Court : Andhra Pradesh
Reported in : AIR1955AP17
..... suspended and the petitiioner permitted to continue as a municipal councillor. he sought to re-open the order passed by me on 5-8-1954, susspending the operatioin of the order ..... in o. p. no. 126 of 1952 pending disposal or writ petition no. 1059 of 1953. the election commissioner held that under s. 49(2)(g), madras district municipalities act, the petitioner herein was disqualified from standing as a candidate and that his election for ward no. 23 as ..... that he should be allowed to function as a municipal councillor, pending the disposal of the writ. mr. p. somasundaram, learned counsel for the respondent, argued that as the election of the petitioiner was set aside on the ground that he was disqualified under s. 49(2) (g), madras district municipalities act, the order of the election commissioner should not be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP253; 1960CriLJ561
..... v of 1920, every municipal officer or servant shall be deemed to be a public servant within the meaning of section 21 of the indian penal code. it follows ..... alone is available to this court for reference), every school is required to keep a register of admissions and withdrawals in the form prescribed in appendix 6. the register is therefore an official register.under section 358 of the district municipalities act ..... government schools were held to be not admissible under section 35 of the evidence act.but these decisions are of no assistance to the appellant, as the entries here were made by employers not of a private school hut of a municipal high school. under rule 52 the madras educational rules (21st edition 1958 which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP337
..... to extract the relevant terms thereof in extenso:'whereas one member is to be elected by the local bodies' constituency (consisting of the members of the committees of municipalities, the members of the district boards and sarpanchas of gram panchayats in each district in the university area) under section 17, class iii, sub-section 2 of ..... the question there was whether the returning officer could reject a nomination paper for non-compliance with the proviso to section 39(4) of the representation of the people act (xliii of 1951) by which the returning officer may, at the time of the presentation of the nomination paper, require the person presenting the same to produce ..... the osmania university act of 1959, it is hereby notified that an election of one person to the senate of the osmania university, from the said constituency in the district of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP388; (1960)ILLJ593AP
..... high court, and the order was affirmed by the supreme court. chandrasekhar aiyar, j., dismissing the appeal observes that the definitions of the act included disputes that might arise between municipalities and their employees in branches of work that can be said to be analogous to the carrying out of a trade or business. in ..... , air 1953 sc 58, supports the view that the educational institution is covered by the definition of industry in the act. there the head-clerk and the sanitary inspector of the budge-budge municipality were suspended by the chairman on receipt of complaint against them for negligence and indiscipline.after their explanations were received the ..... like this hospital, the university, a free school or college, a public body like a municipal corporation would come within the conception of undertaking so as to bring it within the definition of 'industrial disputes' as given in the act, unless the plain meaning of the word be restricted. the only question, on this part .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP498
..... trotter, c. j. has pointed out that the reference to the chief judge, small causes court, who has been appointed under the rules under the madras district municipalities act as tribunal could not be taken as the court.in other words that decision makes it clear that the mention of the court in that connection is only descriptive of ..... pronouncements and that in view of those decisions, it is not open any longer to consider the questions afresh.4. the madras estates (abolition and conversion into ryotwari) act 1948 originally provided under section 8 for the constitution of only a curt as a tribunal. after amendment of that section, it has in sub-section (2) of ..... estates abolition tribunal as provided under sub-section (2) of section 15 viz., the district judge, visakhapatnam, as he was the tribunal constituted under section 8 of the act. the tribunal dismissed the appeal. this petition against that decision of the tribunal is filed purporting to be under section 115 c. p. c.3. to the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP91; (1962)IILLJ636AP
..... government of andhra pradesh issued a notification calling upon all the constituencies to elect members in accordance with the provisions of the hyderabad district municipalities act (xviii of 1956) (hereinafter called, 'the act'). the petitioner, the 1st respondent and two others filed their nominations for one of the constituencies. at the time of the scrutiny of the ..... a member of a committee if such a person at thedate of election ***** (c) holds any office or place of profit under the government or under the municipality or under any local authority.' 5. it is not disputed that the petitioner is a retired clerk of a government high school and that he was at ..... writ of certiorari quashing the order of the district judge, nalgonda, by which he reversed, on appeal, an order of the returning officer of the nalgonda city municipality.2. the material facts lie within a brief compass and are for the most part uncontroverted. for the purpose of holding elections to the town committee of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP212
..... the source of the power of the government to relax the rule in question in the manner they did. there is no provision in the madras district municipalities act or m the rules made thereunder which authorise the government to give directions in individual cases abrogating the mandatory rule. if the order of the government ..... made by the state government in exercise of its rule-making power under section 303 of the madras district municipalities act (v of 1920), a lease of immovable property belonging to a municipal council may be granted by the municipal council itself if the period of the lease is three years or less, and where it exceeds three ..... is bad, as it manifestly is, what remains is the resolution of the municipal council dated 14-11-1961 resolving to lease out the municipal muddukrishna theatre by public auction for a period of three years. now section 22 of the madras district municipalities act imposes an obligation on the executive authority, namely, the commissioner, to carry .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP421
..... election and as such the entire election is invalid, we are not impressed with this argument also. rule 30 of the rules under the hyderabad district municipalities act enjoins that votes shall be given by ballot in the prescribed manner, rule 31 prescribes the method of voting, rule 33 provides for the arrangement for ..... of : air1958pat149 would also be inapplicable to the facts of this case. there is marked difference between the scheme of the bihar and orissa municipal act and the election rules made thereunder and the act and rules which fall for our consideration here. the other cases relied upon by mr. sastry is sabhir ahmad v. district magistrate of darbhanga ..... voters,' it is not possible for us to agree with the conclusions of that decision obviously because the bihar and orissa municipal act and the rules made thereunder are substantially different from the act and the rules made thereunder.13. we have already held that the petitioners and those who wanted to put jn objections .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP357
..... affidavit are mainly factual in character. they say that the resolution of 22-9-60 has not been published as required by section 312 of the district municipalities act and has not therefore come into force and effect. they further allege that the question of the validity of the resolution is still under the consideration of ..... of powers to it was admittedly done in exercise of the powers of the council under section 23 of the madras district municipalities act. it is admitted, and it cannot be gainsaid, that the municipal council itself was entitled to hear the tax appeals. it is this power which it undoubtedly had, that was delegated to ..... intention of section 23 of the madras district municipalities act seeing to be to enable a municipal council to provide for a division of work with a view to efficient administration of the municipality. instead of concentrating in its own hands, the entire work connected with the municipality, the municipal council disburdens itself of a part of its work .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP248; 1964CriLJ634
..... har prasad v. emperor, air 1947 all 139 the commissioner of agra division heard a petition exercising powers regarding election under section 24(1) of the u. p. municipalities act, 1916. he also framed a complaint purporting to be under section 476, cri p. c. against har prasad of offences relating to fabrication of false evidence etc. the ..... 191, criminal p. c., in this behalf.' 17. in (s) : 1956crilj326 , the relevant facts were as follows: before the district magistrate of karnal, who was acting as returning officer at an election, an application was filed under section 476 and section 195, cri. p. c. he held an enquiry on the application, passed an order ..... the person making the complaint .............it seems to me, the illegalities are confined to whatever could only be done under section 476, and cannot extend ..............to the acts of the trial magistrate l.banwari lal who had full jurisdiction to take cognizance on an allegation made to him in writing by mr. izzat rai that an .....
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