Judgment Search Results Home > Cases Phrase: manipur municipalities act 1994 section 71 budget Page 1 of about 1,992 results (0.178 seconds)

N. Tolpishak and ors. Vs. State of Manipur and ors.

Court : Guwahati

..... the conjoined reading of chapter-xi of the manipur municipalities act, 1994 which consists of sections 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178 and 179 and manipur municipal bye-laws, it is clear that for selling of kom kwa and mana in the shops belonging to the private individuals, permission or licence is not required to be obtained from the imphal municipal council.9. ..... under section 164 of the manipur municipalities act, 1994, the concerned individuals are required to take the necessary permission from the council for slaughter of animals for sale and also use of the premises for slaughter of animals within the municipal area ..... section 168 of the manipur municipalities act 1994 deals with the requirement of taking permission for using the building or place of municipality for the pursposes mentioned therein, ..... section 167 of the manipur municipalities act, 1994 deals with the requirement for taking licence from the municipal council for using the premises for any purposes which is likely cause to a public ..... for the reasons discussed above and also keeping in view of the relevant provisions of the manipur municipalities act, 1994 and municipal market byelaws, this court is of the considered view that interference to the impugned notifications dated 04.11.1998 (annexure-a/2 colly) is called ..... chapter-xi of the manipur municipalities act, 1994 deals with the markets and slaughter houses and also the requirements of taking license for certain .....

ingudam Lukhoi Singh and anr. Vs. Ingudam Tomba Singh and ors.

Court : Guwahati

..... the facts and circumstances of the instant case, it cannot be held that the suit was not maintainable for want of notice to the imphal municipality under section 196 of the manipur municipalities act, 1976, and hence this substantial question of law formulated by this court has to be answered in the negative. ..... say that a notice under section 196 of the manipur municipalities act, 1976 is required to be given for the benefit of the municipality (proforma defendant no.9 imphal municipality) and not for the benefit ..... that the shop in question is not heritable and hence there is no question of its partition and that since the plaintiff is questioning the imphal municipality's act of recording the name of late chaoba singh only in respect of the shop, the suit is barred for want of notice under section 196 of the manipur municipalities act, 1976. ..... that in the facts and circumstances, the suit is not hit by section 196 of the manipur municipalities act, 1976 for want of notice. ..... dated 13.10.1992 this court formulated the following substantial question of law: 'whether the suit was not maintainable for want of notice to the municipality under section 196 of municipalities act?' 9. ..... shop in question and pay peddler tax in respect of the said shop under the direction of the imphal municipality and hence they are persons 'acting under its direction' within the meaning of section 196(1)(b) of the act and therefore the suit was not maintainable as against them for non-service of notice on them. .....

ingudam Lukhoi Singh and anr. Vs. Ingudam Tomba Singh and ors.

Court : Guwahati

..... the facts and circumstances of the instant case, it cannot be held that the suit was not maintainable for want of notice to the imphal municipality under section 196 of the manipur municipalities act, 1976, and hence this substantial question of law formulated by this court has to be answered in the negative. ..... say that a notice under section 196 of the manipur municipalities act, 1976 is required to be given for the benefit of the municipality (proforma defendant no.9 imphal municipality) and not for the benefit ..... that the shop in question is not heritable and hence there is no question of its partition and that since the plaintiff is questioning the imphal municipality's act of recording the name of late chaoba singh only in respect of the shop, the suit is barred for want of notice under section 196 of the manipur municipalities act, 1976. ..... that in the facts and circumstances, the suit is not hit by section 196 of the manipur municipalities act, 1976 for want of notice. ..... dated 13.10.1992 this court formulated the following substantial question of law:'whether the suit was not maintainable for want of notice to the municipality under section 196 of municipalities act?'9. ..... shop in question and pay peddler tax in respect of the said shop under the direction of the imphal municipality and hence they are persons 'acting under its direction' within the meaning of section 196(1)(b) of the act and therefore the suit was not maintainable as against them for non-service of notice on them. .....

