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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: punjab and haryana Year: 2002 Page 1 of about 51 results (0.046 seconds)

Jan 22 2002 (HC)

Vijay Mahajan, President Nagar Council, Dina Nagar Vs. State of Punjab ...

Court : Punjab and Haryana

Decided on : Jan-22-2002

Reported in : AIR2002P& H190

..... the council. the order now impugned has been passed in exercise of the powers under sections 16(1)(e), 16(2) and 22 of the punjab municipal act, 1911 (as amended up to date and hereinafter called the act). the previous order dated 14.12.1999 had been successfully challenged by the petitioner in cwp no. 17960 of 1999 which was allowed on 23.5 ..... of the president to verify the nature of the land that was being allotted and that duty was cast on the executive officer who alone under the punjab municipal (executive officer) act, 1931 (for short 1931 act) had the power to execute the contracts on behalf of the council and execute sale deeds after verifying the facts in each case. learned counsel on behalf ..... act complained of was not a continuing wrong and did not amount to abuse of powers within the meaning ..... covered by the provisions of section 22 of the act whereunder a single or causal aberration is not enough. this provision came up for interpretation before the apex court in tarlochan dev sharma v state of punjab, 2001(6) scc 260 wherein their lordship set aside the order of removal of the president of the municipality of rajpura on the ground that the .....

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Apr 29 2002 (HC)

Mathura Dass and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Apr-29-2002

Reported in : AIR2003P& H59

..... , the interim stay order was vacated. 11. on 1st december, 2001, the state promulgated ordinance nos.9 and 10 of 2001 so as to amend the provisions of the punjab municipal act, 1911 and the punjab municipal corporation act, 1976. in a nutshell, it was provided that 'with effect from the commencement of this ordinance, no octroi shall be leviable except on electricity.' 12. the writ petitions ..... the power to grant exemption. similarly, the punjab municipal corporation act, 1976 was enacted to 'provide better administration, better amenities and better planning for future ..... examined in this background. 31. the panchayats and municipal committees have been in existence in this country since the day of british. these were visualised as instruments of local government for the rural and urban areas respectively. the punjab municipal act, 1911 was enacted to 'make better provision for the administration of municipalities in punjab.' section 61 empowers the municipal committees to levy taxes. section 70 provides for .....

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Mar 07 2002 (HC)

Bal Mukand Aggarwal, President, Municipal Council, Mandi Gobindgarh, D ...

Court : Punjab and Haryana

Decided on : Mar-07-2002

Reported in : AIR2002P& H297

..... . 1. is the notification dated september 20, 2000 by which the petitioner was ordered to be removed from the office of president of the municipal council, mandi gobindgarh violative of the provisions of section 22 of the punjab municipal act. 1911? this is the short question that arises for consideration in this case. the petitioner prays that this notification is quashed.2. learned counsel of ..... the parties have been quashed.3. mr. s.p. jain, learned counsel for the petitioner contends that the municipal councillors had never made any request to the state ..... ;-'on the basis or above discussion, we hold that the motion of no confidence was validly passed by the requisite number of the municipal councillors and, therefore, by virtue of deeming clause contained in section 22 of the act, respondent no.3 will have to be treated as suspended. the official respondents are directed to take appropriate steps in this direction. ..... as to why an order of his removal as envisaged under section 22 of the act be not passed. it appears that the district attorney had given an opinion that the show cause notice may be withdrawn. feeling that the state government may retrace its steps, 14 municipal councillors had approached this court through civil writ petition no.6039 of 1999. it .....

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Oct 09 2002 (HC)

Lal Singh Vs. Municipality Adampur

Court : Punjab and Haryana

Decided on : Oct-09-2002

Reported in : (2003)134PLR192

..... . the notice was replied by him, but the defendant-committee served another notice dated 3.2.1973 under sections 172 and 220 of the punjab municipal act. (hereinafter referred to as the act) directing the plaintiff-appellant to remove the alleged encroachment. the said notice is alleged to be illegal, arbitrary and without jurisdiction on the ground that the plaintiff-appellant had ..... its land by raising fresh construction. it was alleged that notices were issued to the plaintiff-appellant under sections 172 and 220 of the act because he had made encroachment of 660 square feet of the municipal land. the said encroachment was made by him by constructing boundary wall in the year 1972 after the matter was compounded. therefore, it ..... raising construction in violation of the sanctioned building plans. illegal encroachment made by a person can not be compounded under the act. the plea of the plaintiff-appellant regarding adverse possession also cannot be accepted as an encroacher of the municipal land cannot claim adverse possession. moreover, the judgment of the learned first appellant court is based on pure findings of ..... made no encroachment on the municipal land by raising construction in the year 1969 as the illegality committed by him was later on compounded by the .....

