Court : Allahabad
Reported in : 2005(3)AWC2818; 2005(3)ESC1662
..... other misconduct whether committed before or after the commencement of the uttar pradesh urban local self-government laws (amendment) act, 1976, whether as president or as vice-president exercising the powers of president, or as vice-president or as member;(ix) caused loss or damage to any property of the municipality; or(x) misappropriated or misused of municipal fund; or(xi) acted against the interest of the municipality; or(xii) contravened the provisions of this act or the rules made thereunder; or(xiii) created an obstacle in a meeting of the municipality in such manner that it becomes impossible for the municipality to conduct its business in the meeting or instigated someone to do so; or(xiv) willfully ..... state of punjab, air 1963 punj 280, the punjab high court while considering a similar provision held as under:-'......the suggestion being that the expression 'flagrantly' indicates that the abuse of position must have occurred over a long period of time and in connection with repeated acts. ..... the hon'ble apex court examined the provisions of the punjab municipal act, 1911, providing for the procedure of removal of the president of the municipal council on similar grounds in tarlochan dev sharma v. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1066; (2004)1UPLBEC684
..... 1963 punj 280, the punjab high court held as under :'the expression 'flagrantly abuses his position, as a member of the committee' used in section 16 (1) (e) of the punjab municipal act 3 of 1911, cannot be said to carry the implication that even if the petitioner had broken the law to the detriment of the municipal committee on one or two occasions, it cannot be said that he had 'flagrantly abused his position', the suggestion being that the expression 'flagrantly' indicates that the abuse of position must have occurred over a long period of time and in connection with repeated ..... municipalities (amendment) act, 2001, by which the provisions of section 87a stood repealed/omitted. ..... , in its opinion, while being a member during the current or the last preceding term of the board, acting as president or a vice-president, or chairman of a committee, or member, or in any other capacity whatsoever, has, whether before, or after the commencement of the uttar pradesh urban local self-government laws (amendment) act, 1976, so flagrantly abused his position, or so wilfully contravened any of the, provisions of this act or any rule, regulation or bye-law, or caused such loss or damage to the fund or property of the board, as to render him unfit to continue as a member .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1757; (2004)2UPLBEC1235
..... misconduct whether committed before or after the commencement of the uttar pradesh urban local self-government laws (amendment) act, 1976, whether as president or as vice-president exercising the powers of president, or as vice-president or as member;(ix) caused loss or damage to any property of the municipality; or(x) misappropriated or misused municipal fund; or(xi) acted against the interest of the municipality; or(xii) contravened the provisions of this act orthe rules made thereunder; or(xiii) created an obstacle in a meeting of the municipality in such manner that it becomes impossible for the municipality to conduct its business in the meeting or instigated someone to do so; or(xiv) willfully ..... the hon'ble apex court examined the provisions of the punjab municipal act, 1911, providing for the procedure of removal of the president of the municipal council on similar grounds in tarlochan dev sharma v. ..... similar view has been reiterated in punjab and sindh bank and ors. v. ..... state of punjab and ors. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)AWC426
..... section 23, of the punjab municipal corporation act, 1976 which empowered the corporation to levy octroi on articles and animals imported into the city' was read down to mean articles and animals 'imported into the municipal limits for purposes of consumption, use or sale, since a wide construction would have made the provision unconstitutional being in excess of the power of the state legislature conferred by entry 52 of list ii of 7th ..... is to navigate around these two obstacles of article 311 and article 14 that the amending act is sought to be made retrospective to bring about an artificial situation as if the erstwhile municipal employees never became members of a service under the state. ..... : [1964]6scr784 the supreme court while construing section 40(1)(aa) of the land acquisition act, as amended by act 31 of 1962 construed the words 'building or work' to such building or work which would subserve the public purpose of the industry or work in which the company for which acquisition is made, is ..... , in 1978 before the amending act was passed, thanks to the provisions of the principal act of 1961, the ex-municipal employees who had been allocated to the panchayat service as secretaries, officers and servants of gram and nagar panchayats, had achieved the status of government servants ..... be noted that in the aforesaid decision of the supreme court the factual position was that certain employees of municipalities had by an amendment of 1961 been made employees of the state government. .....
