Court : Mumbai
Reported in : AIR1972Bom254; (1972)74BOMLR22
..... premises has, whether before or after the commencement of the bombay municipal corporation (amendment) act, 1960, - (i) not paid for a period of more than two months, the rent or taxes lawfully due from him in respect of such premises; or (ii) sub - let, contrary to the terms or conditions of his occupation, the whole or any part of such premises; or (iii) committed, or is committing, such acts of waste as are likely to diminish materially the value or impair substantially the utility, of the premises; or (iv) otherwise acted in contravention of any of the terms, express or implied, under which ..... the other point is that the punjab act provides for an appeal against the order of the collector to the commissioner who also is an executive officer, whereas section 105 - f provides for an appeal against the order of the municipal commissioner to a judicial officer. ..... . with his qualifications, training and experience as a lawyer and a judicial officer he would notice every defect or shortcoming in the original proceedings before the commissioner and wherever he is so satisfied he would in his appellate order set them right, in this connection it must also be noticed that because of the provision in chapter v - a, and such provision does not exist in the punjab act, even in the original proceedings the person against whom the order is to be made is entitled to appear by an advocate, attorney or pleader .....
Tag this Judgment!Court : Karnataka
Reported in : (1968)ILLJ785Kant
..... 19 of the industrial disputes (amendment) act, 1964 (which came into force on 8 december, 1964), the words 'any money or' have been added before the words 'any benefit'. ..... his demotion or dismissal may give rise to an industrial dispute which may be appropriately tried, but once it is shown that the employer has dismissed or demoted him, a claim that the dismissal or demotion is unlawful and, therefore, the employee continues to be the workman of the employer and is entitled to the benefits due to him under pre-existing contract, cannot be made under s. ..... by reason of the declaration by the civil court the dismissal of respondent was null and void, the contract of employment between him and the municipal council must be deemed to have been subsisting all along. ..... respondent 1 was an employee of the petitioner, the town municipal council, gokak, which purported to dismiss him from service on 9 december, 1957. ..... feeling aggrieved by the order, the municipal council has filed this petition under arts. ..... lastly it was contended by sri joshi that respondent 1 could not claim anything towards salary and allowance as he did not continue in the service of the petitioner municipal council. ..... had it not been for the fact that the dismissal of respondent 1 was held to be null and void in the civil suit filed by him, the above observations of the supreme court would have applied to the present case also. ..... in punjab national bank, ltd. v. k. l. .....
Tag this Judgment!Court : Karnataka
Reported in : (1968)ILLJ779Kant; (1967)2MysLJ420
..... we are in respectful agreement with the view taken by the bench of the punjab high court in taran taran municipality case [1967 - i l.l.j. ..... before the supreme court it was contended for the employer that the labour court could not have allowed the claim of the workmen for wages, made after eight years as that claim had to be made within one year under the payment of wages act (as modified by a local amendment in the state of maharashtra) and that the workmen could not get over that period of limitation by making a claim before another tribunal, namely, the labour court. ..... it was contended by sri gunjal that the labour court had no jurisdiction to adjudicate on that part of the claims of the employees which related to any period prior to 28 august, 1956, the date of coming into force of the industrial disputes (amendment and miscellaneous provisions) act, 1956, by which s. ..... 568 at 573] if the authorised under the industrial disputes act had no jurisdiction to deal with the claim which could have been determined by the authority under the payment of wages act, the supreme court would have held so and thrown out the claim of the employees on this ground alone that their remedy lay under the payment of wages act. ..... 33c(2) of the industrial disputes act, 1947, by the employees working in different departments of the town municipal council at athani. 2. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant150; AIR1968Mys150
..... (22) we are in respectful agreement with the view taken by the bench of the punjab high court in tarn taran municipality's case, that the decision of the supreme court in bombay gas co. ..... before the supreme court it was contended for the employer that the labour court could not have allowed the claim of the workmen for wages, made after eight years, as that claim had to be made within one year under the payment of wages act (as modified by a local amendment in the state of maharashtra) and that the workmen could not get over that period of limitation by making a claim before another tribunal namely, the labour court. ..... gunjal that the labour court had no jurisdiction to adjudicate on that part of the claims of the employees which related to any period prior to 28-8-1956, the date of coming into force of the industrial disputes (amendment and miscellaneous provisions) act, 1956 by which section 33c was inserted in the industrial disputes act. mr. ..... if the authorities under the industrial disputes act had no jurisdiction to deal with the claim which could have been determined by the authority under the payment of wages act, the supreme court would have held so and thrown out the claim of the employees on this ground alone that their remedy lay under the payment of wages act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR850
..... 5 at page 1445:.a plain reading of the said clause indicates that except in the 3 cases excluded an appeal lay against the judgment of a single judge of the high court to the high court in exercise of any other jurisdiction...looking at the first part of the amended clause excluding the exceptions, it is obvious that its wording is general...it is not permissible, by construction, to restrict the scope of the generality of the provisions of clause 10 of the letters patent.the supreme court was concerned in that case with clause 10 of the letters patent of the punjab high court, but that ..... as observed by the special bench of the calcutta high court in budge budge municipality's 'case (supra): 'even if a case goes to a single judge court or a division bench under rules framed not under section 108 but under some particular act, still the particular judge or judges sitting in that court or on that bench will do so under a determination made under section 108(2) and to that extent at least, the judgment must always be pursuant to section 108'. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H303; 1968CriLJ1116