Y. Budha Singh and ors. Vs. State of Manipur and ors.

Court : Guwahati

..... for the reasons stated above, the impugned letter dated 18.5.1999 of the government of manipur, secretariat mahud department, postponing the meeting for election of new chairperson and vice-chairperson of imphal municipal council under section 221 of the manipur municipalities act, 1994 is quashed, consequently, the impugned notification dated 19.5.1999 issued by the executive officer, imphal municipal council pursuant to the impugned letter dated 18.5.1999 of the govt. ..... by the letter dated 18.5.1999, government of manipur ,secretariat of mahud department, the deputy commissioner, imphal west has been intimated that the government has decided to postpone the meeting to elect a new chairperson and vice-chairperson under section 221 of the manipur municipalities act, 1994 (for short 'the act'). ..... since sub-section (2) of the section 24 of the act expressly provides that an election to a vacancy in the office of the chairperson of municipal council has to be within 21 days from the date of occurrence of the vacancy, the state government cannot in exercise of its power under section 221 of the act postpone the election to the vacany of the office of the chairperson of muncipal council beyond the period of 21 days as such postponement by the government would be inconsistent with the provisions of sub-section (2) of section 24 of the act.6. .....

President, Municipal Board Shahjahanpur, Through Bishan Chandra Vs. Di ...

Court : Allahabad

Reported in : AIR1956All369

..... as annexure f.this is an order passed by the governor, communicated through the district magistrate, shahjahanpur to the petitioner and by that order the petitioner has been immediately suspended from the presidentship of the municipal board, shahjahanpur in exercise of the powers conferred on the governor by sub-section (3) of section 43, municipalities act.as i have already mentioned, the state government had also on that very date issued notice to the applicant to show cause why he should not be removed from the presidentship. ..... municipalities act, the revised budget should have been framed and passed as soon as possible after the 1st day of october,. ..... due to the, order of the district magistrate prohibiting him from holding the meeting in camera, the petitioner could not hold the meeting on the 7th april and the budget consequently could not be passed.the petitioner, in his affidavit, has stated that the allegations against him that he was not recording the proceedings correctly or was misrepresenting the facts were incorrect. ..... thereupon, the applicant, in order to avoid the difficulties in the running of the administration of the board as the budget had not yet been considered and passed, directed the executive officer of the board to call the adjourned meeting of the board of the 30th march on 7-4-1955 at 5.30 p.m. .....

Bhagwandas Ramcharandas Vs. President, Municipal Committee, Achalpur C ...

Court : Mumbai

Reported in : AIR1967Bom143; (1966)68BOMLR721; ILR1966Bom902

..... we do not see, therefore, how any action under section 22 (2) of the municipalities act could have been taken against the petitioner even assuming that he were shown to be the owner of the property or to have entered into a contract in 1961 ..... 2 on this application also, it does not appear that the powers and duties enjoined on the authority under section 22 (2) of the municipalities act, have been properly apprehended by the respondent no. 2. ..... and berar municipalities act and under section 22 (2) of the said act the petitioner had forthwith ceased to be a member of the municipal committee and his office had become vacant ..... it is no part of the duty, nor within the ambit of the powers of the municipal president under this act to take a decision, whether a person has or has not ceased to be a member under section 22 (2) of the municipalities act. ..... and berar municipalities act, which would entail his ceasing to be a member of the municipal committee under section 22 of the same act. ..... section 44 of the municipalities act requires contracts to be in writing in respect of affairs of the municipal committee, except for those of sales or purchases of moveable and contracts of service with ..... and berar municipalities act is as follows:'any president, vice-president or member of a committee who after his entry into office becomes subject to any of the disqualifications specified in section 15 shall forthwith cease to be president, vice-president or member and his office shall become vacant .....

Sultan and Another Vs. Shahajaha and Others

Court : Karnataka Kalaburagi

..... in paragraph 5 of the decision rendered in the case of ramesh mehta (supra), the hon'ble apex court has taken cognizance of the provisions of section 9 of the rajasthan municipalities act as it stood prior to the amendment carried out in the year 1994 and thereafter the provisions of section 9 is referred to in paragraph 5 at page 416 of the judgment which is reproduced below: 5. ..... it is clarified that as the no-confidence motion is void, the second proviso to sub-section (9) of section 42 of the karnataka municipalities act, 1964, (hereinafter referred to as the act, for brevity) will not come in the way of elected councillors for moving a fresh motion of no-confidence motion against smt.shahjaha. 3. ..... after the 1994 amendment, only elected members and mlas have the right to voter as per section 9(1) of the rajasthan municipalities act. ..... when the acts were amended in 1994, the provisions of section 11 were amended to ensure that the members of the house of the people and member of state legislative assembly and members of the council be permitted to participate in the deliberations of the municipalities and also to vote in the council. ..... thus the proviso to section 11(1) specifically prohibits members nominated by the government from casting their vote in the meetings of the municipal council which is analogous to section 7 of the kmc act, 1976, which stood amended in the year 1994. .....

