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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: punjab and haryana Year: 1988 Page 1 of about 24 results (0.059 seconds)

May 25 1988 (HC)

Ramesh Birch and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Decided on : May-25-1988

Reported in : AIR1988P& H281

..... practice,. the extensions of the type. which are impugned in this case, had been the legislative practice throughout the century. to set a few examples, the punjab municipal act, 1911, was enforced in delhi. that act was amended by punjab acts 1 of 1922, 2 of 1923, i of 1925, is of 1926, 3 of 1933, 1 of 1937 and 3 of 1935. all these amendments were ..... (g) of section 2 of the punjab reorganisation act. 1966.' the schedule to this order refers to indian stamp act, 1899, among others. but not the east punjab urban rent restriction act (act 3 of 1949). act 3 of 1949 applied to all urban areas in punjab. section 2(j) of that act defined 'urban area' as meaning any area administered by a municipal committee. a cantonment board. a town ..... committee or a notified area committee or any area declared by the state government by notification to be urban for the purpose of this act ..... . after the adaptation order was made, the central government in exercise of the powers conferred by clause (j) of section 2 of the punjab act 3 of 1949 .....

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Nov 07 1988 (HC)

Tilak Raj Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Nov-07-1988

Reported in : [1989]178ITR327(P& H)

..... is occupied by the owner himself. therefore, in all such cases, the annual value of the building for 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 the standard rent determinable on the principles laid down in the rent control ..... clearly goes to show that the standard rent can be fixed not only by the rent controller but can also be determined on the principles laid down in the act by the municipal authorities when they are to impose property tax. similarly, if the income-tax officer proposes to find out the gross annual income of a self-occupied building, it will ..... . sot, air 1977 sc 302 expressed the following view (headnote) :'the income-tax officer is bound to consider the fair rent determinable under the provisions of the east punjab urban rent restriction act, 1949, for determining the annual letting value of self-occupied property for which fair rent has not been determined by the rent controller,'6. in sheila kaushish's case ..... annual value, the tribunal rejected the argument raised on behalf of the assessee that the annual value has to be determined in accordance with the provisions of the east punjab urban rent restriction act, 1949 (hereinafter called 'the act'), on the reasoning that the house was never let out and the standard rent should be determined only by the rent controller under the .....

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Jul 25 1988 (HC)

Parbhat Talkies and ors. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Jul-25-1988

Reported in : [1989]73STC249(P& H)

..... , 1976 or of a municipality declared as such under the punjab municipal act, 1911; and(b) three thousand rupees per annum in areas other than the local areas specified ii in clause ..... punjab has taxed exhibitors by means of the impugned legislation as follows :(1-a) notwithstanding anything contained in sub-section (1) the government may, by notification, levy lump sum entertainment duty at a rate not exceeding:(a) four thousand rupees per annum in the local area of a city constituted as such under the punjab municipal corporation act ..... is clear that entertainment duty per capita is payable on cinema shows under section 3(1) but section 3(1-a) of the act attracts entertainment duty per stirpes. there is an obvious distinction discernible in the two kinds of entertainment attracting two different entertainment duties.6. ..... -cinema owners and an association of cinema owners, operating in the state of punjab, to challenge the insertion of sub-section (1-a) in section 3 of the punjab entertainment duty act, 1955 (for short 'the act') with effect from 1st april, 1986, annexure p.1 to the petition. ..... 2. section 3 of the act is the charging section where duty on payments for admission to entertainments .....

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Jun 10 1988 (HC)

Smt. Daljit Kaur and anr. Vs. Municipal Corporation of Amritsar and an ...

Court : Punjab and Haryana

Decided on : Jun-10-1988

Reported in : AIR1989P& H159

..... 3. the foremost attack against the notification is that the corporation did not take resort to section 170 of the punjab municipal corporation act, 1976 (sic) short, the corporation act) whereunder the corporation on decision to acquire any immoveableproperty for the purposes of the act, enjoins its commissioner to acquire property on its behalf by agreement on such terms and at such price as may ..... , air 1970 sc 1188, where their lordships, repelling an identical contention, observed as follows : -- '9. exercise of power to move the state under section 78 of the provincial municipal corporations act, to acquire land is not conditioned by any such limitation as suggested by counsel for the appellant. the opening clause of section 78(1) merely indicates an alternative and not ..... if no attempt is made under section 77 to acquire the land by agreement, it is open to the commissioner of the municipal corporation, with the approval of the standing committee and subject to the other provisions of the act to move the provincial government to take steps for acquisition of the land.' even if the question of fact remains asserted ..... good' is the bout in the instant litigation. the state of punjab has issued notification under section 4 of the land acquisition act, 1894 (for short, the act) on june 6, 1988, annex. p-l to the petition, wherein the avowed purpose disclosed is to acquire land at the instance of the municipal corporation of amritsar, for the purpose of laying new public streets .....

