Court : Delhi
Reported in : 2000(55)DRJ499
..... the authorities, whichwill have to be resorted to under the relevant provision of the statute and to that extent the suit would be barred as per section 225 of the punjab municipal act, 1911 but court's jurisdiction to go into the question whether the order was nullity being vitiated by jurisdictional error would not be barred in view of what has been held ..... of statutory bar under section 225 of the punjab municipal act, 1911. while admitting the appeal on 25.1.1984 no substantial question of law was formulated.5. i have heard learned counsel for the appellant and been taken through the record ..... .c. was illegal and ultra virus and without jurisdiction. on issue no. 2, it was held that the suit was not barred under section 225 of the punjab municipal act, 1911 and section 41 of the specific relief act. in view of the findings on issue nos. 1 and 2, it was held that the plaintiff was entitled to injunction prayed for. accordingly, decree prayed ..... record that noticed was served on the appellant. it was held that in the absence of compliance of the provisions of section 195 of the punjab municipal act, 1911 the suit was not barred under section 225 of the act. against this judgment and decree, n.d.m.c. has preferred this appeal urging that the suit filed by the respondent was not maintainable because .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2000(9)SCC432
..... , the question of granting any monetary "whether the clerks and peons working at octroi check posts and barriers run by the respondent municipal committees concerned constituted and functioning under the punjab municipal act, 1911 (for short 'the act') are entitled to be paid for each of the saturdays on which they worked at the octroi check posts and barriers while their ..... in these appeals runs as under :"whether the clerks and peons working at octroi check posts and barriers run by the respondent municipal committees concerned constituted and functioning under the punjab municipal act, 1911 (for short 'the act') are entitled to be paid for each of the saturdays on which they worked at the octroi check posts and barriers while ..... colleagues in the offices of the municipal committees concerned were permitted to enjoy those saturdays as holidays. the appellants are employees of the respondent municipal committees being peons ..... their colleagues in the offices of the municipal committees concerned were permitted to enjoy those saturdays as holidays." *4. this question is posed for .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC1848; (1969)3SCC484; 3SCR202
..... three trustees appointed by the state government under this section shall cease to be members of the trust.12. reading section 1(3) and section 4a of the act, and section 238 of the punjab municipal act, 1911, together, it seems to us that the true meaning of the latter portion of sub-section (3) of section 1 is that when the government applies the ..... to the municipal committee on the trust under clause (b) of sub-section (1) of section 4 shall be filled ..... this behalf in such notification; and the trust shall be deemed to be dissolved accordingly.7. it appears that on the supersession of the municipality of rohtak in 1954 an administration was appointed under section 238 of the punjab municipal act, 1911. this section, inter alia, provides:238. (1)...(2) when a committee is so superseded, the following consequences shall ensue:(a)...(b) all powers ..... 4-a of the act was not brought to its notice and if it had been brought to its notice the high court may well have come to the contrary conclusion. section 4-a, which was inserted by punjab act viii of 1936 reads :4-a. during the period of supersession of a municipal committee under section 238 of the punjab municipal act, 1911, the three seats allotted .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2001SC1098; JT2001(3)SC249; RLW2001(2)SC185; 2001(2)SCALE246; (2001)3SCC565; 2SCR149; 2001(2)LC1128(SC)
..... nagar council and did not behave properly. by doing so you have misused the powers vested under section 16(1)(e) of the punjab municipal act, 1911. therefore, it is proposed to take action under section 16(1)(e) of the punjab municipal act, 1911 and to remove him from the membership.'5. the respondent no.1 submitted his reply on 23rd july, 1998 and the said secretary ..... (annexure p-6). despite election of the president and the vice president, the notification in terms of section 24 of the punjab municipal act, 1911 (hereinafter referred to as 'the act') was not issued by the state government.4. aggrieved by the inaction of the appellants, particularly the said scretary, the respondent no.1 on 15.5.1998 filed a writ ..... elections. it may be noticed at this stage that the general elections to the panchayat and the municipalities are to be conducted by the state election commission constituted under the punjab state election commission act, 1994 (punjab act no.19 of 1994). after the general elections of the municipality, election of president and vice president is to be conducted in terms of section 20 of ..... the act. the term of the office of the president of a municipality is co-terminus with the term of municipality under section 21 of the act. no elected member of a municipality .....Tag this Judgment!
