Court : Delhi
Reported in : AIR1975Delhi223; ILR1975Delhi84
..... 'the act') by virtue of the exemption granted to the property of a state from union taxation by article 289(l) of the constitution of india ..... by the states of andhra pradesh. jammu and kashmir and punjab, in one of which the state of orissa was allowed to intervene, raise is whether the immovable property belonging to a state situated in the union territory of delhi is immune from house tax livable under the provisions of the punjab municipal act, 1911, as applicable to delhi (hereinafter to be referred to as ..... the distribution of legislative powers for the federal constitution which was introduced later by the government of india act, 1935 and still later by the constitution of india. the form of government in 1911, thereforee, when the punjab act came into force as punjab act no. 3 of 1911 was purely unitary and the concept of state or provincial legislative field as distinct from central legislative field .....Tag this Judgment!
Court : Delhi
Reported in : ILR1970Delhi306
..... march 24,1967 and conveyed it to the respondents as per letter dated april, 15, 1967. new. delhi municipal committee, it may be stated, is governed by the provisions of the punjab municipal act, 1911 as extended to delhi (hereinafter referred to as 'the municipal act'). 23, curzon road, is also included in section 2 and 3 of zonal development plan for zone d-l ..... (connaught place and its extension) under the delhi development act, 1957 (hereinafter referred to as 'the development act'). delhi development authority (hereinafter referred to as ..... 5% first floor coverage .. 50% coverage for second floor and above . . 35%'. (13) the appellant committee in exercise of the powers conferred by section 190 and other provisions of the municipal act made bye- laws to make the existing bye-laws as per notification dated september 18, 1964. the authority also on consideration of the bye-laws certified that they did not ..... committee had the power to compound the contravention committed by the respondents in the construction of the building in question under the first proviso to section 195 of the municipal act. the dictum. that estoppel cannot constitute a cause of action to which reference has been made on behalf of the appellants, has no bearing on the present case .....Tag this Judgment!
Court : Delhi
Reported in : AIR1973Delhi198; ILR1972Delhi1
..... in law to issue the notice of demolition.(4) the appellant corporation was established by the delhi municipal corporation act. 1957, which came into force on april 9, 1958 prior to this the punjab municipal act, 1911. hereinafter referred to as 'the punjab act' was applicable. section 195 of the punjab act. in so far as it is relevant, provided.- '195.should a building he begun, erected ..... it may deem necessary within the period specified in such notice:. .........'admittedly, building in question was erected without the requisite sanction and. thereforee, if the punjab act had continued to apply, the municipality would have been entitled to require the respondent to demolish the said building. the first appellate court has not given any finding as to the exact date ..... 5) as stated earlier, the corporation was established under the delhi municipal corporation act. 1957, hereinafter referred to as 'the corporation act', with effect from april 9, 1958 and by reason of clause (b) of sub-section (1) of section 516 of the corporation act read with its thirteenth schedule, the punjab act ceased to have effect within delhi. then clause (b) of ..... corporation is that the respondent had incurred a liability with the municipal committee. delhi, which is one of the authorities specified in the second schedule to the corporation act, to have the building demolished by reason of section 195 of the punjab act read with section 343 of the corporation act. section 343 has to be read with and in the .....Tag this Judgment!
Court : Delhi
Reported in : 10(1974)DLT26; 1974RLR499
..... and 445 of 1968, the point involved in both the petitions is whether the assessment list prepared by the new delhi municipal committee under section 66 of the punjab municipal act, 1911 for the 'ensuing year' can be amended under section 67 of the act after the expiry of the 'ensuing year'. facts of civil writ no. 44.5 of 1963 are as under:- 'the petitioner ..... for all these years was duly paid. on february 13, 1968, the petitioner received five notices under section 67 of the punjab municipal act (no. 3 of 1911) hereinafter called 'the act' stating that in exercise of power under section 67 of the act the committee by resolution nos. 71 to 75 dated january 27, 1968 proposed to amend the list of assessment for the years ..... after the settlement and not any previous year. (13) mr. d. d. chawla, appearing for the respondent placed strong reliance on the decision of the supreme court in punjab national bank v. new delhi municipal committee (civil appeal no. 1215 of 1970 decided on december 22, 1972) (1) and argued that the supreme court has held that the expression 'at any time ..... be the tax assessed for those years and recoverable like any other tax under the provisions of the act. this appeal was against a full bench decision of this court dated october 28, 1969 in new delhi municipal commit fee. new delhi v. the punjab national bank ltd. (l.p.a. no. 93 of 1967),(2) the question for decision in the appeal .....Tag this Judgment!
Court : Delhi
Reported in : 1993IVAD(Delhi)522; 52(1993)DLT395; 1993(27)DRJ635
..... will be rendered valid. however, as it now stands, it goes beyond the rule making power specified in section 188(n) of the punjab municipal act, 1911 and is thereforee rendered ultra vires. it should be the aim of the court to read the bye-law in such a way that it ..... fixed or retained without the written permission of the secretary, new delhi municipal committee granted in accordance with the bye-laws framed by the new delhi municipal committee from time to time under section 188(n) of the punjab municipal act, 1911. provided that no such permission shall be granted by the secretary ..... -7 of 1960.(13) these bye-laws, as is evident from the notification, have been promulgated under section 188(n) of the punjab municipal act and came into effect on the expiry of six months from the date of the publication in the delhi gazette. the bye-laws were ..... advertisements are also put at sites owned by private parties.(3) under the provisions of the punjab municipal act, bye-laws relating to control and regulation of advertisements were framed by the new delhi municipal committee vide notification dated 17th september, 1960. according to the respondents bye-law no.6 ..... any wall or other property of a rly. administration. (h) advertisement which relates to any activity of the central government or the corporation or other municipalities and statutory bodies. 'explanation:- the word 'advertisement means any word, letter, model, sign, placard, notice device or representation, whether illuminated or not .....Tag this Judgment!
