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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Page 2 of about 36,397 results (0.146 seconds)

Feb 07 1992 (HC)

Mrs. Bimla Arora Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : AIR1993P& H11

..... bye-law, regulation, form made, issued, imposed or granted under the punjab municipal act, 1911, or any other law in force in any local area, constituted to be a city or included in a city, immediately before the appointed day shall, in so far ..... by the state government under the punjab municipal act, 1911 for conducting elections of municipal committees will continue to operate for election of councillors to a corporation under the act. the legislature while enacting the provisions of the act, clearly intended to repeal the provisions of the punjab municipal act, 1911 in so far as it related to the municipal corporation of ludhiana and some ..... order, direction, scheme, licence, permission, registration, rule, bye-law or form made, issued, imposed or granted under this act or any other law as aforesaid, as the cse may be.'according to s.431, the punjab municipal act, 1911 stood repealed in the area constituted to be a city with effect from the day from which it was constituted.6. from ..... matters relating to election disputes.5. reference is now necessary to be made to sub-sec. (a) of s.428 of the act which provides for continuation of appointments, taxes, rules, bye-laws, regulations etc. framed under the punjab municipal act, 1911 which reads as under:--'any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, .....

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Feb 28 1990 (HC)

State of Punjab Vs. Jaswant theatre and anr.

Court : Punjab and Haryana

Reported in : [1990]186ITR655(P& H); (1990)97PLR685

..... or the property liable for tax nor has any system for assessment been mentioned, the imposition of tax is in violation of the mandatory provisions of section 62 of the punjab municipal act, 1911, and cannot be sustained. it was contended that tax can be charged only if the charging provisions are clear and fix the tiability of the tax on a person or ..... inter alia, on the grounds (1) that no machinery for its assessment has been provided in the notification, and (ii) provisions of section 61 and section 62(2) of the punjab municipal act, 1911, were not complied with, i.e., notice inviting objections did not define the class of persons, the description of property proposed to be taxed and the system of assessment to ..... other than octroi and terminal taxes.17. the basic question required to be considered is what is the mandate of section 62(2) of the punjab municipal act, 1911. the conspectus of the view which emerges is that the municipal committee proposing the tax shall publish a notice inviting objections. the legislation provides that the notice shall contain (i) the defined class of persons ..... of them together, it is clear that all the essentials of section 62 of the punjab municipal act, 1911, are completely complied with. the orders are appealable under section 84 of the punjab municipal act, 1911, and the person entitled to collect the tax has been defined in chapter vii of the municipal account code, 1980. he further submitted that the findings arrived at by the learned single .....

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Oct 06 1994 (HC)

Keshwa Nand, Municipal Commissioner and ors. Vs. Tejwant Singh and ors ...

Court : Punjab and Haryana

Reported in : (1995)109PLR162

..... to what was meant by the term, 'in the event of failure to co-opt due to disturbance' as used in section 12-e of the punjab municipal act, 1911 and after discussion relevant provisions of the act and taking into account the meaning of word 'cancelled', in the context and facts and circumstances of the present case, came to a positive conclusion ..... punjab government gazette on september 14, 1992. under sections 12-a, 12-b and 12-c of the ..... civil) - convener to convene a meeting of the newly elected members of the municipal committee, amloh, for the purpose of co-option of balmikies, women and backward class members as required under section 12-a of the punjab municipal act 1911. petitioners and respondents 5 to 8 were elected as municipal commissioners from municipal committee, amloh and a notification regarding their election was published in the ..... contention of the learned counsel appearing for the appellants is that in view of repealing of sections 12-a to 12-e of 1911 act by virtue of punjab municipal (amendment) act, 1994 and there being no provision now in the amended act for co-option, the directions issued by the learned single judge can not possibly be complied with.6. we have given .....

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May 30 1975 (HC)

M.N. Soi Vs. New Delhi Municipal Committee and anr.

