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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: supreme court of india Year: 2002 Page 1 of about 37 results (0.094 seconds)

Feb 14 2002 (SC)

Baldev Singh Gandhi Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Feb-14-2002

Reported in : AIR2002SC1124; JT2002(Suppl1)SC602; (2002)2PLR240; 2002(2)SCALE169; (2002)3SCC667; [2002]1SCR1021

..... and as a result of which financial loss has been caused to the nagar council. therefore you have violated punjab municipal act, 1911. therefore, there is a proposal to remove you from the membership of nagar council, jandiala guru under section 16(1)(e) of the punjab municipal act, 1911.' 3. on receipt of the said show cause notice, the appellant furnished an explanation. in the said explanation ..... and irresponsibly..... the actions of shri baldev singh gandhi were clearly aimed at injuring the financial interest of the municipality. he thus renders himself actionable under section 16(1)(e) of the punjab municipal act, 1911. accordingly, he is hereby removed from the membership of the council.'18. the charge leveled against appellant was that because of his criticism of the house tax assessment list ..... referred to as 'the council') is established and constituted under the provisions of the punjab municipal act, 1911 (hereinafter referred to as 'the act'). in the last election for constituting the council, the appellant herein was elected as a municipal councilor (in short as 'councilor') from ward no. 3 of the council. in the year 1998, the council prepared and finalised the house tax assessment list .....

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Jan 07 2002 (SC)

State of Punjab Vs. Tehal Singh and ors.

Court : Supreme Court of India

Decided on : Jan-07-2002

Reported in : AIR2002SC533; JT2002(5)SC40; 2002(1)SCALE18; (2002)2SCC7; [2002]1SCR27

..... that neither the whole nor any part of-(a) a notified area under section 241 of the punjab municipal act, 1911, or any other act for the time being in force; or (b) a cantonment; or (c) a municipality of any class; or (d) a municipal corporation;shall be included in a gram sabha area unless the majority of voters in any notified area ..... ix of the constitution. after the act came into force, it appears that the residents of village khanpur represented to the ..... colony. after 73rd constitutional amendment act, 1992 came into force punjab legislature enacted the punjab panchayati raj act, 1994 (hereinafter referred to as the act) in conformity with the provisions of part ..... is a village called wazirpur in block ghal khurd in the district of firozepur, punjab. for the said village and certain other adjoining areas, gram sabha, wazirpur was constituted and established under section 4 of the punjab gram panchayat act, 1952 (hereinafter referred to as the '1952 act'). the areas included in the said gram sabha were villages khanpur and harijan .....

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May 10 2002 (SC)

Joginder Pal Vs. Naval Kishore Behal

Court : Supreme Court of India

Decided on : May-10-2002

Reported in : AIR2002SC2256; 2002(4)ALD24(SC); JT2002(Suppl1)SC219; (2002)2PLR625; 2002(4)SCALE560; (2002)5SCC397; [2002]3SCR1078

..... , j.1. leave granted.2 .an eviction petition filed by the landlord-respondent urging the ground for eviction under section 13(3)(a)(ii) of the east punjab urban rent restriction act, 1949 (hereinafter the act, for short), was dismissed by the rent controller but allowed by the appellate authority. the decree has been maintained in civil revision preferred by the tenant in ..... the case of a non-residential building or rented land, if-(a) he requires it for his own use;4. incidentally, it may be mentioned that the east punjab urban rent restriction (amendment) act, 1956, by section 2 thereof deleted the words 'a non-residential building or' from the abovesaid provision. however, this amendment was held ultra vires the constitution in harbilas ..... . our conclusions are crystallised as under:(i) the words 'for his own use' as occurring in section 13(3)(a)(ii) of the east punjab urban rent restriction act, 1949 must receive a wide, liberal and useful meaning rather than a strict or narrow construction.(ii) the expression -- landlord requires for 'him own use', is not confined in its ..... rai bansal v. state of punjab and anr. - : air1996sc857 , and this court directed that as a consequence of the amendment having been declared constitutionally invalid the original provision of the act as was operating before the amendments stands restored and a landlord - under the act - can seek eviction of a tenant from a non-residential building .....

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Mar 21 2002 (SC)

Subhash Chander and anr. Vs. State Transport Appellate Tribunal and or ...

Court : Supreme Court of India

Decided on : Mar-21-2002

Reported in : AIR2002SC1562; [2002(2)JCR173(SC)]; JT2002(3)SC239; (2002)2PLR202; 2002(3)SCALE79; (2002)4SCC168; [2002]2SCR685

..... passenger road transport needs as so assessed by the state transport commissioner, punjab from time to time.7-a. while granting permits for operations on routes, linking one village with another village without any city or a town or municipality, in between the aforesaid two villages, or a route linking a ..... cannot be vague reserving some routes on the assumption that in future state transport undertaking would operate upon such routes. on the contrary, under the act, the state government is required to formulate a proposal regarding the scheme giving particulars of(a) nature of services proposed to be rendered; and ( ..... regional transport authority or other prescribed authority cannot ordinarily refuse to grant an application for permit of any kind made at any time under the act.'9. further, it was made clear in the aforesaid case that before framing of the scheme under section 99, the state government has ..... - mini-bus permit holders submitted that in the matters decided by this court, clause 7 of scheme framed under section 99 of motor vehicles act was considered and that clause 7-a is required to be read along with clause 7 of the scheme framed by the state government under ..... persons who got benefit of permit raj are trying to avoid competition despite the liberalised policy introduced by the parliament under section 80 of the motor vehicles act, 1988. in our view, the question involved is concluded by the decision rendered by this court in jagdip singh etc. vs . jagir chand and anr .....

