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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Page 7 of about 36,393 results (0.151 seconds)

Mar 07 1963 (SC)

Firm Seth Radha Kishan (Deceased) Represented by Hari Kishan and ors. ...

Court : Supreme Court of India

Reported in : AIR1963SC1547; (1963)65PLR912; [1964]2SCR273

..... whether a suit would lie in a civil courtclaiming refund of the terminal tax collected by a municipality under theprovisions of the punjab municipal act, 1911 (punjab act iii of 1911),hereinafter called the act. 2. the appellant is alleged to be a firm registered under the indianpartnership act. it carries on business within the limits of the ludhianamunicipality. it imported sambhar salt into the ..... octroi limits of the ludhianamunicipality. the municipality committee, ludhiana, imposed terminal tax on thesaid salt and the appellant paid ..... from interferingwith the construction of the plaintiff's proposed building on the ground that itsorder refusing sanction under s. 193(2) of the punjab municipal act was anabuse of its power. mahajan j., delivering the judgment on behalf of the fullbench observed at p. 84 : 'the provisions of s. 225which ..... provisions thereof.there is no force in this contention. section 61(2) of the act specificallyempowers the municipal committee to levy any tax other than those specifiedtherein with the previous sanction of the state government. the levy ofterminal tax was sanctioned by the punjab government by notification no. 26463dated july 21, 1932, at the rates shown in .....

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May 22 1979 (HC)

New Delhi Municipal Committee Vs. Lila Guha and ors.

Court : Delhi

Reported in : AIR1980Delhi12

..... to be paid by the lessee.(5) under section 61(1)(a) of the punjab municipal act, 1911 (hereinafter referred to as the act) which applies to new delhi where the property no. 13 golf links is situated, the new delhi municipal committee is empowered to impose a tax payable by the owner on buildings and lands ..... the lessers including the amount by way of reimbursement should be regarded as 'gross rent' within the meaning of section 3(1) (b) of the act.(10) there may be an exceptional situation, however, as the present one, in which a distinction is to be drawn between what the lessers really get ..... rent at which such house or building xx. xx. may reasonably be expected to let' within the meaning of section 3(1) (b) of the act.(7) mr. bkramajit nayyar, learned counsel for the petitioner, submits that the fair letting value of the premises varies according to the purpose for which the ..... petitioner. the petitioner thereupon filed the writ petition challenging the validity of the order of the additional district magistrate passed under section 84 of the act. the straight question for decision is whether the damages or penalty charges livable on the landlord by the government for the misuse of the premises are ..... not exceeding a certain percentage per annum of the annual value of the premises. under section 3(1) (b) of the act, 'annual value' means 'in the case of .....

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May 25 1973 (HC)

Bansi Dhak Vs. the New Delhi Municipal Committee

Court : Delhi

Reported in : 10(1974)DLT176

..... wati and another v. shambu nath, where a division bench of the court held- 'theproviso to sub-section (1) of section 3 of the punjab municipal act, 1911, occurs after the whole of the sub-section and, thereforee, governs the sub-section as a whole and not merely clause (e) thereof. it cannot ..... to a house or messuage. in a strict legal sense, land cannot pass as an appurtenance to land. (5) the punjab municipal act was enacted in the year 1911. keeping in view the time when the act was enacted, in our opinion, the word 'appurtenance' in clause (b) would mean an outhouse. barn garden or orchard ..... petitions involve the construction of the first proviso to clause (e) of sub-section (1) of section 3 of the punjab municipal act (hereinafter called the 'act'). section 3 (1) of the act read as : '3.in this act, unless there is something repugnant in the subject or context,- (1) annual value' means- (a) in the case ..... of 5 tens each. 2. six electric water boilers. 3. ten ceiling and pedestal fans. 4. one telephone. 5. one lawn mower.the municipal committee in fixing the annual value of the building for the year charges for the proposed to include the hire charges for the aforesaid machines and appliances as ..... a house or building cannot be determined under clause (b). section 61 to 85 in chapter v of the act deal with texation. section 61 details the taxes that may be imposed by a municipal committee. section 61(1) (a) provides for tax on buildings and lands payable by the owner. sub-claused .....