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Sep 21 1988 (HC)

Haryana State Agricultural Marketing Oard Vs. Tara Chand

Court : Punjab and Haryana

Decided on : Sep-21-1988

Reported in : AIR1989P& H294

..... s khushi ram jain & co. v. new delhi municipal committee (1987)2 arbi lr 137.7. after going through the facts and the law laid down in the aforementioned judicial pronouncements, i am of the view that ..... for the respondent decree-holder in support of the impugned order has relied on three rulings of the delhi high court reported as miss mohinder kaur kochhar v. punjab national bank limited, new delhi, air 1981 delhi 106, puri constructions (p) ltd. v. union of india (1987)1 arbi. lr 264 and m/ ..... section 29 would amount to making additions in the language of the statute and would be rather doing violence to the very wording ofsection 29 of the act. i am of the considered view that the delhi high court in miss mohinder kaur kochhar's case (air 1981 delhi 106) (supra) does ..... thereon, whichever isearlier. the future interest could only beawarded by the court passing the decree. onthis aspect also it cannot be said that thelearned arbitrator acted withoutjurisdiction.'the pertinent observations out of the above mentioned observations are 'however, in my view the learned arbitrator could have awarded interest from the date of ..... the decree and if the arbitrator exercises any such power, it would be in violation of the jurisdictionconferred upon the court under section 29 of the act. it has further been laid down that where the arbitrator has made any award in respect of interest after the decree. it should not be .....

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Oct 10 1988 (HC)

Akhara Shri Braham Buta, Amritsar Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Oct-10-1988

Reported in : AIR1989P& H198

..... at loggerheads in the civil court about their managerial rights over the institution and the properties sought to be acquired. in anticipation of filing these petitions, the state of punjab and the municipal corporation, amritsar, had entered caveats. treating these matters as one, as it should be, we heard both the counsel for the petitioner in the respective two cases and ..... the history of the institution and the effort earlier made by the improvement trust, amritsar, to acquire its properties on an earlier occasion under the provisions of the punjab development and damaged areas act, 1951, and the effort being stalled by this court in a decision rendered in cwp no. 365 of 1979 decided on april 2, 1980, vide judgment annexure ..... impedes or prohibits acquisition of religious and charitable properties except a caution occurring in the standing orders issued by the financial commissioner, punjab, which are of antiquity, to avoid as far as possible acquisition of religious and charitable properties. it has ..... the advocate-general, punjab.4. both learned counsel for the petitioner s/shri p. k. palli and r. s. bindra have conceded outright that no provision under the land acquisition act, 1894 .....

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Oct 14 1988 (HC)

Kishan and anr. Vs. NaraIn Dass and ors.

Court : Punjab and Haryana

Decided on : Oct-14-1988

Reported in : AIR1989P& H267; (1990)98PLR51

..... cesses to the state on behalf of the land owners will be in lieu of rent.13. in sub-section (3) of section 4 of the punjab tenancy act, 1887, rent is defined as under : --'(3) 'rent' means whatever is payable to a landlord in money, kind or service by a tenant ..... in somewhat similar circumstances, the apex court dealt with this aspect of the matter and the judgment is reported as mohammad amir ahmad khan v. municipal board of sitapur, air 1965 sc 1923 and it was held thus (at p. 1930):'a title as a permanent lessee with aheritable and ..... the plaintiff claimed that they had become occupancy tenants under the provisions of sections 5 and 8 of the punjab tenancy act and on the commencement of punjab occupancy tenants (vesting of proprietary rights) act, 1953 they became the owners of the land. they never denied the title of the landlord. setting up ..... evidence to prove that they have acquired occupancy rights. consequently, their claim that they have become owners under the provisions of punjab occupancy tenants (vesting of proprietary rights) act, 1953 (act no. viii of 1953), is rejected.17. since i have held that the plaintiffs are tenants-at-will, they are ..... present plaintiff-appellants.16. the plaintiffs have failed to prove that they have acquired occupancy rights under the provisions of the punjab occupancy tenants (vesting of proprietary rights) act, 1953, (act no. viii of 1953). i have held that the plaintiffs have succeeded in proving that they are in possession as tenants .....