Court : Delhi

Reported in : AIR1975Delhi236

..... be the basis for the fixation of the annual value of the house or building in question turn the purpose of levy of house-tax under the punjab municipal act, 1911. as regards the second, third and fourth questions, the answer is that they do not arise in the present case as we have held that the ..... to be made to the relevant statutory provisions regarding the assessment of annual value for the purposes of levy of house-tax. section 3(l)(b) of the punjab municipal act, 1911, defines 'annual value' as meaning- 'in the case of any house or building, the gross annual rent at which such house or building, together with its ..... . (9) the assessments for the years 1963-64, 1964-65 and 1965-66 are the subject matter of the present writ petition. acting under section 3(l)(b) of the punjab municipal act, 1911, the committee assessed the annual value at rs. 24,000.00 for the years 1963-64 for the purposes of house-tax by a ..... rent at which the premises are reasonably expected to be let within the meaning of section 3(1) of the punjab municipal act, 1911, in the same way as standard rent fixed under the delhi rent control act, 1958? 2. whether the actual rent paid by a willing lessee to a willing lesser is a consideration which ..... the annual value has to be fixed in accordance with the said standard rent for the purposes of levy of house-tax under the punjab municipal act, 1911,' as held in the various decisions. that being so, 'the omission on the part of the petitioner to rely upon the order of .....

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Apr 10 1969 (HC)

The State of Punjab Vs. Bhagat Ram Patanga

Court : Punjab and Haryana

Reported in : AIR1970P& H9

..... sub-divisional officer (civil). in consequence of the behaviour of the respondents in that meeting the appellant proceeded against each under section 16(1)(e) of the punjab municipal act, 1911 (punjab act 3 of 1911), hereinafter referred to as 'the act', by issuing a show-cause notice, annexure 'a' with each of the two petitions by the respondents, bhagat ram patanga and om parkash agnihotri, on ..... to obey the chair. by your aforesaid action you have flagrantly abused your position as a member of the committee within the meaning of section 16(1)(e) of the punjab municipal act, 1911. i am directed to call upon you to show cause under proviso to section 16(1)(e) ibid, why you should not be removed from the membership of the ..... patanga respondent, the following order was made against him on september 11, 1962 -- 'whereas the governor of punjab after giving an opportunity to shri bhagat ram patanga, member. municipal committee, phagwara of tendering an explanation under the proviso to section 16 of the punjab municipal act, 1911, is satisfied that the said shri bhagat ram patanga has flagrantly abused his position as a member of ..... the aforesaid committee: now, therefore, in exercise of the powers vested in him under clause (e) of sub-section (1) of section 16 ibid, the governor of punjab is pleased to remove the said shri .....

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Dec 22 1989 (HC)

Mohinder Kumar Aggarwal Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : AIR1990P& H250; (1990)97PLR553

..... , 1989.the short point for our determination is as towhether after the expiry of the term of officeof elected members of a municipal committee under s. 13 of the punjab municipal act,1911, the out going members are bound, bylaw, to vacate the office or are entitled tocontinue in office for an indefinite period,that ..... in fact, for the same reasons, the then state government recommended to the central government in march, 1985, to amend the punjab municipal act, 1911, empowering the state government to supersede the municipal committees in the state on the expiry of their term on 31st march, 1985, but the central government did not agree and ..... on 10th june, 1979. the 5 years term of the elected members, as specified in sub-s (2) of s. 13 of the punjab municipal act, 1911, was to expire on different dates around june, 1984, and the state government was required to cause fresh elections to be held and completed before ..... in the circumstances. it is felt that it will be in the public interest to supersede the municipal committees forthwith. since there is no provision in the punjab municipal act, 1911, to achieve this purpose, it is proposed to amend the act. hence this legislation. 3. fresh elections would be held in due course.'5. no doubt, ..... e are held and newly elected members are called to take oath in a meeting fixed for that purpose. section 13 of the punjab municipal act, 1911, as amended from time to time, and in its final form as it stands at present, reads as under:--'13. term of .....

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Aug 01 2007 (SC)

Municipal Committee, Patiala Vs. Model Town Residents Asson. and ors.

Court : Supreme Court of India

Reported in : AIR2007SC2844; JT2007(9)SC590; (2007)148PLR333; 2007(9)SCALE507; (2007)8SCC6692007AIRSCW5164; AIR2007SC2844; 2007LawHerald(SC)2429.

