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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: supreme court of india Year: 1993 Page 1 of about 33 results (0.112 seconds)

Oct 14 1993 (SC)

Municipal Committee, Abohar Vs. Kanshi Ram and ors.

Court : Supreme Court of India

Decided on : Oct-14-1993

Reported in : 1994Supp(2)SCC547

..... kuldip singh and; s.p. bharucha, jj.1. the question for determination before the high court was whether municipal committee, abohar, had the jurisdiction to impose water tax, in the municipal area, under section 61 of the punjab municipal act, 1911 (the act). following its earlier judgment in khalsa shoe co. v. municipal committee, ambala city1, the high court answered the question in the negative and against the appellant ..... statute it is permissible to a court to take into consideration the history of the legislation. section 61 of the punjab municipal act, 1911, noticed above clearly shows that the legislature had made an express provision for the imposition of water tax. when the act was amended in the year 1923, the legislature expressly repealed this provision. in this situation, it cannot be said that ..... municipal committee, abohar.2. the municipal committee can impose various taxes enumerated under section 61 of the act. water tax has not been included .....

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Jul 14 1993 (SC)

M/S. Gobind Pershad Jagdish Pershad Vs. New Delhi Municipal Committee

Court : Supreme Court of India

Decided on : Jul-14-1993

Reported in : AIR1993SC2313; JT1993(4)SC233; (1994)106PLR76; 1993(3)SCALE208; (1993)4SCC69; [1993]Supp1SCR237

..... in front of the shop, owned by the appellant, in the connaught circus, new delhi, as 'public street' under section 171(4) of the punjab municipal act, 1911 (the act). the trial court answered the question in the affirmative and dismissed the suit filed by the appellant-plaintiff. the appeal against the said order was dismissed by ..... has been so put up, the owner or any one of several owners of such street or part of a street lodge objection thereto at the municipal office, the municipal committee may, by notice in writing, put up in such street, or such part, declare the same to be public street vested in the committee ..... for the public. in a situation like this it is necessary for the committee to step in and exercise its powers under section 171(4) of the act. the committee exercises regulatory control and is responsible for the repair and upkeep of the 'public streets'. the verandah in dispute is a 'street'. it has ..... a 'street', then he has no right to claim any compensation when the same property is made a 'public street' under section 171(4) of the act. the 'streets' are meant for public use. it is necessary that the 'streets' which are being used by the public are frequently repaired and are also ..... .9. we agree with the learned counsel for the appellant that before a space can be held to be a 'street' under the act, there must be .....

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Apr 15 1993 (SC)

Municipal Committee, Bhatinda Vs. Land Acquisition Collector and ors.

Court : Supreme Court of India

Decided on : Apr-15-1993

Reported in : 1993(2)SCALE561; (1993)3SCC24

..... locus standi of the appellant to file the writ petition, it may be stated that in the notification issued under section 4 of the act, it is specifically mentioned that the land is required for the purposes of punjab municipal act, 1911, namely, for the construction of public park etc. in the said notification, it is further stated.and whereas in pursuance of the provisions ..... satisfied that the land described in the specifications below is needed for a public purpose for providing public park etc. at the expense of the municipal committee, bhatinda under section 55 of the punjab municipal act, 1911 read with section 50 of the land acquisition act, 1894.7. from the aforesaid recitals in the notification under section 4 and the declaration under section 6 of the ..... of section 88 of the said act, the municipal committee, bhatinda has requested the government of punjab, to acquire the said land under the provisions of land acquisition .....

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Aug 12 1993 (SC)

Gauri Shankar Gaur and Others, Etc. Vs. State of U.P. and Others

Court : Supreme Court of India

Decided on : Aug-12-1993

Reported in : AIR1994SC169; 1993(3)SCALE371; (1994)1SCC92; [1993]Supp1SCR667

..... made. section 16 thereof conferred power on the development authorities to levy properly tax. subsequently, it was amended in 1976 by act 6 of 1976. section 69(d) incorporated the provisions of municipalities act and municipal corporation act in the 1973 act to regulate the procedure to levy property tax. it was contended that the subsequent amendment of 1976 was not applicable. in that behalf relying ..... actually written with pen, in it, and, the moment you have those clauses in the later act, you have no occasion to refer to the former act at all15. in secretary of state v. hindustan co-op. insurance society ltd. , the judicial committee was to consider whether calcutta improvement trust act, 1911 which in express terms modified partly the body of the l.a ..... was held that it is only by reference. in bhatinda improvement trust's case section 59(b) of the punjab town improvement act, 1992 provided that the land acquisition act may be subject to further modification us indicated in the schedule to the said act. schedule ii (clause 1) provided the procedure for publication of the notification under section 36 as provided under sub ..... . act or partly in the schedule attached to it. therein, section 26(2) of the act empowered to constitute a 'tribunal' in the place of the 'court' under the l.a .....

