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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: supreme court of india Year: 1977 Page 1 of about 21 results (0.110 seconds)

Aug 09 1977 (SC)

New Delhi Municipal Committee Vs. the Life Insurance Corporation of In ...

Court : Supreme Court of India

Decided on : Aug-09-1977

Reported in : AIR1977SC2134; 1994(4)SCALE390; (1977)4SCC84; [1978]1SCR279

..... in regard to the amendment made in the list of 1967-68. the other writ petition too was allowed except for the year 1966-67.5. chapter v of the punjab municipal act, 1911 deals with 'taxation'. section 61(1)(a) thereof authorises imposition of a tax payable by the owners on buildings and lands. section 62 provides that the ..... . the l.i.c. paid the tax as assessed for these years but in february 1968 it received five notices from the municipal committee stating, that in exercise of the powers conferred by section 67 of the punjab municipal act, 3 of 1911, it had decided by a resolution dated january 27, 1968 to amend the lists of assessment for the aforesaid five years by ..... earliest day of the official year current when the amendment is made. we do not think that there is any parallel between section 82(3) of the bombay act and section 87 of the punjab municipal act.21. for these reasons we allow these appeals and set aside the judgment of the high court. the writ petitions filed by the respondents will, as a ..... a particular provision of a statute the court must consider other parts of that statute and read the statute as a whole. we have discussed the entire scheme of the punjab municipal act and have pointed out how on a consideration of its various provisions it is not possible to sustain the view taken by the high court.19. in .....

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Mar 11 1977 (SC)

Bata Shoe Co. Ltd. Vs. City of Jabalpur Corporation

Court : Supreme Court of India

Decided on : Mar-11-1977

Reported in : AIR1977SC955; (1977)2SCC472; [1977]3SCR182

..... and higher rate in respect of salt of other kinds, imposed tax at the higher rate on 'sambhar salt' which was a variety of common salt. section 86 of the punjab municipal act, 1911, provided that the liability of any person to be taxed cannot be questioned in any manner or by any authority other than that provided in the ..... act. that provision is identical with section 84(3) of the c.p. municipalities act, 1922, with which we are concerned in the instant case. section 86(2) of the punjab act provided that no refund of any tax shall be claimed by any person otherwise than in ..... in the civil court. on the question of limitation the high court held that applying the special period of limitation provided in section 48 of the central provinces and berar municipalities act, 1922 the suit was within limitation as regards the payment made by the plaintiffs on september 22, 1948 but that it was barred by limitation as regards the payment made ..... accordance with the provisions of the act and the rules thereunder. it was held by this court that the .....

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Apr 14 1977 (SC)

Velji Lakhamsi and Co. and ors. Vs. Benett Coleman and Co. and ors.

Court : Supreme Court of India

Decided on : Apr-14-1977

Reported in : AIR1977SC1884; (1977)3SCC160; [1977]3SCR603; 1977(9)LC461(SC)

..... scheme had been sanctioned, the commissioner who gave the notice (exh. 'b') should be deemed, to have given it as a competent authority under the municipal act. 10. aggrieved by this decision, the appellants preferred separate appeals to the appellate bench of the court of small causes at bombay which were allowed by a ..... therefore, no doubt in our mind that the notice was issued under the special regulation no. 36 the fact that reference to section 480 of the municipal act, 1888 was erroneously or incorrectly made in the notice is immaterial as it is well settled that if the exercise of a power can be traced ..... directions is not complied with by the owner, the same may be enforced or carried out in the manner provided by section 489 (i) (of the municipal act). (c) no compensation whatsoever, whether for damages loss or injury, shall be claimable by or payable to the owner or any other person in respect of ..... no. 37 at g. s. no. 130, masjid siding road, bombay subject inter alia to the following express conditions: (a) the provisions of the municipal act and bye-laws made thereunder in force from time to time shall be complied with; (b) the commissioner may at any time direct the owner of the ..... adopted for trial of the appellant according to section 36 (1) of the east punjab public safety act, 1949 could not be continued after the expiry of the act in the absence of a saving clause similar to section 6 of the general clauses act. 23. s. krishnan and ors. v. the state of madras (supra) ( .....

