Court : Supreme Court of India
Reported in : AIR2007SC2514; (2007)148PLR347; 2007(8)SCALE675; (2007)6SCC634; 2007AIRSCW4469; 2007(6)SCC634; 2007LawHerald(SC)2132
..... the act of 1911 certain provisions of the act of 1911 such as sections 3, 53, 58, and 192 were extended to the mani majra notified area. section 243 of ..... the appellants herein have challenged the acquisition proceedings, mainly on two grounds, namely that in the absence of a 'building scheme' framed under section 192 of the punjab municipal act, 1911 no land could be acquired under the provisions of the act for the purposes of the scheme. secondly, the appellants challenged the proceedings on the ground that the notification under section 4 of the ..... that there was no publication of the substance of the notification under section 4 of the act in the locality. a few background facts may be noticed at the threshold:3. the mani majra gram panchayat was declared a notified area under section 241 of the punjab municipal act, 1911 on august 19, 1973. by notification dated june 11, 1976, issued under section 242 of ..... argument of mr. ram swaroop is purely a legal submission. it has been argued that as no scheme had been framed as envisaged under section 192 of the punjab municipal act, 1976 (hereinafter called the punjab act) the land could not be acquired for the purpose. it has also been contended that the land could be acquired only for the purpose of the nac and .....Tag this Judgment!
Court : Delhi
Reported in : 1999IAD(Delhi)170; 75(1998)DLT836
..... by the learned counsel for the ndmc, has to be made. the ndmc purported to issue the notice, which is impugned, under section 195-b of the punjab municipal act, 1911. section 195-b of the punjab municipal act 1911 reads as under: '195-b. (1) it shall be lawful for the committee, at any time, before or after delivering the notice to the owner or ..... reading of the section would show that action could be taken under this section after following the provisions of section 195. section 195 of the punjab municipal act, 1911, as amended by the punjab municipal (new delhi amendment) act, 1984 (no. 39 of 1984) by the parliament, reads as under: 195. penalty for disobedience - (1) should a building be beg, unerected or re-erected - (a) ..... -law no. 6.9, which provides for revocation of building permit, thereforee, must be read into the building bye-laws, 1983 confined to the delhi municipal corporation act, 1957 and not applicable to the punjab municipal act, 1911.'24. the petitioner has given the details about the expenditure incurred. it is stated in paragraph 43 of the writ petition: 'it is the respectful submission ..... project. you are hereby informed that any further construction on the site shall be construed as unauthorised and necessary action shall be taken according to the building bye-laws and punjab municipal act, 1911. you are there fore, required to stop the construction immediately. this correspondence is without prejudice to any rights of ndmc against you.' 19. on the 22nd of june, .....Tag this Judgment!
Court : Delhi
Reported in : 5(1969)DLT283
..... by a tenant or a landlord to the controller that the fair rent is determined by the latter. once such a fair rent is determined, the assessing authority under the punjab municipal act, 1911 is bound to take such a fair rent as the basis of the reasonable letting value. for, the fixation of fair rent is binding on the landlord and the tenant ..... reasonable letting value of such a building. (10) we would like to emphasise the fact that the definition of the reasonable letting value in the punjab municipal act, 1911 and of fair rent in the east punjab urban rent restriction act, 1949 are funda- mentally different. the reasonable letting value is to be determined for the particular year in which the assessment of the tax is ..... the twelve months prior to the 1st january, 1939 and the rental value of such buil- ding entered into the assessment register of the municipal committee relating to the calendar year 1938. the punjab municipal act, 1911 is aimed to enable the municipal committee to assees the building tax on the reasonable letting value of the building for each year of assessment. it would, thereforee, take ..... considered in the past on mumerous occasions. the key words of the definition of 'annual value' in section 127(a) of the calcutta municipal act, 1923 were precisely the same as those in section 3(1)(b) of the punjab municipal act, 1911. they were construed by the supreme court in the corporation of calcutta v. smt. padma debi in paras 5 and 6 as follows .....Tag this Judgment!
