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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: gujarat Page 1 of about 445 results (0.021 seconds)

Mar 24 1964 (HC)

Patel Kanchanbhai Mangalbhai and anr. Vs. Maneklal Maganlal Gandhi and ...

Court : Gujarat

Reported in : AIR1966Guj19; (1965)GLR200

..... court were quoted with approval by a division bench of the lahore high court in sat narain v. hanuman parshad air 1946 lah 85, in a case arising under the punjab municipal act, 1911. it is, therefore, clear that the word 'election' is used with reference to the entire process which consists of several stages and embraces many steps some of which may have ..... bench in knglund in burgoyne v. collins, (1882) 8 qbd 150 the question in that case arose under section 1, sub-section 2 of the municipal elections act, 1875. which provided that every candidate al a municipal election shall be nominated in writing subscribed by two burgesses as proposer and seconder. and by eight others as assenting to the nomination, and that 'each ..... a separate nomination paper, but the same burgesses, or any of them, mav subscribe as many nomination papers as there are vacancies to be filled, but no more''. at a municipal election where there were four vacancies to be filled a burgess subscribed four nomination papers, which were delivered within due time and subsequently he subscribed a fifth nomination paper, which ..... the field after the rejection of the nomination papers of the petitioners and communicated the name of respondent no. 1 to the district development officer and the district development officer, acting under rule 59, published the name of respondent no. 1 as elected candidate by issuing a notification dated 4th february 1964. this notification was, however, published in the gujaral government .....

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Apr 24 1980 (HC)

Modern BobbIn Co. Private Ltd. and ors. Vs. the Billimora Municipality ...

Court : Gujarat

Reported in : AIR1981Guj75; (1981)GLR642

..... year to year. whereas we find in the gujarat municipalities act, 1963, the expression annual letting value', the expression which is used in the punjab municipal act, 1911, is 'annual value'. while defining the expression 'annual value' the punjab municipal act, 1911, uses the expression 'gross annual rent'. section 2(1) of the gujarat municipalities act, 1963, while defining the expression 'annual letting value'. uses ..... it becomes the gross annual rent as contemplated by section 3 of the punjab municipal act, 1911, however, whether there is annual rent which, includes certain elements as contemplated by section 2(1) of gujarat municipalities act, 1963, or whether it is gross annual rent as contemplated by punjab municipal act, 1911, it must be one at which a building may reasonably be expected, ..... .6. our attention has been invited to the decision of the supreme court in devan daulat rai kapoor v. new. delhi municipal committee, air 1980 sc 541. section 3(1)(b) of the punjab municipal act, 1911, defined the expression 'annual value' as the gross, annual rent at which the building may reasonably be expected to let from ..... 'annual rent at which the building may reasonably be expected to let from year to year,'. while such rent under the punjab municipal act. 1911, is 'gross annual rent', it is 'annual rent' simpliciter under the gujarat municipalities act. 1963. however, section 2(1) while using the 'annual rent' simpliciter in the first part of the definition further provides .....

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Mar 11 1981 (HC)

Sameen Banu Makrani and ors. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (1981)22GLR1084

..... under which the principle of audi alterant partem can be invoked and applied were examined in the context of an order of supe rsession of a municipal committee under section 238(1) of the punjab municipal act, 1911 which required that an opportunity should be given to the committee before the order of super session is made. in that context chinnappa reddy. j., ..... speaking for the court, referred to the decision of the privy council in alfred thangarajah jurayappah v. w. 3. fernando (1967) 2 sc 337, where the order of dissolution and supersession of the municipal ..... which arose in alfred's case (supra), was whether, as a matter of interpretation, natural justice was not excluded from action under section 277 of the municipal ordinance under which jaffna municipal council was dissolved and superseded. the supreme court of ceylon in that case ruled that the obligation to comply with the principles of natural justice was excluded having ..... would be the unfortunate and innocent victims of the controversy between the university and the respondent-college. in that case, the learned advocate for the university appearing before the punjab & haryana high court conceded that in case the respondent-college would undertake to unreservedly follow the guideline issued by the university, the university would not wish to penalise .....

