Court : Punjab and Haryana
Reported in : AIR1956P& H220
..... 2459-d-c, dated 13-3-1953, has amended bye-law 55 and has made the rules laid down in the punjab civil services rules applicable to its employees so far as they relate to leave, travelling allowance, fixation of pay, retirement, suspension and dismissal.thus the punjab civil services rules as applicable to 'reduction to a lower post' were not made applicable to municipal employees and these rules, therefore, are also not relevant for the purposes of the present case. ..... raksha devi appealed.the learned senior sub-judge held that the revision of ram piari did not amount to her dismissal as contemplated in sections 39 and 41, punjab municipal act and the rules framed under the act. ..... the government has made rules under section 240, punjab municipal act. ..... this is a suit for grant of mandatory injunction against the implementation of the resolution passed by the municipal committee and against raksha devi from acting as headmistress. ..... by letter dated 18-8-1954, the deputy commissioner, gurdaspur, wrote to say that as legitimate rights of raksha devi had been ignored in 1950-51 she should act as head-mistress and ram piari should work as a school mistress.thereupon ram piari filed the present suit against the municipal committee and raksha devi for the relief of a permanent injunction that the resolution of the committee dated 29-4-1954, & the order dated 18-8-1954, should not be given effect to and raksha devi should not work .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H181
..... i feel that we are now undoing what the parties to these transactions fullyintended to do, but since i can find no escape-from the legal consequences of the express provisions contained in section 47, punjab municipal act asapplied to delhi, i have to accept the conclusion,that in law no relationship of landlord and tenantever came into being between the parties, and thatbeing so the petitions under section 8 of the rentcontrol act are not maintainable and have to bedismissed. ..... anant ram frankly conceded that letting out as used in the rent control act means the same thing as leasing out under the transfer of property act, and therefore there must be a lessor and a lessee as contemplated by section 105, transfer of property act before there can be a landlord and a tenant as defined in the rent control act.therefore what we have to consider in the present case is whether these premises in the lodi 'colony were leased out by the new delhi municipal committee and whether there is a valid lease ..... ', 1940 pc 1 (air v 27) (d), that section 53a, transfer of property act conferred no right of action on a transferee in possession ;'in their lordships' opinion, the amendment of the law effected by the enactment of section 53a conferred no right of action on a transferee in possession under an unregistered contract of sale. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad144; 1957CriLJ374; (1957)ILLJ524Mad
..... the punjab trade employees act x of 1948, although differently named from the statutes of the same nature framed by other states, was intended to limit the hour's of work of shop assistants and commercial employees and to make certain regulations concerning their holidays, wages and terms of service. ..... the sind shops and establishments act xviii of 1940 is the last of the series of acts and though sind is now a province in pakistan arm ai-, though this act was passed in 1940 before the establishment of pakistan, it is still in force in sind with such amendments as have been made up-to-date; the bengal shops and establishments ' act . ..... the bihar shops and establishments act viii of 1954 is of very recent origin and is meant to apply in the first instance to, areas comprised, within a municipality, or a notified area, or a municipal corporation and to any mining settlement. ..... in madras city and other municipal areas and major panchayats in the province, the persons employed in shops, commercial establishments, theatres, restaurants, etc. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H219
..... on the 13th february 1954 the state government terminated the services of the petitioner, under section 45 of the punjab municipal act, and on the 2nd march 1954 the latter presented a petition under article 226 of the constitution in which he complained that his removal had been effected without charges or hearing and in contravention of the provisions of article 311 of the constitution.the learned single judge before whom the petition came up for consideration found in favour of the petitioner and issued a direction requiring the state government to reinstate the petitioner to the office from which ..... the post occupied by the petitioner was created in exercise of the powers conferred by the act of 1947; his salary was paid out of municipal funds and his services were terminated under section 46 of the punjab municipal act. ..... section 8 declares that the provisions of this act shall have effect notwithstanding anything to the contrary contained in the punjab municipal act or any other enactment in force in the punjab.4. ..... this appeal under, clause 10 of the letters patent raises the question whether a person appointed by government to discharge the functions of a municipal committee under the east punjab local authorities (restriction of functions) act, 1947, can be deemed to be the holder of a civil post under the state.2. .....