Court : Delhi
Reported in : 1997IIAD(Delhi)88; 65(1996)DLT257; 1997(40)DRJ738
..... published in gazette of india (extraordinary) pt.ii, sec. 3, sub-sec (ii) dated 10th november, 1995. this is the date of establishment of council and on this date the punjab municipal act, 1911 ceases to have effect in new delhi. (26) the submission of the learned counsel for the petitioner that the council should be deemed to have been established on 14.7 ..... the court to which appeal lay at the commencement of the suit stands abolished.'(10) three things are to be pertinently noted : '(i)that inspire of the ndmc act, 1994 having repealed the punjab municipal act, 1911, there is no specific provision transferring the pending appeals to the district judges or providing for pending appeals to be dealt with according to the provisions of new ..... if any, in dispute in the appeal has been deposited by the appellant in the office of the council.' '416.repeal and savings. punjab act 3 of 1911. (1)as from the date of the establishment of the council, the punjab municipal act, 1911, as applicable to new delhi, shall cease to have effect within new delhi. (2)notwithstanding the provisions of sub-section (1) of ..... may be under section 115(1) though the assessment was initiated and made under chapter v of the punjab municipal act, 1911. such appeal must comply with section 116 of the ndmc act, 1994. (2) the appeals pending since before 10th november, 1995 and filed under the punjab municipal act, 1911 shall continue to be heard by the adm. compliance with section 116 ndmc, 1994 cannot be insisted .....Tag this Judgment!
Court : Delhi
Reported in : AIR2005Delhi236
..... veranda in front, abutting the public street.15. on 12.2.1976, ndmc issued a public notice under section 171(4) of the punjab municipal act, 1911. the public notice reads as under:-'public notice(notice under section 171(4) punjab municipal act.1911)whereas the chief commissioner, delhi under notification no.f.3(5)/56-lsg dated 30.6.58 extended section 171 of the p.m ..... the public. it is contended that there is no evidence on the record to prove animus dedicandi.'27. upholding a notification under sub-section 4 of section 171 of the punjab municipal act, 1911 declaring verandas in connaught circus as a public street, vested in the committee, their lordships in para 10 of the judgment held as under:-'we see no ground to differ ..... . cleaning, paving, levelling metalling etc. by declaring the said verandahs as public street.as regards objection at (4) above, the meeting has been validly held under the provision of the punjab municipal act, 1911.the contention of the objections at (6) above is also incorrect. the road is generally flooded with the vehicles and the customers using the shops are put to a considerable ..... has proposed to declare the street in front of shops in bhagat singh market, as public street.the committee is fully authorised under the provisions of section 171 of the punjab municipal act, 1911 to declare a place which was originally meant to be used as an open space and as a thoroughfare within its jurisdiction and already maintainable by it as public street .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1983P& H62
..... delayed this case because of his vested interests and thus abused his powers. (iv) that he allotted some land at the bus stand on tehbazari under section 173 of the punjab municipal act, 1911. he passed these orders although he was not competent to do so. (v) that vide resolution no. 357 dated 30-1-1980 shri sohan lal verma, president deprived 2 ..... , barnala--to which office he was elected in august, 1979--by respondent no. 1, the state government, in exercise of its powers under section 22 of the punjab municipal act, 1911(for short, the act). the undisputed facts leading to the passing of this order dated oct. 29, 1981(annexure p-3), are as follows :2. on a complaint dated jan. 16, 1981, received ..... vote. this again constitute abuse of his powers. now, therefore, in exercise of the powers conferred under section 22 of the punjab municipal act, 1911, the governor of punjab is pleased o remove the said shri sohan lal verma from the presidentship of the municipal committee, barnala, in the sangrur district, from the date of publication of this notification in the official gazette.' though the ..... full bench, after noticing the contents of the impugned order which ran as 'whereas the governor of punjab after giving an opportunity to shri bhagat ram patanga, member municipal committee, phagwara of tendering an explanation under the proviso to section 16 of the punjab municipal act, 1911, is satisfied that the said shri bhagat ram patanga has flagrantly abused his position as a member of .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1966P&H232
