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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: punjab and haryana Year: 1993 Page 1 of about 78 results (0.074 seconds)

Jun 04 1993 (HC)

M/S. Eko Electronics, Patiala and Others Vs. State of Punjab and Other ...

Court : Punjab and Haryana

Decided on : Jun-04-1993

Reported in : AIR1994P& H141

..... the entry of any goods into the local area for consumption, use or sale therein. the slate has delegated these powers to the municipal committee under s. 161 of the municipal act. the explanation to s. 61(2) of the punjab municipal act, 1911 further clarifies that in the said section, the tax will include any duty, cess or fee, which the state legislature has the power ..... area or whether such checking can be made only when a person is bringing or receiving such article to the municipal limits. to resolve this controversy, it will be worthwhile to reproduce the provisions of ss. 76 and 77 of the punjab municipal act, 1911, which read as under:--'76. power to examine article liable to octroi.-- every person bringing or receiving within the octroi ..... for restraining the respondents from entering into the business premises of the petitioners for the purpose of search and seizure of the goods, as there is no provision in the punjab municipal act, 1911, in this regard.2. in brief the facts are that the department of local self government to the state of ..... or terminal limits of any municipality any article on which octroi or terminal tax is payable shall when required by an officer, duly authorized .....

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Jun 04 1993 (HC)

Eko Electronics and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jun-04-1993

Reported in : (1993)105PLR483

..... the entry of any goods into the local area for consumption, use or sale therein. the state has delegated these powers to the municipal committee under section 161 of the municipal act. the explanation to section 61(2) of the punjab municipal act, 1911 further clarifies that in the said section, the tax will include any duty, cess or fee, which the state legislature has the power ..... area or whether such checking can be made only when a person is bringing or receiving such article to the municipal limits. to resolve this controversy, it will be worthwhile to reproduce the provisions of sections 76 and 77 of the punjab municipal act, 1911, which read as under:-'76. power to examine article liable to octroi. - every person bringing or receiving within the octroi ..... for restraining the respondents from entering into the business premises of the petitioners for the purpose of search and seizure of the goods, as there is no provision in the punjab municipal act, 1911, in this regard.2. in brief the facts are that the department of local self government to the state of ..... or terminal limits of any municipality any article on which octroi or terminal tax is payable shall when required by an officer, duly .....

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Dec 23 1993 (HC)

Tejwant Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Dec-23-1993

Reported in : (1993)105PLR599

..... on the part of the members to hold co-option and thus there was no consequential right conferred on the state government to resort to section 12-d of the punjab municipal act, 1911 with a view to go-ahead with the process of nomination. earlier, a question of identical nature cropped up for consideration before the division bench in roshan lal singla v ..... petition, the question arises as to what is meant by the term 'in the event of failure to co-opt due to disturbance' used in section 12-e of the punjab municipal act, 1911. before dealing with this aspect it may be seen that the convenor of the meeting has used the word 'cancelled' while postponing the meeting. the stand of the petitioners is ..... also be seen that the convenor of the meeting is supposed to hold a meeting in accordance with the provisions as envisaged under section 25 (2) and 29 of the punjab municipal act in the matter of holding the meeting. there is no provision which may confer a power on the chairman to 'cancel' or 'adjourn' a meeting. thus, even if expression 'cancelled ..... failure of respondent no. 2 to hold the meeting will not entitle respondent no. 1 to nominate any member under section 12-d of the punjab municipal act. he further argued that there is no provisions in the act under which the meeting convened for the purpose of nominating and co-opting the members can be cancelled. the meeting called on 30th september, 1992 .....

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Feb 25 1993 (HC)

Sandeep Gilhotra Vs. State of Punjab and Another

Court : Punjab and Haryana

Decided on : Feb-25-1993

Reported in : AIR1993P& H248; (1993)103PLR689

..... p. 3) and the amended notification enhancing the rates with effect from 15-2-1983 (annexure p. 4) being unconstitutional and contrary to the provisions of the punjab municipal act, 1911 (hereinafter referred to as the act) on the ground that these notifications do not provide as the person from whom the tax is to be charged as also the machinery for assessment of the ..... regarding the non observance of the procedure laid down in sections 61 and 62 of the act by the municipal committee before imposing the tax have also been denied.6. sections 61 and 62 of the act deal with the powers of the municipal committee in the state of punjab to levy tax and the procedure to be followed therewith. sections 61 and 62 of ..... the act are reproduced below:--61. taxes which may be imposed :-- subject to any general or special orders which the ..... which the state legislature has the power to impose in the state of punjab under the constitution. a reading of sub-clause (2) of section 61 of the act, makes it clear that before imposition of a tax, sanction of the state government is to be obtained by a municipal committee. it does not show that sanction of the state government is to .....