Tag this Judgment!Court : Chennai
Reported in : (1957)2MLJ406
..... as it originally stood before the classification of part a and part b states was abolished in 1956 by the constitution seventh amendment act, article 308 ran:in this part, unless the context otherwise requires, the expression ' state' means a state specified in part a or part b of the first schedule.13. ..... some laymen who had come there to while away their time, that the petitioner had made the school a rendezvous of idle-mongers which made no impression on him, that the petitioner at the time of inspection did not have with him the school records, including the attendance register, and that the petitioner when questioned about it, confessed that the attendance register was not marked from the 13th, and that the register would not be available for perusal till ..... the punishment imposed by the president could be viewed in law only as a punishment imposed by the statutory authority, the district board, only if the president acted within the limits of his jurisdiction, that is, acted in conformity with the requirements of the statutory rules that clothed him with the jurisdiction and regulated the exercise of that jurisdiction. ..... , the learned judges held that an employee under a municipality, even though he was appointed by the government, did not hold a civil post under the state within the meaning of article 311.(1). ..... state of punjab i.l.r. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H220
..... section 47(2) and (3) of the punjab municipal act prescribes mode of transferring immovable property belonging to the committee. ..... the petitioner's case is that the services club and thereafter the punjab service club continued to remain in possession till 1957 when the committee locked and sealed these premises.according to the petitioner both the services club and the punjab state club consisted of government servants and had many common members. ..... at the time when electricity or water connection is given, the committee does not go into the tide of the occupier and merely supplies these facilities and charges for them from the occupier of the building.in any case, the defect in the agreement (non-compliance with section 47(2) of the act) cannot be cured by the application of the doctrine of part performance: vide p. d ..... its objection is that the punjab services club not being a registered body could not file this petition through the club's officers and that it could be filed only by all the members of the club. ..... these costs will be paid by the three members of the punjab state club who have filed this petition ..... this is a possible view and in this view all that is required to be done to regularise the petition is to permit the petitioner to amend the petition and to implead all the existing members us petitioners or as respondents. ..... it is urged that if the procedure adopted is defective, then it is merely a case of misdescrip-tion and an amendment may be allowed to cure this defect. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC341; [1958]1SCR1102
..... 61(2) of the punjab municipalities act. ..... sale in market or in any place belonging to or under the control of the government or of the committee; (g) fees on the registration of cattle sold within the limits of the municipality; (h) a latrine or conservancy tax payable by the occupier (or owner) upon private latrines, privies or cesspools, or upon premises or compounds cleansed by municipal agency; (j) a tax for the construction and maintenance of public latrines; (k) a water-rate, where water is supplied by the committee; (l) a lighting rate where the lighting of public streets, places and buildings is undertaken by the committee; (m) a drainage tax, where a system of drainage ..... if the pre 1920 octroi and the post 1935 cess or tax on entry of goods is payable on goods for consumption, use or sale, can it be said that the constitution act of 1915 as amended in 1919 or the rules made thereunder intended to vary the nature of the tax by the introduction of item 8 in sch. ..... 80a(3)(a) of the government of india act, 1915 as amended in 1919. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP9
..... we are inclined to hold, in the light of the decisions referred to supra, that the subordinate judge acted rightly in allowing the amendment of the plaint and granting relief as to recovery of possession by reason of the expiry of the lease during the pendency of the suit without driving the plaintiff to a separate suit.12. ..... the learned judge observed that if a cause of action not available on the date of the suit accrued during its pendency, the court has a discretion to grant the amendment of the plaint so as to enable the plaintiff to include the fresh cause of action.he held further that if facts are not in dispute and the accrual of a cause of action subsequent to the suit is under the terms of the statute, or which the court should take notice, even a formal amendment of the plaint was unnecessary. ..... it was further provided that another application to the municipal commissioner, guntur, to transfer the licence in the name of the lessee as stated in paragraph 1 of the lease deed under the places of public resort act, as also an application to the guntur power and light ltd. ..... 'this decision was merely followed by a single judge of the punjab high court in (v). .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H402
..... section 12 of the punjab municipal act, 1911, as it stood before its amendment by punjab act no. ..... section 14(c) the state government may in its discretion fill that scat either by appointment or election, and the mode in which the seat had been filled previously would not appear to be material.section 17 is headed 'casual vacancies on committee,' and is obviously to be resorted to when the state government wants to make an arrangement for filling a casual vacancy in a municipal committee without considering it necessary to alter its constitution either under the proviso to section 12 or in pursuance of clauses (c) and (d) of section 14 as it stood before its amendment by punjab act no. ..... however, the procedure for appointment of the executive officers is laid down in the punjab municipal (executive officer) act and no rules made under clause (n) of section 240(1} of the punjab municipal act can affect that procedure.under sub-section (7) of section 3 of the act, if at a meeting of the committee convened to consider the question of the removal or suspension of the executive officer not less than five eighths of the total number of members constituting the committee for the time being vote in favour of his suspension or removal, the state government shall so suspend or remove him. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP355
..... their lordships of the federal court repelled these contentions, and observed : 'the provisions of section 18 of the punjab municipal act relating to the corporate character of the committee and the manner of suing must be read subject to the provisions of section 238 (2) which lays down the consequences of a supersession. ..... it was also urged that as the municipal committee had been constituted by section 18 of the punjab municipal act, 1911 (no. ..... repelled this contention and observed : 'the plaintiff, although faced with a complicated situation on account of the supersession of the committee did serve a notice on the secretary of state for india in council through the deputy commissioner, sialkot, and further made it clear that the notice was both under section 80, civil procedure code, and section 49, punjab municipal act. ..... even after a notice against the administrator under section 80, it may so happen that by the time the suit is filed, the committee may be reconstituted and then it will necessitate amendment of the plaint. ..... it has not been disputed that the person competent to take proceedings is the administrator and even if the true view should be that he should take proceedings in the name of the committee, the defect is one purely of a formal character which can be cured by amendment. .....
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