Court : Delhi
Decided on : Oct-15-1993
Reported in : 1993IVAD(Delhi)522; 52(1993)DLT395; 1993(27)DRJ635
..... will be rendered valid. however, as it now stands, it goes beyond the rule making power specified in section 188(n) of the punjab municipal act, 1911 and is thereforee rendered ultra vires. it should be the aim of the court to read the bye-law in such a way that it ..... fixed or retained without the written permission of the secretary, new delhi municipal committee granted in accordance with the bye-laws framed by the new delhi municipal committee from time to time under section 188(n) of the punjab municipal act, 1911. provided that no such permission shall be granted by the secretary ..... -7 of 1960.(13) these bye-laws, as is evident from the notification, have been promulgated under section 188(n) of the punjab municipal act and came into effect on the expiry of six months from the date of the publication in the delhi gazette. the bye-laws were ..... advertisements are also put at sites owned by private parties.(3) under the provisions of the punjab municipal act, bye-laws relating to control and regulation of advertisements were framed by the new delhi municipal committee vide notification dated 17th september, 1960. according to the respondents bye-law no.6 ..... any wall or other property of a rly. administration. (h) advertisement which relates to any activity of the central government or the corporation or other municipalities and statutory bodies. 'explanation:- the word 'advertisement means any word, letter, model, sign, placard, notice device or representation, whether illuminated or not .....Tag this Judgment!
Court : Delhi
Decided on : May-28-1993
Reported in : AIR1994Delhi112; 51(1993)DLT334; 1993(27)DRJ144
..... of any premises, the rent agreed upon between the landlord and the tenant, may be increased by ten per cent every three years, [inserted by amendment act of 1988] the punjab municipal act, 1911: section 3- definitions - in this act, unless there is something repugnant in the subject or context, - (1) 'annual value' means - xx xx xx (b) in the case of any house or ..... :- 1.writ in the nature of certiorari quashing the notices issued by the municipal corporation of delhi ('mcd' for short) under section 126 of the delhi municipal corporation act, 1957 (for short 'dmc act') and those issued by the new delhi municipal committee ('ndmc' for short) under section 67 of the punjab municipal act ('pm act' for short) as extended to delhi, on the properties situated within their ..... corporation of calcutta v. smt. padma debi and others, : 3scr49 , the supreme court was concerned with the question of interpretation of provision of section 127 (a) of the calcutta municipal act, 1923, which section read as under:- 'the annual value of land, and the annual value of any building erected for letting purposes of ordinarily let, shall be deemed to be ..... by the landlord and the rent which he might reasonably expect to receive from a hypothetical tenant. (15) the supreme court in patel gordhandas hargoindas's case after examining various municipal acts and also the law on the subject in england said that annual value or rateable value of land or building is arrived at by one of the three modes, namely .....Tag this Judgment!
Court : Delhi
Decided on : Mar-16-1993
Reported in : 50(1993)DLT207; 1993(25)DRJ548; 1993RLR436
..... question is as to what would the annual value of the properties subject-matter of these petitions under clause (b) of sub-section (1) of section 3 of the punjab municipal act, 1911 (for short 'the act') as applicable to new delhi. the assessment year is 1991-92 (1 april 1991 to 31 march 1992). the properties involved are flats situated in multi-storeyed buildings ..... determine the annual value of the building on the basis of such figure of standard rent. the case of dr. balbir singh was under the provisions of the delhi municipal corporation act and again the court held that standard rent chargeable was the upper limit though the agreed rent could even be less than the standard rent. in both these cases the ..... gandhi marg, new delhi. the flat has been let out at a monthly rent of rs.4,316.00. the new delhi municipal committee (n.d.m.c.), the first respondent issued a notice under section 65 of the act proposing to enhance the annual value from existing rs.9,798.00 to rs.56,977.00. in the notice it was ..... properties were governed by provisions of the drc act as the drc act applied to the areas under the jurisdiction of n.d.m.c. and of the municipal corporation of delhi under the provisions of the delhi municipal corporation act as mentioned in section 1 (2) of the drc act. that covered almost whole of the urban areas of delhi. (8 .....Tag this Judgment!