Tag this Judgment!Court : Allahabad
Reported in : [2004]134STC436(All)
..... municipal corporation, jullundhar : air1993sc844 , section 113 of the punjab municipal corporation act, 1976 which empowered the corporation to levy octroi on articles and animals 'imported into the city' was read down to mean articles and animals 'imported into the municipal limits for purposes of consumption, use or sale', since a wide construction would have made the provision unconstitutional being in excess of the power of the state legislature conferred by entry 52 of list ii of the ..... . state of madras : [1966]60itr112(sc) the supreme court following the decision of the federal court in in re, hindu women's right to property act, 1937 and hindu women's rights to property (amendment) act, 1938 ; observed :'there is general presumption that a legislature does not intend ..... : [1964]6scr784 the supreme court while construing section 40(1)(aa) of the land acquisition act, as amended by act 31 of 1962 construed the words 'building or work' to such building or work which would subserve the public purpose of the industry or work in which the company, for which ..... , observed :'if that word 'property' necessarily and inevitably comprises all forms of property, including agricultural land, then clearly the act went beyond the powers of the legislature ; but when a legislature with limited and restricted powers makes use of a word of such wide and general import, the presumption must surely be that it is using it with reference to that kind of property with respect to which it is competent .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(4)AWC3597; (2005)1UPLBEC966
..... there is no dispute between the parties that the amendment as proposed under para 2 of the amendment application should have been allowed or no objection has been raised by the defendant against the said amendment then the grievance relating to amendment done in pursuance to para 1 of the amendment application seems to be neither just nor proper under the facts and circumstances of the case.12. ..... while passing the impugned order and allowing the amendment application, the learned trial court by the impugned order dated 5.2.2004 had allowed the amendment application with the observation that the impugned amendment shall not change the nature of the suit and does not mean to add ..... equivalent notices under section 278 of the bombay municipal corporation act are for the benefit of the respondents and the same can be waived as they do not got to the root of jurisdiction in the true sense of the term.16. ..... the high court has observed that even assuming that it would have been more appropriate for the receiver to show in the cause title that it was the firm which was the real plaintiff and that the firm was suing through him it was merely a case of misdescription and that the plaint could be amended at any time for the purpose of showing the correct description of the ..... arrayed as party through the collector, lucknow, the natural outcome was that, from the array of the party the proposed amendment as contained in para 1 of the amendment application should have been ..... india, state of punjab v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All241
..... a full bench of the punjab and haryana high court has considered this conflict and held by a majority, that the principle enunciated in the municipal corporation's case : (1971)3scc821 is the correct one and ought to be followed (vide indo swiss times ltd. v. ..... ), applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this act to the high court from the award, or from any part of the award, of the court and from any decree of the high court passed on such appeal as aforesaid an appeal shall lie to the supreme court subject to the provisions contained in section 110 of the code of civil procedure, 1908, and in order xlv thereof ..... as amended by the karnataka amendment act, s. ..... 20 as amended by karnataka amending act.17. ..... section 3(b), which defines the expression 'person interested', reads:--'(b) the expression 'person interested' includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;'section 18 entitled a person who has not accepted the award to apply to the collector to refer the matter to the court both with respect to the quantum of compensation as well as apportionment thereof. ..... 20 of the land acquisition act was amended. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All488
..... i cannot comprehend why the word value in the phrase value of the consequential relief in the first proviso to section 7(iv)(a) should not receive the construction which the word 'valued' has already judicially received before the 1938 amending act. ..... the mover of the bill which later became the 1938 amending act had expressed the belief that the act was being made 'more explicit in its provisions, precise in its expressions and fair and equitable in the levy of fees'. u. p. ..... the act was substantially amended in uttar pradesh thereafter, and the provision corresponding to original section 7(iv)(c) is contained in section 7(iv)(a) of the amended act which read as follows:'7. ..... the question of the applicability of section 7(iv)(c) of the original act or of section 7(iv)(a) of the amended act arises only when a declaratory relief and another relief have been asked for either as one composite relief or as two distinct reliefs.8-a. ..... the manner in which the relief claimed under section 7(iv)(a) of the amended act has to be valued is provided for under the two provisos to that sub-section. ..... gardarni daljit kaur , a division bench of the punjab high court dissented from the view taken in air 1941 lah 97 (fb) (supra) and held that the second, third and fourth tests laid down in kalu ram's case, : air1932all485 were not justified. ..... tuticorin municipality : air1955mad212 . ..... municipal board, allahabad, : air1958all41 a division bench of this court consisting of v. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)AWC696; (2005)2UPLBEC1200
..... municipal corporation : air1993sc844 , section 23 of punjab municipal corporation act, 1976, which empowered the corporation to levy octroi on articles and animals 'imported into the city' was read down to mean articles and animals 'imported into the municipal limits for purposes of consumption, use or sale,' since a wide construction would have made the provision unconstitutional being in excess of, the power of the state legislature conferred by entry 52 of list ii of 7th schedule.38. ..... we may contrast the language used in the new section 65 of the rajasthan municipalities act after its amendment in 1994 with the language used in section 54 of the u. p. ..... : [1964]6scr784 the supreme court while construing section 40(1)(aa) of the land acquisition act, as amended by act 31 of 1962 construed the words 'building or work' to such building or work which would subserve the public purpose of the industry or work in which the company, for which acquisition is made, is engaged. ..... in that judgment the old section 65 of the rajasthan municipalities act, 1959, prior to its amendment in 1994 and the new section 65 has been quoted. ..... municipalities act and section 65 of the rajasthan municipalities act after its amendment in 1994. ..... municipalities act in conformity with part ix-a of the constitution amendments were made in the u. p. ..... municipalities act, 1916, be declared ultra vires article 243r of the constitution which was introduced by the 74th constitutional amendment.2. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All247
..... the effect of the amendment was that all the members of the house of people and the state legislative assembly whose constituencies include the whole or any part of the limits of a municipality became ex-officio members of the municipal board of that municipality. ..... the resignation shall be delivered at the office of the district magistrate of the district, in which the municipality is situate who shall forthwith inform the president and shall forward the resignation to the state government,' can it be said that a member of the board if he hands over 'his resignation letter to his domestic servant, a servant or an employee of the municipal board or any assistant in the office of the district magistrate, has ceased to be a member of the board. ..... 'the section was amended by act 7 of 1949 and in its amended form it stands even today. ..... 'whatever may have been or is position in england the law dealing with the resignations of the members of municipal board is contained in section 39 of the municipalities act. ..... officer (air 1961 sc 1500); state of punjab v amar singh (air 1966 sc 1313) and an unreported judgment of r.s. .....
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