Court : Allahabad
Reported in : AIR1928All756; 113Ind.Cas.78
..... of agra acquired a share in a contract with the board. such conduct on the part of a member of a municipal board is prohibited by the provisions of section 82 (1), u.p. municipalities act of 1916 and is made punishable as if the member who acquired an interest in the contract had committed an offence under ..... report that mr. bhakht undertook the inquiry in consequence of orders passed by mr. nethersole as district magistrate for inquiry into a specific complaint of misconduct as a municipal member on the part of lala bhairon prasad in connexion with certain gram contracts. obviously, therefore, mr. nethersole claims to have taken action under sections 190 and ..... possession of after a search of his house and examined under the order of the district magistrate to discover whether the complaint as to his contract with the municipality contrary to law was correct or not. it appears further from the report of mr. wali bakht that the examination has revealed further alleged offences committed by .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1931All26
..... at present advised, we are unable to appreciate how any expression of our opinion on the question that has been referred would be otherwise than infructuous. section 19 (2), municipalities act, says thatthe election of any person as a member of board shall not be questioned, (a) on the ground that the name of any person qualified to vote has ..... boys, j.1. this is a reference made by the commissioner of benares under the municipalities act asking us for a decision as to whether muhammad ekram, who has been returned as a member of the benares municipal board election, was qualified as voter. it is not the practice of this or any other court to give a decree or pass ..... than the reason which is given to us, namely, that the qualifications of electors and of all candidates are now, at any rate for the purposes of the benares municipality, identical. it would, therefore, appear manifest that the election of a member of board cannot now be questioned on the ground that he was not qualified to be a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All756a
..... in directing the demolition of the portion which had already been built was either ultra vires or in any way in excess of his statutory authority. under section 186, municipalities act the board was competent at any time by a written notice to direct the owner or occupier of any land to stop the erection, re-erection or alteration of a ..... be put up for the first time upon the site and were not intended to be extended to the cases of re-erections of buildings. section 178, municipalities act clearly indicates that, the municipal board was to have the controlling voice not only in cases of the erection of a new building or new part of a building but also in ..... by statutory enactment.6. the plaintiff had applied to the board for permission to erect or to re-erect a building within the meaning of section 178, municipalities act. section 180 of the act provides as follows:(1) subject to the provisions of any bye-law, the board may either refuse to sanction any work of which notice has been given .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All912
..... issues. the main point which arises for consideration in this appeal is whether the defendant-appellant was an 'aggrieved person' within the meaning of section 318, municipalities act, so as to be entitled to prefer an appeal to the district magistrate. on behalf of the respondent it is urged that only that person can appeal ..... was referred to the public works committee to which power to deal with such applications had been given under section 112, municipalities act. the committee refused permission, but the order was revised by the municipal board which granted the sanction. the plaintiff proceeded to start the construction and then the defendant-appellant sheo ram, who apparently ..... applications, those orders being subject to the right of appeal to or revision by the board itself. but the order granting or refusing sanction by the municipal board is passed under the authority given to it by section 118. there can therefore be no doubt that section 318 was applicable.5. we accordingly .....
