Court : Allahabad
Reported in : 2005(4)AWC3563; 2005(3)ESC2209
..... rameshwari devi v. state of rajasthan and ors., ).86. the hon'ble apex court examined the provisions of the punjab municipal act, 1911, providing for the procedure of removal of the president of the municipal council on similar grounds in tarlochan dev sharma v. state of punjab and ors. air 2002 sc 2524. the court held that removal of an elected office bearer is a serious ..... consequential disqualification upon a person duly elected in a democratic set up of government having a constitutional status. on the contrary, under section 48(2-a) of the u.p. municipalities act, 1916, major as well as minor punishments have been provided by the legislature and we fail to understand as under what circumstances, the legislature in its wisdom did not consider ..... before recording our findings.102. in state of u.p. and anr., v. nand kumar agrawal, : jt2000(7)sc302 , while considering the provisions of section 48 of the u.p. municipal act 1916, the hon'ble supreme court held that personal hearing is not contemplated in the said provision, though of course, if the authorities think it fit, they may give the ..... . in this context, 'in good faith' means 'for legitimate reasons'. it must be exercised bona fide for the purpose and for none other. (vide sirsi municipality v. cecelia kom francis tellis, : (1973)illj226sc ; the state of punjab and anr. v. gurdial singh and ors., : 1scr1071 ; the collector (distt magistrate) allahabad and anr. v. raja ram jaiswal, : 3scr995 ; and delhi .....Tag this Judgment!
Court : Allahabad
Reported in : 2005(3)AWC2818; 2005(3)ESC1662
..... of rajasthan and ors., air 1999 raj. 47). 32. the hon'ble apex court examined the provisions of the punjab municipal act, 1911, providing for the procedure of removal of the president of the municipal council on similar grounds in tarlochan dev sharma v. state of punjab and ors., air 2002 sc 2524, the court held that removal of an elected office bearer is a serious ..... part of the president in performing his duties, or(b) the president has-xxxxx xxxxx xxxxxxx xxxxx xxxxx xxxxxxxx(vii) during the current or the last proceeding term of the municipality, acting as president or vice-president, or as chairman of a committee, or as member or in any other capacity whatever, whether before or after the commencement of the uttar pradesh ..... said charge-sheet, petitioner submitted his reply before the respondent no. 2 on 7.10,2003. in view of the amendment made in section 48 of u.p. municipalities act, 1916 (hereinafter called the act 1916), the petitioner was deprived of his administrative and financial powers vide order dated 2nd june, 2004. being aggrieved, the petitioner filed writ petition no. 22469 of 2004 ..... 's representatives fill the role of law-makers and custodians of the government. people look to them for ventilation and redressal of their grievances.' 30. the act of 1916 stood amended by the u.p. municipalities (amendment) act, 2001, by which the provisions of section 87-a stood repealed/omitted. the said provision provided for procedure of removal of a chairman by moving .....Tag this Judgment!
Court : Allahabad
Reported in : 2001(1)AWC732; (2001)1UPLBEC420
..... and also having dealt with the allied arguments, the hon'ble apex court recorded following conclusions :'(a) the property taxes levied by and under the punjab municipal act, 1911, the new delhi municipal corporation act, 1994 and the delhi municipal corporation act, 1957, constitute 'union taxation' within the meaning of clause (1) of article 289 of the constitution of india.(b) the levy of property ..... law made thereunder. it is, therefore, necessary in this case to determine whether the punjab municipal act. delhi municipal corporation act and n.d.m.c. act are or can be deemed to be enactments within the meaning of clause (2) of the delhi municipal corporation act and n.d.m.c. act, are post-constitutional enactments. as stated hereinbefore, these enactments while specifically exempting the union ..... not exempt the properties of the state in terms of article 289. the omission cannot be said to be unintentional-particularly in the case of delhi municipal corporation act and n.d.m.c. act. the intention is clear and obvious ; the enactments do not wish to provide for any exemption in favour of properties of the state situated within their ..... restrained from demanding any payment by way of service charges from the railways. shri m. p. jha learned counsel appearing for the municipality sought to rely on clause (4) of section 135 of the railway act which contemplates a contract. in this case the contract now sought to be relied upon is only to relieve distress warrant pending disposal .....Tag this Judgment!