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Jan 14 1993 (HC)

Brij Lal Vs. Dev Raj

Court : Punjab and Haryana

Decided on : Jan-14-1993

Reported in : (1993)104PLR288

..... before us. under section 192 of the municipal act building schemes are contemplated and in case a building scheme is in force restriction on the nature of use is ..... bench decision of the punjab and haryana high court in had mittal's case (1986-1) 89 p. l. r. 1. we find that this decision has followed the two judge bench judgment of this court in kamal arora v. amar singh's case. the provisions of the punjab municipal act, 1911, were also placed ..... that no such scheme was in existence.6. in the present case also, in absence of any sanctioned scheme either under the municipal act or under the town improvement act, it cannot be hold that the user of the shop was restricted only for the purpose of residence. as i have already ..... learned counsel also admits that nothing has been brought on the record to show that there is a sanctioned scheme either under the municipal act or under the town improvement act. such like controversy came up before the supreme court in civil appeal no. 4216 of 1988, relevant portion whereof is reproduced as ..... be with reference to (sic) when the tenancy was created. this question arises for determination with reference to section 11 of the east punjab urban rent restriction act, 1949.we direct that the rent controller shall receive evidence for parties and collect such other evidence as he considers necessary to provide .....

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Jun 14 1993 (HC)

Janak Raj Manchanda Vs. Notified Area Committee and ors.

Court : Punjab and Haryana

Decided on : Jun-14-1993

Reported in : (1993)105PLR670

..... plot no. 2 forms part of natural water way/nala. the plaintiff contested this claim of the respondent served notice under section 49 of the punjab municipal act, 1911 but despite this he did not receive any communication from the committee. hence this suit. besides seeking declaration and injunction, the plaintiff claimed damages at ..... in its infancy.13. besides this, much emphasis has been laid by the courts with regard to the provisions contained in section 193 of the punjab municipal act which empowers a committee to sanction or refuse erection or re-erection of a building. there is no material on record by which it could ..... this to be wholly unwarranted. counsel for the defendants, however, on the other hand, relied upon section 32 of the punjab gram panchayat act, 1952, and section 56 of the punjab municipal act for the proposition that area purchased by the plaintiff forms part of the waterway and even if sold by gram panchayat, the ..... no. 1, it was stated that this plot did not come over the said water way/nala. receipt of notice under section 49 of the municipal act was admitted. other averments made in the plaint were denied.6. on the pleadings of the parties, following issues were framed :-(1) whether the ..... ' out of a local nala and thereafter drew a plan to sell the same in plots. necessary sanction was granted under rule 8 of the punjab village common lands (regulation) rules, 1964. one plot was sold to ram saran dass etc who got their plan sanctioned and have also raised .....

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Nov 09 1993 (HC)

The Municipal Committee Vs. the Presiding Officer, Labour Court and an ...

Court : Punjab and Haryana

Decided on : Nov-09-1993

Reported in : [1992(65)FLR916]; (1993)105PLR265

..... it has been further averred that the respondent was not employed by the committee in accordance with the provisions of sections 38 and 39 of the punjab municipal act, 1911 but only by the officer incharge of the work. there is no existing job against which the workman can be reinstated. it has been further ..... court have ordered the reinstatement of persons employed on work charged basis or daily wages in the circumstances of these cases ?2. the municipal committee, mandi gobindgarh, is the petitioner in 12 of these cases. in the remaining two cases viz. civil writ petitions nos. 14442 & 14459 of 1992 ..... court through the present writ petitions. 4. in the writ petition, it has been inter alia averred that the municipal works are executed in accordance with the provisions contained in chapter xii of the municipal account code, 1930. the work can be got done either through a contractor or through the department. in ..... , the municipal committee, rajpura is the petitioner. the petitioners are aggrieved by the awards given by the labour court by which it has been held that the ..... such contract being terminated under a stipulation- in that behalf contained therein' does not amount to retrenchment as contemplated under section 2(oo) of the act. if a person is engaged for a specific period, or for the execution of a specific work and a clear stipulation is made in the contract .....

