Court : Supreme Court of India
Reported in : AIR1983SC494; 1983LabIC614; (1983)ILLJ410SC; 1983(1)SCALE262; (1983)2SCC217; [1983]2SCR517; 1983(1)SLJ370(SC)
..... this submission does not commend to us for the additional reason that the state exchequer was not responsible for the salary and perquisites of the trust executive officers, in view of the provision contained in sub-section (4) of section 17 of the act which provides that salary, allowances, gratuity, annuity, pension and other payments required to be made to the members of the trust service in accordance with the conditions of their service shall be charged from the funds of the trust in the prescribed manner.23. ..... 6 of 1980 styled as punjab town improvement (amendment) ordinance, 1980, sub-section (2) was introduced to section 103 which took care of the situation arising out of the dissolution of the trusts. ..... on the contrary, it becomes evident from the record and it was not disputed that except the 11 executive officers-petitioners herein, all other staff of all the trusts were retained and they carried out the functions of the trust under the supervision of an officer appointed by the municipal committee or in some cases by the state government. ..... it provided that all properties, funds and dues vested in or realisable by the trust and chairman respectively shall vests in and be realisable by the state government till they stand transferred to the municipal committee under sub-section 3. ..... this rule of interpretation was re-affirmed recently in municipal corporation of greater bombay v. b.e.s.t. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC463; 1983(2)SCALE1057; 1984Supp(1)SCC341; [1984]2SCR1; 1984(16)LC852(SC)
..... the only question which arises for consideration of this court in this appeal by way of special leave under article 136 of the constitution against the judgment of the punjab & haryana high court in letters patent appeal is as to whether the managing officer operating under the displaced persons (compensation & rehabilitation) act, 1954 ('1954 act' for short), could cancel the allotment made in favour of the appellant under the east punjab administration of evacuee property act, 1947 ('punjab act' for short) and schemes framed thereunder.2. ..... this proposal was accepted by the commissioner as also by the governor of the state before 2nd july 1952 when rule 14(6) of the evacuee property (central) rules, 1950 was amended and in respect of quasi-permanent allottees cancellation was permitted only on grounds set out in rule 14(6). ..... admittedly, the lands allotted to the appellant in village kotla are close to the municipal limits of the town of jullundur and this being a question of fact, has not rightly been disputed before us. ..... this was on the footing that these lands abutted the jullundur municipal area and had semi-urban character. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1858; [1984(49)FLR173]; (1984)IILLJ362SC; 1984(1)SCALE651; (1984)3SCC281; [1984]3SCR623; 1984(2)SLJ54(SC); 1984(16)LC667(SC)
..... but, by the amending act, secretaries, officers and servants' of gram and nagar panchayat who were allocated to the panchayat service from the ranks of the ex-municipal employees were sought to be meted out differential treatment from the other members of the panchayat service, more particularly the secretaries, officer and servants of gram and nagar panchayats who were drawn from the ranks of secretaries, officer and servants of old village panchayats, that is the talatis and kotwals. ..... the demobilised indian armed forces personnel (reservation of vacancies) in the punjab civil service (judicial branch) rules 1969, had been repealed and the demobilised indian armed forces personnel (reservation of vacancies) in the punjab civil service (judicial branch) rules, 1975, as amended, were in force and these excluded from the category of released armed forces personnel, persons who had joined a civil service of the union or a state or a civil post under the union or a state after their release from the armed forces of the union. ..... in our view, the only reasonable interpretation of the amended rule, consistent with the prevailing situation, is to hold that only those persons who having joined the service of the union or the state or a post under the union or the state previously continued to hold the post on the date of the coming into force of the rule, are excluded from appointment to the punjab civil service (judicial branch). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1444; 1984(1)SCALE856; (1984)3SCC612; [1984]3SCR815; 1984(16)LC768(SC)