Court : Delhi
Reported in : ILR1970Delhi244
..... possession of the shops. further, the contract with the petitioners was itself inchoate. it had to be concluded by the execution of the license deeds section 47(1) of the punjab municipal act, 1911 also requires that the contract with the respondent had to be made in writing and must be signed by two members of whom the president or vice-president is one ..... so on what terms (2) alternatively, whether the petitioners are entitled to grant of leases on such conditions as the state government may specify under section 176-a of the punjab municipal act, 1911. (1) the petitioners were licensees in the old stalls on irwin road occupied by them. similarly the accommodation in the mohan singh place offered to the petitioners was also only ..... do nto state in the writ petition, which particular terms of the license deed were nto acceptable to them. the petitioners further aver that under section 176-a of the punjab municipal act, 1911, the respondent was bound to create leases in the favor, but the petitions did nto state whether the said provision of law was applicable to delhi and if so, whether ..... contract between them and the respondent. they have, thereforee, no contractual right to the possession of the shops in the mohan singh place. (2) the punjab municipal act, 1911 was applied to delhi long before 1950. subsequent acts of the punjab legislature amending the said act do nto become applicable to delhi unless they are specifically made so applicable. section 176-a was inserted in the said .....Tag this Judgment!
Court : Delhi
Reported in : 80(1999)DLT145
..... the registry branch.in view of the above discussion, i hold termination of the workman vide resolution ex. ww-1 /45 illegal being in violation of clause 45 of the punjab municipal act, 1911. besides the termination being illegal the same has been made in violation of principles of natural justice and by way of punishment as stigma remains attached with the workman for ..... the workman with immediate effect without payment of one month's wages in lieu of one month's notice is illegal as made in violation of clause 45 of the punjab municipal act, 1911 as quoted above. section 45 provides one month's notice or one month's wages in lieu thereof to be paid before discharge of the employee. mw-1 only ..... the case of the petitioner, discussed the matter in the following terms:'it is an admitted case of the management that the management had resorted to clause 45 of the punjab municipal act, 1911 without completion of the departmental enquiry. as such the charge leveled against the delinquent officer in the enquiry remained unproved resulting in stigma leading to discharge of the claimant. such ..... discharge is not only mala fide exercise of powers but also colorful application of provisions of the punjab municipal act, 1911.no legislation could provide such colorful exercise of power under provisions like clause 45(1) of the punjab municipal act, 1911 which reads as under: 'in the absence of a written contract to the contrary every officer or servant employed by a .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1993)105PLR599
..... on the part of the members to hold co-option and thus there was no consequential right conferred on the state government to resort to section 12-d of the punjab municipal act, 1911 with a view to go-ahead with the process of nomination. earlier, a question of identical nature cropped up for consideration before the division bench in roshan lal singla v ..... petition, the question arises as to what is meant by the term 'in the event of failure to co-opt due to disturbance' used in section 12-e of the punjab municipal act, 1911. before dealing with this aspect it may be seen that the convenor of the meeting has used the word 'cancelled' while postponing the meeting. the stand of the petitioners is ..... also be seen that the convenor of the meeting is supposed to hold a meeting in accordance with the provisions as envisaged under section 25 (2) and 29 of the punjab municipal act in the matter of holding the meeting. there is no provision which may confer a power on the chairman to 'cancel' or 'adjourn' a meeting. thus, even if expression 'cancelled ..... failure of respondent no. 2 to hold the meeting will not entitle respondent no. 1 to nominate any member under section 12-d of the punjab municipal act. he further argued that there is no provisions in the act under which the meeting convened for the purpose of nominating and co-opting the members can be cancelled. the meeting called on 30th september, 1992 .....Tag this Judgment!