Court : Delhi
Decided on : Oct-05-1993
Reported in : 1993IVAD(Delhi)217; 52(1993)DLT149; (1993)105PLR5
..... , be no dispute that the tribunal is not required to go into the ownership of the premises. a perusal of the notice dated4-1-1993 under section 195 of the punjab municipal act clearly indicates that it was given to s.n. mittal, secretary of respondent no. 1 and also to misha vadhera partner (owner) of the premises calling upon them to demolish ..... petitioner with a direction to demolish the illegal construction within 24 hours. this order was challenged by the respondent no. 1 before the appellate tribunal under section 225 of the punjab municipal act.(6) the petitioner has not been made a party in the said appeal.an application under order i rule 10 civil procedure code was moved by the petitioner before the appellate tribunal ..... in force till now.(5) further averments made in the petition are that a notice under section 195 of the punjab municipal act was issued to the petitioner as owner and to the respondent no. 1 as occupant, by the new delhi municipal committee in respect of the illegal construction with a direction to discontinue the further construction and since the respondent no. 1 ..... ) hansalaya properties, petitioner has filed this petition under article 227 of the constitution of india, thereby challenging the order dated 18/03/1993 of shri m.a. khan, appellate tribunal,municipal corporation of delhi, thereby rejecting the application of the petitioner under order i rule 10 of the code of civil procedure.(2) hansalaya properties, the petitioner is a partnership concern .....Tag this Judgment!
Court : Delhi
Decided on : Nov-24-1993
Reported in : 53(1994)DLT99
..... bahri, j.(1) these two writ petitions pertain to challenging the orders of the appellate authorities by virtue of which appeals filed by the petitioner under the punjab municipal act objecting to the fixation of rateable value of the property bearing no.1, aurangzeb road, new delhi, for the assessment years 1975-76 & 1976-77 ..... month and thus, by virtue of section 6a(l)(a) of the delhi rent control act, 1958 the said amount would be deemed to be the basic rent and the rateable value of the property under the punjab municipal act has to be fixed keeping in view the standard rent. i have perused the orders ..... .418.00 per month vide copy of the order annexure 'b' and in appeal the said order was affirmed by the president of the new delhi municipal committee vide copy of the order being annexure 'c' and the assessing authorities have completely ignored the said two orders. (4) a plea has been ..... whether any standard rent has been fixed under the said provisions or not could be easily known to the new delhi municipal committee because it is the president of the new delhi municipal committee which was the appellate authority under the said order who had decided the appeal fixing the rent under the said ..... what is the value of the same. the impugned orders cannot be sustained as they have completely ignored the provisions of the delhi rent control act, 1958while fixing the rateable value inasmuch as rs.418.00 per month has to be treated the basic rent in view of the aforesaid provisions for .....Tag this Judgment!
Court : Delhi
Decided on : Mar-31-1993
Reported in : 51(1993)DLT308; 1993(26)DRJ71; 1993RLR446
..... plans had lapsed in the year 1988. there could be no revalidation of plans which had lapsed. c)under section 194 of the punjab municipal act whatever time that is allowed for construction has to be allowed at the time of sanction of plans. there is no power to extend ..... copy of the notification showing that the unified building bye laws have been duly adopted by the new delhi municipal committee. the interpretation of section 194 of the punjab municipal act sought to be put on behalf of the plaintiffs that no revalidation of plans can be granted under the ..... applies to areas under the new delhi municipal committee) to grant revalidation of building plans. the only power is under the unified building bye-laws, v. sequoia construction ..... apartment ownership act had come into force and the new delhi municipal committee could not over-look the rights of the apartment owners created under the act. various points have been raised on behalf of the plaintiffs in this connection. they are :- a)there is no power in the punjab municipal act (which ..... of addition, alteration or modification or in any other manner in the building complex. the mandatory injunction is sought against the new delhi municipal committee defendant no.2 to ' demolish all illegal and unauthorised construction in the said building. plaintiffs have also prayed for permanent injunction to .....Tag this Judgment!
Court : Delhi
Decided on : Sep-29-1993
Reported in : 53(1994)DLT674; 1995(75)ELT242(Del)
..... as under :- '10. one of the submissions of the learned attorney-general was that when the question was one of disqualification of an individual member, section 16 of the punjab municipal act expressly provided for an opportunity being given to the member concerned whereas section 238(1) did not provide for such an opportunity and, so, by necessary implication, it must be ..... entitled to a hearing before their licenses were cancelled. the court held as under : 'before taking the drastic action of cancellation of an excise license under section 36, punjab excise act which results in far-reaching consequences involving financial loss, a fair and proper enquiry into the culpable allegations leveled against a licensee should be made after affording him an adequate ..... order dated 30-5-1970 and the said order must be set aside. 19. learned counsel further referred to an relied upon m/s. bhagat singh v. the state of punjab and others - (full bench). in the said case, the petitioner obtained liquor licenses and due to certain irregularities alleged to have been committed by them, their licenses were cancelled ..... bench observed that the appellate authority should give an oral hearing before deciding an application mentioned in the second proviso to section 4-m of the imports and exports (control) act, 1947. the division bench further observed that decision of the application has serious consequences on the final outcome of the main appeal. principles of natural justice would, thereforee, require .....Tag this Judgment!