..... to make rules etc under section 20(5) of the punjab university act in the suns meaner as the senate has similar power under section 31 of that act the learned judges of the division bench rejected the contention of the petitioners before them that the syndicate has no 'power which the senate has under section 31 of the act and held that the syndicate has similar powers under section 20(5) of the act they rejected the further contention that there is any bar of promissory estoppel 'against the university in regard to the matter and, however, held that ..... but in 1970 the rule was amended to the effect that the grace marks will be 1 per cent of the total aggregate marks for any particular subject of the examination in which he has failed. ..... the high court accepted in, contention that amendment of the rule made in 1970 was retrospective in operation though it was made applicable to subhash chander only in 1974 merely because he had joined the integrated course in 1965 when the rule regarding the award of grace marks was more liberal. ..... it could not be stated to be retrospective in operation merely, because it was applied to subhash chander who had joined the course in 1965 before the amendment way made in 1970.7. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1985(Supp)SCC476; [1985]Supp1SCR145
..... introduced in the place of the old section 65 by sub-section (2) of the amendment act 24 of 1975 and when it was struck down by the high court in rajasekhariah's case (supra); (ii) enhancement of the market fee from one percent to two percent of the price of the specified agricultural produce by amendment of the bye-law pursuant to the raising of the maximum limit from one percent to two percent by the amendment act 17 of 1980 on two grounds, namely, want of sufficient quid pro quo and violation of the requirement of prior publication and subsequent sanction of the amendment to the bye-law by the chief ..... section 65(1)(3) on grounds as follows :(a) the though the fees levied under sub-section (1) of section 65 were required to be spent on construction, repair, improvement and maintenance of rural roads, the construction or repair or improvement and maintenance of rural roads was not one of the obligatory functions of the market committees under the act; and the construction and maintenance of rural roads, which were public roads, were the primary responsibility of the state and its instrumentalities such as the authorities under the karnataka municipalities act, 1976 ; karnataka municipalities act, 1964 ; etc. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1279; 1985(5)LC2597(SC); 1985(22)ELT327(SC); 1985(2)SCALE304; (1985)3SCC590; [1985]Supp2SCR109; 1985(17)LC894(SC)
..... our attention was drawn to the fact that subsequent to the decision of the high court, the state legislature has enacted the andhra pradesh tenancy laws (amendment) act, 1979 - act 2 of 1979, whereby section 93 of the act has been amended and the provisions of section 5 of the limitation act, 1963 have now been expressly made applicable to appeals and revisions preferred under sections 90 and 91 of the act. ..... limitation - every appeal and every application for revision under this act shall be filed within sixty days from the date of the order against which the appeal or application is filed and the provisions of the indian limitation act, 1908 shall apply for the purpose of the computation of the said period.on a plain reading of the section it is absolutely clear that its effect is only to render applicable to the proceedings before the collector, the provisions of the limitation act relating to 'computation of the period of limitation. ..... it is well settled by the decisions of this court in town municipal council, athani v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1683; 1985(2)SCALE361; (1985)4SCC124; [1985]Supp2SCR630
..... but after the above decision of this court, the state legislature of haryana proceeded to amend the act by passing the punjab municipal (haryana amendment and validation) act, 1971 (hereinafter referred to as 'the amending act'). ..... mcii (xiii)-ii 61/31330 dated august 10, 1965 issued under section 5(3) of the punjab municipal act, 1911 (punjab act no. ..... by section 4 of the amending act, the levy of octroi against and collection from the appellant and others within the extended limits of all the municipalities in haryana were validated. ..... the said notification was published in the punjab government gazette dated august 13, 1965 and with effect from that date the municipal committee of bhiwani commenced to impose and collect octroi from the appellant in respect of the guar imported by the appellant into its factory within the extended municipal limits of bhiwani from outside. ..... by reason of this amendment the expression 'notification' should be deemed always to have been present in section 5(4) of the act including the date on which the municipal limits of bhiwani were extended bringing within them the factory of the appellant also. ..... iii of 1911) (hereinafter referred to as 'the act') by the then punjab government, the factory premises came within the municipal limits of bhiwani. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1737; 1985(2)SCALE367; (1985)4SCC146; [1985]Supp2SCR662; 1986(1)LC335(SC)
