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Purna Kanta Saikia Vs. State of Assam and ors.

Court : Guwahati

..... the contention of the petitioner is that the settlement was governed by the northern india ferries act of 1878 and that the present settlement is in contravention of the act and rules framed under section 12 of the act which were applicable to all public ferries other than steam ferries and under those rules the settlement in question would be competent if only made by the deputy commissioner or the civil sub-divisional officer by auction, and the settlement had to be approved by the chief engineer and not by ..... the petitioner further contended that the action of the state government amounted to violation of section 8 of the northern india ferries act and the state government exceeded its rights given under that section by making the settlement themselves for which there was no sanction under the act or the rules framed thereunder. ..... we have, therefore, to examine whether any power is left with the government for the purpose of direct settlement purporting to act under section 8 of northern india ferries act on any occasion they so desire. ..... lakhinath das, ilr (1954) 6 assam 502 has been cited as a precedent by the learned advocate for the petitioner in support of his contention, but that case refers only to the first part of section 8 of the northern india ferries act and does not deal with the second part with which we are concerned in this case, even though there may be some observations favouring the stand taken by the petitioner. 14. .....

Bheem Thakur Vs. District Board, Ballia and anr.

Court : Allahabad

Reported in : AIR1958All464

..... question for consideration in this case is whether the dues can be realised under section 9 of the northern india ferries act (hereinafter referred to as the act).7 ..... the words used in section 9 of the northern india ferries act are:'all arrears due by the lessee of the tolls of a public ferry on account of his lease ..... against the petitioner are justified under section 9 of the northern india ferries act.5. ..... (b)any other sum declared by this act or by any rule or by law made thereunder, or under the northern india ferries act to be recoverable in the manner provided by this chapter, the board ..... northern india ferries act is act ..... case it was held by a learned single judge of lahore high court that the district board cannot proceed to recover the balance of lease money by an application to a magistrate under section 9 of the northern india perries act.15. ..... there is nothing in the district boards act or in the northern india perries act to prevent the district board, ballia from drawing the attention of the district magistrate of ballia to the fact that the lease money has been paid up ..... board merely proceeded to avail of a remedy provided by the northern india perries act. ..... ' the conditions necessary for taking action under section 9 of the act are: (1) public ferry, (2) lease to collect tolls, and (3) arrears due by the lessee all these conditions are fulfilled in the ..... out that, section 7a was not in the original act of 1878. ..... of the district boards act deals with recovery of certain claims. .....

Ram Deo Singh Vs. Executive Engineer, P.W.D. and ors.

Court : Allahabad

Reported in : AIR1977All527

..... was urged that there is an essential difference between a public auction and a settlement by tender,and as section 8 of the northern india ferries act contemplates settlement of ferries for a period of less than five years only by public auction, resort to the system of tender was uncalled for. ..... the ferry is a public ferry and governed by the provisions of the northern india ferries act, 1878 and rules framed ..... . we do not feel inclined to go into this aspect of the controversy for we feel that even if the petitioner could claim to be the owner of the steamer, and it be treated as a power barge, the petitioner has not complied with the condition of the requisite certificate of fitness ..... the commissioner vara-nasi division appears to have considered the respective claims of the tenderers,and held that as the petitioner was not the owner of the steamer and as the steamer was fit to be used only on smooth water, the executive engineer was right in not opening ..... is settled that a bidder at an auction has no vested right and cannot claim that his bid be accepted (see the state of orissa v. ..... but the petitioner at this stage does not claim, that the tender offered by him be ..... . the petitioner in order to claim a right to his tender being opened, had to establish that the conditions required in the present case, were fulfilled, but has failed to ..... all that he claims is that his tender be opened and the respondents be directed by a mandamus not to give effect to the tender of respondent .....

Shyam Lal Vs. District Board of Agra and ors.