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Mar 26 1981 (HC)

Doshi Mohanlal Durlabhji Vs. Savarkundla Municipality

Court : Gujarat

Reported in : AIR1982Guj6; (1982)1GLR290

..... on the acceptance of their -tenders. the delhi and ajmer rent control act, 1952, does not apply and the application of the said occupiers under section 8 of the said rent control act for the fixation of the standard rent is incompetent.'under section 18 of the punjab municipal act 1911, the municipality is authorised to enter into contract , and to transfer property belonging to ..... it. but that provision is subject to other provisions of that act, and the contract to transfer property has to satisfy the ..... conditions laid down in section 46(2) if the value or amount thereof exceeds rupees 500/-. it was provided under that act that in ..... are not fulfilled, the contract of transfer shall not be binding on the committee and it was held that the provisions of section 47(3) of the said, puniah municipal act are mandatory and are not merely directory. therefore, in view of those provisions the supreme court held that those persons who had occupied as tenants and we actually paying rent .....

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Sep 08 1994 (HC)

Municipal Corporation of the City of Ahmedabad Vs. Oriental Fire and G ...

Court : Gujarat

Reported in : AIR1994Guj167; (1994)2GLR1498

..... singh v. m.c.d., air 1985 sc 339. 15. in devan daulat rai kapoor, the supreme court was concerned with the interpretation of section 3(1)(b) of the punjab municipal act, 1911, which defined 'annual value' to mean 'the gross annual rent at which such house or building............ may reasonably be expected to let from year to year'. after examining the earlier ..... of the constitution of india and gazetted on 25th november, 1976. these rules relate to the appeals filed under section 138 of the gujarat municipalities act, 1963, as well as under section 406 of the b.p.m.c. act, 1949 before the small cause court. apart from providing as to how the appeal should be presented the said rules also deal with ..... no jurisdiction to undertake the exercise of fixing the ratable value itself. similar contention was also raised in anant mills case. the court examined the relevant provisions of the calcutta municipal act, 1928, and comparedthe same with the provisions of the bombay provisional municipal corporation act, andthen observed as follows:-- '.... this decision given on the basis of ascheme of taxtion contained in the calcutta ..... in the city of ahmedabad, the court was called upon to interpret the provisions of section 2(1) of the gujarat municipalities act, 1964, which are, more or less, in pari materia with section 2(1a) of the b.p.m.c. act. after referring to its earlier decisions in the case of corporation of calcutta v. padma debi, air 1962 sc 151 .....

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Oct 03 2011 (HC)

Jitendrasinh Shivsinh Vansiya Vs. State of Gujarat and 5

Court : Gujarat

..... under section 4116. inthe case of tarlochan dev sharma v. state of punjab and ors.(supra) the honourable supreme court while dealing with the removalof a president of the council under punjab municipal act, 1911, heldin paragraphs 6 and 11 as under:-"6. in a democracy governed by rule ..... thehonourable supreme court in the case of sharda kailash mittal v.state of mp (supra) while considering the analogous provisionunder the madhya pradesh municipalities act where the case was ofremoval of president, observed in paragraphs 18 and 19 as under:- 18. for taking action under section 41- ..... of m.p,reported in 2010 (1) glh 744 (sc);2. decisionof the supreme court in tarlochan dev sharma v. state of punjab(2001) 6 scc 260;3. adivision bench ruling of this court rendered in the case ofraysangbhai ranchhodbhai thakor v. state of gujarat, lpa ..... /2998/2010 17/17 inthe high court of gujarat at ahmedabadletterspatent appeal no. 2998 of 2010inspecialcivil application no. 4115 of 2010forapproval and signature: honourablethe acting chief justice mr. a.l.davehonourablemr.justice j.b.pardiwala=========================================================1whether reporters of local papers may be allowed to see the judgment ?2to be referred ..... been proved definitely falls within theambit of section 57 of the act. further, it cannot be said so far asthe present case is concerned, as held by the supreme court intarlochan dev sharma v. state of punjab (supra) that this is a caseof singular or casual aberration .....