Tag this Judgment!Court : Chennai
Reported in : 125Ind.Cas.85
..... and is thereby rendered unfit to take part in the adjudication of such claim or objection.7. the collector nominated under this rule(1) the chairman of the municipality.(2) mr. rajagopala naidu and(3) mr. balaaubramania iyeras members of the revising board. he appointed also as required by the rule certain members in-waiting of ..... how the revising authority came into existence.rule 6 says:the revising authority for each electoral roll in a municipality shall consist of the chairman as president and two non-officials who are not members of the municipal council to be nominated by the collector of tie district. the collector shall sled appoint two non-officials and ..... two or more officials (specifying the order in which the shall be entitled to act, the non-officials taking precedence over officials) as members-in- .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All365a; 122Ind.Cas.742
..... so deducted and that each of these occasions afforded the plaintiff a separate cause of action. ex facie the suit is governed by section 326, united provinces municipalities act and is barred by time.14. our attention was drawn to a document and it was contended that this amounted to an acknowledgment of liability in writing and ..... upon the construction of section 326, united provinces municipalities act (act 2 of 1916). the statute in question is a self-contained act and provides for a special period of limitation for suits against the municipal board or against a member, officer or servant of the municipal board in respect of an act done or purporting to have been done in its ..... a declaration of title thereto be commenced otherwise than within six months next after the accrual of the cause of action.11. a plaintiff agrieved by an act of the municipal board or of its member, officer or servant is bound to institute a suit within six months next after the accrual of the cause of action .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All704
..... date of bringing the suit was 30th january 1925, that is it was brought just within the period of one year allowed by the limitation act. but the period allowed by section 326, sub-s. (3), municipalities act (act 11 of 1916) is six months from the date of the cause of action. the question, therefore, is whether section 326 ..... v. jugul kishore [1911] 33 all. 540 it was held that a suit against a member of the municipal board for damages for malicious prosecution initiated on his report to the board requires notice under the municipalities act. having regard to the principles laid down in these rulings, we consider that the lower appellate court was correct in ..... whether the note was written from malice or improper motives. the mere fact that the defendant purported to act in his official capacity renders it necessary for the plaintiff to comply with the provisions of section 326, municipalities act, and one of those provisions is that the suit must be brought within six months of the cause .....
Tag this Judgment!Court : Chennai
Reported in : AIR1930Mad844; (1930)59MLJ690
..... as the issue as pointed out by the learned district judge is very vague, i shall deal with it. under rule 7, schedule iv of the district municipalities act, 'the chairman shall enter the annual value of all lands and buildings determined by him and the tax payable thereon in assessment books to be kept for ..... the abstract question whether the duty of preparing the assessment list under rule 8, schedule iv can be delegated by the chairman under the provisions of the district municipalities act. assuming that the chairman is entitled to carry out the work of revision through the committee appointed by him or by the council, the questions arising for consideration ..... entries 'relating' to the plaintiff's three houses, exhibits a, b and c, were prepared by this committee. rule 8 of schedule iv of the district municipalities act states that 'the assessment books shall be completely revised by the chairman.' having regard to this rule, it is argued that the chairman should not have delegated the .....
Tag this Judgment!Court : Chennai
Reported in : (1931)60MLJ260
..... statute or whether there is any objection to them.9. those are precisely the functions given to a presiding member by the rules framed under the madras district municipalities act for the election of a chairman. he is to count the voting papers placed in the ballot-box, and those papers are to be marked only by the ..... affidavits disclose irregularities in the manner of voting which might have been challenged in an election petition. but there was nothing done by the municipal council in the nature of a judicial act to which the remedy of a writ of certiorari would be applicable. when this case was first argued it was represented to us on the ..... while finding that 'the action of the councillors in violating the provisions of rule 4 of the rules for the election of chairman and vice-chairman of the municipal councils prescribing secret voting was highly irregular' did not interfere with the election in question and passed an order leaving the aggrieved parties to the legal remedies. immediately .....
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad122
..... statute or whether there is any objection to them.8. those are precisely the functions given to a presiding member by the rules framed under the madras district municipalities act for the election of a chairman. he is to count the voting papers placed in the ballot box and those papers are to be marked only by ..... affidavits disclose irregularities in the manner of voting which might have been challenged in an election petition. but there was nothing done by the municipal council in the nature of a judicial act to which the remedy of a writ of certiorari would be applicable. when this case was first argued it was re-presented to us ..... government while finding thatthe action of the councillors in violating the provisions of rule 4 of the rules for the election of chairman and vice-chairman of the municipal councils prescribing secret voting was highly irregulardid not interfere with the election in question and passed an order leaving the aggrieved parties to the legal remedies. immediately .....
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