Court : Delhi
Reported in : ILR1980Delhi263
..... conclusions :(33) for the above reasons, we sum up our conclusions as follows : (1) the power of the government to supersede the municipal committee under section 238(1) of the punjab municipal act, 1911 can be exercised if (a) facts exist which can be objectively proved to be true or correct; and (b) from which the government can infer that the committee is incompetent, made persistent default or has exceeded or abused its power. ..... (28) does the impugned order state the reasons for it as required by section 238(1) of the punjab municipal act ; a basic distinction exists between the facts of a case and the conclusions of law or mixed law and fact drawn from these facts. ..... the 29th september, 1979 and the 25th february, 1980;and whereas the said committee has been incompetent to perform and has made persistent defaults in the performance of, the duties 'imposed on it under the law and has abused its powers, resulting into the wastage of municipal funds, on many occasions, some of which may be stated as under : (i) the construction of city centres contract was originally awarded ..... davis ('discretionary justice,' page 7), also distinguishes between two approaches to the judicial review of administrative action: 'one approach to the administrative process much the most common one is to regard it as an instrument for carrying out policies enacted by the legislative body and as an instrument for the proliferation of subordinate policies. ....... .....
Tag this Judgment!Court : Delhi
Reported in : 48(1992)DLT660; 1993(44)ECC101
..... which reference to the extension of the bengal finance (sales tax) act to delhi by issuance of a notification under part-c states (laws) act, 1950 the supreme court observed that 'the result of a notification issued under that section is that the provisions of the law which is extended become incorporated by reference, in the act itself, and, thereforee, a tax imposed therein is a tax imposed by parliament. ..... because the legislative power to enact such a fiscal statue was with the parliament under entry 84 of list-1, thereforee, the effect of the enactment of 1955 act was that the state excise laws in so far as they provided for levy of excise on medicinal and toilet preparations stood repealed. ..... section 24 of the said act is similar to section 21 of the punjab general clauses act and contains a provision regarding publication of draft proposed rules. ..... (a) dated 3rd march, 1987 issued under section 58 of the punjab excise act as extended to the union territory of delhi, isp rules, 1952 were amended and clause (ii) of rule 24 was deleted. ..... the impugned notification of 3rd march, 1987 clearly states that the isp rules are being amended by the administrator in exercise of the power conferred by section 58 of the punjab excise act, 1914. ..... (43) it was next contended that the notification dated 3rd march, 1987 bad not been published in accordance with the provisions of section 58 of the punjab excise act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1989CriLJ1995
..... it must therefore follow as a logical consequence that rule 3 of the prevention of food adulteration (punjab) rules, 1958 must be read subject to the provisions contained in section 20(1) of the prevention of food adulteration act, 1954 and cannot be -construed to authorise sub-delegation of powers of food (health) authority, punjab to the food inspector, faridkot. ..... after going through the file, the trial court convicted the petitioner under section 7 read with section 16 of the prevention of food adulteration act, 1954 (the act in short) and sentenced him to undergo rigorous imprisonment for 6 months and to pay a fine of rs ..... roy's case, (1986 cri lj 2037) (supra) that the prosecution for offences under the act not being an offence under, section 14 or section 14(a) can be instituted only by one of the following authorities, namely:(i) the central government, or the state government, or(ii) with the written consent of the central government or the state government, or(iii) a person authorised in this behalf by a general or ..... , the drafts men of rule 3 more or less employed the language of section 20(1) of the act if rule 3 were to be literally interpreted, the words 'to authorise the launching of prosecutions' may lead to the consequence that the food (health) authority who had been delegated the power of the state government under section 20(1) of the act could, in his turn, sub-delegate his powers to the food inspector. ..... eiv- 1-pb-73/1872 dated 9-3-1973 under section 9 of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC424; [1963]1SCR657
