Court : Kolkata
Reported in : (1888)ILR15Cal461
..... case is probably much the same in calcutta by reason of section 189 of the calcutta municipal consolidation act, 1876, which vests the soil of public streets in the commissioners, and perhaps also in mufussil municipalities, under section 30 of bengal act iii of 1884. but there is no such law applicable to the province of bengal generally ..... such a declaration. moreover, though such a declaration would not be conclusive against a stranger, it would be admissible against a stranger under section 42 of the evidence act; and if the suit were fairly and properly conducted, the decision would, i think, be practically conclusive in any subsequent proceeding. it should be remembered, too ..... to be found in india. they are expressly recognised by the legislature in section 42, illustration a, and section 54, illustration p, of the specific belief act. it is specially important that this class of rights should be clearly understood and borne in mind in a country like india, where interests of the most .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal282,1955CriLJ792
..... director of rationing and distribution, representing the food department of the government of west bengal in a case under section 488 read with section 386(l)(a), calcutta municipal act, 1923, the allegations on which the prosecution is based are briefly that during the financial year 1951-52. the opposite party was carrying on trade at premises ..... the government). this, however, seems to be more of art exception than the rule. then as further pointed out in the madras case, under the different municipal acts, the government is specially exempted from the payment of certain tolls and taxes but not from others.15. the course of legislation in india thus clearly favours the ..... expressly or by necessary implication.20. as already found, the opposite party would be normally within the scope of the prohibition embodied in section 386, calcutta municipal act, 1923, in the absence of anything to the contrary. the only thing which was supposed to be to the contrary was the rule of construction by .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal216
..... causes, calcutta, and adjudge and declare that the suit is not barred by limitation and/or by the provisions of section 326(3) of the united provinces municipalities act, 1916 (act ii of 1916). we remit the suit to the learned judge of the court of small causes for trial and disposal according to law. the costs here ..... of the united provinces and in no other. in this case, of course, there is no such special contract.31. in our opinion, the united provinces. municipalities act, 1916, (act ii of 1916), does not apply to the suit. the suit is not barred by the law of limitation. the judgments of the courts below are erroneous and ..... rule as foreign countries 'inter se'.'somewhat similar observations will be found in the case of : air1930cal53 .25. by virtue of section 6 of the united provinces municipalities act, 1916, the municipal board, benares, is a body corporate. it has a perpetual succession, a common seal and subject to restrictions and qualifications imposed by the laws in force, is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal625,66CWN774
..... the central government and the member concerned became an employee of the central government and ceased to be a member of the municipal board by reason of the provisions of section 13-d(f) of the municipalities act. it was contended further that in any view of the matter on the 1st of september, 1956, when the life insurance ..... corporation came into existence he became an employee of the central government through the corporation and became disqualified to be a member of the municipal board. mehrotra, j. has ..... analysed the provisions of the ordinance, of act 9 of 1956 and the life insurance corporation act of 1956. his lordship came to the conclusion that under the provisions of act, 9 of 1956 the insurance company as such did not vest .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal380
..... of the assembly electoral roll prepared in 1958 and modified upto 1962 and did not contain the name of all persons qualified to vote under the bengal municipal act. it has been further stated that there was not sufficient publicity given to the electoral roll nor there was 'any intensive revision of the same'. ..... single-member constituencies elected by universal adult franchise. under section 6(1)(i) of the bengal municipal act, 1932 (hereinafter referred to as the 'said act') the state government may by notification alter the number of commissioners of a municipality in consideration inter alia of the increase or decrease in the population, income, number of voters ..... tender of messrs. hindustan construction co., ltd. was going to be accepted when an application was made under section 45 of the specific relief act, praying that the municipal commissioners of the corporation be ordered to forbear from signing and executing the contract with m/s. hindustan construction co., ltd., and they be .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1974Cal363,78CWN686