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May 04 1993 (SC)

Shiv Kumar Chadha and ors. Vs. Municipal Corporation of Delhi and ors.

Court : Supreme Court of India

Decided on : May-04-1993

Reported in : JT1993(3)SC238; 1996(6)KarLJ107; 1993(2)SCALE772; (1993)3SCC161; [1993]3SCR522

..... its determination; such an obligation is not covered by subs. (2) of section 32. 17. in connection with the imposition of terminal tax on salt under the punjab municipal act, in firm seth radha kishan v. administrator, municipal committee, ludhiana : [1964]2scr273 , it was said that where a statute created a liability and provided a remedy, party aggrieved should pursue the remedy provided under ..... . municipal committee, chheharta : [1979]118itr488(sc) , and it was held:-where a revenue statute provides for a person aggrieved by an assessment thereunder, a particular ..... the levy of octroi duty under the c.p. and barar municipalities act, 1922 was examined by this court in bata shoe co. ltd. v. jabalpur corporation : [1977]3scr182 , and held it was barred.20. whether the court can hear and determine suits relating to levy of professional tax under the punjab municipal act, 1971 was examined in the case of munshi ram v ..... thereof. any person aggrieved by an order of sealing or demolition which is passed shall, however, have the right of filing an appeal to the appellate tribunal under the municipal act. the appellate tribunal is the only forum which has the jurisdiction to grant interim relief.' the other part of the order in respect of which objection has been taken is .....

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Jan 28 1993 (SC)

Union of India (Uoi) Vs. Sher Singh and ors.

Court : Supreme Court of India

Decided on : Jan-28-1993

Reported in : JT1993(3)SC693; (1994)106PLR216; 1993(1)SCALE209; (1993)1SCC608; [1993]1SCR326

..... grant of special leave, we would refer to the cases decided by this court and the full bench decisions of the punjab & haryana high court relied in the impugned order. in the municipal corporation of the city of ahmedabad v. chandula shamaldas patel and ors. 1970 1 scwr 183 decided on 8.1 ..... marbles's ease (supra). in this case the high court of karnataka in a writ petition filed by hubli dharwar municipal corporation, set aside an award made under the land acquisition act, 1894 in respect of the compensation payable to the appellants t. ramakrishniah and directed to reopen the proceedings before the ..... as desired by the union of india. the land owners including the respondents of the present case filed reference petitions under section 18 of the act. during the pendency of the reference application before the additional district judge, gurgaon, an application was moved by the union of india through deputy ..... upaj mandi samiti which as a statutory body was a distinct entity. the land acquisition officer under his award made under section 11 of the act determined the market value of the acquired lands at rs. 500 per bigha and awarded compensation accordingly. on a reference sought by the respondent ..... & marbles being a private company for which the land was acquired was undoubtedly ' a person interested' as contemplated by section 18(1) of the act: it was held that the definition of' a person interested' given in section 18 is an inclusive definition and must be liberally construed so as .....

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Aug 17 1993 (SC)

His Highness Maharaja Pratap Singh Vs. Her Highness Maharani Sarojini ...

Court : Supreme Court of India

Decided on : Aug-17-1993

Reported in : 1994(1)BLJR48; 1993(3)SCALE394; 1994Supp(1)SCC734; [1993]Supp1SCR607

..... respect of his inventory of private properties. that included sterling castle an( 34, alipur road, delhi amongst other private properties. 28.merely because the municipal committee, simla did not bring or, record the names of the beneficiaries under the deed of relinquishment by dr tehl singh, effect of mutation accordingly ..... list of nabha state properties, price paid and details of title deeds etc. sterling castle is included. 15-05-1924- state engineer, nabha writes to municipal board, simla for reassessment of taxes of sterling castle, which is described as nabha state property, ex. d-4. 27-08-1924- british prepare ..... by sovereign or feudatory princes, of any lands in british territory, however and from whomever acquired. this policy was communicated to all native states in punjab including the state of nabha. 5.maharaja ripudaman singh was the ruling chief of nabha state in the early twenties of this century. his ruling ..... august, 1948 execute on behalf of the union an instrument of accession in accordance with the provisions of section 6 of the government of india act, 1935, and in place of the instruments of accession of the several covenanting states; and he shall by such instrument accept as matters ..... as the ruler. he wielded sovereign powers over this territory. on his death in 1911 his son ripudaman singh came to power. the admitted facts are: 45.maharaja ripudaman singh ascended the gaddi of nabha in 1911 and came to rule the state. he was an absolute monarch enjoying the same .....