Ram Dial and ors. Vs. the State of Punjab

Court : Supreme Court of India

Reported in : AIR1965SC1518; (1965)67PLR835; [1965]2SCR858

..... on august 4, 1961, that is, after these persons started functioning as members of the municipal committee the government of punjab issued a notification under section 14, clause (e) of the punjab municipalities act, 1911 in which it which it was stated that the governor of punjab for reasons of public interest was pleased to direct that the seats of these appellants shall be vacated from the date of publication of the notification and ..... writ petition has been filed by uma shankar appellant in this court and raises the same question as in the appeals, namely, whether section 14(e) of the punjab municipalities act, no. ..... and berar municipalities act which to a certain extent were held to ..... which we are concerned provides that notwithstanding anything in the foregoing sections of chapter iii, which deals with constitution of committees, appointment and election of members, term of office of members of municipal committees, the state government may, at any time, for any reason which it may deem to affect the public interest, by notification, direct that the seat, of any specified member, whether elected or appointed, shall be vacated on ..... of public interest was pleased to direct that the seats of the three appellants shall be vacated from the date of the publication of the notifications in the state gazette and to direct further that under sub-section (3) of section 16 of the act, the three appellants shall be disqualified for election for a period of one year from the date specified. .....

Smt. Mahendri Chhabra and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2003(3)AWC2556; (2003)2UPLBEC1361

..... submitted that from a reading of section 10a and section 38 of the municipalities act, 1916, the term of the nominated members is coextensive with the term of the nagar palika parishad and the term of the nominated members of the nagar palika parishad can be curtailed only if such member resigned or is removed from the office of the membership of the nagar palika parishad in the manner provided in section 40 of the said act. ..... according to him under section 9 of the municipalities act, 1916, after its amendment by ..... municipalities act, by ..... municipalities act does not exhibit an intention different from the general principles mentioned ..... according to him in the present case as the petitioners have neither resigned nor they have been removed as provided under section 40 of the act, the state government was not at all justified in cancelling their nominations and is a colourable device and cannot be permitted ..... office of member of municipal board is a political office ..... various authorities on the question of doctrine of pleasure as also the powers available to the government under sections 16 and 21 of the general clauses act, the court has held as follows :'13. ..... 19 of 1994, a nominated member of the nagar palika parishad can be removed by the state government by exercising the power under sections 16 and 21 of the general clauses act and a nominated member cannot insist upon to hold the office as a member of nagar palika parishad for the full ..... of 1994. ..... 12 of 1994 by which the proviso added by .....

Prem Raj Bohra and Etc. Vs. Jairoopa and ors. Etc.

Court : Rajasthan

Reported in : AIR2003Raj128; 2003(1)WLC495; 2003(2)WLN383

..... . sub-rule (9) of rule 3 of the no confidence motion rules, which uses the expression whole number of members' and the definition of 'whole member of members' contained in section 3(36) of the rajasthan municipalities act, 1959, defining whole number means total number of votes at a time, therefore, are clearly ultra vires the provisions contained in article 243-r of the constitution of india ..... . it is also submitted that first meeting of the board has not been defined in rajasthan municipalities act but it is defined in rule 96 of the rajasthan municipalities (election) rules 1994 ..... . chapter iv of the elections rules of 1994 deals with the subject of election of a chairperson/vice-chairperson/president/vice president/ mayor and deputy mayor of the municipal council/board or the corporation as the case may be ..... . it is true that neither in section 61 nor anywhere else in the act, it has been clarified as to which date will be the first date of the meeting of the board for the purpose of section 61 and it is also true that it is said in the rule 96 of the rules of 1994 that the meeting held for the election of the chairperson shall be the first meeting of the board ..... . not only above reasons, but close scrutiny of the relevant provisions of law also makes it clear that the definition given in rule 96 of the rules of 1994 has no application and cannot have application for this purpose ..... . rule 69 of the rules of 1994 prescribes the form in which the elected person is required to take oath .....