..... in section 67a (3) is taken to include all powers of the chairman and the commissioners, then the provisions of section 67a and section 553 of the bengal municipal act, 1932 would seem to operate at least partly on the same field. section 553 which deals with the power of the state government to superset the commissioners reads :--'(1 ..... therefore illegal. it was further contended that section 67-a was ultra vires being violarive of article 14 of the constitution, referring to section 553 of the bengal municipal act, 1932 it was argued that the provisions of section 67-a were more onerous than the provisions of section 553 and the absence of any guiding principle for ..... 3871/mim-48/71, dated august 16, 1971 the governor, in exercise of the powers conferred by section 67-a of the bengal municipal act 1932, was pleased to declare that the ranigunj municipality 'shall have an executive officer for the period of one year with effect from the date on which the executive officer may assume charge .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1978Cal324,81CWN986
..... convened, and thus having sufficient notice, the president does not deliberately attend it and also does not inform the district magistrate, the authority under the u. p. municipalities act, about such non-service, he cannot question the resolution for want of notice and hence no writ can issue. the issue of a writ under article 226 of ..... consideration was whether the requirement of three clear days notice for the holding of a special general meeting as embodied in section 27 (3) of the mysore town municipalities act, 1951, was mandatory or not, since after the election of the appellant as the president on september 11, 1962, at a special general meeting of the ..... members on november 17, 1966 fixing november 25, 1966 as the date for the meeting to consider the no-confidence under section 87-a of the uttar pradesh municipalities act, 1916. the said meeting was adjourned to december 5, 1966. this happened during the pendency of a proceeding before the high court challenging the notice. the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1978Cal374,82CWN894
..... . tuljaram, air 1931 bom 582, it was held that the district court exercising judicial functions under bombay city municipalities act, 1898 is a subordinate court under section 107 of the government of india act, 1915, if, not under section 115 of the code and the order of the district court could be set aside ..... he had no jurisdiction to pass it. the position accordingly appears to be settled that the superintendence envisaged under section 107 of the government of india act, 1915 was accepted and interpreted by courts as not merely administrative superintendence but judicial superintendence as well over courts under its appellate jurisdiction in certain ..... judicial superintendence while amending the original article 227.20. in the instant case, on the tests referred to above, under the west bengal co-operative societies act, 1973, the registrar or arbitrator has been conferred full powers to decide the dispute, pasa interlocutory orders, hear the parties in accordance with the rules framed .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1983Cal144,87CWN330
..... passed by the president of the committee appointed, by the state government under section 56-a of the bengal municipal act, 1932, hereinafter referred to as the act, to take charge of the administration of the affairs of the municipality. by the impugned order of transfer, the appellants were transferred from one ward to another within the ..... , in assailing the impugned order of transfer the appellants challenged the constitutional validity of section 56-a which has been inserted in the act by section 3 of the bengal municipal (second amendment) act, 1969. it was contended on behalf of the appellants that as section 56-a was ultra vires the constitution, it was void ..... is present, of the newly-formed body of commissioners after a general election of commissioners held under the provisions of the act or any other act applicable to the area comprised within the municipality.(7) if the office of a member of the committee falls vacant by resignation, death or otherwise, the state government shall .....
Tag this Judgment!Court : Kolkata
Reported in : (1987)0CALLT179(HC)
..... whether delegation by municipal council of its power to hear tax appears, it has been observed that the council does not denude itself of those powers ..... and then to the case of appeal committee anakapalli municipality, represented by its convenor, v.n. sagar v. commissioner, anakapalli municipality and anr. : air1964ap357 , which was also a judgment of a learned single judge of the andhra pradesh high court, where section 23 of the madras district municipalities act was considered and on the question as to ..... narayan chowdhury, : [1965]2scr929 , where the supreme court, considering section 68(1) and 105b(1)(a) and (ii) of the bombay municipal corporation act, 1888 and if the question of exercise of delegated function was judicial one has observed that the words of section 68 must be reasonably construed. it .....
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