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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: punjab and haryana Year: 2004 Page 1 of about 85 results (0.085 seconds)

Oct 06 2004 (HC)

Vinod Paper Mills Limited Vs. the Municipal Committee and ors.

Court : Punjab and Haryana

Decided on : Oct-06-2004

Reported in : (2005)139PLR575

..... of rs. 27,000/- per annum was levied as house tax. the committee issued a notice (annexure p1) under section 67 of the punjab municipal act, 1911 (for short 'the 1911 act') whereby assessment of the annual value of the petitioner's premises was proposed to be increased to rs. 3.96 lacs for the year 1982 ..... 1976, which are in pari materia with sections 31(1)(b) and 3(1)(c) of the 1911 act, in paras 21 and 27, it was laid down as under:-para 21:- 'before leaving this aspect ..... .r. (f.b.) page 1 wherein, while interpreting the provisions of sections 93(b) and 93(c) of the punjab municipal corporation act, ..... been under valued.6. i have heard learned counsel for the parties and have perused the records as well as the relevant provisions of the 1911 act.7. the municipal committee has sought to enhance the assessment for the year 1982-83 on the ground that the annual value was under valued as under section ..... be rs. 2.52 lacs. the municipal committee has done this without first following procedure under section 3(1)(b) of the 1911 act. the action of the respondents is contrary to the full bench decision of this court, reported in banarsi dass mahajan v. the state of punjab and anr., (1990-1)97 p.l .....

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Dec 07 2004 (HC)

Tara Chand Vs. Municipality and anr.

Court : Punjab and Haryana

Decided on : Dec-07-2004

Reported in : AIR2005P& H128; (2005)140PLR301

..... be advantageous to juxtapose and notice the definition of annual value under section 3(1) of the punjab municipal act, 1911 (for short, 'the 1911 act') and under section 2(1) of the municipal act.punjab municipal actharyana municipal act'3. in this act, unlessthere is something repugnant in the subject or context.--'2. in this act, unlessthere is anything repugnant in the subject or context. --(1) 'annual value'means--(1) 'annual ..... to add that it is not necessary to probe further into the correctness of this decision because there is no nonobstante clause in section 3(1) of the punjab municipal act or in delhi municipal corporation act. consequently, the decision in the case of ratnaprabha (supra) would hold good and valid with the result that the very basis of the plea of the ..... and observed as under :'on the strength of this definition our attention was drawn by the learned counsel for the respondents to the non obstante clause occurring in the haryana municipal act, 1973. the language of the provisions are by and large by consonance with the decision of the supreme court in the case of ratnaprabha (air 1977 sc 308) (supra ..... state of punjab, 1990 (1) pun lr 1.4. shri c. b. goel, learned counsel for the municipal committee and shri jaswant singh, learned senior deputy advocate general supported the order of the learned single judge and argued that the annual value of the appellant's property was rightly determined keeping in view section 2(1)(a) of the municipal act. shri goel .....

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Dec 17 2004 (HC)

Budh Ram Vs. Municipal Committee and anr.

Court : Punjab and Haryana

Decided on : Dec-17-2004

Reported in : (2005)140PLR63

..... p-l in that behalf was accordingly issued to the petitioner. the action for re-assessment of the petitioner's property was done under section 67(1) of the punjab municipal act, 1911 (for short 'the 1911 act'). the petitioner submitted reply to the notice annexure p-l, but his property was reassessed and the assessment for the purpose of house tax was made at rs ..... support of the same in person or by authorised agent, as he may think fit.(3) notwithstanding anything contained in this act, the committee may with a view to give effect to the annual value as modified by the punjab municipal (amendment) act 11, 1994, amend the assessment list of the year commencing on the first day of april of the relevant year for ..... the assessment does not arise.6. learned counsel further submitted that a perusal of annexure p-l shows that municipal committee, mansa has sought to take action under section 67(1) of the 1911 act. according to the learned counsel, under section 67 of the 1911 act, a change in the assessment list can be made only if the property was earlier erroneously valued or ..... power bad in law. the learned counsel then submitted that as per the facts of the present case, the municipal committee has failed to discharge its burden which was cast upon it before exercising the power vested in it under the 1911 act for the assessment of rental value of the property in question for the purposes of the house-tax.7. according .....

