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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: madhya pradesh Page 1 of about 297 results (0.063 seconds)

Feb 03 1965 (HC)

Municipal Committee/Council Vs. Meghraj Phojraj Baghrecha and anr.

Court : Madhya Pradesh

Reported in : AIR1966MP104

..... against wrong orders of the municipal authorities. the firm then preferred an appeal to the supreme court against the decision of the ..... punjab high court. the supreme court, after considering the provisions of section 9 of the code of civil ..... of 3 pies per maund and that the municipal committee was not justified in recovering from him tax at the rate of -/10/- per maund payable 'in respect of salt of all kinds other than common salt.' the punjab high court held that the civil court had no jurisdiction to entertain the suit as the punjab municipal act, 1911, provided a remedy by way of appeal ..... procedure and the relevant provisions of the punjab municipal act, including section 86(2) of that act which provided that no refund of any tax would be claimed otherwise than in accordance .....

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Feb 07 1996 (HC)

Alpaai Nagrik Grih Nirman Sahakari Sanstha and anr. Vs. State of Madhy ...

Court : Madhya Pradesh

Reported in : AIR1996MP133

..... to the decision given by the supreme court of india in yogendra pal v. municipality, bhatinda, air 1994 sc 2550. section 192 of punjab municipal act, 1911, provided that while framing a town planning scheme 25% of the land would vest in the municipal authorities free of costs. even though this was a pre-constitution law, the supreme ..... .in para. 15 it was concluded :'hence, white we hold that the provisions of section 192(1)(c) of the punjab municipal act, 19)1 and of section 203(1)(c) of the haryana municipal act, 1973 being violative of article 14, of the constitution are void with effect from the date of this judgment and set ..... is up to 3 years. even this period of 3 years is over. the petitioner would accordingly apply afresh. the petitioner may also apply to the municipal corporation. in case, such an application is filed, the same be disposed of in accordance with law. if the lay out plan is not to be ..... of the word 'transferred' is a euphemism for 'acquisition'. we have also emphasised above the fact that if the land was not to vest in the municipal committee there was no need for the legislature to provide for payment of compensation even when the land so 'transferred' exceeds 25 per cent of the ..... with such principles and given in such manner as may be specified in such law. as has been discussed above, section 192(1)(c) of the act provides for acquisition of the land without providing for payment of compensation up to 25 per cent, of the land of the landowner and also without .....

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Apr 23 1958 (HC)

Municipal Committee Vs. Ramkaran Ganeshilal

Court : Madhya Pradesh

Reported in : AIR1958MP355

..... , and not the administrator, was the party in the high court. it was also urged that as the municipal committee had been constituted by section 18 of the punjab municipal act, 1911 (no. iii of 1911) a body corporate with perpetual succession, its supersession did not put an end to the corporation and that all legal proceedings by or, against the ..... corporation must be instituted only in the name of the corporation. their lordships of the federal court repelled these contentions, and observed : 'the provisions of section 18 of the punjab municipal act ..... by section 80, civil procedure code, and that the notice sent by the plaintiff was really one under section 49, punjab municipal act. it was urged that a notice to the collector was necessary inasmuch as the committee having been superseded under section 238, municipal act, all property, which was vested in the committee became vested in his majesty. din mohammad j. repelled ..... demolishing building on the ground that the land under the building belonged to him, and not to the municipality. sanction to construct certain building had been granted to him by the municipality, but it was superseded under section 238. punjab municipal act, and the sanction was suspended by the deputy commissioner, sialkot. the plaintiff, then, served a notice on the .....

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Jul 03 1995 (HC)

Nagar Palika Nigam Vs. Rajeshwar Dayal

Court : Madhya Pradesh

Reported in : 1996(0)MPLJ97

..... ram kapur; air 1942 federal court 14. the federal court was interpreting provisions of sections 18 and 238 of the punjab municipal act, 1911. these are equivalent to sections 8 and 208 of the municipalities act. while dealing with the technical objection as to the maintainability of the litigation at the instance of the administrator, it ..... was held that the proceedings taken by the administrator are valid proceedings. the relevant observations be noticed as under :-'the provisions of section 18, punjab municipal act, relating to the corporate character of the committee and the manner of suing must be read subject to the provisions of section 238(2) which ..... be no transfer of interest in favour of respondent defendant by a deed which was not registered and executed in accordance with the provision of municipal act.22. it would be apt to deal with the finding recorded by the trial court after the report was called from it in terms of ..... but it has to be noted that it was not contended on behalf of the appellants that the provisions of section 47(3) of the municipal act are not mandatory and are merely directory. such an argument was not and could not have been advanced because it is settled law that ..... conclusion that some lease had come into existence. the method and manner in which the contracts are to be entered into, has been indicated in the municipalities act. section 106 is relevant. in this regard, a reference may be made to a decision given by the supreme court in the case of h .....