..... after receipt of this notice the collector of excise directed the suspension of the appellant's licence under section 36 of the punjab excise act, 1914 and thereafter proceeded under section 39 of that act to take over the management of the vend-shops which theretofore were under the management of the ..... as we were clearly of the opinion that the appeal must fail principally on the point that the suit was not maintainable because of the non-compliance of the terms of section 80 of the civil procedure code, we did not hear learned counsel about the merits of the appellant's complaint regarding breach of contract on the part of the state and the relief of which the appellant would be ..... it is, no doubt, true that a notice under section 80 is not a pleading and need not be a copy of the plaint and that no particular or technical form is prescribed for such a notice, still having regard to the object for which section 80 has been enacted we consider that the details which it contains should be sufficient to inform the party on whom it is served of the nature and basis of the claim and the relief sought, and in so stating the position we are ..... otherwise, treating the contract determined he will be forced to take the matter to law courts in which event the himachal government will be liable in addition to the damages; to costs and expenses that may accrue for the stated steps.' ..... notice mentioned in paragraph 20 of the plaint was not valid; it was defective and not according to law. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2182; (1969)2SCC823; [1970]2SCR375
..... -where a local authority has passed a resolution under section 3 or the state government has taken over management of aided schools of a local authority under section 5, the punjab municipal act, 1911, and the punjab district boards act, 1883, shall be deemed to have been amended in the manner specified in the schedule appended to this act with effect from the 1st october, 1957.section 52(1) of the punjab municipal act relates to the setting apart of the municipal funds ..... learned attorney general has also pointed out that the state legislature did not have the competence, under any of the entries in list ii of the seventh schedule, to enact legislation of the nature embodied in clause (g) which was inserted in section 52 relating to compulsory contribution by the committee to the state government. ..... schools after that date should be credit ed to the government in the treasury under the head 'without enacting any legislation the state took over all the schools run by the local bodies on october 1, 1957 ..... the state government can withdraw the grant-in-aid from any local authority in respect of aided schools if such authority does not pass a resolution in terms of section 3 within a period of three months from the date of enactment of the act (vide section 4). ..... was the creation of the government itself which had proceeded to take over management and control of the aided schools along with the properties pertaining to them without any authority of law prior to the enactment of the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H8
..... section 28 of the reform law did not altogether repeal the punjab law and the pepsu law, but kept preserved those laws, except to what was contained in the reform law as inconsistent to those laws ..... analytical perusal of the judgment of the learned division bench and keeping in view the above discussion, it has to be held that sub-section (5) and (7) of section 11 of the act of 1973, were not correctly interpreted in the said judgment and the decision in this regard is, thus, reversed and it is held as under:(1) sub-section (7) of section 11 of the act of 1973, will be attracted only in those cases where surplus area and the permissible area are determined by the collector under the ..... far as the transfers of land by virtue of devolution by inheritance on account of the death of a landowner were concerned, a further exception was introduced by enacting section 10-b, which is reproduced below:'saving by inheritance not to apply after utilization of surplus area. ..... the rule of construction is well settled that when there are in an enactment two provisions other, they should be so interpreted that, if possible, effect could be given to ..... while enacting these provisions had clearly in view the surplus area determined under the aforesaid three enactment's. ..... only in rare and exceptional cases where the plain meaning of the words used would lead to absurd conclusions or would be destructive of the very purpose for which the legislation sought to be interpreted happens to be enacted.' 14. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H313
..... while section 28(1) repeals only those provisions of the punjab law or pepsu law in so far as they are inconsistent with the provisions of the act, the saving clause contained in section 28(2)(i) still provides that the proceedings for the determination of the surplus area pending immediately before the commencement of the act, whether under the punjab law or under the pepsu law, shall be continued and disposed of as if the act had not been passed and the surplus area so determined shall vest in, and be utilised by, the state ..... when an order under section 18 of the punjab law is passed and the land is transferred to the tenant subject to the condition of payment of compensation to the land-owner right of both the parties stand determined both the sides suffer rights and liabilities and such right ad liabilities have been kept intact in spite of the repeal of he previous enactment. ..... if sub-section (2) of section 5 of the act had not been enacted, it could reasonably be argued that selection can be made by a landowner for himself and also for his adult sons out of the entire land owned by him on the appointed day, including he unutilised surplus area declared under the punjab law or the pepsu law, but the doubt, if any, has been removed by making a clear provision in sub-section (2) as to how the selection is to be made. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)137PLR348