Court : Allahabad
Reported in : 2004(2)AWC1066; (2004)1UPLBEC684
..... ., air 1999 raj 47).12. the hon'ble apex court examined the provisions of the punjab municipal act, 1911, providing for the procedure of removal of the president of the municipal council on similar grounds in tarlochan dev sharma v. state of punjab and ors., (2001) 6 scc 260. the court held that removal of an elected ..... the petitioner had broken the law to the detriment of the municipal committee on one or two occasions, it cannot be said that he had 'flagrantly abused his ..... scandalous manner.23. in joginder singh v. state of punjab, air 1963 punj 280, the punjab high court held as under :'the expression 'flagrantly abuses his position, as a member of the committee' used in section 16 (1) (e) of the punjab municipal act 3 of 1911, cannot be said to carry the implication that even if ..... that a member abuses his position as a member of the board if, while he is a member, he contravenes any of the provisions of the municipalities act or the bye-laws made thereunder. we are unable to accept this view, but, even if it be correct, the conduct of the appellant is ..... , 1957 alj 885. it was pointed out in that case that the two conditions precedent for taking action under section 40 (3) of the municipalities act were that the conduct of the member to which exception was taken must be conduct in his capacity as a member and that the conduct should be .....Tag this Judgment!
Court : Allahabad
Reported in : 2004(2)AWC1757; (2004)2UPLBEC1235
..... rameshwari devi v. state of rajasthan and ors. .9. the hon'ble apex court examined the provisions of the punjab municipal act, 1911, providing for the procedure of removal of the president of the municipal council on similar grounds in tarlochan dev sharma v. state of punjab and ors. : 3scr1146 . the court held that removal of an elected office bearer is a serious matter. the ..... -examining the witnesses in a fulfledged enquiry, the question of removal does not arise. on one hand, the state government came with an amendment in the u. p. municipalities act, 1916, hereinafter called the 'act 1916' deleting the provisions of section 87a which was meant for removal of the chairman by no-confidence motion on the ground that he could not be removed ..... b.s. chauhan, j.1. this writ petition has been filed seeking direction to the respondent no. 1 to initiate proceedings under section 48 of the u. p. municipalities act for removing the respondent no. 2, the president/chairman, nagar palika parishad, shikohabad, district firozabad.2. facts and circumstances giving rise to this case are that the respondent no. 2 ..... no. 2 is a duly elected chairman who entered in the office by contesting the election wherein the entire voters of nagar palika, sikohabad participated. the act 1916 stood amended by the u. p. municipalities (amendment) act, 2001, by which the provisions of section 87a stood repealed/omitted. the said provision provided for procedure of removal of a chairman by moving a no .....Tag this Judgment!
Court : Allahabad
Reported in : 2008(2)AWC1697
..... works construction ltd. v. state of kerala and ors. : (1997)iillj345sc .26. in food corporation of india v. municipal committee, jalalabad and anr. : air1999sc2573 , the apex court considered the case of imposition of house tax under the provisions of the punjab municipalities act, 1911 and held that food corporation of india was a company - a distinct entity from central government, and thus, not being ..... ralli, learned counsel for the petitioner has placed reliance upon the judgments of the hon'ble supreme court in century spinning and . and anr. v. the ulhasnagar municipal council and anr. : 3scr854 ; & sunil pannalal banthia and ors. v. c & i dev. corporation of maharastra ltd. and anr. : air2007sc1529 . however, the facts therein were completely distinguishable as ..... bihar and ors. v. project uchcha vidya shikshak sangh and ors. : (2006)2scc545 ; mahabir vegetable oils (p) ltd. and anr. v. state of haryana and ors. : (2006)3scc620 ; state of punjab v. nestle india ltd. and anr. : 269itr97(sc) ; and motilal padampat sugar mills co. ltd. v. the state of u.p. and ors. : 118itr326(sc) .39. shri ..... , would not confer status of state agency, as it merely provided for maintaining fiscal equilibrium as a regulatory measures. the bank was having purely commercial activity.20. in state of punjab and ors. v. raja ram and ors. : 2scr712 , the question arose that in case the land is acquired for the food corporation of india, whether the provisions of .....Tag this Judgment!