Court : Allahabad

Reported in : AIR1956All7

..... such a declaration was made by means of a notification issued by the government and published at pages 109 and 110 of part i of the north-western provinces and oudh gazzette of february 17, 1883, which was issued under the northern india ferries act, 1878. ..... the word 'ferry' itself has not been defined in section 3 of the northern india ferries act, no. ..... incurs no expenditure over their maintenance.i do not think, in the view that i have taken on the first point, it is necessary to decide this question, nor do i think it is necessary to decide the third point, argued by the learned counsel for the petitioners, that the power conferred on the state government to exempt certain persons and vehicles from toll tax is invalid inasmuch as it confers ungraded and arbitrary powers on the government to favour some persons and ..... section 14 lays down that whoever uses the approach to, or landing-place of, a public ferry is liable to pay the toll payable for crossing such ferry.section 15 says that tolls, according to such rates as are from time to time fixed by the state government, shall be levied on all persons, animals, vehicles and other tilings crossing any river by a public ferry, and not employed or transmitted on the public service. .....

Raj Kishore and Others Vs. Commissioner, Gorakhpur Division and Others

Court : Allahabad

Reported in : 2001(2)AWC1236

..... counsel has contended that section 4 of northern india ferries act, 1878, contemplates a public ferry and a private ferry and the state has no right to let out the right to collect tolls on private ferry. ..... it may be noticed that this act was enacted in 1878 and as the preamble of the act shows, the object of the act is to regulate ferries in northern india. ..... northern india ferries act can be of no assistance to the petitioners for thepurpose of establishing their title over the ferry in dispute in view of the vesting of the ferry with the state under section 6 of the act.6 ..... section 4 (b) of this act no doubt gives power to the state government to take possession of private ferry and to declare it to be a public ferry ..... having considered the submission of the learned counsel for the petitioners and the material on record, we are satisfied that the petitioners have failed to establish any title over the ferry in question and, therefore, they cannot object to the advertisement issued inviting tenders for giving the right to collect tolls on the ..... the seven petitioners claim that they are mallah/nishad by caste and have been running a ferry from time immemorial over the aforesaid ..... in support of their claim, the petitioners rely upon khatauni of 1359-fasli of village baikunthpur where the name of bhujawan and others were recorded over khata ..... they further claim that baikunthpur ghat was being managed by the fore-fathers of the petitioners from ages and their families are depended upon the .....

State of Assam Vs. Tulsi Singh

Court : Supreme Court of India

Reported in : [1962]Supp3SCR508

..... short question that arises for our decision in this appeal is whether the settlement by the executive engineer, golaghat in the state of assam, of the ferry at neperpatty on the second respondent, phuka chandra gohain, on january 23, 1961 was in accordance with the provisions of the northern india ferries act, 1878, hereinafter referred to as 'the act', and the rules ..... the lessee shall conform to the rules made under this act for the management and control of the ferry, and may be called upon by the officer in whom the immediate superintendence of the ferry is vested, or, if the ferry is managed by a municipal or other public body under section 7 or section 7a, then by that body, to give such security for his good conduct and for the punctual payment of the rent as the officer or body, as ..... up to public auction, the said officer or body, as the case may be, or the officer conducting the sale on his or its behalf, may, for reasons recorded in writing, refuse to accept the offer of his highest bidder, and may accept any other bid, or may withdraw the tolls from auction.' ..... and the authorities would be exercising their discretion properly in refusing to accept the bid of a smuggler, because, to put such a person in charge of ferries must help to evade the prohibition laws, and that would be a relevant factor under rule 19(iii). ..... section 8, provides that the officer conducting the sale may, for reasons recorded in writing, refuse to accept the offer of the highest ..... section 8 of the act .....