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Jul 27 1977 (SC)

Miran Devi Vs. Birbal Dass

Court : Supreme Court of India

Decided on : Jul-27-1977

Reported in : AIR1977SC2191; (1977)3SCC496; [1978]1SCR188; 1977(9)LC487(SC)

..... months prior to the 1st january, 1939; and(b) the rental value of such building or rented land if entered in property tax assessment register of the municipal, town or notified area committee, cantonment board, as the case may be, relating to the period mentioned in clause (a).clause (b) admittedly was ..... 24, 1967, he filed an application under section 4 of the east punjab urban rent restriction act, 1949-hereinafter called the act, for fixation of the fair rent of the building. the senior sub-judge, hissar acting as the rent controller under the act, found the evidence adduced by the respondent insufficient to enable him to fix ..... year 1938. over the said prevailing rate, he has allowed the increase of 50% in accordance with sub-section (5) of section 4 of the act. the high court in revision has affirmed the decision of the district judge on the question of fixation of basic rent. we do not find any ..... would justify this court's arriving at a different conclusion.3. we shall read the relevant portion of sub-section (2) of section 4 of the act. it says:in determining the fair rent under this section, the controller shall first fix a basic rent taking into consideration-(a) the prevailing rates ..... circumstances was rs. 3/- per month as erroneously held by the district judge under clause (a) of sub-section (2) of section 4 of the act. mr. b.d. sharma, learned counsel for the respondent, however, submitted that the rent had been fixed taking into account the prevailing rate for the same .....

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Aug 08 1977 (SC)

Padam Nabh Singh and ors. Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Aug-08-1977

Reported in : AIR1977SC2001; (1977)79PLR715; (1977)4SCC1; 1977(9)LC483(SC)

..... 2. a notification was issued by the state government on november 24, 1972, under section 14 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, hereinafter referred to as the act, declaring its intention for the preparation of a scheme of consolidation of holdings for the better cultivation of village tripari. ..... will connect tripari with three other villages and the tehsil town of kharar. the order therefore falls with the purview of section 18(c) of the act which provides for the reservation of land for a 'common purpose', and the view taken by the high court does not call for interference. 4 ..... argument in this court. the high court has noticed the definition of 'common purpose' in the act, which includes any purpose in relation to any common need, convenience or benefit of the village in respect of 'village roads'. it has held that ..... another road for the same purpose could not be said to be a 'common purpose' within the meaning of section 2(bb)(iii) of the act. learned counsel could not however refer to any such plea in the writ petition, so that there is no real basis for raising the new ..... .1. the appellants who claim to be 'right-holders' of village tripari, tehsil kharar, in ropar district of punjab, have filed this appeal, by special leave, against the appellate judgment of the punjab and haryana high court dated november 27, 1975, upholding the dismissal of their writ petition. the fact leading upto .....

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Feb 09 1977 (SC)

Krishan Murari Lal Sehgal Vs. State of Punjab

Court : Supreme Court of India

Decided on : Feb-09-1977

Reported in : AIR1977SC1233; 1977LabIC554; (1977)ILLJ442SC; (1977)2SCC587; [1977]2SCR956

..... are, however, unable to see how this memorandum of may 11, 1957, can be called in aid as 'previous approval' under section 115 (7) of the act when the punjab financial commissioner's office (state service class iii) rules, 1957 were already promulgated on february 28, 1957. approval under section 115 (7) is previous approval and not subsequent ratification. the ..... his highness the rajpramukh, which is the previous day of the 'appointed day' under the states reorganisation act, 1956. thus he was integrated in the new state of punjab as a confirmed assistant. before his integration in punjab he was governed by the patiala and east punjab states union civil services (punishment and appeal) rules, 1953 (briefly the pepsu rules) which were made in ..... appointing, authority of the appellant before his integration into the state of punjab does not come into the picture. he adds that this (submission of his is in consonance with the provisions of section 116 of the states reorganisation act, 1956 (briefly the act). we may, therefore, read section 116 of the act:116 (1) every person who immediately before the appointed day is ..... argument that in the new state of punjab the financial commissioner (revenue) is the appropriate authority for appointing assistants is absolutely irrelevant in the context of section 116 (1) which enables the status quo ante to continue except where the post ceases to exist under the provisions of the act. it is also important to bear in mind the provisions of .....

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May 06 1977 (SC)

The Trustees for the Improvement of Calcutta Vs. Chandra Sekhar Mallic ...

Court : Supreme Court of India

Decided on : May-06-1977

Reported in : AIR1977SC2034; (1977)3SCC448; [1978]1SCR136; 1977(9)LC394(SC)

..... published under the authority of the state government which states that 'the rules were framed by the government under section 137 of the calcutta improvement act, 1911 regarding the nominations of arbitrators for settlement of betterment fee in the local self government department notification-dated 5th may, 1934. that indicates that ..... a judgment of a division bench of the calcutta high court striking down section 78-b to section 78-g of the calcutta improvement act, 1911 as invalid on the ground of excessive delegation of legislative power as also contravention of article 14 of the constitution and declaring rules 11 ..... . the board is also required by section 45, sub-section (1) to serve a notice on every person whose name appears in the municipal assessment book as being primarily liable to the owner's owner's share of the consolidated rate or the rate on the annual value of holdings ..... impact on the highest court and the long-term cause of justice, flowing from the numerical rigidity newly inserted by the forty second constitution amendment act. we hope and trust that this matter will receive urgent attention of parliament9. we accordingly allow the appeals and dismiss the writ petitions of ..... any land in the area comprised in the scheme which is not required for the execution thereof, is increased in value. chapter iii of the act deals with improvement schemes and section 35-d provides that an improvement scheme may be of one of four types, namely, a general improvement scheme, .....