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Dec 10 1993 (HC)

Municipal Committee Vs. Labour Court and anr.

Court : Punjab and Haryana

Decided on : Dec-10-1993

Reported in : [1992(65)FLR105]; (1995)ILLJ867P& H

..... respondent no. 2 was employed as peon with the petitioner- management under the terms and conditions laid down under the punjab municipal act, 1911. he filed an application under section 33c(2) of the in-dustrial disputes act (hereinafter to be referred as 'the act'), before the labour court, bhatinda, seeking special pay @ rs. 40 per month for doing some additional work and rs ..... which has been challenged in these petitions.4. admittedly, on october 20, 1976, the deputy director, local government, ferozepur, had ordered that additional allowance paid to the punjab municipal employees except revised grades given by the report of pay committee should be stopped immediately. it was observed in the aforesaid order that the payment of additional allowance was causing ..... heart-burning and had brought down efficiency. it caused division amongst the employees and the municipal committee was burdened with financial load. the respondent- workman as per orders aforesaid was not to be given additional allowance. it is in consequence of this order that ..... annexure-p-2, had necessarily to be gone into and the same could not be done in proceedings initiated by respondent-workman under section 33c(2) of the industrial disputes act. for his aforestated contention, the learned counsel relies upon the decision of the supreme court in central inland water transport corporation ltd. v. their workman 1974 (29) flr .....

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Mar 31 1993 (HC)

Gian Chand Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Mar-31-1993

Reported in : (1993)104PLR225

..... annual value of the building cannot, therefore, exceed the standard rent. the supreme court observed as under :--'according to the definition occurring in section 3 (1) (b) of the punjab municipal act (3 of 1911) annual value' of a building would be the gross annual rent at which the building may reasonably be expected to let from year to year. it is obvious from ..... that no additions and alterations were made to the property for the last several years.2. the petitioner, aggrieved against the order of the municipal committee, annexure p-1, filed an appeal under section 84 of |the punjab municipal act before the appellate authority contending therein that no additions, alterations and improvements in the property were made; that the property was governed by the ..... the annual letting value of the property is to be assessed according to section 3 (l)(b) of the punjab municipal act, which states that the annual rental value must be assessed reasonably, the criteria being the rent at which it may be rented out. the building admittedly is governed by rent ..... east punjab urban rent restriction act (hereinafter referred to as the rent act); and, the annual letting value could not be increased arbitrarily as had been done by .....

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Aug 20 1993 (HC)

Balwant Singh Vs. Gurdip Singh

Court : Punjab and Haryana

Decided on : Aug-20-1993

Reported in : (1993)104PLR718

..... and is surrounded by shops on both sides, and thus, is an independent unit of residential building respondent has not brought on record any sanctioned scheme under the punjab municipal law or punjab town improvement act in order to show that the building, of which shop in dispute forms part, cannot be used for any other purpose except residential on identical facts, i ..... appellate authority, no permission was sought from the rent controller for converting the room of residential building into non-residential one as provided by section 11 of the east punjab urban rent restriction act and, therefore, the landlord was entitled to get it vacated on the ground of personal necessity. consequently, an order of ejectment was passed against the tenant. tenant ..... buildings are 'residential'. referring to the definition of 'non-residential building' and 'residential building' as contained in clause (d) and clause (g) respectively of section 2 of the act, he contended that building, of ahich shop forms part, would remain residential building. reliance was also 'placed on a judgment of the supreme court in gulraj singh grewal v. dr ..... dispute is an independent unit and was let out for the purpose of running the business.3. faced with this situation, learned counsel for the respondent contended that under the act, the buildings are divided into two categories 'non-residential' and 'residential'. according to him, buildings used solely for the purpose of business or trade are 'non residendential and .....

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