Court : Delhi
Reported in : AIR1979Delhi108; ILR1978Delhi762
..... (the committee). all these writ petitions raise a common question of law about the interpretation of s. 67 of the punjab municipal act 1911 (the act). i shall take the facts of c.w. no. 860 of 1969 as fairly representative of these writ petitions. (2) the first floor and ..... the part of the committee' and that the annual value of rs. 4716.00 'ought to be revised by amending the list under s. 67 of the punjab municipal act.' it was further said that the proposed annual value of rs. 780u.00 less ten per cent for repairs being the actual rent will be the 'basis ..... 1968 to cure the defect in the list of 1965-66. the committee purported to act under s. 67 and expressly so stated. s. 68a was introduced in the act by the punjab municipal (amendment) act 1974 which received the assent of the governor of punjab on march 31, 1974. it cannot apply to the cases in hand. (29) ..... either party. (4)change in the tenancy in case of tex payable by the occupier. (15) in punjab national bank v. new delhi municipal committee, : 3scr189 mathew j. said : 'thepurpose behind s. 67 was to enable the municipal committee to amend the assessment list at any time on any of the grounds mentioned therein.' (16) ..... ]. keeping these observations in mind i turn to the supreme court decision. now the supreme court says: 's.67 of the act itself shows the object and purpose of conferring on the municipal committee the power to amend an assessment list. if the name of a person whose name ought to be inserted in the list .....Tag this Judgment!
Court : Delhi
Reported in : 2002IVAD(Delhi)973; 99(2002)DLT129; 2002(63)DRJ51
..... negative firstly, because no evidence whatsoever was led on behalf of the respondent ndmc to show that the disputed land is the property of the ndmc. section 56 of the punjab municipal act, 1911 enjoins the ndmc to maintain a register of immovable properties but no such entries from the register were brought on record and, thereforee, adverse presumption is liable to be drawn ..... been in exclusive possession thereof. it was additionally pleaded that it was the statutory duty of the ndmc to remove the encroachers and take action under section 173 of the punjab municipal act, 1911 and, thereforee, no restriction or injunction as sought for by the plaintiff-appellant could be granted.3. on the pleadings of the parties the following issues were framed:-1. whether ..... . the suit was contested by the respondent ndmc challenging the very maintainability of the suit in view of the provision of section 41 of the specific relief act and section 173 of the punjab municipal act, 1911 for the purpose of seeking equitable relief of injunction and alleging that the appellant is an encroacher on the public passage or the open piece of land which ..... .c1 forms part of the road berm? its effect? od.3. whether the plaintiff is entitled for any injunction?4. whether the suit is barred by section 173 of the punjab municipal act?5. relief.6. whether the plaintiff has become owner of the disputed land by way of adverse possession? op.4. both the courts below have returned concurrent finding on issues .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1995)110PLR573
..... are not proved under section 16(1)(2). i would like to bring to his notice the commentary of section 16 at page 139 of the book 'doabia's- the punjab municipal act, 1911 with rules.'it reads as under:-'29. abuse as president removal as member, was. justified - whereas the president of a committee misused his position it was held that his removal ..... , respondent no. 2. on april 6, 1994, he ordered as under:-'i have gone through this case and find that sh. parvinder bajaj, president, municipal committee, sangrur has acted beyond his powers under section 35 of the punjab municipal act, 1911. as has been reported in para 3 at np/13 by aslg/dlg that the works were not of such nature which involved or likely ..... have carefully gone through this case and i find that there is no charge of any material irregularity against sh. parvinder bajaj, president, municipal committee, sangrur, except that he got four works done under section 35 of the municipal act without getting the approval of the committee. in his reply, he has stated that he got these works done under the directions of ..... the deputy commissioner, sangrur and keeping in view the urgency of completing these works in public interest. this act has been confirmed by the d.c., sangrur on .....Tag this Judgment!