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May 05 1993 (SC)

Ajay Agarwal Vs. Union of India and Others

Court : Supreme Court of India

Decided on : May-05-1993

Reported in : AIR1992SC1637; 1993(2)ALT(Cri)396; [1994]79CompCas1(SC); 1993CriLJ2516; 1993(2)Crimes342(SC); JT1993(3)SC203; 1993(2)SCALE757; (1993)3SCC609; [1993]3SCR543

..... sharma, bansi lal and ranjit kumar marwah are accused in the said case. it is the prosecution case that the accused hatched a conspiracy at chandigarh to cheat punjab national bank for short 'pnb'. .in furtherance thereof v.p. anand floated three new link enterprises and m/ s. moonlight industries in the name of ..... country have a clear right, if not a duty, to prosecute in accordance with our municipal law. the position as it is under the international law it not, however, determinative of the question whether, under our municipal law, the acts committed amount to a crime. that has to be decided on different principles. if conspiracy to ..... air 1935 mad. 326, in re m.l verghese air 1947 mad. 352, kailash sharma v. state and k. satwant singh v. state of punjab : [1960]2scr89 . sri goswami, the learned senior counsel for the respondents contended that the conspiracy to cheat pnb was hatched at chandigarh. all the accused committed overt ..... the agreement are agreed to be finalised or done, attempted or even frustrated and vice versa.25. in k. satwant singh v. the state of punjab : [1960]2scr89 , a constitution bench of this court was to consider as to when section 188 of the code would be applicable to a ..... for short the 'code' is mandatory. since no such sanction was produced the prosecution is not maintainable. on revision, the high court of punjab and haryana in criminal revision no. 443 of 1990 by order dated june 3, 1992 held, that the conspiracy had taken place at chandigarh. the overt .....

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Jul 29 1993 (SC)

Kishan Lal Lakhmi Chand and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Decided on : Jul-29-1993

Reported in : JT1993(4)SC426; 1993(3)SCALE296; 1993Supp(4)SCC461; [1993]Supp1SCR433

..... . the fund may also be utilised by the board to meet the cost of administering it.' rural area was defined to mean area other than the area of municipality administered under the haryana municipal act, 1973. it would thus be clear that the levy of the fee and collection under section 5 would go into the fund administered by the board which would ..... produce bought or sold or brought for processing in the notified market area.5. the market area was defined to mean any area defined under section 6 of the punjab agricultural produce markets act, 1961. the principal market yard and sub market yard were also demarcated in section 7 thereof. the market also was similarly defined to mean market established and regulated ..... usual vehemence contended that the agriculture produce is a declared goods under article 286(2) of the constitution. this court declared in kewal krishan puri and anr. v. state of punjab and ors. : [1979]3scr1217 that constitutionally it is impermissible to levy market fee in excess of 2 per cent. the state legislature is incompetent to levy sales tax in excess ..... k. ramaswamy, j.1. special leave granted.2. the ultra vires of the haryana rural development act 6 of 1986 for short 'the act' was assailed but repelled by the full bench of the punjab and haryana high court reported in subhash chander kamlesh and ors. v. state of punjab and ors. against which these appeals were laid by leave. initially the haryana rural development .....

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Feb 04 1993 (SC)

Commissioner of Wealth Tax Vs. Dr Karan Singh and ors.

Court : Supreme Court of India

Decided on : Feb-04-1993

Reported in : (1993)110CTR(SC)221; [1993]200ITR614(SC); JT1993(2)SC321; (1993)2MLJ57(SC); 1993(1)SCALE270; 1993Supp(4)SCC500

..... lands and buildings but not on machinery installed on land or in the building, it was held that to rule 7(2) of the rules framed under bombay provincial municipal corporation act, 1949 which provided that all plant and machinery contained or situated in any building or land shall be deemed to form part of such building or land was held to ..... act is covered by entry 86 dr. gauri shanker took us through the background in which the wealth tax ..... the decisions of the bombay high court in sir byramjee jeejeebhoy vs province of bombay and ors.: 1940 bombay 65, and municipal corporation, ahmedabad v. gordhandas: 1954 bombay 188. in the first case, the question was whether the bombay finance act., 1932 which levied tax upon urban immovable property was outside the competence of the bombay legislature on the ground that the ..... entry was entry 55 in list i of the government of india act, 1935, similar to the present entry 86. the learned counsel pointed out that bombay decision was approved by the federal court in ralla ram v. province of east punjab: . reference was also made to the judgment in municipal corporation v. gordhandas: : air1954bom188 . in support of his stand that wealth tax .....

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