Court : Delhi
Decided on : May-03-1993
Reported in : 1993(26)DRJ251
..... under section 8 of ordinance 12 of 1949, in respect of property nos.4 flagstaff road civil lines,delhi. order this is an application under section 12 a of east punjab act of 1947, as extended to delhi, and is now treated under section 8 of ordinance 12 of 1949. from the evidence on record and the statement of the petitioner and ..... portions of the property known as 4, flagstaff road, delhi, were sold in 1960 to three different purchasers who have, since, had their respective building plans ap- proved from the municipal corporation of delhi and are in their separate portions. another portion of the property was sold by shri rushdie to shri bhikhu ram jain, ex-m.p. it seems that ..... , 1. block,connaught place, new delhi. r.b.nanak chand is mentioned as a tenant under shri a.a. rushdie in the municipal, income tax and wealth tax records. the rent payable was attached after 1962 by the municipal and income tax authorities for non payment of the dues by shri a.a. rushdie after his leaving for u.k. 'by an ..... . (41) reference may also be made to the judgment of the supreme court in lachhman dass and others v: municipal committee, jalalabad and others etc., : 3scr645 , which held the provisions of section 20b of the displaced persons (compensation and rehabilitation) act, 1954, as unconstitutional for the reason that the section enables the central government to deprive rightful owner of the property .....Tag this Judgment!
Court : Delhi
Decided on : Apr-23-1993
Reported in : 50(1993)DLT532; 1993(26)DRJ99
..... proceedings or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or arrangement may be imposed as if the repealing act had not been * passed. (14) the punjab courts act, 1918, was amended by the punjab courts (amendment) act, 1963, and was extended to delhi by notification published in the gazette of india dated april ii, 1964. after this amendment, section 39 ..... decision of the supreme court in the case of commissioner of income tax, orissa v. dhadi sahu : 199itr610(sc) is, thereforee, clearly distinguishable as section 39 of the punjab courts act provides the forum of appeal when a judgment is passed and an order made by a subordinate court without affecting the vested right of an appeal. assuming what the petitioners ..... of such other subordinate judge shall be deemed to be a district court for the purpose of all appeals so preferred.'before coming into force of the principal act, section 25 of the punjab courts act read as under :- '25. original jurisdiction of district judge in suits -except as otherwise provided by any enactment for the time being in force, the court of ..... in operation as contended by the petitioners. the object of the amending act was speedy disposal of cases. he said it was undisputed that the disposal of cases in the district court was much quicker. thus, mr. lokur said that the supreme court in maganlal chhaganlal (p) ltd.v.municipal corporation of greater bombay and others, : 1scr1 , had gone to the .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Sep-08-1993
Reported in : (1994)48ITD1(Delhi)
..... court cited and other decisions of supreme court on the same point were concerned with the specific language used in income-tax act or concerned municipal act. in those proceedings the provisions of rent control act had a definite say but i am not aware of any restriction so far as the valuation of a property under ..... and approved of by the learned jm namely the one reported in 131itr 589 arose out of income-tax act and municipal act and since the language of those acts were different from the language of wealth-tax act, those decisions should not be read as applying to the valuation of property for the purpose of w.t ..... of by the learned jm namely the one arnolak ram khosla's case (supra) arose out of income-tax act and municipal act and since the language of those acts were different from the language of wealth-tax act, those decisions should not be read as applying to the valuation of property for the purpose of w.t ..... of the hon'ble supreme court in amoiak ram khosla's case (supra), dewan daulat rai kapoor v. new delhi municipal committee  122 itr 700, as well as the decisions of the hon'ble punjab and haryana high court in the cases of jaswant rai v.cwt  107 itr 477 and citv. radhey mohan ..... 3rd member is to be looked into and not reasons given to reach such conclusion. in this connection, shri mehra drew my attention to decision of hon'ble punjab and haryana high court in the case of citv. sobha singh jairam singh (no. 1)  183 itr 148 and of supreme court in the .....Tag this Judgment!