Judgment Search Results Home > Cases Phrase: the punjab municipal amendment act 2012 Sorted by: old Court: rajasthan Page 1 of about 265 results (0.089 seconds)

Darshana Gupta Vs. None and Another

Court : Rajasthan Jodhpur

..... section 41 of the act of 2000 as amended by act no.33 of 2006 reads as under: 41. ..... if the 2000 act is held to be inconsistent with the 1956 act, when passing the later act parliament impliedly amended the hindu adoptions and maintenance act, 1956, to permit adoption of children in the specified subclass, irrespective of whether a person has children of the same sex." 6. ..... as observed herein above, sub-section (6) of section 41 of the act of 2000 empowers the court to allow appellant/parents to adopt a child of same sex irrespective of the number of living biological sons or daughters, the embargo envisaged under clause (ii) of section 11 of the act of 1956 is to yield before the act of 2000 as it is a special legislation and the act of 1956 is a general law applicable for hindus. ..... similar is the ratio of the another judgment of bombay high court in indian association for promotion of adoption and child welfare and christopher drury and shenz drury, wherein it was held that a couple already adopted one girl child is entitled to adopt another girl child under the act reported in 1 fap 1/2012 decided on january 13, 2012. ..... (supra), high court of punjab and haryana, while relying on the decision of bombay high court in payal @ sharinee vinay pathak and anr. ..... " municipal council, palai v. t.j. .....

Khot Vs. the Rajasthan State and ors.

Court : Rajasthan

Reported in : AIR1952Raj87

..... for example, section 13 of the punjab municipal act provides in sub-section (3) that 'notwithstanding anything contained in sub-section (2) or in any rules made by the local government thereunder, an outgoing member shall, unless the local government otherwise directs, continue in office until the date fixed for the meeting at which his successor is required to take the oath of allegiance. ..... that date an order was passed under section 9, sub-section (2) of the act of 1943, which was published in the rajasthan gazette of the 20th of may 1950, in the following terms:'in pursuance of sub-section (2) of section 9 of the jodhpur municipal act, 1943, it is hereby notified for general information that the government have been pleased to terminate the term of the office of the present members of the jodhpur municipality with effect from the date of the publication of this notification in the rajasthan raj-patra. ..... comes section 232, which is as follows: 'in case of emergency the minister-in-charge may provide for the execution of any work or the doing of any act which the board is empowered to execute or do and the immediate execution or doing of which is in his opinion necessary for the safety of the public and may direct that the expense of executing the work or doing the act shall be forthwith paid from the municipal fund. ..... in any case, whatever the difficulties, the jodhpur municipal act has to be interpreted as it stands, and the only remedy left to government is to amend the act.14. .....

Dhannalal and ors. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1964Raj106

..... he contends that the notification of the state of rajasthan dated 1-4-1960 pursuant to the amending act of the rajasthan entertainment tax act by which the additional entertainment tax has been imposed on him is illegal on the ground that the amending act 8 of 1960 (hereinafter referred to as the amending act) is invalid as it did not receive the assent of the president as the parent act did. ..... that section 6-a of the rajasthan en-tertainment tax act introduced by the amending act confers an uncontrolled power on the state government to leyy the tax and, therefore, it is bad in law.2. ..... section 6-a of the amending act authorises the levy, charge and payment to the state gov-ernment of certain tax in addition to the entertainment tax from such date which the state government may appoint. ..... the petitioner has now moved this petition under article 226.it is contended that the additional entertainment tax is not leviable on the petitioner because the cinema of the petitioner is situate not within the abu road municipal limits but in the railway colony which is not hit by the notification issued for the collection of the additional entertainment tax; that the collection of this tax is in the nature of a profession tax the limits of which cannot exceed rs. ..... the learned judicial commissioner adopted the view taken by the madhya bharat high court and no reference was made to the punjab case air 1956 punj 203. .....

