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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: supreme court of india Year: 2013 Page 1 of about 83 results (0.130 seconds)

Sep 09 2013 (SC)

Maharashtra Ekta Hawkwers Union and anr. Vs. Municipal Corporation,gre ...

Court : Supreme Court of India

Decided on : Sep-09-2013

..... but most of them are squatters. there is practically no law regulating street trading in delhi/new delhi. the skeletal provisions in the delhi municipal corporation act, 1957 and the punjab municipal act, 1911 can hardly provide any regulatory measures to the enormous and complicated problem of street trading in these areas.35. street trading being a fundamental right has ..... rehabilitation of child vendors to prevent vending by children and seek their rehabilitation wherever such practice exists, in conformity with the child labour (prohibition & regulation) act,1986, the state government and municipal authorities should undertake measures such as sending the children to regular or bridge schools, imparting them skills training etc. 6.8 promoting vendors organisations to enable ..... locations should be conducted by competent professional institutions/agencies. this is to be sponsored by the concerned department of state government/urban development authority/local authority. b) municipal authorities should frame necessary rules for regulating entry of street vendors on a time sharing basis in designated vending zones keeping in view three broad categories - registered vendors ..... be permitted. even where cooked food or cut fruits or the like are sold, the food must not be adulterated or unhygienic. all municipal licensing regulations and the provisions of the prevention of food adulteration act must be complied with. (6) hawking must be only between 7.00 a.m. and 10.00 p.m. (7) hawking .....

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Aug 06 2013 (SC)

Sham Lal and ors. Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Aug-06-2013

..... , dated 8.9.1976.3. after considering all aspects of the case i, b.c. gupta, i.a.s. secretary to government of punjab, local government department exercising the powers under section 72-e of punjab town improvement act, annul partially the resolution no.8/2002, dated 1.1.2002 of improvement trust, bhatinda. dated:15. 1.2002 b.c. gupta, i ..... of the act and sanctioned the scheme not only for the construction of ring road but also for development of area for residential ..... .a.s. secretary, government of punjab local government department, punjab 9. thereafter, the state government issued notification dated 17.1.2002 under section 42(1) ..... the municipal corporation), bhatinda has provided civic amenities like electricity, water, sewerage, etc., in the localities where the appellants have constructed their houses.4. by resolution dated 12.12.2000, improvement trust, bhatinda (for short, the trust ) framed the scheme covering an area measuring 45.57 acres. thereafter, notice under section 36 of the punjab town improvement act, 1922 (for short, the act ) .....

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Jan 02 2013 (SC)

State of Gujarat And Anr. Vs. Hon'ble Mr. Justice R.A. Mehta (Retd) An ...

Court : Supreme Court of India

Decided on : Jan-02-2013

Reported in : 2013(1)SCALE7; 2013(1)SCJ1; 2013(1)KLT46(SN); AIR2013SCW671; AIR2013SC693

..... abstract, of the specific peculiarities of the particular case, which finally gives rise to the decision. (vide: smt. somavanti & ors. v. the state of punjab & ors., air 1963 sc 151; ballabhdas mathuradas lakhani & ors. v. municipal committee, malkapur, air 1970 sc 1002; ambika prasad mishra v. state of u.p. & ors., air 1980 sc 1762; and director of settlements, a ..... publishing a notification with respect to the same, in the official gazette.section 20 of the act, deals with the power to exclude complaints against certain classes of public functionaries. under this section, the state government, upon a recommendation made by the lokayukta, may exclude, ..... chief minister himself. clause 2 thereof provides that, the chief minister shall then place the said report, without any delay, before the council of ministers.section 19 of the act, empowers the governor to confer additional functions upon the lokayukta, after having consultation with the lokayukta, in relation to the eradication of corruption, which may be specified, by ..... a reference to a larger bench.8. before proceeding with the case, it is necessary to refer to certain relevant statutory provisions:it is evident from the preamble of the act, 1986 that the lokayukta has two duties, firstly, to protect honest public functionaries from false complaints and allegations, and secondly, to investigate charges of corruption filed against public .....

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Jan 02 2013 (SC)

State of Gujarat and anr. Vs. Hon’ble Mr. Justice R.A. Mehta (Retd) ...