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Dec 19 2002 (SC)

Sunil Kumar Rana Vs. State of Haryana and ors.

Court : Supreme Court of India

Decided on : Dec-19-2002

Reported in : (2003)2SCC628; [2002]SUPP5SCR568; 2003(1)LC354(SC)

..... a proper appreciation of the respective contentions of the parties on either side, it becomes necessary to refer to the relevant provisions of the act. the haryana municipal act, 1973 (haryana act 24 of 1973) as it originally stood prior to the amendment in question did not provide for any such disqualification. it is only ..... of section 13a was amended, as mentioned below:'2. amendment of section 13a of haryana act 24 of 1973-in the proviso to clause (c) of sub-section (1) of section 13a of the haryana municipal act, 1973, (hereinafter called the principal act), for the word 'after', the word 'upto' shall be substituted.'6. it ..... rovision is directed, a purposive construction is a must and the only inevitable solution. the right to contest to an office of member of a municipal body is the creature of statute and not a constitutional or fundamental right. viewed, thus also, we are convinced that the interpretation placed by the ..... (c) of sub-section (1) of section 13a in unmistakable terms introduced a disqualification for being chosen as and for being a member of the municipality of a person who has more than two living children. the mandate of the legislature is clear and specific and purports to be in public interest. ..... nomination paper of the appellant was ordered to be rejected. the appellant filed c.w.p. no. 3141 of 2000 before the high court of punjab and haryana on 14.3.2000. while the said writ petition was pending, the elections were held on 2.4.2000 and the 5threspondent was .....

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Aug 29 2002 (SC)

Delhi Administration (Now N.C.T. of Delhi) Vs. Manohar Lal

Court : Supreme Court of India

Decided on : Aug-29-2002

Reported in : AIR2002SC3088; 2002(2)ALD(Cri)560; 2002CriLJ4295; 2002(4)Crimes122(SC); 99(2002)DLT480(SC); 2002(65)DRJ158; JT2002(6)SC325; 2003(1)KLT653(SC); 2002(6)SCALE147; (2002)7SCC22

..... high court, and following the earlier decisions of this court reported in n. sukumaran nair v. food inspector, mavelikara : 1995crilj3651 and santosh kumar v. municipal corporation and anr. : 2000crilj2777 , more so when the counsel appearing for the state in the high court conceded to the fact that the case on hand ..... may, without the consent of the person sentenced, commute, among other things enumerated therein, a sentence of simple imprisonment for fine. this court in state of punjab v. kesar singh (supra), though while considering clause (b) of the very provision has observed as follows : 'the mandate of section 433. cr.p. ..... jurisdictional or other error of any kind was also found in the sentence imposed. placing reliance upon a decision of this court reported in state of punjab v. kesar singh : 1996crilj3586 , it has been urged that the power under section 433 cr.p.c. has to be exercised by the state ..... new delhi and all over other places in the country are said to be causing severe impediment in the effective enforcement of the provisions of the act to curb the social evil, having further wide ramifications on the society. shri ranjit kumar, learned senior counsel, appearing for the respondent with equal ..... offence under section 16 read with section 7 for the violation of section 2(ia)(a), (j) of the prevention of good adulteration act, 1954 (hereinafter referred to as 'the act') by the metropolitan magistrate, new delhi, on 9.5.2000 in case no. 42 of 1994. thereupon, on 12.5.2000 .....

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Apr 29 2002 (SC)

T.N. Godavarman Thirumalpad Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-29-2002

Reported in : 2001(1)SCALE422; (2002)9SCC502

..... officer, u.p., lucknow, who in paragraph 4 of the affidavit states that three sawmills, namely, m/s punjab sawmill, m/s rana sawmill and m/s nur handicraft having sawmills of 15 hp, 19 hp and 8 hp respectively within the municipal limits of saharanpur were sealed pursuant to the orders of this court dated 4-3-1997. this affidavit further ..... grant of licence not being dealt with contained in the sawmills rules, being rule 7, is also held to be contrary to the letter and spirit of the indian forest act and the orders of this court and is, accordingly, set aside.23. as far as the applicants are concerned, we see no reason to issue any directions to the respondents ..... the earlier orders with regard to the establishment of the environment protection authorities. in the affidavit, it is stated that no authorities under section 3(3) of the environment protection act for the states other than arunachal pradesh have been constituted because the states may not like the establishment of such authorities. in the order dated 4-3-1998, the additional .....