Atma Singh and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1967Raj239

..... in that case prior to 13th august 1959, the rules framed under the punjab municipal act required that an election to a municipal committee should be held on the basis of electoral roll prepared for election to the punjab legislative assembly. ..... the amendment was the addition of a proviso that the government may, if so inclined, direct that the punjab legislative assembly roll shall not be used for the municipal election and a fresh roll in accordance with rules 8-a to 8-k, which were added shall be prepared. ..... sometime in the beginning of august 1959, the punjab government decided to amend the rules, although the amendment was made on the 13th august and published on the 14th august. ..... (i) as soon as may be after the annual revision of the assembly electoral roll relatable to the area of any ward has taken place, the returning officer shall prepare, with reference to the qualifying date, a list of amendments to the electoral roll for the time being in force for such ward on the basis of- (a) additions, omissions, alterations or other amendments made in the assembly electoral roll relatable to the area of the ward; and (b) information supplied by the occupants of dwelling houses and by access to birth and death registers and such other information .....

K.N. Joshi Vs. the State of Rajasthan

Court : Rajasthan

Reported in : AIR1972Raj168; 1972()WLN92

..... tewari that the effect of the amendment of section 9 of the parent act is only to do away with the representatives elected by the municipal council, otherwise in substance the constitution of the trust is the same and there is not any material alteration in the constitution thereof.4. mr. ..... the validity of the ordinance is also questioned on the ground that the assent of the president was not obtained especially when the parent act which stands amended by the ordinance was assented to by the president, it is argued that the rajasthan urban improvement act, 1959, was enacted with the assent of the president, and, therefore, it can be amended by such law which has also received the assent of the president. ..... 5 of list ii of vii schedule of the constitution then there was no necessity to secure the assent of the president, even though the parent act, which stands amended by the impugned ordinance, got the assent of the president, regarding the arbitrary nature of power alleged to have been conferred on the executive of the state government it was argued by mr. ..... state of bihar, air 1950 pat 332; state of punjab v. .....

Brij Kishore Vs. Ram Niwas

Court : Rajasthan

Reported in : 1972WLN89

..... in the third place looking at the wordings of sub-clause (xiii) it appears that simultaneously with the amendment of main section 26 of 'the act' in the year 1961, when the words 'and for being' between the words 'being chosen as' and 'a member of a board, were deleted, the wordings of sub-clause (xiii) also needed suitable amendment, because as it is it' refers to a person employed as a paid legal practitioner on behalf of the board or against the board after his election to the board the main section 26 of 'the act' originally stood as follows:26. ..... ram niwas were not that of master and servant, but that of client and counsel only, as the contract between them was professional only; as there is no post of 'an advocate for municipal board, sarwar according to the rajasthan municipal service rules, 1960 or rajasthan municipal subordinate and ministerial service rules, 1963, as shri ram niwas did not get any salary from municipal board, sarwar, but got his 'fee' 'mehantana' only; and as shri ram niwas had ..... in the punjab authority it was held that when two provisions of a statute are in conflict with each other an effort should be made to reconcile than. ..... state of punjab the learned counsel for respondent while drawing my attention to the provision of sub-clauses (viii) and (xiii) of section 26 of 'the act' urged that when the case was covered specifically by sub-clause (xiii) recourse can not be taken to sub-clause (viii) as it was a general provision only. .....

Municipal Council Vs. Sita Ram

Court : Rajasthan

Reported in : 1975(8)WLN792

..... the above object of the act and the intention of the legislature as revealed by the fact that a minimum sentence of imprisonment for a period of six months and a fine of rupees one thousand has been prescribed, the courts should not lightly recreate to the provisions of the probation of offenders act in the case of portents above 21 years of age found guilty of offences under the prevention of food adulteration act....the kindly application of the probation principle is negatived by the imperatives of social defence and the ..... on his behalf imports into india or manufactures for sale, or stores, sells or distributes any article of food(i) which is adulterated or misbranded or the sate of which is prohibited by the food (health) authority in the interest of public health;.he shall, in addition to the penalty, to which he may be liable under the provisions of section 6, be punishable with imprisonment for a term which shall not be less than six months but which may extend to six years ..... the court of municipal magistrate, first class, jaipur against the accused respondent sitaram for his prosecution under section 7/16 of the act ..... profit matting from numbers of consumer furnishes the incentive not easily bum cited by the therapeutic probationary measure, it is not without significance that the recent report (47th report) of the law commission of india has recommended the exclusion of the ac to social and economic offences by suitable amendments. ..... the state of punjab ..... the state of punjab ..... punjab .....