..... fulfil the condition of his being a tenant on 15.4.1953 on the land proposed to be purchased by him under section 18 of the punjab security of land tenures act, 1953.secondly those tenants who are ejected but resettled surplus land, but otherwise fulfil all the statutory conditions as contemplated under section 18 of the punjab security of land tenures act, 1953.a careful perusal of the evidence advanced by the petitioner would go to prove that he does not fall ..... 1, a full bench of the gujarat high court has made an extremely lucid enunciation of law on the subject and we can do no better than to extract some of the observations ..... an analysis of the provisions reproduced above shows that notwithstanding anything to the contrary contained in any law, usage or contract, a tenant can apply for purchase of land if he proves that (a) he has been in possession of the land under his tenancy for a continuous period of six years on the date of application, ..... law because the same did not satisfy the conditions enumerated in section 18 of the act. ..... giving 'reasons flows as a necessary corollary from the rule of law which constitutes one of the basic principles of the indian constitutional set ..... in this regard a distinction has been drawn between ordinary courts of law and tribunals and authorities exercising judicial functions on the ground that a judge is trained to look at things objectively uninfluenced by considerations of policy or expediency whereas an executive officer generally looks at .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H430
..... making it and also with such explanation, if any, as the committee may wish to offer, and the commissioner or government, as the case may be, is empowered thereupon to confirm, modify or rescind that order.section 236 confers power on the slate government and the deputy commissioners acting under the orders of the state government to require the committees to act in conformity with law and the rules in force under any enactment for the time being applicable to the committee. ..... reads as follows: --'whereas the municipal committee of kharar in the ambala district is incompetent to perform and has persistently made default in the performance of duties imposed on it by or under the punjab municipal act, 1911--now, therefore, in exercise of the powers conferred by section 238 of the aforesaid act, the governor of punjab hereby directs that the said municipal committee of kharar in the ambala district shall be superseded with immediate effect and directs that all powers and duties of the ..... was in the following terms:--'in exercise of the powers conferred by sub-section (1) of section 33b of the industrial disputes act 1947, the governor of punjab is pleased to withdraw all the references pending before the second industrial tribunal, punjab amritsar and to transfer the same for adjudication and disposal to the industrial tribunal, punjab, jullundur, constituted vide notification no 7183-c-lab.57/11196 dated 4-6-1957, from the stage it had been left by the previous tribunal. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H238
..... in 1953 and not one case has been found in which it has ever been suggested, let alone held, by any court that when jats, as the present parties are, fall back on hindu law because of the provisions of section 5 of the punjab laws act of 1872, they are by some fiction in any circumstances, to be deemed to ever form a co-parcenary or a joint hindu family, or to be taken as possessed of co-parcenary or joint family property.assistance can be obtained to meet the particular situation of a particular ..... it has to be remembered that from various sources a daughter-in-law can have maintenance, the father-in-law, is the last source, and it appears clear that the parliament enacted this provision, in spite of the existence of section 6 (proviso and explanation 1) of act 30 of 1956, out of abundant caution. ..... not ever come to have any obviously will thus not ever come tot have any claim under sub-section (2) of section 19 of the act and it is pointed out that this would mean that sub-section (2) of section 19 of the act is redundant whereas legislature never enacts a redundant provision. ..... these rights of maintenance in the latter class of widowed daughter-in-law were made legal in consonance with the policy followed in the enactment of the hindu marriage act, 1955, the hindu succession act, 1956, the hindu minority and guardianship act, 1956it follows that the expression 'any co-parcenary property' means ancestral property accretions thereto and the property thrown into common stock .....
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