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Dec 10 2002 (HC)

Shiv Pal Sagar Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Dec-10-2002

Reported in : AIR2003P& H206; (2003)134PLR259

..... some additions/alterations in the existing unit in the year 1993-94 the corporation issued to the owners a notice under section 103 of the punjab municipal corporation act, 1976 (hereinafter called the act) proposing to enhance the annual rental value of the property from rs. 16,980/- per annum to rs. 2,98,800/- per ..... stood violated. we are not impressed with this argument. as already noticed above, the provisions of sub-section (3) of section 101 of the act are very clear and in cases where the land or building is for the first time assessed or the rateable value thereof is increased, the commissioner ..... four storeyed hotel having 29 rooms besides 13 shops in the ground floor and, therefore, the corporation served another notice under section 103 of the act on 28.12.1994 proposing the annual rental value of the property as rs. 45,80,400/. this notice was served by affixation as personal ..... found that the owners had made alterations/additions in the existing unit in the year 1993-94 and accordingly a notice under section 103 of the act proposing to enhance the annual rental value of the property was issued to them. they again did not appear and the assessment was finalised. subsequently, ..... were issued notice at the time of assessment. the answer to this question depends upon the interpretation of section s 97, 101 and 103 of the act the relevant parts of which are reproduced hereunder for facility of reference;-'97. incidence of taxes on lands and buildings,- (1) the taxes on .....

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Aug 23 2002 (HC)

Umed Singh Vs. Arya Smaj Sewa Sadan

Court : Punjab and Haryana

Decided on : Aug-23-2002

Reported in : AIR2003P& H87

..... singh 's case (supra) reqires us to read the provisions collectively since the interpretation given by this court in re: municipal committee (abohar) v. daulal ram, i.l.r. (1959) punjab 1131 having been overruled by the hon'ble supreme court, the building cannot be used for any other purpose. it has ..... scope of the expression 'business' is not controlled or coloured by the word 'trade' and occurring along side it in section 2(f) of the punjab act. thus, the word 'business' has wider import than 'trade' and is not restricted to something which must necessarily yield profit. business is the genesis of ..... has been argued that the full bench has interpreted the word 'business' as used in section 2(f) of the punjab act in conjunction with section 13(3)(a)(ii) of the punjab act and has held that the said word i.e. 'business' need not necessarily be commercial business carried on with a ..... but at the same time, the premises continued to be residential as the definition of the non-residential building, as given in the east punjab urban rent restriction act, 1949, is 'a building being used solely for the purpose of business or trade', whereas the definition of the 'residential building' is ..... per the discretion of the landlord, the meaning has been restricted by virtue of the restraints provided in section 13(3)(a)(ii) of the punjab act. the apex court has categorically observed that the sub provisions in the aforesaid section cannot be read independently but a cumulative reading has to be .....

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Apr 10 2002 (HC)

Khurania Agro India Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Apr-10-2002

Reported in : [2006]146STC438(P& H)

..... villages (and area comprises of agricultural land outside in case of villages) and area outside municipal limit in case of town under the punjab scheduled roads and controlled areas act, 1963, change of land use is required for setting up a unit in all types ..... scheduled roads and controlled areas act, 1963. in the present case the unit is situated outside original municipal limits and within controlled area. the nature of land, therefore, is agricultural ..... of eligibility certificate. the petitioner has not controverted the fact that it has set up the industry in 1996 and the municipal limits were extended in notification dated december 31, 1997. therefore, the petitioner cannot avoid its responsibility to produce clu ..... municipal committee. it has already been decided above by the committee that as per revenue laws land is classified into two categories, i.e., abadi deh within the lal dora and land outside abadi deh which is classified as agricultural land. when an area is notified as controlled area under the punjab scheduled roads and controlled areas act ..... of zones be it agricultural, residential or industrial. here it is relevant to clarify that agricultural zone and agricultural land are not synonymous and a land falling in industrial zone would continue to be agricultural land and clu would still be required under the punjab .....