..... - (1) notwithstanding anything contained to the contrary in the punjab municipal act, 1911, or any rule or order or bye-law made thereunder or any other law for the time being in force, no owner of a cycle-rickshaw shall be granted any licence in respect of his cycle-rickshaw nor his licence shall be renewed by any municipal authority after the commencement of this act unless the cycle-rickshaw is to be plied by such owner himself.and section 5 declared:penalties. ..... meanwhile, and to the same end, the municipal corporation of delhi had amended the cycle-rickshaw bye-laws of 1960. ..... after amendment, bye-law 3 read as follows:3 (1) no person shall keep or ply for hire a cycle rickshaw in delhi unless he himself is the owner thereof and holds a licence granted in that behalf by the commissioner on payment of the fee that may, from time to time, be fixed under sub-section (2) of section 430 provided that no person shall be granted more than one such licence. ..... the material on the record, however, discloses that on september 16, 1980 the municipal corporation wrote to the azad rickshaw pullers union asking it to direct the individual applicants to furnish the license numbers of the previous rickshaw driving licenses issued within one year of the coming into force of the punjab act of 1976 in order to enable the municipal corporation to verify from its records that the respective applicants were entitled to the certificate. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)
..... the nine provinces under the government of india act, 1935, with the territorial modifications resulting from the partition, became the nine part a states clause (2) of article 215 of the constitution, prior to its deletion by the constitution (seventh amendment) act, 1956, provided that for the purposes of the constitution the high court exercising jurisdiction in relation to any province before the commencement of the constitution shall be deemed to be the high court for the ..... the exclusion of the members representing bengal, the punjab, sind and british baluchistan; and(ii) should it appear that the north-west frontier province will form part of pakistan, by the exclusion of the members representing that province; and(iii) by the inclusion of members representing west bengal and east punjab; and(iv) should it appear that on the appointed day, a part of the province of assam is to form part of the new province of east bengal, by the exclusion of the members theretofore representing the province of assam, and the ..... enlarges the jurisdiction and powers of the existing high courts article 225, therefore, comprehends within its scope not only the jurisdiction which the existing high courts possessed immediately prior to the commencement of the constitution but also the jurisdiction and powers which the other articles of the constitution, such as articles 226, 227 and 228, confer upon the high courts a special bench of the calcutta high court in chairman, budge budge municipality v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC648; JT1987(1)SC66; 1987(1)SCALE1; (1987)1SCC371; [1987]1SCR905; 1987(1)LC496(SC)
..... this court negativing the said contention observed thus: in the instant case, section 3 of the punjab act has the effect of making it possible for the rickshaw puller to ply the rickshaw as owner of the vehicle and thereby to be the full owner of the income earned by him. ..... likewise we do not want to fetter the rights of parties aggrieved if the ceiling upon the total number of rickshaws permissible within the delhi territory is arbitrary.on the basis of reasonable criteria the delhi administration will direct the concerned municipal authorities to grant licences for plying rickshaws and if the applicants so chosen are not owners themselves all the facilities we have indicated in the amritsar order will be extended to such cycle rickshaw pliers fixing reasonable time limits. ..... we, however, find on a consideration of the language of clause (5) in section 481(1)l of the act that the bye-law falls within the scope of the power conferred on the corporation to frame bye-laws for the issue of licences in respect of cycle-rickshaws which are kept or used for plying in the delhi municipal corporation area. ..... in order to eliminate the exploitation of rickshaw pullers by the owners of the cycle rickshaws the delhi municipal corporation amended the cycle-rickshaw bye-laws, 1960 by introducing bye-law no.3. ..... 3(1) of the cycle-rickshaw bye-laws, 1960 framed under section 481 of the delhi municipal corporation act, 1957 (hereinafter referred as 'the act'). .....
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