..... it is alleged in the petition that the petitioner has framed cattle fair bye-laws under sections 188 and 199 of the punjab municipal act, 1911 (hereinafter referred to as 'the act'), which were duly confirmed by the governor of punjab, and were published in the gazette, dated 12-5-1964. ..... or order of a committee, or joint committee or prohibit the doing of any act which is about to be done, or is being clone in pursuance of or under cover of this act, or in pursuance of am sanction or permission granted by the committee in the exercise of its powers under the act, if, in his opinion the resolution, order, or act is in excess of the powers conferred by law or contrary to the interests of the public or likely, to cause waste or damage of municipal funds or property, or the execution of the resolution or order, or the doing of the act, is likely to lead to a breach of the peace, to encourage lawlessness or to cause injury or annoyance to the public or to any class or body of persons'.9. ..... 3 of 1961), or bye-laws made thereunder do not give him or the government adequate and effective powers to achieve this object, the proper course for him is to bring the matter to the notice of the government, who may, in their wisdom, move for amendment of the law and thereby remove the causes of unhealthy competition and sources of friction between municipal committees and panchayat samitis.12. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi299
..... simla, under section 13 of the punjab act on the grounds (i) that the tenant had been in arrears of rent since 1-3-1964; (ii) that the municipal committee, simla, had served the landlord with a ntoice under sections 113/114 of the punjab municipal act declaring that the premises in dispute and the building as such was in a dangerous condition and was liable to be reconstructed; and (iii) that the respondent was using the premises in such a manner that its utility and value had been materially impaired. ..... it may be pointed out that by the said amending act, a number of toher changes were also made, including the conferment of right of revision on the high court by adding sub-section (5) to section 15 of the punjab act. 3. ..... * * * * (iii) in the case of any building or rented land, if he requires it to carry out any building work at the instance of the government or local authority or any improvement trust under some improvement or development scheme or if it has become unsafe or unfit for human habitation; * * * * * this clause was inserted by amendment in 1956 (punjab act no. .....
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT284
..... in question situated in middle bazaar, simla, under section 13 of the punjab act on the grounds:- (i)that the tenant had been in arrears of rent since 13.1964 ; (ii) that the municipal committee, simla, had served the landlord with a ntoice under sections 113/114 of the punjab municipal act declaring that the premises in dispute and the building as such was in a dangerous condition and was liable to be reconstructed, and; (iii) that the respondent was using the premises in such a manner that its utility and value had been materially impaired ..... it may be pointed oat that by the said amending act, a number of toher changes were also made, including the conferment of right of revision on the high court by adding sub-section (5) to section 15 of the punjab act. ..... * * (iii) in the case of any building or rented land, if he requires it to carry out any building work at the instance of the government or local authority or any improvement trust under some improve or development schema or if it his become unsafe or unfit for human habitation; * * * *this clause was inserted by amendment in 1956 (punjab act no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1968]3SCR41
..... " section 5 of the amending act repealed the land acquisition, (amendment and validation) ordinance, 1967 and further pro- vided that notwithstanding such repeal, anything done or any action taken under the principal act as amended by the said ordinance shall be deemed to have been done or taken under the principal act as amended by,_this act as it this act had come into force on the 20th january, 1967. ..... by a notification dated july 1, 1960 published by the delhi administration the chief commissioner, delhi, withdrew the land of 16 colonies from the acquisition out of the area covered by the notification of november 13, 1959 on the ground that their lay out plan had been sanctioned by the delhi municipal corporation and as per general decision of the standing committee, delhi municipal corporation, the petitioner was asked by the town planner by letter dated april 16, 1960 to submit a de- notification certificate to the effect that the land comprising the proposed lay out of his colony ..... 50/- per annum prescribed by the said act, and the validity of the imposition of any such tax shall not be called in question in any court;" (2)the hindu marriages (validation of proceedings) act, 1960 (act 19 of 1960) was passed to obviate the short comings in the hindu marriage act pointed out by the punjab high court in janak dulari v. ..... 1959 punjab 50). .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P&H391
..... to us that the first amendment of the constitution in 1951 which introduced clause (6) to article 19 according to which sub-clause (g) of clause (1) was not to prevent the state from making any law relating to 'the carrying on by the state, or by a corporation owned or controlled by the state, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise', would put the seal of validity on the prohibition for the individuals to carry on private cattle trading if a clear intention could be spelled out from the impugned act. ..... section 3 which is the substantive provision in the act is to this effect:'(1) the right to hold a cattle fair at any place in the state of punjab and to control, manage and regulate such fair shall vest exclusively in the state government and shall be exercisable by it, in accordance with the provisions of this act and the rules made thereunder, through such persons or authorities as it ..... to 13 are regulatory and do not concern the decision of the questions before us.section 14 empowers summary proceedings to be taken against defaulters, and section 15 requires a panchayat samiti or municipal committee in whose jurisdiction the fair is to be held to make an initial deposit in the cattle fair fund of an amount not exceeding ..... in each case the petitioners have taken lands on lease from the municipalities or other local authorities for the purpose of holding these markets for the convenience of prospective .....
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