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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: delhi Year: 1972 Page 1 of about 40 results (0.056 seconds)

May 09 1972 (HC)

Municipal Corporation of Delhi Vs. Kundan Lal

Court : Delhi

Decided on : May-09-1972

Reported in : ILR1973Delhi35

..... . 85 in sundar nagar, new delhi, the construction of which was completed in october, 1956. the new delhi municipal committee, in whose area this property fell at the relevant time, sent a notice under section 67 of the punjab municipal act, 1911 (hereinafter referred to as the act), on january 7, 1957 to the plaintiff/respondent proposing assessment of the new building to house tax and ..... not entered in the assessment list prepared for the period 1-4-58 to 31-7-59. on september 4, 1959, the new delhi municipal committee purporting to act under section 67 of the act issued a notice to the punjab national bank ltd. that inasmuch as the building was completed and was occupied from 1st july, 1958, it had to be assessed to ..... the appellant in both the cases reliance has first been placed on a full bench decision of this court in l.p.a. no. 93 of 1967, new delhi municipal committee vs. the punjab national bank ltd. (i) decided on 28th october, 1969. according to the learned counsel, the controversy has been settled by this f.b. decision and the tax as ..... -53, could not have been inserted in that list.' this observation was made while construing the judgment of d.k. mahajan, j. in municipal corporation of delhi vs. capt. bhawani dass and others i.l.r. 1963(1) punjab 541 thus what was decided by the full bench was that if a property comes into existence at a particular point of time .....

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Nov 16 1972 (HC)

Dewan Daulat Ram Kapur Vs. New Delhi Municipal Committee and anr.

Court : Delhi

Decided on : Nov-16-1972

Reported in : ILR1973Delhi363

..... tenant to agree to a rent which is higher than some notional fair rent though none is determined........ 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 ..... and he issued a mandamus to that effect. (6) annual value or rateable value is determinable under the delhi municipal corporation act, 1957, hereinafter referred to as 'the corporation act' under section 116 and under the punjab municipal act, 1911, hereinafter referred to as 'the municipal act' under section 3(1)(b). for all practical purposes, the provisions of these two sections are similar except that section 116 of ..... within the jurisdiction of the new delhi municipal committee which is governed by the punjab municipal act, 1911. the appeals are in respect of properties which are situate within the jurisdiction of the municipal corporation of delhi which is governed by the delhi municipal corporation act, 1957. properties situate within the jurisdiction of the municipal corporation of delhi or the new delhi municipal committee are again governed by the delhi .....

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Dec 12 1972 (HC)

Dhan Raj Jayna Vs. S.P. Singh

Court : Delhi

Decided on : Dec-12-1972

Reported in : AIR1973Delhi297

..... by the controller but also its fixability under the delhi rent control act. 1958 would afford a guideline to the municipal assessing authority.11. another distinction between the relevant provisions of the delhi rent control act, 1958 and the relevant provision of the delhi municipal corporation act, 1957 and the punjab municipal act, 1911 is that while the former apply only when premises are let ..... concerned with the control of rent payable by the tenant to the landlord, the relevant provisions of the delhi municipal corporation act, 1957 including section 116 thereof and of the punjab municipal act. 1911 including section 3 (1) (b) thereof are concerned with totally different object namely the determination of fair letting namely value by the corporation for assessing the ..... amount of house tax payable to the corporation or the municipality. while the contractual rent is binding on the landlord and the tenant ..... and the tenant there is no statutory determination of the standard rent under the delhi rent control act. 1958 in view of the decision in m. m. chawal v. j. b. sethi, : [1970]2scr390 , referred to above. but as between the municipal assessing authority and the assessed, the criteria for the determination of the standard rent laid down .....

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Mar 28 1972 (HC)

New Delhi Municipal Committee Vs. Ishwar Dass Sahni and Bros.