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Jul 04 1994 (HC)

Jagannath Prasad Vs. Municipal Committee and anr.

Court : Madhya Pradesh

Reported in : 1995(0)MPLJ212

..... further came to the conclusion that there has to be a contract in terms of the act and in case there is no valid resolution passed in terms of the act. no binding contract would come into existence. the supreme court was construing the provisions of the punjab municipal act, 1911. the observations made by the court are pertinent and may be noticed as under :-'the ..... answer to the argument is that where a statute makes a specific provision that a body corporate has to act in a particular manner and in no other that provision of law being ..... , has to remove it. there is no doubt that this cabin would fall within the definition of term building and having been placed in contravention of the provisions of the municipal act, it has to be removed.47. building has been the subject matter of several decisions. some decisions which deal with the term 'building' may be noticed.48. in moir v ..... has a right to get the encroachment removed from the space which is accessible to public by resorting to section 223 of the m. p. municipalities act, 1961 (hereinafter referred to as the act').3. the first appellate court maintained the decree of the trial court. the plaintiff in this appeal reiterates the arguments which failed to impress the courts below. it is .....

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Mar 08 1965 (HC)

Ramsingh Gangaram Vs. State of M.P. Through Chief Secretary

Court : Madhya Pradesh

Reported in : AIR1966MP24; 1965MPLJ716

..... by the special statute, and it cannot approach the civil court except when the special tribunal is found to be acting without jurisdiction or in excess of jurisdiction by exceeding the statutory limits. in that case, section 84 of the punjab municipal act, 1911 provided for an appeal against an order about levy of terminal tax on salt: and therefore. their lordships laid down ..... be ousted. in such an event, the civil court would be able to grant a declaration of status of the person concerned.25. in firm radha kishan v. administrator municipal committee. ludhiana, air 1963 sc 1547. their lordships of the supreme court laid down that although under section 9 of the civil procedure code the civil court would have jurisdiction to try ..... 1962 sc 547. their lordships of the supreme court laid down that having regard to the beneficent object which the legislature had in view in passing the orissa tenants protection act, 1948 its material provisions ought to be liberally construed. the legislature intended that the disputes contempleated bythe provisions should be tried not by ordinary civil courts, but by ..... the parties. it is, therefore, necessary lo ascertain whether the civil court had jurisdiction to entertain the present suit; and whether the special tribunals, namely the revenue courts acted without jurisdiction or in excess of the statutory provisions. it is first necessary to determine the powers of the civil court to interfere with decisions of special tribunals, particularly with .....

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Mar 26 1959 (HC)

Singhai Tantilal S/O Panchamlal Vs. City of Jabalpur Corporation

Court : Madhya Pradesh

Reported in : AIR1960MP223

..... not the owner of lorries. similarly devi prasad v. municipal board kanauj, air 1949 all 741 and municipal board v. raghunath pd., air 1954 all 121 are cases where tax ..... , and on this ground the civil courts' jurisdiction was maintained. likewise, in municipal committee, montgomery v. sant singh, ilr 1940-21 lah 707 : (air 1940 lah 377) (fb), the jurisdiction of the civil courts was not held to be barred under the punjab municipal act, 1911, on the ground that the tax could not be assessed on a person who was only a hirer and ..... by its demand offered a rebate of 61/4 per cent in the retail prices.the sub-divisional officer, who was the appellate authority under the c. p. and berar municipalities act, 1922 before the constitution of the city of jabalpur corporation, fixed the rebate at 12 1/2 per cent and sanctioned imposing of double octroi duty for evasion by way ..... vires of a provision or where the matter goes beyond the limits of a statute, stand on a different footing. thus in chairman of giridih municipality v. suresh chandra mozumdar, ilr 35 cal 859, the bengal municipal act, 1884, was nail held to bar the jurisdiction of the civil courts in a case where the assessment was challenged on the ground that it .....