Court : Delhi
Reported in : AIR1982Delhi534; 22(1982)DLT26
..... . the ndmc's counter-affidavit on this point is delightfully vague. nothing has been said in particular about these cases cited by the petitioners. (23) section 193(2) of the punjab municipal act, 1911 says ; 'thecommittee may refuse to sanction the erection or re-erection of any building for any other reason, to be communicated in writing to the applicant, which it deems to ..... august 1971. the ndmc rejected those plans on 15th september 1971 'for want of lesser's i.e. the government's consent as required under section 193(2) of the punjab municipal act. 1911.' the petitioners are aggrieved on two counts, one against the lesser that he, inspire of repeated demands has not given to them the terms on which he would permit the ..... rightly or wrongly the plans have been rejected. there is no neglect, no omission. the right course for the petitioners was to prefer an appeal under section 225 of the punjab municipal act against the refusal of the ndmc under section 193 to sanction the erection or re-erection of a building. the legal fiction by a deeming provision assumes a putative state ..... 5th august 1971 to ndmc. these plans were rejected on 15th september 1971 'for want of lessers i.e. government's consent as required under section 193(2) of the punjab municipal act.' the petitioner's case is that this rejection is worngful. they plead discrimination. it is said that in the case of other building plans submitted by other parties in respect .....Tag this Judgment!
Court : Delhi
Reported in : ILR1980Delhi1037
..... been held by the supreme court in the case of dewan daulat rai kapoor and others v. new delhi municipal committee and others. : 122itr700(sc) that the annual value of the r property in section 3(1) (b) of the punjab municipal act, 1911 has to be fixed with reference to the standard rent of the property which can be fixed under section 6 ..... or 9, as the case may be, of the delhi rent control act, 1958. (5) the next question which arises is as to the manner in which ..... .'(3) the respondent constructed a building on the aforesaid land. with a view to levy the house tax under section 3 (1) (b) of the punjab municipal act, the petitioner published a notice under section 65 of the punjab municipal act proposing annual value of the said property. the respondent filed objections to the same. the counsel for the respondent were heard by the committee and ..... ' the case of property constructed on a leasehold land for the purpose of arriving at the amount of house tax to be paid under section 3 (1) (b) of the punjab municipal act is the question involved in this and connected writ petitions. (2) a plot of land measuring o.5 acre or thereabout situate at ferozeshah road, new delhi by lease-deed .....Tag this Judgment!
Court : Delhi
Reported in : AIR2001Delhi102
..... of standard rent. 3. suit was resisted by the appellant on merits as well as taking a preliminary objection that it was barred under section 86 of the punjab municipal act, 1911 and under specific relief act. the appellant alleged that it had fixed the ratable value on the basis of annual rent, which is binding on the respondents, who were duly served with the ..... to decide an objection to valuation or assessment. section 86 of the act clearly says so, which bars the jurisdiction of civil court to entertain a suit ..... of this court in sobha singh and sons (p) ltd. v. new delhi municipal committee : 34(1988)dlt91 holding that the remedy against assessment or levy of house tax is only by way of an appeal under section 84 of the punjab municipal act, 1911. there is an authority nominated under the act to decide the question on merits. no other authority or court is competent ..... trial court decreed the suit holding that the property had not been assessed on the basis of standard rent as laid down in devan daulat rai kapur v. new delhi municipal committee etc. : 122itr700(sc) and that the suit was not barred under section 86. it did not record any reason that why the suit was not be barred. appeal .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2006)143PLR81a
..... his continuation, if elected, as a member of the panchayat.25. at this stage, it may also be noticed that like the punjab panchayati raj act, 1994, there exists a separate legislation known as the punjab municipal act, 1911 which provides the constitution of municipal council/nagar panchayats, their powers, duties and functions, reservation of seats and elections of president and other office-bearers of these elected ..... bodies and the term of their office as also the procedure for resignation, suspension and removal etc. of such elected members. section 3(12-a) of the said act defines ''state ..... the superintendence, direction and control of the preparation of electoral rolls for the conduct of all elections, municipalities, shall vest in the state election commission.27. it is pertinent to repeat that by virtue of section 228 of the panchayati raj act, the punjab gram panchayat act, 1952, which used to hold that field earlier, has been repealed. we find that in section 6 .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2006)143PLR335; 2007(1)SLJ489(P& H)
..... with the following common question which arose for consideration: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 colleague ..... in the offices of the municipal committees concerned were permitted to enjoy those saturdays as holidays. 9. the aforesaid question has been answered in para 15 of ..... , are entitled to be paid 'extra wages' in lieu thereof. reliance has been placed on a judgment by the supreme court in the case of municipal employees union (red.) sirhind and ors. v. state of punjab and ors. (2000)9 s.c.c. 432.7. on the other hand, learned state counsel, on the basis of the stand taken in ..... , the state government is also obligated not to discriminate amongst its similarly situated employees. it can achieve both the objects successfully by following the dictum of the supreme court in municipal employees union (regd.) sirhind and others (supra), namely by granting extra wages for each of the working saturday,12. for the reasons aforementioned, though, i decline to quash .....Tag this Judgment!