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 .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Guwahati
..... the petitioner was appointed by the state government as a memberof the aforesaid municipal council under section 15(3) of the manipur municipalities act, 1994, hereinafter called the act, vide order dated 17th january, 1995 (annexure-a/1) read with the corrigendum dated 6.2. ..... -section (3) of section 15 of the manipur municipalities act, 1994 referred to in the above resolution reads: '(3) the state government may appoint a person having special knowledge or experience in municipal administration to be a member of the municipal ..... read out the said letter, all the correspondence letters of the council, and the provisions of section 15, section 20 and section 221 of the manipur municipalities act, 1994 were minutely considered. ..... does not possess the qualification mentioned in sub-section (3) of section 15 of the municipalities act, 1994. ..... writ petition filed by the petitioner before this court for quashing the above resolution passed by the thoubal municipal council, the petitioner filed a petition dated 31.10.1996 (annexure-a/12) before the secretary to the government of manipur, municipal administration and the deputy commissioner, thoubal district, for suspending the execution of the said resolution under section 203 of the act. ..... of, if not already disposed of, the above mentioned petition (annexure-a/12) filed by the petitioner keeping in view the provisions of section 203 of the act with intimation to the thoubal municipal council and the petitioner about the orders passed thereon. .....
Tag this Judgment!Court : Guwahati
..... now that he has been prosecuted only because he happens to be a partner of the firm and the sample was taken in his presence, he can only be made vicariously responsible under the provisions of section 17 of the act, which relates to the offence committed by the companies.his lordship further observed:in the instant case, in the absence of any complaint against the firm, the prosecution of the petitioner as a partner was, in my opinion, ..... sanction given by the imphal municipal board, did not suffer from any infirmity; that the non-mention of the adulterant was a mere irregularity and did not vitiate the trial; that the prosecution was done individually for selling adulterated sesame oil as the accused personally sold the sample and so he was tried as a vendor of the adulterated sesame oil without the aid of section 17 of the act, that the statement of ..... learned public prosecutor appearing for the state of manipur adopts all the arguments advanced by mr. ..... the chief judicial magistrate, manipur central district, by his judgment dated 20-3-1975 holding that there was no defect or lacunae in prosecuting the accused as a vendor without the aid of section 17, found the accused guilty and convicted and sentenced him to 21 ..... criminal revision application, the petitioner shri benoy krishna mukherjee, partner of shri guru bhandar, thangal bazar, imphal (hereinafter called 'the accused'), challenges the judgment 'dated 9-6-77, passed by the sessions judge, manipur, in criminal appeal case no. .....
Tag this Judgment!Court : Guwahati
..... he sought to assail the validity on the ground that the licence is in violation of section 8 (3) (c) of the rice milling act, so also of section 228 of the municipal act. ..... would not think, as already alluded, that the manipur electricity supply regulations are merely administrative instructions inasmuch as the same have been clearly made 'in exercise of the powers conferred by section 21 of the indian electricity act, 1910 (9 of 1910) ..... ..... the department reserves the right to disconnect the supply at any time if directed by the government of manipur who might issue such orders on being satisfied that the generating capacity is not sufficient to meet the demand or for any other reasons considered proper by the ..... are referred to clause 2 (a) of the aforesaid terms and conditions of supply finding place in appendix-a to the manipur electricity supply regulations which has defined the word 'consumer' to include his heirs, assigns and legal representatives. ..... if it be that the petitioner's right to receive the energy is controlled and governed by the manipur electricity supply regulations, we have no hesitation in holding that these regulations are statutory in character, as these were expressly made in exercise of the powers conferred inter alia by section 21 of the act. ..... learned advocate general has mentioned about this provision because the aforesaid manipur electricity supply regulations has been framed, inter alia, in exercise of the powers conferred by section 21 of the act. .....
Tag this Judgment!Court : Guwahati
..... municipalities act, 1916 under which the members can be removed ..... the nominated members, the supreme court held, do not have the will or authority of any residents of the municipal board behind them as may be present in the case of an elected member. ..... it is submitted by the learned counsel for the writ petitioners that members nominated to the village council in accordance with the provisions of sub-section (3) of section 3 of the act are to hold office during the pleasure of the government. ..... ladd/vc-31/94 dated 26-5-97 and in exercise of the powers conferred by subsection (3) of section 3 of the lushai hills district (v/c) act, 1953, the governor of mizoram is pleased to nominate the persons whose names appeared in the enclosed annexurc to this notification as members of village councils within aizawl district. ..... the instant writ petition we are concerned with the rights and status of the nominated members who, as per provisions of section 6 (1) are to hold office during the pleasure of the government. ..... to them, the said village council constituted under the lushai hills district (village council) act, 1953 consists of 8 members, out of which 6 are to be elected and 2 are to be nominated as per provision of section 3 (3) of the said act. ..... while in section 6 (1) the legislature has incorporated the pleasure doctrine, in other parts of the act it provided for removal of the president and vice-president under certain ..... (1994) 5 scc 267 : (1994 air scw 3329), sri jogenchandra borah v .....
Tag this Judgment!Court : Guwahati
..... communique stating that despite grave provocation, the administration had refrained from taking any action against those who had broken the laws, that the administration did not desire to stop the people of manipur from making claims in a constitutional manner, but that it was not wise to shout, abuse and misbehave and further that the administration which had been patient till then would be com-delled to take strong ..... that thousands of sympathisers remained standing outside.annexure 4 dated 16-4-60 pointed out that a new type of peaceful movement was needed and that from 20th april, a civil disobethence movement would be started in full swing throughout manipur by picketing peacefully at the offices in imphal and in the sub-division head-quarters and that government employees would be requested not to attend offices with effect from 20-4-60 and that all the public would be requested ..... another objection is that it will not be compliance of section 144(3) for a district magistrate to prohibit acts of the citizen in an area like the municipal limits of the town of imphal and suburbs wthin 5 miles around. ..... v.s, sundaram, district magistrate, manipur air 1955 manl 41, were cited showing a wider interpretation of the words in section 144(3).the perusal of all those decisions shows that the earlier decisions sought to place a very narrow construction on the words 'frequenting or visiting a particular place' and they were inclined to say that it will not .....
Tag this Judgment!Court : Guwahati
..... - in exercise of the powers conferred by section 7 read with section 46 of the police act, 1861 (v of 1861), the governor of manipur is pleased to order that the rules laid down in the assam police manual parts i to v shall be deemed to be the rules framed by the state government of manipur for application in the manipur police force, with such alterations and modifications, not affecting the substance, as may be necessary having regard to ..... no point of time, the provisions contained in assam police manual have been followed but the general law applicable for grant of pension to the government servants of the state of manipur have been applied to the members of the manipur police including rifleman and others serving in various battalions of manipur, except in the case of those employees who are members of any statutorily organised service. ..... the supreme court in the case of municipal corporation for city of pune and anr. ..... again, the letter dated 22.9.2001 (annexure-a/7) cannot be treated as a resignation under section 9 of the indian police act, 1861 read with rule 106 of assam police manual part iii as the letter ..... under the provisions of sections 7 read with section 46 of the indian police act for the state of manipur. ..... now, it is for the authority concerned to clarify the matter at the earliest so that an important section to the government servants who are rendering their valuable services for the state may have a clear law regulating their service conditions and for this case i .....
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