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Sep 19 1977 (SC)

Union of India (Uoi) Vs. Sankalchand Himatlal Sheth and anr.

Court : Supreme Court of India

Decided on : Sep-19-1977

Reported in : AIR1977SC2328; (1977)GLR919; (1977)0GLR90; 1977LabIC1857; (1977)4SCC193; [1978]1SCR423

..... pushpam and anr. v. state of madras : air1953mad392 furnishes a good parallel. section 43(b), madras district municipalities act, 1920, provided that for the purpose of election of councillors to a municipal council, the local government 'after consulting the municipal council' may determine the wards in which reserved seats shall be set apart. while setting aside the reservation made ..... states would become the largest single litigants before the supreme court and the high courts. justice, as pointed out by this court in shamsher singh v. state of punjab : (1974)iillj465sc can become 'fearless and free only if institutional immunity and autonomy are guaranteed'. the constitution makers, therefore, enacted several provisions designed to secure the ..... cases in this line is the recent judgment of this court in shamusher singh v. stale of punjab : (1974)iillj465sc in which the learned chief justice, delivering the leading judgment, observed: 'the mroman letter listembers of the subordinate judiciary are not only under the control of ..... in service and recommending their discharge from service (ram gopal v. state of madhya pradesh : (1970)illj367sc exercise of complete disciplinary jurisdiction over them including initiation of disciplinary inquiries (punjab and haryana high court v. state of haryana) : [1975]3scr365 ; and their premature retirement (state of haryana v. inder prakash) : air1976sc1841 . the last of the .....

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Jan 18 1977 (SC)

Prithvi Raj Taneja (Dead) by Lrs. Vs. the State of Madhya Pradesh and ...

Court : Supreme Court of India

Decided on : Jan-18-1977

Reported in : AIR1977SC1560; (1977)79PLR478; (1977)1SCC684; [1977]2SCR633

..... in appeal before us, mr. andley on behalf of the appellant has argued that more than half of the land in dispute is within the municipal limits of ashok nagar municipality, while the remaning land was also likely to be included within those limits short ly. it is further stated that the land in question abuts ..... amount of compensation for a vast area of land. we may in this context refer to a recent judgment in the case of smt padma uppal v. state of punjab c a nos. 2339 land 2403 of 1972, d/ 23-8-1970 : reported in : [1977]1scr329 wherein this court observed that it. is well settled ..... acquired land. but this in the very nature of things cannot be helped. the essential thing is to keep in view the relevant factors prescribed by the act. if the judgment of the high court reveals that it has taken into consideration the relevant factors, the assessment of the market value of the acquired land ..... stated, is equivalent to 2.500 square yards. the land sought to be acquired measured 68,658 square yards. notification under section 4 of the land acquisition act for the acquisition of the land was issued on april 7, 1951. the land acquisition officer as per award dated june 13, 1961 awarded compensation for the ..... take into ac-count inter alia the market value of the land at the date of the publication of the notification under section 4 of the act. the market value means price that a willing purchaser would pay to a willing seller for the property, having due regard to its existing condition .....

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Jan 25 1977 (SC)

Union of India (U0i) and ors. Vs. Bhanudas Krishna Gawde and ors.

Court : Supreme Court of India

Decided on : Jan-25-1977

Reported in : AIR1977SC1027; (1977)1SCC834; [1977]2SCR719

..... cations nos. singh detaining authority to have 201/1976 833-839/ gokaldas the detenus taken under cu- 1976 rajda & stody to the site of the others meeting of the bombay municipal corporation and enable them to exercise their votes at the mayoral election, if and when it takes place. 2. crl. as 3-3-1976 crl. appli- bombay smt. while ..... as pointed out by this court in state of maharashtra v. prabhakar pandurang sanzgiri : 1966crilj311 , dr, ram manohar lohia v. state of bihar : 1966crilj608 , makhan singh v. state of punjab : 1964crilj217 (supra) and by the majority in a.d. m. jabalpur v. shivkant shukla : 1976crilj945 (supra), hedged by a condition inasmuch as it declared that 'the right of any person ..... in hue and quality. the procedures applicable in cases of the two types are certainly radically different. the authorities entrusted with the power of ordering punitive and, preventive detentions also act on very different principles and for very different reasons. the constitutional justification for preventive detention was considered by this court at some length in shekel's case : 1976crilj945 (supra ..... or of any such aggression or disturbance if the president is satisfied that there is .imminent danger thereof. inserted retrospectively by section 5 of the constitution (thirty-eighth amendment) act, 1975. (4) the power conferred on the president by this article shall include the power to issue different proclamations on different grounds, being war or external aggression or internal .....

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