Court : Supreme Court of India

Decided on : Jan-02-2013

..... abstract, of the specific peculiarities of the particular case, which finally gives rise to the decision. (vide: smt. somavanti & ors. v. the state of punjab & ors., air 1963 sc 151; ballabhdas mathuradas lakhani & ors. v. municipal committee, malkapur, air 1970 sc 1002; ambika prasad mishra v. state of u.p. & ors., air 1980 sc 1762; and director of settlements, a ..... publishing a notification with respect to the same, in the official gazette.section 20 of the act, deals with the power to exclude complaints against certain classes of public functionaries. under this section, the state government, upon a recommendation made by the lokayukta, may exclude, ..... chief minister himself. clause 2 thereof provides that, the chief minister shall then place the said report, without any delay, before the council of ministers.section 19 of the act, empowers the governor to confer additional functions upon the lokayukta, after having consultation with the lokayukta, in relation to the eradication of corruption, which may be specified, by ..... a reference to a larger bench.8. before proceeding with the case, it is necessary to refer to certain relevant statutory provisions:it is evident from the preamble of the act, 1986 that the lokayukta has two duties, firstly, to protect honest public functionaries from false complaints and allegations, and secondly, to investigate charges of corruption filed against public .....

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Jan 23 2013 (SC)

Dav Managing Committee and anr. Vs. Dabwali Fire Tragedy Victims Assn. ...

Court : Supreme Court of India

Decided on : Jan-23-2013

..... owners of the rajiv marriage palace, where the function was held and fire accident took place and the remaining percentage of liability of compensation was fastened 15% each upon the municipal committee, dabwali, the haryana state and the haryana state electricity board (not the name has changed to dakshin haryana bijli vitran nigam). having recorded such finding and apportioning the ..... and dispose of the appeal by passing the following judgment.3. this appeal is directed against the judgment and order dated 9th november, 2009 passed by the high court of punjab & haryana at chandigarh in civil writ petition no.13214 of 1996, urging various grounds and praying for setting aside the impugned judgment. according to the appellants the relevant necessary ..... thus:-- 3. is the apportionment of the responsibility and negligence for the fire tragedy in question and the liability flowing from the same fair and reasonable having regard to the acts of omission and commission and the role played by each one of those held responsible for the incident?. 8. the high court while examining the correctness and percentage of liability ..... the respondent s negligence for the tragedy in question and the liability for payment of compensation flowing from the same upon the parties to the writ proceedings have recorded the acts of omissions and commissions on the role played by each one of those held responsible for the accident. the high court has apportioned 55% liability of compensation between the .....

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Jan 23 2013 (SC)

Dav Managing Committee and anr. Vs. Dabwali Fire Tragedy Victims Assn. ...

Court : Supreme Court of India

Decided on : Jan-23-2013

..... owners of the rajiv marriage palace, where the function was held and fire accident took place and the remaining percentage of liability of compensation was fastened 15% each upon the municipal committee, dabwali, the haryana state and the haryana state electricity board (now the name has changed to dakshin haryana bijli vitran nigam). having recorded such finding and apportioning the ..... and dispose of the appeal by passing the following judgment.3. this appeal is directed against the judgment and order dated 9th november, 2009 passed by the high court of punjab & haryana at chandigarh in civil writ petition no.13214 of 1996, urging various grounds and praying for setting aside the impugned judgment. according to the appellants the relevant necessary ..... thus:--3) is the apportionment of the responsibility and negligence for the fire tragedy in question and the liability flowing from the same fair and reasonable having regard to the acts of omission and commission and the role played by each one of those held responsible for the incident?8. the high court while examining the correctness and percentage of liability ..... the respondents negligence for the tragedy in question and the liability for payment of compensation flowing from the same upon the parties to the writ proceedings have recorded the acts of omissions and commissions on the role played by each one of those held responsible for the accident. the high court has apportioned 55% liability of compensation between the .....

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Jan 31 2013 (SC)

Asst. Engineer, Rajasthan Dev. Corp. and anr. Vs. Gitam Singh.

Court : Supreme Court of India

Decided on : Jan-31-2013

Reported in : 2013(1)LLN318; 2013(1)KLT114(SN)

..... on its own facts and is not applicable to the facts of the present case at all.28. in devinder singh3 , the workman was engaged by municipal council, sanaur on 01.08.1994 for doing the work of clerical nature. he continued in service till 29.09.1996. his service was discontinued with ..... the industrial adjudicator cannot be held to be bound to grant some relief only because it will be lawful to do so.13. in nagar mahapalika (now municipal corpn.) v. state of u.p. and others(2006)5scc127, this court, while dealing with the non-compliance with the provisions of section 6-n ( ..... reinstatement passed by the labour court. however, on close scrutiny of facts it transpires that that was a case where a workman was initially employed by punjab state warehousing corporation as work-charge motor mate but after few months he was appointed as work munshi in the regular pay-scale for three months. ..... been found to be in breach of section 25-f of id act. he heavily relied upon three decisions of this court in l. robert dsouza v. executive engineer, southern railway and another, harjinder singh v. punjab state warehousing corporation and devinder singh v. municipal council, sanaur .3. on behalf of the appellant, ms. shobha ..... a matter of course. instead, this court modified the award of reinstatement with compensation of rs. 30,000/- per workman.14. in municipal council, sujanpur v. surinder kumar(2006)5scc173, this court after having accepted the finding that there was violation of section 25-f of the id .....