Har Govind Pant Vs. Chancellor, University of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1978Raj72

..... a meeting between them obviously brought about the university of rajasthan (amendment) act, which was passed by the state legislature on july 29, 1977, and also led to the appointment of three commissions of enquiries into affairs of the three universities. ..... it was further urged that even if control is held necessary for making or for bringing about an employment either by virtue of the term 'employment' or by virtue of the word appearing in article 319 such a control was very much there in the case of the governor, because the president is the appointing authority of the governor and the latter remains in the office during the pleasure of the former, it was also urged that as the tenure of the office of the governor is at the pleasure of the president, it is a case of control plain and simple. ..... in punjab, when speaker jogender singh man adjourned the assembly on march 7, 1968 for a period of two months during budget sessions, the adjournment of legislative assembly in the month of march would have meant that the budget would not have been passed. ..... municipal corporation of delhi, air 1977 sc 567, upheld the order of the high court dismissing a writ petition in limine though it contained allegations of mala fides. .....

Parmeshwar Lal Vs. the State of Rajasthan and 14 ors.

Court : Rajasthan

Reported in : 1981WLN178

..... section 7 of the employment exchange act, 1959 provides for penalties and it is only the failure to notify the vacancies that has been made punishable.in this case of punjab and haryana, the court was concerned, with the employment made by the municipal committee, amritsar.20 ..... has been passed.it sounds curious that inspite of the working of the employment exchange act for more than 2 decades, the respondents have not thought it proper to make necessary amendment in the law in order to strengthen their policy by barring employment without the employment exchange by giving statutory force by legislation. ..... is well established law that service conditions of the civil servants cannot be changed retrospectively except by framing of the under the proviso to article 309 of the constitution or by amendment of any existing rule in an statute. ..... it is true that the government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point the government can fill up gaps and supplement the rules and issue instructions not in-consistant with the rules already framed.6. ..... , in view of the vast unemployment problem with which the state is faced and on account of nepotism, favourtism and corruption, it would be in public interest if proper provisions are made either by way of amendment in this act or otherwise by the legislature. ..... no amendment has been made in the rules by the respondents to give effect to such policy decisions .....

Vichitra Banwarilal Meena Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : AIR1982Raj297; 1982()WLN294

..... . held that section 4 of the constitution 42nd amendment act was bevond the amending power of parliament and was void, since it damaged the basic and essential features of the constitution and destroyed its basic structure by a total exclusion of challenge to any law on the ground that it was inconsistent with or took away or abridged any of the rights conferred by article 14 or article 19 of the constitution ..... deductions, the following conclusions from the report of shri shisir kumar, commissioner of scheduled castes and tribes, under article 338 of the constitution, submitted on 29th december, 1977 to the president of india, which i have extracted in my paper, 'the slur of un-touchability in india--scheduled castes, scheduled tribes and backward classes socio-economic revolution of three decades under directive principles of indian constitution' in the seminar organised by the director, professor shri paras diwan the department of laws, punjab university, chandigarh, under the chairmanship ..... . my above conclusions arc further fortified by the conclusions of the semi-war on directive principles jurisprudence organised by the department of law, punjab university, chandigarh from 28th february to 1st march ..... . punjab and rajasthan, uttar pradesh and west bengal commending that they may advise their governors of their respective states to dissolve the state assembly in exercise of powers under article 174(2)(b) and seek a fresh mandate from the electorate .....