Court : Chennai
Reported in : (1912)23MLJ479
..... to the stratum of space at the three feet height above the drain covered by the pial has been acquired by prescription, the municipality has under section 168 of the district municipalities act 1884 (clause i) power to cause projections, encroachments or obstructions in any public street to be removed and the definition of ' ..... 7. the next question is whether the plaintiff is entitled to an injunction restraining the municipal council from removing the pial. that question depends on the construction of section 168 of the district municipalities act. the right of the municipal council to the drain has not been affected by the acquisition of title to the ..... pial by the plaintiff. according to section 168 the municipality is entitled to 'cause any projection, encroachment or obstruction made against .....
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 : Chennai
Reported in : (1914)27MLJ227
..... opinion on the competency or otherwise of a candidate for election. we may also, in this connection refer to rule 11 of the rules framed under the district municipalities act. the local government has empowered collectors to exercise the function which the presidency magistrates in the town of madras exercise under the rule in question. it has never ..... the learned judge was therefore justified in that case in taking cognisance of the case in revision. the mere fact that sections 172 and 176 of the city municipal act put the presidency magistrate under the control of the high court in certain cases is not an argument for the position that in framing rules under section 413, ..... in the position of referee between the president and the candidate. the rule declares his decision to be final, as in the case of the collector under the district municipalities act. the decision in balaji sahharam v. merwanji naoroji i.l.r. (1895) b. 279 may also be cited in this connection. it was held in that case .....
Tag this Judgment!Court : Chennai
Reported in : (1915)ILR38Mad581
..... opinion on the competency or otherwise of a candidate for election. we may also, in this connection refer to rule 11 of the rules framed under the district municipalities act. the local government has empowered collectors to exercise the functions which the presidency magistrates in the town of madras exercise under the rule in question. it has never ..... the learned judge was therefore justified in that case in taking cognisance of the case in revision. the mere fact that sections 172 and 176 of the city municipal act put the presidency magistrate under the control of the high court in certain cases is not an argument for the position that in framing rules under section 413, ..... merwanji nowroji i.l.r. (1897) bom. 279, may also be cited in this connection. it was held in that case that a district judge acting under section 23 of the bombay district municipal act was not subject to the revisional jurisdiction of the high court. in radolf stallmann v. emperor i.l.r. (1911) cal. 547, the learned .....
Tag this Judgment!Court : Chennai
Reported in : 25Ind.Cas.345
..... on the competency or otherwise of a candidate for election. wo may also, in this connection refer to rule 1.1 of the rules framed under the district municipalities act. the local government has empowered 'collectors to exercise the functions which the presidency magistrates in the town of madras exercise under the rule in question. if has never ..... the learned judge was, therefore, justified in that case in taking cognizance of the case in revision. the mere fact that sections 172 and 176 of the city municipal act put the presidency magistrate under the control of the high court in certain cases is not an argument for the position that in framing rules under section 413 the ..... in balaji sakharam v. merwanji nowroji 21 b. 279 may also be cited in this connection. it was held in that case that a district judge acting under section 23 of the bombay district municipal act was not subject to the revisional jurisdiction of the high court. in rudolf stallman v. emperor 10 ind. cas. 618 : 15 c.w.n. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1916Mad569; 31Ind.Cas.322
..... 'k.e.p.t.v. draviyam pillai and another.' note (1) to rule 4 of the rules promulgated by government under section 250(1)(a) of the district municipalities act provides that a firm desirous of voting, 'when entitled to be registered, must cause the nams of a partner, member, agent or secretary to be entered in the ..... not necessarily constitute an amendment of the register of voters, but is merely by way of subsidiary instruction which is essential to make the accepted list effective.2. a municipal election was held in tuticorin on 6th october 1910. on the previous day the following petition was presented to the chairman (1st defendant)(exhibit n):the petition written by ..... that arose for his decision.' vide also sabhapat singh v. abdul gaffur 24 c. k 107. the real test is whether 1st defendant when he passed his order was acting 'in good faith', which, implies 'due care and diligence.'7. viewed from this standpoint, we find it impossible to exonerate the 1st defendant. the grounds on which he .....
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 : Mumbai
Reported in : (1917)19BOMLR65
..... permission of the 12th of january. because he did so, he has been convicted under section 96, clause (5) of the bombay district municipalities act and has been sentenced to a fine of rs. 60.3. i am clearly of opinion that on these facts the applicant was not ..... batchelor, j.1. this case which falls under the bombay district municipalities act (iii of 1001) is, i think, best decided on its own facts without any attempt to lay down ..... , there was communicated to him from the municipality an order that the previous permission was revoked and that his building must be so modified as to leave a certain set-back to ..... which we have before us here are these.2. on the 12th january 1916, the present applicant obtained from the managing committee of the municipality a perfectly valid and legal permission to build his house with a certain gallery. he consequently began the building. on the 26th march following .....
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