Chandra Bali Prasad and ors. Vs. Rex

Court : Allahabad

Reported in : AIR1952All795

..... magistrate, nighawan in the district of kheri, in which after giving the facts he prayed that the present applicants and one other, namely, kunwar har nandan prasad, who is now dead, should be punished for having infringed the provisions of section 13, northern india ferries act. 4. ..... an application in revision by four persons, kunwar chandra bali praaad, kunwar ambika prasad, kunwar madho ram and kunwar raghuraj prasad who have been convicted under section 23, northern india ferries act, and sentenced to pay a fine of rs. ..... rule purports to have been made by virtue of the authority conferred upon the commissioner by section 19 of the act which provides as follows: 'the commissioner of the division may, with the previous sanction of the provincial government from time to time, make rules for the maintenance of order and for the safety of passengers and property at ferries other than public ferries.' 5. ..... lower courts have convicted the applicants but the conviction is under section 19 read with section 23 of that act because the complaint itself disclosed that the ferry in question was not a public ferry to which section 13 applies but a private ferry. ..... on 30-9-1946, the claim was decreed but, an appeal having been filed in the chief court, proceedings in execution of the decree were stayed ..... was consequently brought against him and others in the civil court, claiming possession of the land in village nawapur, for mesne profits and an injunction directing mansadin not to ply the ferry. .....

Deo Prayag Singh Vs. Uttar Pradesh Government

Court : Allahabad

Reported in : AIR1961All145

..... his aforesaid partners all of whom were jointly and severally liable for the dues in respect of the birdghat ferry lease which were realisable as arrears of land revenue under the land revenue act read with section 9 of the northern india ferries act and, therefore, the suit was barred by section 233(m) of the land revenue act, as it then stood because suits could not be instituted in civil courts with respect to claims connected with or arising out of the collection of land revenue (otherwise than ..... . the plaintiff's claim for damages was, however, dismissed on the ground that the crown was not liable to pay compensation for the illegal acts of its servants but was bound to make restitution to the extent it had benefited by the illegal acts ..... . xvii) of 1878 runs as follows: 'all arrears due by the lessee of the tolls of a public ferry on account of his lease may be recovered from the lessee or his surety (if any) by the magistrate of the district in which such ferry is situate as if they were arrears of land revenue ..... . in that case, it was recognised that had there been a charge of mala fides then despite the fact that the jurisdiction of the civil court had been ousted by the sea customs act, 1878, a suit could be entertained .....

Dewan Joynal AbedIn Vs. Abdul Wazed Alias Abdul Wazad Miah and ors.

Court : Supreme Court of India

Reported in : JT1987(4)SC642; 1987(2)SCALE1447; 1988Supp(1)SCC580; [1988]2SCR370

..... the management of a public ferry is governed by the provisions of the northern india ferries act, 1878 (hereinafter referred to as 'the ferries act') which has been extended to the state of assam. ..... section 12 of the ferries act makes provision for the promulgation of rules which inter alia may provide for the control and the management of all public ferries within a division and for regulating the traffic at such ferries; for regulating the time and manner at and in which, and the terms on which, the tolls of such ferries may be let by auction, and prescribing the persons by whom auctions may be conducted and when the tolls of the ferry have been let under section 8 of the ferries act for collecting ..... the rents payable for the tolls of such ..... the question for consideration is whether a person who takes on lease a ferry under section 8 of the ferries act becomes disqualified for contesting the election to the state legislature under section 9-a of the act. .....

Sri Satya NaraIn Singh Vs. District Engineer, P.W.D. and anr.

Court : Supreme Court of India

Reported in : AIR1962SC1161; [1962]Supp3SCR105

..... section 15 of the northern india ferries act, 1878 runs thus : 'toll, according to such rates as are from time to time fixed by the state government, shall be levied on all persons, animals, vehicles and other things crossing any river by a public ferry and not employed or transmitted on the public service : provided that the state government may from time to time, declare that any persons, animals, vehicles or other things shall be exempt from payment of such ..... from the state owned stage carriage buses when he was informed by a letter by the first respondent that he should allow the roadways buses to use the ferry for crossing and recrossing the river on credit till march 31, 1954 and should thereafter submit his bill with respect to the tolls to the roadways department of the government ..... , crossing the river by public ferry at pipraghat, district ballia was bound to allow state carriage buses belonging to the government of uttar pradesh to cross the river by the ferry without collecting any toll or was entitled to claim abatement of rent from the government under the proviso to ..... we may incidentally mention that apart from the reliefs above referred to, the appellant claimed two more reliefs, one of which was to pass any such other and further order as may be deemed fit and proper. ..... however, held that the appellant may be entitled to claim abatement of rent or licence fee under the general law but that such a relief could be claimed only in a suit but not a proceeding under art .....