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Aug 08 1988 (HC)

Joginder Singh and ors. Vs. Director, Consolidation of Holdings, Punja ...

Court : Punjab and Haryana

Decided on : Aug-08-1988

Reported in : AIR1989P&H234

..... director of consolidation for passing a fresh order after affording them an opportunity of hearing. in shivdeo singh v. state of punjab, air 1963 sc 1909 (at p. 1911), the supreme court held as under : --'learned counsel contends that article 226 of the constitution does not confer any power on ..... challenging the title of the gram panchayat over the land in dispute and the proper remedy lay under section 11 of the punjab village common lands (regulation) act. and that the collector was the proper authority to decide whether the land vested in the gram panchayat or not.4 ..... the gram panchayat challenged the order of the additional director, consolidation of holdings, whereby in exercise of the powers under section 42 of the act, he directed the consolidation officer to redistribute the land pro rata among the proprietors which was deducted for a common purpose. the view taken ..... somewhat similar circumstances, held as under : --'as regards the petitioners not having been made parties to the petition under section 42 of the act, it may be observed that the petitioners had no right to be impleaded as respondents to the petition in question. the matter was between ..... 1. the writ petitioners have challenged the order of the director of consolidation of holdings punjab passed under section 42 of the east punjab holding (consolidation and prevention of fragmentation) act. 1948 (for short, hereinafter referred to as the act) in this petition.2. the brief facts as unfolded in the writ petition are .....

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Sep 01 1988 (HC)

Des Raj Bansal (deceased by L.R.'s) Vs. State of Haryana and Anr.

Court : Punjab and Haryana

Decided on : Sep-01-1988

Reported in : AIR1989P& H240

..... singh of the share of his wife under the gift amounted to improvement of status and in view of the provisions of section 21-a of the punjab preemption act, garib singh could not benefit by the same.12. thus, the submission of the learned counsel is meritless and deserves to be rejected.13. the ..... college, to supplement its incomefor running the institution, may have builtshops on the road side. it is just possible thatif it was not so done, the municipal committeeor the improvement trust may have acquiredthat land for establishing a commercialcomplex. probably keeping that in mind, theinstitution built shops and rented out thesame to augment the ..... in which a challenge was made to a notification dt may 22, 1980 issued under sub-section (2) of section 8 of punjab pre-emption act, 1913 (for short, referred to as the 'act') by the state of haryana to the effect that no right of pre-emption shall exist with respect to the sale of house ..... of right in property made, after the institution of the suit, will not affect the right of a pre-emptor in the suit punjab act no. 1 of 1944 amended the punjab pre-emption act, 1913. the material words mentioned in the statement of objects and reasons, read thus : --'21-a is being added to the ..... by gift or j sale successfully resist a suit for pre-emption in view of the provisions of section 21-a of the punjab pre-emption act, 1913?'gurdev singh, j., speaking for the bench observed as under : --'in fact, the construction put by them on s, 21-a of .....

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Dec 05 1988 (HC)

The Oriental Fire and General Insurance Co. Ltd., Chandigarh Vs. Smt. ...

Court : Punjab and Haryana

Decided on : Dec-05-1988

Reported in : II(1989)ACC186; AIR1989P& H300; [1990]68CompCas79(P& H)

..... das v. sant ram, air 1954 sc 606, was a case where reliance was placed on a copy of a registered will dt. 7-10-1911. this document had not been proved by any of the witnesses nor did it bear any exhibit mark. the final court held that no foundation was laid ..... of civil procedure (for short 'the code') are, therefore, applicable to the proceedings before the tribunal. section 1 of the act, inter alia lays down that it applies to all judicial proceedings in or before any court but not to affidavits presented to any court or officer, nor ..... consideration ex. r1 when no objection to its admissibility was taken before the tribunal?5. sub-section(2) of section 110-c of the motor vehicles act, 1939 vests the tribunal with the power of civil court of compelling discovery and production of documents. the provisions in this regard contained in the code ..... the insurance policy. it was tendered in evidence by the statement of the counsel at the stage of closing the case. section 64 of the evidence act, 1872, provides that documents must be proved by primary evidence except in the cases mentioned in section 65. section 65 ibid lays down that secondary ..... insured with the oriental fire and general insurance company limited (for short 'the insurer'). on a claim application made under section 110-a of the motor vehicles act, 1939 by the widow and the children of the deceased (for short 'the claimants'), the motor accident claims tribunal (for short 'the tribunal') awarded in .....

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