..... present controversy. the schedule appended to this act runs as under ---' the schedule(see section 6).a the punjab municipal act. 1911(punjab act no iii of 1911).(1) after clause (f) of sub-section (1) of section 52 the following clause shall be added, namely --' g ' seventhly, such sum to be paid annually by the ..... read with entry 5 appearing in list ii of schedule vii of the constitution.the act, by virtue of section 6 had also amended certain provisions of the punjab municipal act, 1911, and the punjab district boards act, 1883. this, could have been done under entry 5 mentioned above. under these circumstances the punjab legislature could make this law, as the same was within its legislative competence. the ..... , amritsar, had failed to pass the necessary resolution undertaking this liability, it was requested that the provisions of section 234 of the punjab municipal act. 1911, might be invoked. a copy of this letter was forwarded to the executive officer of the committee on 10th of april 1904 the deputy commissioner. amritsar, issued a notice to ..... the management of aided schools of a local authority under section 5. the punjab municipal act, 1911, and the punjab district boards act, 1883, should be deemed to have been amended in the manner specified in schedule appended to the act with effect from 1st of october 1957 there is another section in this act, namely, section 7, but we are not concerned with the same in the .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1990)98PLR402
..... agree with the reasoning adopted therein and nothing more can be added.22. there is no controversy that the appellant issued a notice under sections 80 and 81 of the punjab municipal act, 1911, with respect to the tax due for a period beyond three years. the recovery notice of arrears beyond three years without any charge having been created in accordance with methodology ..... us was with respect to the limitation for the recovery of the taxes as reproduced above, sections 80 and 81 fall in the chapter of taxation under the scheme of punjab municipal act, 1911. section 80 provides for recovery of taxes payable by the owner. the procedural methodology for the recovery of taxes payable by the owner by section 80 provides that when any ..... the date it fell due.2. the factual basic terrafirma with brevity is that the special executive magistrate issued a notice, dated january 8, 1986, under section 81 of the punjab municipal act. 1911, to the effect that the amount of rs. 14 580/- was due on account of house tax for the years 1979 to 1985 the plaintiff-respondents were directed to deposit ..... for recovery of a house tax or other taxes imposed on the property.20. the statute provides a machinery for recovery of other taxes by enacting section 81 of the punjab municipal act, 1911. the municipal committee has been authorised by section 81 that any arrears of any tax, water-rate fee (rent) or any other money claimable by the committee under the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1985SC339; (1985)46CTR(SC)208; 152ITR388(SC); 1984(2)SCALE902; (1985)1SCC167; 2SCR439
..... , the rateable value-was defined in both statutes in the same terms, barring a second proviso which occurred in section 116 of the delhi municipal corporation act, 1957 but was absent in section 3(l)(b) of the punjab municipal act, 1911 and which was admittedly of no consequences. the controversy between the parties centerd round the question as to what is the true meaning of ..... not yet been fixed. one of these appeals related to a case where the building was situate within the jurisdiction of the new delhi municipal committee and was liable to be assessed to property tax under the punjab municipal act, 1911, as is the case in many of the appeals and writ petitions before us, while the other two related to cases where the buildings ..... while the determination of rateable value for the purpose of assessability to property tax in respect of properties situate in new delhi is governed by the punjab municipal act 1911. the relevant provisions of both these statutes in respect of determination of rateable value for the purpose of assessability to property tax are almost identical as observed by this court ..... questions are of great importance since they affect the liability of a large number of property owners in the union territory of delhi to pay property tax under the delhi municipal corporation act 1957 and the punjab municipal act 1911. the appeals before us arise out of writ petitions filed in the high court of delhi challenging assessments made by the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1994SC2550; JT1994(4)SC376; (1995)109PLR338; 1994(3)SCALE296; (1994)5SCC709; Supp1SCR693
..... of india before the commencement of the constitution notwithstanding that it or parts of it may not be then in operation either at all or in particular areas. since the punjab municipal act, 1911 passed by the then legislature was the existing law within the meaning of article 366(10) and was also the 'law in force' before the commencement of the constitution, the ..... provisions thereof would not violate article 31(2) of the constitution. hence, the attack against the provisions of section 192(1)(c) of the punjab municipal act, 1911 and against the corresponding provisions of section 203(1)(c) of the haryana municipal act, 1973 on the ground of their violation of article 19(1)(f) read with article 31 as they stood then, must fail. it ..... high court in a group of five writ petitions.3. on 17th november, 1969, the state government, under section 3(18)(b) of the punjab municipal act, 1911 (hereinafter referred to as the 'act') declared an area admeasuring 22.23 acres as inbuilt. the said area was described in the notification as pocket no. 6. thereafter, on 11th may, 1976, the state government under ..... differ, they raise a common question of law, viz., whether the provisions of section 192(1)(c) of the punjab municipal act, 1911 and the corresponding provisions of section 203(1)(c) of the haryana municipal act, 1973 for compulsory transfer of the land to the municipal committees without payment of compensation, are valid.2. for the purpose of this common judgment, we propose to narrate the .....Tag this Judgment!