) would not constitute a municipality. 18. the assam municipal (amendment) act, 1994 (assam act no.xix of 1994) was enacted to make the existing law relating to the constitution of the .....
Tag this Judgment!Court : Guwahati
..... may be present in the case of an elected member. in case of an elected member, the legislature has provided the grounds in section 40 of the u.p. municipalities act, 1916 under which the members can be removed. but so far as the nominated members are concerned, the legislature in its wisdom has provided that they shall hold office ..... to be answered in this writ petition. 5. the learned counsel for the writ petitioners have relied upon the decisions in dr. rash lal yadav v. state of dinar. (1994) 5 scc 267 : (1994 air scw 3329), sri jogenchandra borah v. state of assam, 1995 (3) glt 265 and anil das v. state of assam, 1998 (1) glt 209. the ..... by the learned counsel for the writ petitioners that members nominated to the village council in accordance with the provisions of sub-section (3) of section 3 of the act are to hold office during the pleasure of the government. the tenure of office of the nominated members is coextensive with the tenure of the village council. therefore, according .....
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