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Oct 29 2002 (HC)

Convertaid Engineers Pvt. Ltd. and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Oct-29-2002

Reported in : (2003)133PLR634

..... see whether the enactment provides for the consequences flowing from non-compliance with the requirement prescribed. the hon'ble supreme court was dealing with section 44-a of the punjab town improvement act, 1922 as applicable to haryana wherein time limit is prescribed for execution of a scheme. the hon'ble supreme court held as under: 'one of the well-accepted tests ..... court for him to question the legallity of the notification under section 4(1), declaration under section 6 and the award of the collector under section 11.9. subsequently, in municipal council, ahmednagar and anr. v. shah hyder beig others, (2000)2 supreme court cases 48, the hon'ble supreme court again refused to quash the acquisition proceeding relating to maharashtra ..... free from all encumbrances after the announcement of the award and possession is taken. however, it will be beneficial to reproduce the finding of the hon'ble supreme court in municipal corporation of greater bombay v. industrial development investment co. pvt. ltd. and ors., (1996)11 supreme court cases 501 where the hon'ble supreme court while examining the provisions of ..... announcement of the award and on possession of the land having been taken. therefore, non-deposit of the amount will not vitiate the acquisition proceedings.14. in administrator, municipal committee, charkhi dadri and anr. v. ramji lal bagla and ors., 1993(5) supreme court cases 272 the hon'ble supreme court has held that one of the well accepted .....

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May 31 2002 (HC)

Daljit Singh Ahluwalia Vs. Union of India and anr.

Court : Punjab and Haryana

Decided on : May-31-2002

Reported in : (2002)175CTR(P& H)229

..... of the chandigarh administration directly before the due date, i.e., 12-9-2001. on the date of agreement, the special leave petition of the municipal corporation against the judgment of this court, dated 2-2-2001, was pending before the supreme court. the petitioner, therefore, also agreed to meet ..... by 12-9-2001.during the pendency of the writ petition, the municipal corporation had passed the order of resumption against which shri nirankar singh had filed an appeal. however, consequent upon the order of the high court ..... the necessary amenities were provided by the chandigarh administration by 13-6-2001 and intimation to this effect was sent to the allottees by the municipal corporation vide memorandum of the same date. as a result, the entire outstanding payment against the said property became payable by shri nirankar singh ..... shri nirankar singh. he also deposited an amount of rs. 1,34,25,000 with the municipal corporation, chandigarh, by demand draft, dated 10-9-2001.4. chapter xx-c of the act provides that sale of immovable property cannot be effect except by first making an application before the appropriate ..... chandigarh, with one shri nirankar singh, son of shri karam singh, resident of house no. 632, phase vi, s.a.s. nagar (mohali), punjab. a copy of the agreement is attached as annexure p-1 with the writ petition.shri nirankar singh had purchased this property in an open auction held .....

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Nov 20 2002 (HC)

Guranditta Mal and ors. Vs. Gian Mittar

Court : Punjab and Haryana

Decided on : Nov-20-2002

Reported in : (2003)133PLR508

..... tiled by the landlord has been dismissed. admittedly, no alteration has been made in the shop and that a cabin had been constructed upon the land belonging to the municipal committee, which has been demolished in pursuant to the notice issued to the petitioner.6. revision petition is allowed and the order dated 7.1.1985 passed by the ..... by the rent controller that in respect of the construction of the kacha cabin in front of the shop, a notice had been received by him from the municipal committee, copy of which has been exhibited as ex.a-6 and that in pursuant thereto, the said cabin has been demolished by the ..... has argued that in fact no alteration has been made m the shop as is evident from the fact that a notice had been issued by the municipal committee for removing the cabin which was constructed in front of the demised premises and that the said cabin was demolished by the ..... municipal committee during the pendency of the application before the rent controller. this fact has been noticed by the rent controller and the rent controller dismissed the application accordingly. ..... j.s. narang, j. 1. the landlord filed a petition under section 13 of the east punjab urban rent restriction act, 1949 for seeking ejectment of the respondent-petitioner from the shop defined as demised premises in the application filed before the rent controller. the ejectment has been sought .....

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