Court : Delhi

Decided on : Mar-28-1972

Reported in : ILR1972Delhi535

..... province of delhi was administered by the chief commissioner and under section 3 of delhi laws act, 1912 and sections 2 and 3 of delhi laws act, 1915, various enactments were extended with certain modifications to the province of delhi and they included the punjab municipal act iii of 1911. on 1st april, 1937, by notification no. f. 126/37-pub., the governor-general in council ..... mentioned appeal was against the municipal committee and, the decision of the lower appellate court in the second mentioned appeal was in favor ..... in pursuance of sub-section (3) of section 94 of the government of india act, 1935, provided that the functions of the chief commissioner or the local authority which ..... 1967 filed by regal theatre, new delhi against the new delhi municipal committee. the question of law raised in both the appeals is the same and relates to the virus of sub-section (2) of section 61 of the punjab municipal act iii of 1911 as applied to delhi (hereinafter referred to as the act). (2) the decision of the lower appellate court in the first .....

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Dec 22 1972 (HC)

Modi Industries Vs. Union of India

Court : Delhi

Decided on : Dec-22-1972

Reported in : ILR1973Delhi886

..... question then arises as to whether any bar is to be implied by necessary intendment. in this connection, it would be interesting to notice that in the preceding act punjab municipal act iii of 1911, section 86 provided that no objection shall be taken to any valuation or asesssment, nor shall the liability of any person to be assessed or taxed be questioned in ..... trade or it is compensatory or regulatory.(18) the terminal tax in delhi is not a new tax. it had been imposed by the delhi municipal committee and other bodies under the punjab municipal act iii of 1911 and had long been in force and was being collected by the various local authorities operating in delhi in their respective territories except new delhi, these ..... various local authorities mentioned in the second schedule of the act were taken over by the municipal corporation of delhi under the act. provisions were, thereforee, made for ..... mr. chopra has relied upon a full bench decision of the high court of punjab in kelash nath vs. municipal committee batala, . that case turned on the construction of the language in section 84 of the punjab municipal act mentioned above, a provision corresponding to which is absent in the present act. in this case itself the court noticed an illustration given by achhru ram, .....

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Jan 13 1972 (HC)

Delhi and anr. Vs. Management of Blue Star Engineering Co. (Bombay) Pr ...

Court : Delhi

Decided on : Jan-13-1972

Reported in : ILR1972Delhi649; 1973LabIC754

..... municipal committee could be allowed to be superseded there must always exist reasons for the government to come to that conclusion. a statutory ..... to the requisite conclusion in the notification itself. the decision of the state government is not subject to appeal. as a result of the notification under s. 238 of the punjab municipal act, drastic consequences ensue. the orders of the state government are subject to scrutiny by this court in exercise of its writ jurisdiction within certain limits.(22) dua j. ( ..... . 1 also referred to a bench decision of punjab high court in the municipal committee, kharar, district ambala v. the state of punjab wherein while dealing with a somewhat similar question relating to the requirement of recording reasons in support of an order under section 238 of the punjab municipal act (3 of 1911) for superseding a municipal committee, narula j. had observed that before a ..... impugned notification.'(23) this case was followed by a full bench of this court in swaj parkash v. state of punjab (1968) delhi 7 where dua j. observed:- 'i have once again scrutinised the scheme of the punjab municipal act in my endeavor to see if there is reasonable ground for holding action under section 238 to be purely administrative so .....

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Jan 14 1972 (HC)

Chetan Dass and ors. Vs. Delhi Municipal Corporation, Delhi

Court : Delhi

Decided on : Jan-14-1972

Reported in : 8(1972)DLT238

..... have before them the reasons for which it was intended to increase the rateable value. (9) the legality and competence of a notice issued under section 67(1) or the punjab municipal act of 1911, which provision was similar to section 126 with which i am dealing, came in for consideration before a division bench of this court in new delhi ..... plot was owned by the central government and the property was not liable to property-tax and that they had also preferred an appeal under section 169 of the delhi municipal corporation act, which was later on dismissed as withdrawn because they did not deposit the amount of tax, the depositing whereof would have entitled them to the hearing of the appeal ..... act.' it is clear that the defendants urged that they had served a notice under section 126 of the delhi municipal corporation act, 1957 (hereinafter called 'the act') and having received objections issued a call letter to the plaintiffs. the defendants admitted in terms of their ..... to m/s veer & co. the total rent realised per month comes to rs. 135.00. it is submitted that in accordance with the provisions of the dmc act m/s veer & co. is the person primarily liable for the payment on municipal taxes. in this respect the definition of the word 'owner' may kindly referred to as given in the said .....