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Mar 17 2015 (HC)

Gitaben Vs. The State of Gujarat Through and Another

Court : Gujarat

..... to examine certain judicial pronouncements of the apex court in this regard. 22. in tarlochan dev sharma v. state of punjab, (2001)6 scc 260, the apex court, while dealing with the removal of a president of the council under the punjab municipal act,1911, held as below: 7. in a democracy governed by rule of law, once elected to an office in a democratic ..... supplied) 23. more recently, in sharda kailash mittal v. state of m.p., air 2010 sc 3450, while dealing with a case of removal of president under the madhya pradesh municipalities act,1961, under an analogous provision, the supreme court has held as below: 18. for taking action under section 41-a for removal of president, vice-president or chairman of any ..... inefficiency, but it cannot be termed as misconduct. as stated by this court, the task of removing unauthorized encroachments is a general problem faced by various local bodies, including municipal corporations and the government itself. if the said local bodies or the government fail to remove the encroachments, it cannot be said that the officers responsible have committed misconduct. 27 ..... of the petitioner if the unauthorised encroachments have not been removed. the task of removing unauthorised encroachment is a general problem which is faced by various local bodies, including municipal corporations and the government itself even when it is armed with court orders and for reasons beyond the control of the concerned functionaries, many times it becomes impossible to remove .....

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Aug 05 1991 (HC)

Commission of Income-tax Vs. M.K. Shivraj Singhji

Court : Gujarat

Reported in : [1991]192ITR120(Guj)

..... principles laid down in the rent control act and it cannot exceed such a measure of standard rent. the assessing authority would have to arrive ..... the standard rent. 5. in dewan daulat rai kapoor v. new municipal committee : [1980]122itr700(sc) , the supremn court held that the annual value of a building, for the purposes of house tax, whether under section 3(1)(b) of the punjab municipal act, 1911, or under section 116 of the delhi municipal corporation act, 1957, is limited to the measure of standard rent determinable on the ..... the revenue to the extent of the value of the self-occupied property. the commissioner, therefore, invoked the power vested in him under section 263 of the income-tax act, 1961 (the 'act' for short), and called upon the assessee to show cause as to why the assessment should not be revised. the assessee resisted the action of the commissioner. the commissioner ..... at its own figure of standard rent by applying the principles laid down in the rent control act for determination of .....

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Aug 30 1983 (HC)

H.U.F. Bai Nani and anr. Vs. Baroda Municipal Corporation

Court : Gujarat

Reported in : (1984)1GLR526

..... . in support of the said proposition mr. nanavati relied on the case of devon daulat rai kapoor etc. v. new delhi municipal committee and ors. : [1980]122itr700(sc) . in the aforesaid case section 3(1)(b) of the punjab municipal act (iii of 1911) defining the annual value of the building came up for consideration before the supreme court. section 3(1)(b) of the ..... punjab municipal act defines the annual value to mean, in the case of any house or building 'the gross annual rent at which such house ..... . oza, learned counsel appearing on behalf of the corporation who had also filed substantive appeals has contended that under proviso (c) to section 2(1a)(ii) of the bombay provincial municipal corporations act, 1949 the valuation of rs. 83,602/- has been properly fixed, by the commissioner and the same being legal the rateable value ought to have been maintained, and the ..... , while fixing the rateable value at rs. 20,760/- the courts have failed to apply the principles of standard rent method provided by section 2(1a) of the bombay provincial municipal corporations act, 1949;(2) that the courts below have not given reasons for arriving at the figure of rs. 20.760/- as rateable value; and(3) that both the courts below .....

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Oct 30 1968 (HC)

Employees' State Insurance Corporation Vs. Himatram Ramdas

Court : Gujarat

Reported in : (1969)GLR377; (1969)IILLJ529Guj

..... suit. under s. 61(2) the municipal committee had power to impose, with the previous sanction of the state government, ..... salt. the appellant filed a suit to recover the amount collected from him by the municipality as terminal tax on that salt. a question arose in that case whether in view of the provisions of the punjab municipal act (3 of 1911), ss. 61(2), 84 and 86, the civil court had jurisdiction to entertain the ..... any tax shall be claimed by any person otherwise than in accordance with the provision of the act and the rules thereunder. the supreme court, therefore, noted that under the provisions of the punjab municipal act, a liability is created by the provisions of the statutes and a remedy is provided by the ..... special orders which the state government might make in that behalf. there was no dispute that the state government had issued a notification empowering the municipal committee to impose terminal tax on common salt and any other salt which was not common salt. under s. 84, a right of appeal ..... not acted in conformity with the fundamental principles of judicial procedure. the question as to when the jurisdiction of the civil court can be said to be impliedly barred by the provisions of a statute was also considered by the supreme court in the case of firm radha kishnan v. ludhiana municipality [ .....

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