Court : Allahabad
Reported in : 66CompCas684(All)
..... case of s. l. kapoor v. jagmohan, air 1981 sc 136, the lieutenant governor of delhi, in exercise of the powers conferred under section 238(1) of the punjab municipal act, 1911, superseded the new pelhi municipal committee. the order was challenged on the ground that it had been passed without affording any opportunity to the members of the committee. dealing with the nature of ..... and the rights and responsibilities to which we have referred and the expectation of the committee to serve its full term of office would certainly create sufficient interest in the municipal committee and their loss, if superseded, would entail civil consequences so as to justify an insistence upon the observance of the principles of natural justice before an order of ..... case of mohd. rashid ahmad v. state of u.p., air 1979 sc 592, the dispute related to non-absorption of mohd. rashid ahmad in the service of the municipal corporation, kanpur. he was appointed as officiating executive engineer and continued to function in the same capacity on a purely temporary arrangement. the u.p. public service commission considered that ..... . learned counsel for the petitioners contended that before passing the impugned order, the regional director did not afford any opportunity to the petitioners to contest the applications and thereby acted in violation of the principles of natural justice. it was further urged that the requirement of law regarding formation of opinion of the authority concerned that it was necessary so .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1967All301
..... pronouncement of the supreme court in firm seth radha kishan v. administrator, municipal committee. ludhiana : 2scr273 . in that case their lordships were called upon to consider the provisions of the punjab municipal act, 1911. under section 86 of that act the liability of any person to be taxed could not be questioned ..... in any manner or by any authority other than that provided in the act. it was contended that the act was a self-contained code conferring ..... , even if its order is expressly or by necessary implication, made final, if the said tribunal abuses its powers or does not act under the act but in violation of its provisions.' 6. the same view has been reiterated by the supreme court in two subsequent cases reported in ..... decision of the appellate authority had been made final under section 88. since the appellant did not choose to pursue the remedy provided under the act the civil court had no jurisdiction to entertain the suit. 3. on behalf of the respondent reliance was placed on the case of cantonment board ..... modifying an order in respect of any valuation or assessment, or liability to assessment or taxation, shall be final. the argument was that the act had prescribed the procedure for making objections against the assessment; that upon the dismissal of thoseobjections the assessee had been given a right of appeal .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1951All736
..... . was entitled to the return of the goods supplied by him under section 70 of the contract act. 63. in madura municipality v. k. alagirisami naidu, a. i. r. (26) 1939 ..... into by the municipality had to be executed62. in ram chand lotia & sons v. municipal committee, lahore, a. i. r. (20) 1933 lah. 14, a bench of the lahore high court held that even though the contract was void by reason of section 47, punjab municipal act, 3 of 1911, the plff ..... the provisions of a special & particular statute are in conflict & inconsistent with the provisions of a general statute. the provisions of the municipalities act which may be taken to be a special statute referred only to the execution of a contract & rendered the contract void if it was ..... collecting tolls for three years. the deft, collected tolls but there was no written agreement which was required by the provisions of section 45, municipalities act. the suit was dismissed upon the ground that the contract was void. it was observed:'the suit is based upon the agreement, & upon ..... mad. 957, it was held that even though a contract was void under section 68, madras district municipalities act, benefit received must be restituted under section 65, contract act .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1969All278
..... be noticed that in ram dial'scase : 2scr858 , all that the petitioner was claiming was his rights as a municipal member. those rights were created by the punjab municipalities act. yet the supreme court permitted the member to urge before the court that he could not be removed from membership in contravention ..... be waived at all.20. in ram dial v. state of punjab : 2scr858 , the supreme court had to examine the provisions of the punjab municipalities act sections 14 (e) and 16 (1) of the punjab municipalities act provided for different methods for the removal of a municipal member. the proviso to section 18 (1) provided for a ..... . that it cannot be said that such a drastic provision is justified as being in relation to the objective of the u. p. municipalities act, and any special treatment meted out to the owners of nazul land cannot be justified on the ground that it has any reasonable relationship with ..... will of the authority.... in this view section 5 must be declared to be void'.it may be mentioned here that section 5 of the punjab act empowered the collector to evict occupiers of land summarily,28. a different view was taken by the minority of the constitution bench in that case. ..... a notice in writing calling upon such person to show cause why an order of eviction should not be passed. section 5 of the punjab act provides that if after considering the cause and the evidence produced by such person and after giving him reasonable opportunity of being heard the collector .....Tag this Judgment!