Court : Allahabad
Reported in : 16Ind.Cas.191
..... entitled to give evidence of the additional cases which were mentioned for the first time after the expiration of 15 days of the election. rules have been framed under the municipalities act, section 187, with regard to election petitions. rule 42 is as follows:the validity of an election made in accordance with these rules shall not be questioned except by a ..... petition presented to a competent court within 15 days after the day on which the election was held by a person or persons enrolled in the municipal electoral roll:provided that no election shall be called in question on the ground that(a) the name of any person qualified to vote has been omitted from, or the ..... 1. this appeal arises out of an election petition. nawab khan was one of the electors at an election of the municipal board of allahabad which was held on the 8th of march 1911. at that election, the respondent, muhammad zamin, was declared duly elected. within 15 days, the present petition, questioning .....
Tag this Judgment!Court : Allahabad
Reported in : (1912)ILR34All649
..... by a petition presented to a competent court within 15 days after the day on which the election was held by a person or persons enrolled in the municipal electoral roll: provided that no election shall be called in question on the ground that (a) the name of any person qualified to vote has been omitted from ..... henry richards, c.j. and tudball, j.1. this appeal arises out of an election petition. nawab khan was one of the electors at an election of the municipal board of allahabad, which was held on the 8th of march, 1911. at that election the respondent, muhammad zamin, was declared duly elected. within fifteen days the present ..... to give evidence of the additional cases which were mentioned for the first time after the expiration of 15 days of the election. rules have been framed under the muncipalities act, section 187, with regard to election petitions. rule 42 is as follows:the validity of an election made in accordance with these rules shall not be questioned except .....
Tag this Judgment!Court : Allahabad
Reported in : (1913)ILR35All578
..... ; and, secondly, that even if these rules are valid, the order of the munsif was a 'decree' from which an appeal lay to the district judge. section 187 of the municipalities act, i of 1900, provides that the local government may frame forms for any proceeding of a 'board for which it considers that a form should be provided and may after ..... previous publication make rules consistent with the act and applicable to all municipalities.' clause (h) provides for the making of rules 'generally for regulating all elections under the act.' the contention of nand ram is that the powers of the government are confined to making rules regulating matters up .....
Tag this Judgment!Court : Allahabad
Reported in : (1914)ILR36All227
..... was of opinion that, if he had entered into this defence, he would be permitting the accused before him to contravene the provisions of section 152 of the municipalities act. that section, however, applies to a notice issued by the board, and the point taken in the present ease is that the accused had received no notice issued ..... by a single member of the board. the notice was one covered by the provisions of clause 5 of section 87 of the municipalities act, that is to say, it was a notice such as the municipal board was empowered to issue under the abovementioned provision of the law. the only question, therefore, was whether the board had issued ..... piggott, j.1. hazari lal a resident of allahabad, has been convicted of disobeying a written notice lawfully issued by the municipal board of allahabad, under the powers conferred upon it by the united provinces municipalities act of 1900. he comes to this court in revision, and the one substantial point raised by him is that the prosecution has .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1914All206; 25Ind.Cas.326
..... was 'of opinion that, if he had entered into this defence, he would be permitting the accused before him to contravene the provisions of section 152 of the municipalities act. that section, however, applies to a notice issued by the board, and the point taken in the present case is that the accused had received no notice issued ..... by a single member of the board. the notice was one covered by the provisions of clause 5 of section 87 of the municipalities act, that is to say, it was a notice such as the municipal board was empowered to issue under the above-mentioned provision of the law. the only question, therefore, was whether the board had ..... piggott, j.1. hazari lal, a resident of allahabad, has been convicted of disobeying a written notice lawully issued by the municipal board of allahabad, under the powers conferred upon it by the united provinces municipalities act of 1900. he comes to this court in revision, and the one substantial point raised by him is that the prosecution has .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All166; 35Ind.Cas.526
..... chabutra connected therewith in what must be taken to be for the purposes of this case clearly established as a public way and street within the meaning of the municipalities act. he has erected it outside the house of one ghasi ram and, it is suggested, has erected it as a sort of counterblast to the door which that ..... under this section are wholly misconceived.3. there are various ways in which the mischief complained of in this case may be dealt with. the municipality under section 123 of the municipalities act can make rules for the control and management of the streets vested in it under section 55, and anybody who erected a pump or refused to ..... encroachment upon the public highway; but the applicant has been charged, convicted, and fined under section 87(5) of the municipalities act, i of 1900, read with section 147 of that act, that is to say, the municipality issued a notice against him requiring him to remove the pump, being a building erected by him without their sanction and in .....
Tag this Judgment!Court : Allahabad
Reported in : (1918)ILR40All569
..... , had i thought that everything which an accused person in a proceeding taken in respect of a continuing breach under section 307, clause (b), of the local municipalities act, was entitled to have inquired into and considered had been as a matter of fact so inquired into and taken into consideration by the magistrate, i think that ..... to execute a certain work in respect of certain property, namely, a drain, about which there was some contention between him and the municipal board. under section 307, clause (b), of the united provinces municipalities act, which came into force on the 1st of july, 1916, munshi amir hasan khan was liable to a fine which might extend ..... in revision two orders passed by a magistrate of the first class subordinate to him in connection with certain prolonged proceedings which have been going on between, the municipal board of fatehpur and a gentleman of the name of munshi amir hasan khan, who, i understand, is a member of the legal profession for something more .....
Tag this Judgment!Court : Allahabad
Reported in : 46Ind.Cas.150
..... 1917, had i thought that every thing which an accused person in a proceeding taken in respect of a continuing breach under section 307, clause (b) of the local municipalities act, was entitled to have enquired into and considered, had been as a matter of fact so enquired into and taken into consideration by the magistrate, i think that this ..... to execute a certain work in respect of certain property, namely, a drain about which there was some contention between him and the municipal board. under section 307, clause (b) of the u.p. municipalities act, which came into force on the 1st of july 1916, munshi amir hasan khan was liable to a fine which might extend to rs ..... by payment of the fine imposed upon him for neglect or refusal to comply with the said order. the liability will require to be enforced, as often as the municipal board may consider necessary, by institution of a second prosecution, in which the questions for consideration will be, how many days have elapsed from the date of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All367; (1919)ILR61All646
..... the tribunal appointed for the trial of the petition, such reference being in his opinion a question of law, under section 23, sub-section (2), clause (e), of the municipalities act.2. the point may be shortly stated in this way:is it competent for an unsuccessful candidate petitioning against the election of more than one successful candidate, to join a ..... of those candidates decided to be unseated. a further claim is made that in view of the practices alleged, the court should take proceedings under other sections of the municipalities act against the respondents.3. the provisions with regard to election petitions and the procedure thereunder are contained in sections 19 to 26 of the ..... municipalities act and, with one possible exception, which has given rise to the main argument on behalf of the respondents in this case, seem to us to be clear and free .....
Tag this Judgment!Court : Allahabad
Reported in : 52Ind.Cas.67
..... , the tribunal appointed for the trial of the petition, such reference being in his opinion a question of law under section 23, sub section 2, clause (e) of the municipalities act.2. the point may be shortly stated in this way: is it competent for an unsuccessful candidate, petitioning against the election of more than one successful candidate to join a ..... of those candidates decided to be unseated. a farther claim is made that in view of the practices alleged, the court should take proceedings under other sections of the municipalities act against the respondents.3. the provisions with regard to election petitions arid the procedure thereunder are contained in sections 19 to 26 of the ..... municipalities act and, with one possible exception which has given rise, to the main argument on behalf of the respondents in this case, seem to us to be clear and free .....
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