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Mar 22 2002 (SC)

Commissioner of Sales Tax Vs. Sai Publication Fund

Court : Supreme Court of India

Decided on : Mar-22-2002

Reported in : AIR2002SC1582; (2002)177CTR(SC)1; [2002]258ITR70(SC); JT2002(3)SC295; 2002(3)SCALE100; (2002)4SCC57; [2002]2SCR743; [2002]126STC288(SC); [2002]122TAXMAN437(SC); 2002(1)LC60

..... ansari & ors. : [1976]3scr661 : [1976]3scr661 he submitted that all ingredients of 'business' are satisfied in the present case. he submitted that new delhi municipal council vs. state of punjab & ors. : air1997sc2847 : air1997sc2847 and state of t.n. & anr. v. board of trustees of the port of madras : [1999]2scr195 : [1999] ..... an agriculturist did not necessarily fall within the definition of a 'dealer' under section 2(c) of the c.p. & berar sales tax act (act 21 of 1967), merely because he sold or supplied commodities. it must be shown that he was carrying on a business. it was held that ..... the arguments of shri vellapally, made submissions supporting the impugned judgment.9. at the outset, it is useful to notice few provisions of the act to the extent they are relevant in order to appreciate the respective contentions relating to the controversy that has arisen.'section.2(5a)- 'business' ..... brings some publications and sells the same when profit motive is immaterial having regard to the amended definition of section 2(5a) of the act. the learned senior counsel emphasized that the activity of the trust in bringing out publications and selling them is regular, frequent, of sizeable ..... and sale of books, booklets and allied publications including photos and stickers?'6. the high court on consideration of the relevant provisions of the act, facts of the case and keeping in view the decisions cited, answered the aforementioned question referred by the tribunal in the affirmative and in .....

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May 03 2002 (SC)

The Corporation of Calicut Vs. K. Sreenivasan

Court : Supreme Court of India

Decided on : May-03-2002

Reported in : AIR2002SC2051; 2002(4)ALD70(SC); JT2002(4)SC589; 2002(2)KLT291(SC); 2002(4)SCALE377; (2002)5SCC361; [2002]3SCR783

..... or license to the servant to occupy the premises for the greater convenience of his work.'[emphasis added]11. in the case of qudrat ullah v. municipal board, bareilly. : [1974]2scr530 , it was observed at page 398 thus:-'...if an interest in immovable property, entitling the transferee to enjoyment is ..... were found to be in unauthorized occupation of a public premises and expression 'unauthorized occupation' has been defined under section 2(g) of the central act as under:-'section 2(g).- 'unauthorized occupation' in relation to any public premises, means the occupation by any person of the public premises without ..... expired or has been determined for any reason whatsoever.'[emphasis added]the definition of expression 'unauthorized occupation' contained in section 2(f) of the act is in two parts. in the first part the said expression has been defined to mean the occupation by any person of the public ..... of a suit challenging the order of eviction passed by the estate officer as well as that passed in appeal. section 2(f) of the act which defines the expression 'unauthorized occupation' may be usefully quoted hereinbelow:-'section 2(f).- 'unauthorized occupation', in relation to any public building, means ..... case of ashoka marketing ltd., and anr. v. punjab national bank and ors. : [1990]3scr649 , which was case of a lessee, was considering the matter under the central act and in relation to the provisions of section 2(g) of the act observed at page 870 thus:-'it implies occupation by a .....

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May 08 2002 (SC)

Ravindra Shantram Sawant Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : May-08-2002

Reported in : AIR2002SC2461; 2002(2)ALD(Cri)70; 2002(2)ALT(Cri)102; 2002CriLJ3239; 2002(2)Crimes442(SC); JT2002(Suppl1)SC190; 2002(4)SCALE501; (2002)5SCC604; [2002]3SCR881; 2002(2)LC1056

..... gang and two policemen on duty. considering the facts of that case, this court observed:-'as confessed by a-2 suryarao, president of bhiwandi municipal corporation, he sought assistance from a-7 and others and thereafter it is his say that he was required to comply with the illegal demand ..... of the authorities on the subject, this court observed:-'in our view, it is not possible to define 'terrorism' by precise words. whether the act was committed with intent to strike terror in the people or a section of the people would depend upon facts of each case. further, for finding ..... inadequate or not sufficiently effective for tackling the menace of terrorism and disruptive activities that resort should be had to the drastic provisions of the act. some difficulties, however, arise when the intended activity of the offender results in striking terror or creating fear and panic amongst the people in ..... satisfied that the evidence of the police witnesses, who are also the eye witnesses, some of them injured, is worthy of credence and can be acted upon. the failure to examine independent witnesses in the facts and circumstances of this case would not reflect on the veracity of the prosecution witnesses. ..... payment of fine, to undergo rigorous imprisonment for one month. similarly, he has been found guilty of the offence under section 27 of the arms act and sentenced to suffer rigorous imprisonment for seven years and a fine of rs. 500/-, in default to undergo one month's rigorous imprisonment. .....

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