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Nov 14 2008 (HC)

Ambrish Kumar and Damodar Das and ors. Vs. the State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2009(3)MPHT374

..... ramkrishan mahajan (supra). in the said case, their lordships were dealing with a batch of appeals under the provisions of the punjab municipalities act, 1911. the question that arose for consideration was whether certain land ought to be released from acquisition under section 48 of the land acquisition ..... a large tract is required, the question arises whether the invocation of the urgency clause was necessary or not.11. in dora phalauli v. state of punjab and ors. : air 1979 sc 1594, it has been held that for making the provision of sub-section (1) of section 17 applicable, there ..... conditions are attached to it. we have already indicated that the notification was published in the official gazette. the notification issued under section 6 of the act has been published in dainik bhaskar and choutha sansar. thus, it is manifest that there has been wide publication of the preliminary notification and the ..... , taking all relevant considerations into account and is satisfied that there exists emergency for invoking powers under sections 17 (1) and (4) of the act, and issues notification accordingly, the same should not be interfered with by the court unless the court comes to the conclusion that the appropriate authority had ..... a person having any interest in the property to file an objection under section 5-a of the act should not be interfered with in such a casual or cavalier manner.12. in the case of state of punjab and anr. v. gurdial singh and ors. : air 1980 sc 319, it has been held .....

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Feb 06 1981 (HC)

Ramcharan and anr. Vs. Narsingh Das Gandhi (Dead) and ors.

Court : Madhya Pradesh

Reported in : AIR1982MP40; 1981MPLJ727

..... on a piece of ground is a building within the meaning of section 3 (2) of the said act. this analogy of the definition of 'building' as given in different context does ..... has been subsequently added ini the u.p. act by the amending act no. 17 of 1954, is not at all there. in nandu-lal v. municipal committee simla, ilr 5 lah 543 : (air 1925 lah 252) it his been held in connection with the punjab municipal act, 1911 that wooden shed mounted on wheels and placed ..... it is situated. in the light of the facts as they were, the supreme court held that definition of 'accommodation' in the u. p. act as amended, encompassed leases of buildings only 'inclusive of what renders them more congenial butnot of businesses accommodated in buildings nor of premises let out with ..... the building is also leased out to the lessee by the same transaction'.the supreme court ruling revolves round this clause, added by the amending act and its interpretation. the question before the supreme court was whether a cinema theatre equipped with projectors and other fittings and ready to be launched ..... been decreed by the trial court on the grounds under sections 12(1) (b) and 12 (1) (f) of the m. p. accommodation control act, 1961. his claim for mesne profits was equally allowed, though all claim for interest and costs had been completely disallowed. the defendants' appeal filed against the .....

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May 13 2003 (HC)

Rajiv Sharma Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2003(3)MPHT225

..... occupies itby election ad he is deprived of the office by an executive order inwhich the electorate has no chance of participation. ' similarly, while considering the powers conferred under the punjab municipal act of 1911 for removing a president of the council the supreme court in the case of tarlochan dev sharma (supra) has observe as follows :-- paras 7 and 8 : '7. in ..... of daulat ram gupta (supra) and in paragraphs 9 and 10, after recording facts of the case, it has been observed as under:--'9. section 41-a of the municipalities act, 1961 empowers the state govt. at any time to remove the president, vice president or chairman of any council if a opinion is formed by the state govt. that continuance ..... him from the post of president, in exercise of the powers conferred under section 41 (a) of the madhya pradesh municipalities act, 1961 (hereinafter referred to as the act of 1961).2. according to the petitioner, he was elected to the municipal council (hereinafter referred to as the council) in the election held on 26-12-1999, result thereof was declared on 28 ..... mayor-in-council/presi-dent-in-council and the powers and functions of the authorities) rules, 1998, madhya pradesh municipalities (financial powers of authorities and limit for inviting tenders), section 109 of the madhya pradesh municipalities act, 1961 and provisions of the madhya pradesh municipalities (transfer of immovable property) rules, 1996, shri jain argues that for transfer of property in such cases, wide .....

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