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Jan 31 2013 (SC)

Asst.Engineer,rajasthan Dev.Corp.and anr. Vs. Gitam Singh

Court : Supreme Court of India

Decided on : Jan-31-2013

..... its own facts and is not applicable to the facts of the present case at all.28. in devinder singh3 , the workman was engaged by municipal council, sanaur on 01.08.1994 for doing the work of clerical nature. he continued in service till 29.09.1996. his service was discontinued ..... industrial adjudicator cannot be held to be bound to grant some relief only because it will be lawful to do so. 13. in nagar mahapalika (not municipal corpn.) v. state of u.p. and others[15]., this court, while dealing with the non-compliance with the provisions of section 6-n (which ..... passed by the labour court. however, on close scrutiny of facts it transpires that that was a case where a workman was initially employed by punjab state warehousing corporation as work-charge motor mate but after few months he was appointed as work munshi in the regular pay-scale for three months ..... to be in breach of section 25-f of id act. he heavily relied upon three decisions of this court in l. robert d souza v. executive engineer, southern railway and another[1]., harjinder singh v. punjab state warehousing corporation[2]. and devinder singh v. municipal council, sanaur[3]. .3. on behalf of the ..... of the excepted categories, notwithstanding the fact that rule 2505 would be attracted, it would have to be read subject to the provisions of the act. accordingly the termination of service in this case would constitute retrenchment and for not complying with pre- conditions to valid retrenchment, the order of termination .....

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Dec 06 2013 (SC)

B.S.N.L. Vs. Telecom Regulatory Auth.of India and ors.

Court : Supreme Court of India

Decided on : Dec-06-2013

..... established a market for selling food-grains, vegetables, fruits, fish etc. the chairman of the municipal board issued a notice to the appellant requiring him to obtain ..... considered challenge to the validity of bye-law no.3 framed by municipal board, tanda. the appellant had questioned the bye-law on the ground that the same was ultra vires the provisions of section 241 of the united provinces municipalities act, 1916. the facts of that case were that the appellant had ..... there can be no doubt that the impugned bye-laws in regard to the markets framed by respondent 2 are for the furtherance of municipal administrate ion under the act, and so, would attract the provisions of section 298(1). therefore, we are satisfied that the high court was right in coming ..... of the privy council whether a bye-law by reason of its prohibiting internment altogether in a particular cemetery, was ultra vires because the municipal council had only power of regulating internments whereas the bye-law totally prohibited them in the cemetery in question, and it was said by lord ..... this background the demand for higher charges/tariff was held to be a part of a regulatory measure.32. in deepak theatre v. state of punjab 1992 supp (1) scc684 this court upheld classification of seats and fixation of rates of admission according to the paying capacity of a cinegoer by .....

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Aug 08 2013 (SC)

Commissioner of Income Tax and ors. Vs. Chhabil Dass Agarwal

Court : Supreme Court of India

Decided on : Aug-08-2013

..... and observed: 8. before we discuss the correctness of the impugned order, we intend to remind ourselves the observations made by this court in munshi ram v. municipal committee, chheharta, (1979) 3 scc 83.in the said decision, this court was pleased to observe that: (scc p. 88, para 23). 23. ..... 1.tin plate co. of india ltd. v. state of bihar, (1998) 8 scc 272.sheela devi v. jaspal singh, (1999) 1 scc 20.and punjab national bank v. o.c. krishnan, (2001) 6 scc 569.18. in union of india vs. guwahati carbon ltd., (2012) 11 scc 651.this court has ..... a mirage and an exercise in futility. in the instant case, neither has the assessee-writ petitioner described the available alternate remedy under the act as ineffectual and non-efficacious while invoking the writ jurisdiction of the high court not has the high court ascribed cogent and satisfactory reasons to ..... is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation.20. in the instant case, the act provides complete machinery for the assessment/re-assessment of tax, imposition of penalty and for obtaining relief in respect of any improper orders passed by the ..... tax as demanded by demand notice dated 11.12.2009.8. aggrieved by the aforesaid, the assessee instead of exhausting the statutory remedy available under the act, i.e., statutory appeal before the statutory appellate authority (commissioner of income tax (appeals)) has approached the high court under article 226 of the .....

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