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Apr 28 2004 (HC)

Raghbir Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Apr-28-2004

Reported in : (2004)137PLR495

..... nature of mandamus commanding respondent nos. 1 to 3 to initiate proceedings under sections 16, 172, 172-a, 189 and 195 of the punjab municipal act, 1911 (hereinafter referred to as 'the act'), against respondent no. 4 a former president of municipal committee, sunam, for having made alleged encroachment upon the government land and for constructing his house in violation of the site plan, got sanctioned ..... requisite compensation and may be regularised the same provided that such regularisation does not contravene the proposed building scheme, if any, drawn up under section 192 of the act;iv) if the municipality is of the view that the construction raised by respondent no. 4 cannot be regularised and the same is required to be demolished or altered wholly or partly, ..... bearding house as government school has been opened in the rural area; the aforementioned property was in possession of the pwd government of punjab and is still shown as a government property at serial no. 367 in the municipal records for the year 1986-87; that the building of the boarding house was in a dilapidated condition and its debris was removed ..... dared not take any action. the facts speak for themselves. the manner in which the complaint under sections 172, 195 and 221 of the act, was filed against respondent no. 4 through the building clerk of the municipality instead of executing officer himself and was subsequently withdrawn vide order dated april 22, 1998 (annexure p9) is a clear indication of the .....

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May 07 2004 (HC)

Suresh Kumar Bhaiya Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : May-07-2004

Reported in : (2004)138PLR44

..... the order dated 15.4.2004, annexure p9 to the writ petition, being in complete contradiction of the prescribed procedure and section 22 of the punjab municipal act, 1911.2. the principal grievance of the petitioner is that resolution of no confidence motion passed against the petitioner dated 31.3.2004 was under duress ..... deputy commissioner will not only proceed in accordance with law but also requires higher authority to issue circular to all the municipal councils in the state of punjab providing guide-lines and awareness in relation to the conduct of the democratic system at the gross root level.writ petition stands ..... of action proposed to be adopted on the next date of hearing.counsel for the caveator submits that reply is adopted on behalf of 12 municipal councillors, whose power of attorneys he has filed in court today.adjourned to 6.5.2004.'as for as the question of validity of ..... , coercive and result of undue influence exercised by private respondent-parmod kumar-caveator. the petitioner was supported by the affidavits of the four municipal councillors, namely, dharampal, swaran singh, hardip kaur and gurdev kaur, besides by the affidavit of the petitioner himself. according to them, they had ..... two-other deponents, namely smt. gurdev kaur and smt. kardeep kaur are not present in court. let the executive officer of the municipal council, rampura phool inform these deponents to be present in court and submit their reply to the show cause notice.we may notice that 14 .....

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Jul 15 2004 (HC)

Sarwan Masih Alias Samma, President Nagar Panchayat Vs. the State of P ...

Court : Punjab and Haryana

Decided on : Jul-15-2004

Reported in : (2005)140PLR258

..... seven members and the other by ten members. the first notice contained a request for calling an urgent meeting under section 25 of the punjab municipal act, 1911 (hereinafter referred to as 'the act') as the signatories had 'no confidence in the working of the president mr. sarwan masih, nagar panchayat, makhu'. the second notice ..... no. 7 were not co-operating and that is the reason why the agenda of the meeting was sent by the petitioner himself to all the municipal counselors. on 13.2.2003, the petitioner claims that he had addressed another, letter to the executive officer, nagar panchayat and the deputy director ..... the no confidence motion and during this period of show cause notice annexure p-12 was issued to him by the secretary to government of punjab, local government department to show cause as to why the petitioner should not be removed from the presidentship of the nagar panchayat, makhu on ..... the same through under postal certificate on 3.2.2003. an advance copy of the notice was also forwarded to the deputy director, local government, punjab, ferozepur, region ferozepur-respondent no. 3. on 6.2.2003, the petitioner wrote another letter to respondent no. 3 again informing him that pursuant ..... the bye-laws of the committee within a period of thirty days of the making of such requisition and notwithstanding anything contained in this act such meeting shall be deemed to be a validly conveyed meeting: provided that no business other than that specified in the requisition shall be .....

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Jan 28 2004 (HC)

Mohan Singh Vs. the Municipal Committee and anr.

Court : Punjab and Haryana

Decided on : Jan-28-2004

Reported in : (2004)137PLR587

..... (civil) sangrur, exercising the powers of the appellate authority under section 84 of the punjab municipal act, 1911 (for short, the act).2. the petitioner owns shop measuring 20 square yards and property bearing no. b-1/164 situated within the municipal limits of sangrur. according to him, the annual rental value of the property was ..... month from the date of service at which the amendment is to be made.'7. a reading of the provision reproduced above shows that the municipality can, amend the amendment list at any time by inserting the name of any person whose name had been omitted earlier or by inserting any ..... or the assessee or there is a change in the tenancy. to put it differently, the municipality can revise the assessment list in either of the contingencies specified, in section 67(1) of the act and not otherwise.8. a perusal of the impugned orders shows that neither the house tax sub ..... committee nor the appellate authority directed its attention to the requirement of section 67(1) of the act. the house tax sub committee did not even advert to the objections raised by the petitioner to the proposed revision of assessment. the appellate authority ..... the objections contained in annexure p2 and the appellate authority ignored the plea taken by him that the provision of section 67(1) of the act was not applicable to his case.4. the respondents have not filed written statement to controvert the averments contained in the writ petition.5. i .....