..... whether the high court was right in holding that section 3(1)(b) which defines 'annual value' and section 3(8aa) which defines 'market value' in the punjab municipal act, 1911 ('the said act') as substituted by punjab amending act 11 of 1994 suffers from the vice of discrimination and, therefore, they are unconstitutional. we have before us a batch of civil appeals. for the sake of ..... as constitutionally valid in the above decision of this court in the case of patel gordhandas (supra). it is this second method which has been introduced in the punjab municipal act, 1911 by insertion of punjab amending act 11 of 1994. therefore, the word 'rate' has always been construed to mean a tax on the annual value or rateable value of lands or buildings and it ..... quantifiable data of actual or hypothetical rent.18. for the aforestated reasons, we uphold the validity of the aforesaid impugned section 3(1)(b) and section 3(8aa) of the punjab municipal act, 1911, as amended.19. on behalf of the assessees, a number of judgments of this court were cited in the matter of fixation of standard rent. in our opinion, the said ..... (8aa) be declared as unconstitutional.8. the above contentions have been accepted by the high court, which has struck down section 3(1)(b) and section 3(8aa) of the punjab municipal act, 1911, as amended. the short question which requires consideration is whether section 3(1)(b) and section 3(8aa) are violative of the rule of equality in the matter of determination .....

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Dec 21 1973 (HC)

Delhi Guest Houses Vs. New Delhi Municipal Corporation

Court : Delhi

Reported in : 1974RLR267

..... long there is a permission to build a building contained in the lease-deed, such a building after its construction is not within the province of the municipal committee acting under the punjab municipal act, 1911. in this connection, it is sufficient to note that any residential building is capable of being used as a hotel, because there may be small hotels or there may be ..... sets. there does not seem to be any requirement in there bye-laws to submit a no objection certificate from any authority. however, it is quite clear that the punjab municipal act, 1911, enables the municipal committee to reject applications in certain cases. the validity of the impugned resolution no. 5/17, dated 13th december, 1971, is sought to be uphed by reference to section ..... application. none of the bye-laws authorise a return of an application as being incomplete if a no objection letter does not accompany it. none of the sections of the punjab municipal act, 1911, warrant such a return of the application. all that section 193(2) says is that the committee may refuse to sanction the plan if consent has not been obtained from ..... 19j (2) of the punjab municipal act, 1911. (4) now, this provision would seem to indicate that the committee may refuse to sanction the erection of a building for reasons which it deems just and sufficient or ; if .....

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Jun 04 1993 (HC)

M/S. Eko Electronics, Patiala and Others Vs. State of Punjab and Other ...

Court : Punjab and Haryana

Reported in : AIR1994P& H141

..... the entry of any goods into the local area for consumption, use or sale therein. the slate has delegated these powers to the municipal committee under s. 161 of the municipal act. the explanation to s. 61(2) of the punjab municipal act, 1911 further clarifies that in the said section, the tax will include any duty, cess or fee, which the state legislature has the power ..... area or whether such checking can be made only when a person is bringing or receiving such article to the municipal limits. to resolve this controversy, it will be worthwhile to reproduce the provisions of ss. 76 and 77 of the punjab municipal act, 1911, which read as under:--'76. power to examine article liable to octroi.-- every person bringing or receiving within the octroi ..... for restraining the respondents from entering into the business premises of the petitioners for the purpose of search and seizure of the goods, as there is no provision in the punjab municipal act, 1911, in this regard.2. in brief the facts are that the department of local self government to the state of ..... or terminal limits of any municipality any article on which octroi or terminal tax is payable shall when required by an officer, duly authorized .....

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Feb 11 2005 (HC)

Dinesh Kumar Dhir Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : AIR2005P& H241; (2005)140PLR626

..... of law. thereafter, without taking prior approval, the applicants commenced construction of the shops in august, 1999. a show-cause notice was issued under section 195 of the punjab municipal act, 1911 to the petitioner and his brothers for indulging in unauthorised construction of the shops. the show-cause notice was acknowledged and replied by rakesh kumar, one of the brothers ..... flagrantly abused his position as member, therefore. i.b.r. bajaj, i.a.s. principal secretary, local government department, punjab under section 16(1)(e) of punjab municipal act, 1911, remove sh. dinesh dhir, councillor, municipal council, sultanpur lodhi, from membership of municipal council, sultanpur lodhi.'these observations tend to show that the state government was fully aware of the extent to which the ..... charged councillor are not attracted to this case and are clearly distinguishable. it is honest duty of govt. to ensure that municipal council i.e. its members and officials work within the parameters laid down in the punjab municipal act, 1911 (as amended in 1994) and the rules, bye-laws and instructions in this regard. an elected representative is bestowed with ..... this court has jurisdiction under article 226 of the constitution of india to scrutinise the orders passed by the state government under section 16(1)(e) of the punjab municipal act (3 of 1911) with a view to check whether the grounds of removal are not extraneous to the conduct of the member. as such the court can scrutinise the orders .....

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