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Sep 15 1972 (HC)

Amrit Banaspati Company Limited Vs. the Union of India

Court : Delhi

Decided on : Sep-15-1972

Reported in : ILR1973Delhi237

..... law, ordinance, order, by-law, rule or regulation.' the question for consideration is whether the corporation act is an 'existing law' within the meaning of article 305. (34) the punjab municipal act no. 3 of 1911, came into force in 1911. it applied to delhi. section 61 of the said act provided for imposition of taxes. section 62 laid down the procedure. at that time, there was ..... that the terminal tax was being levied by virtue of a notification issued under the punjab municipal act before the constitution came into force and the same continued to be levied under the same notification till april, 1958, after the constitution came into force. but, from and after ..... no entry regarding terminal tax in the then constitution act. however, octroi was being collected at that time. on february ..... even before the constitution came into force, that the same continued to be levied after the constitution for some time under the punjab municipal act and thereafter under the present corporation act. and that the provision in section 178 of the corporation act is, thereforee, an 'existing law' which is saved by article 305. there is no force in the said contention. it is true .....

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Nov 16 1972 (HC)

Municipal Corporation, Delhi Vs. Sham Kapur, Dewan Daulat Ram, Balkish ...

Court : Delhi

Decided on : Nov-16-1972

Reported in : 1972RLR166

..... , the annual value shall not exceed the standard rent where it has been fixed. it is conceded by the parties that the absence of a similar provision in the punjab municipal act is not material and that it does not alter the law per corporation of calcutta v. life insurance corporation 1970 (2). s.c.c. 43. it is further conceded that ..... reasonable cost of construction as well as the market value of th3 land and issued the mandamus. the annual value detemineable under section 116 of the corporation act and under section 3(b) of the punjab municipal act. the provisions of the two are similar except that section 116 has a proviso to the effect that where standard rent has been fixed under the ..... 1958 (1) s.c.r. 546. the annual value of a building is determined under section 131 of the delhi municipal corporation act and under section 3(1)(b) of punjab municipal act. under the delhi rent control act standard rent is defined 'in relation to any premises, means the standard rent referred to in section 6 or, where the standard rent has been increased under ..... fall bench. the writ petition is in respect of property situated in jor bagh within the limit of new delhi municipal committee which is governed by the provisions of the punjab municipal act. the appeals are in respect of properties to which delhi municipal corporation act applies. in none of these standard rent has been fixed by the controller. all the properties are let out to .....

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Aug 17 1972 (HC)

Ram NaraIn and ors. Vs. Cantonment Board Delhi and ors.

Court : Delhi

Decided on : Aug-17-1972

Reported in : AIR1973Delhi84

..... of the statuary period of sixty days fixed by section 193 (4), punjab municipal act .......... after the expiry of that period the application must be deemed to have been sanctioned.'14. the contention of the learned counsel for the petitioners ..... deemed to have been sanctioned. dealing with the contention the court observed. '......... there is not doubt that the municipal committee has no power left to issue a notice under section 195 punjab municipal act after a sanction to build was either given by it or is deemed to have been given by the lapse ..... sanction of a layout plan but the same was not sanctioned within the stipulated period of 60 days as provided in section 313 of the delhi municipal act, 1957 which section envisages that not person shall utilise, sell or otherwise deal with any land or layout or make any new structure without ..... was communicated to the petitioner within 30 days by the relying upon the provision in section 321 (11) of the district municipalities act, the petitioner assumed that this application had been allowed and put up the machinery. subsequently on july 31 964 the concerned ..... support their view point.' reliance was also placed on p.k. ramaswamy v. municipality of coimbatore (1986) 1 mlj 199. in that case the petitioner applied to municipal on 27th april, 1961 under section 250 of the district municipalities act for permission to install machinery for stating a flour mill in his premises. no .....

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