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Aug 27 2004 (HC)

The New Picture Company Pvt. Ltd. and ors. Vs. the State of Haryana an ...

Court : Punjab and Haryana

Decided on : Aug-27-2004

Reported in : (2005)139PLR12

..... has been disclosed above, it is crystal clear that in the first instance the show tax was imposed under a perfect and valid notification (annexure p 1), issued under the punjab municipal act, 1911, which was applicable in the state of haryana also at the relevant time, about which there is no challenge on behalf of the petitioners but thereafter, the rates of show ..... of this authoritative pronouncement, the contention cannot be accepted.24. undisputedly, the provisions of sections 62 and 62-a of the punjab municipal act, 1911 (for short 'the 1911 act') are in pari materia with the provisions of sections 74 and 75 of the haryana municipal act, 1973 and it is for this reason that a comparative table highlighting the provisions of the above sections of the two ..... at the very outset that undisputedly, the khushwant cinema hose, radika cinema house and raj picture palace fall within the municipal limits of rewari. the municipal committee, rewari in exercise of its powers under sub-section (2) of section 61 of the punjab municipal act, 1911, as applicable to the state of haryana at that time, proposed to levy a tax on cinema shows etc. at ..... the petitioners has merit. undisputedly, for the first time the show tax was imposed on the petitioners at the rate of rs. 2/- per show under section 61(2) of punjab municipal act, 1911 as applicable to them at the relevant time which is equivalent to section 70(1 )(v) of 1973 .....

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Oct 06 2004 (HC)

Partap Steel Rolling Mills (1935) Limited Vs. Municipal Corporation of ...

Court : Punjab and Haryana

Decided on : Oct-06-2004

Reported in : AIR2005P& H164; (2005)139PLR578

..... letting value basis. the municipal committee, chheharata assessed its value at rs. 75,600/- on the above basis, for the year 1976-77 after ..... (for short '1911 act'). the assessment of house-tax was made by the said committee on reasonable expected ..... municipal corporation, amritsar is a corporate body constituted under the punjab municipal corporation act, 1976 (for short 'the 1976 act'). the petitioner-company which till 12.4.1978 was situ- ated within the territorial jurisdiction of municipal committee, chheharta was being assessed on the annual value of the property upto the year 1975-76 by the said committee, under section 3(1)(b) of the punjab municipal act, 1911 ..... to rs. 84,000/- for the year 1976-77 vide order dated 25.3.1977.3. aggrieved against the order dated 25.3.1977, passed by the municipal committee, the petitioner filed appeal under section 84 of the 1911 act before the deputy commissioner, amritsar. the appeal was accepted by order dated 27.7.1978 and the case was remanded to the .....

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Oct 06 2004 (HC)

Shri Gurparshad Khanna Vs. the Municipal Corporation Through Its Commi ...

Court : Punjab and Haryana

Decided on : Oct-06-2004

Reported in : (2005)139PLR300

..... .3.1977 whereby fundamental changes in the matter of assessment of different properties had been brought about as compared to the provisions of the punjab municipal act, 1911 whereunder originally, the annual rental value of the property had been assessed at rs. 4400/- on 10.2.1977. it is also stated ..... respondent corporation. thereafter, the petitioner was served with a notice dated 8.2.1984 (annexure p1) under section 103 of the punjab municipal corporation act, 1976 (for short 'the 1976 act') by the respondent whereby assessment of the annual letting value of the property, which was previously being assessed at the annual letting ..... and 26.12.1984. the objections filed by the petitioner were rejected and the respondent by order annexure p-3 passed by the assistant commissioner, municipal corporation, amritsar on 21.2.1985 assessed the property of the petitioner at the annual letting value of rs. 21,642/-, which according to ..... 226 and 227 of the constitution of india is to the order annexurc p-3 passed on 21.12.1985 by the assistant commissioner, municipal corporation, amritsar whereby the assessment of the property of the petitioner was fixed and the order annexure p-4 dated 25.2.1986 passed ..... that the provisions of the east punjab urban rent restriction act, 1949 have no applicability to the property in question as the annual rental value of the property has to be fixed in terms of 'the 1976 act'. it was further stated that assessment of the annual rental .....

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