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Dec 01 1996 (HC)

Kishan Lal Vs. New Delhi Municipal Committee

Court : Delhi

Reported in : 1997IAD(Delhi)652; 65(1997)DLT281; 1997(40)DRJ404

..... led evidence and also the defenant. i do not want to go into the merits because section 49 of the punjab municipal act, 1911 stand in the way of the plaintiff. section 49 of the municipal act, 1911 reads as under:- section 49 : suits against committee and its officers - no suit shall be instituted against a ..... hence the plaintiff is entitled to damages.(5) the defendant filed written statement contending, inter alia, that no notice under section 49 of the punjab municipal act, 1911 was issued by the plaintiff before filing the suit and thereforee, the suit was not competent, that the plaintiff could have filed an appeal ..... committee, or against any officer or servant of a committee, in respect of any act purporting to be done in its or his ..... has been so delivered or left: provided that nothing in this section shall apply to any suit instituted under section 54 of the specific relief act, 1877.notice under this section was not issued. thereforee, in the light of this mandatory provision the suit cannot be said to be maintainable. ..... the plaintiff sent a reply on 20.02.1976. the defendant took proceedings under section 5 of the public premises (eviction of unauthorised occupants) act, 1971 before the estate officer on 21.06.1976. on 24.07.1976 the plaintiff filed the reply to the proceedings initiated by the defendant .....

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Oct 07 2005 (HC)

Dharam Singh and ors. Vs. Municipal Corporation of Delhi and ors.

Court : Delhi

Reported in : 124(2005)DLT466

..... such vending activity, and its use for the populace in general.50. in the decision reported as sodan singh v. new delhi municipal committee, : [1989]3scr1038 , pari materia provisions of the punjab municipal act, 1911, governing the new delhi municipal committee, at that point in time, were considered, by a constitution bench of the supreme court. the court was also called ..... bench constituted by three learned judges observed in pyare lal case1 that the provisions did not authorise the municipality to permit stalls to be set up in the streets except temporarily on special ..... obstruction to the traveling public. the provisions of the delhi municipal corporation act, 1957, are clear and nobody disputes before us that the municipal corporation of delhi has full authority to permit hawkers and squatters on the sidewalks where they consider it practical and convenient. insofar as the punjab municipal act, 1911 applying to the new delhi area is concerned, the ..... would lead to undesirable results. particular reliance was placed on the observations of the supreme court that provisions of municipal acts should be construed in a beneficial manner and that if there was some ambiguity, to enable municipalities to liberally exercise their authority both for granting permission to individual for making other uses of pavements and for .....

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Feb 06 1967 (SC)

New Delhi Municipal Committee, New Delhi Vs. Indian Bank Ltd.

Court : Supreme Court of India

..... back side of this notice mark 'a' and the annual value for the year 1958- 59 is ought to be revised by amending the list under section 67 of the punjab municipal act, 1911, and this committee, has vide resolution no. 113 dated 27/1/61 proposed to amend the list for the year 1958-59 by revising the annual values given at the ..... appeal. the short point for decision in. this case is whether the notice issued by the appellant on 18/2/1961. under section 67(1) of the punjab municipal. act, 1911, to be hereinafter referred to as the act, is in accordance with law. for the assessment year 1957-58, it is admitted, the annual letting value of the building, with which we are concerned ..... . in this connection. reference may be usefully made to the decision of the bombay high court in the cholisgaon borough municipality v. multanchand fulchand sancheti : air1956bom675 , (1) and the- decision of the punjab high court in kaviraj khazan chand v. the new delhi municipal committee 1960 p.l.r. 97 . now we have to see whether the notice given by the appellant meets ..... allowed. no of annual deduct net house remarks bldg. & valuetion annual tax of with effect locality of the made value 10% from municipal property for of no. as proper repairs annual sed under etc. value section 67 of p. m. act :shopno. 7200-00 720-- 6480-- 648- 1/10/58 g-41, to con. 31/3/59 circus, new delhi. m. c .....

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Aug 07 1962 (HC)

Prithi Chand Vs. Lieutenant-governor

Court : Himachal Pradesh

Reported in : AIR1962HP59

..... in the following circumstances:2. theog was at first a notified area under the punjab municipal act, 1911, hereinafter to be referred as 'the municipal act', as applied to himachal pradesh. subsequently, it was declared to be a small town under the punjab small towns act, 1921, hereinafter to be referred as 'the s. t. act' as applied to himachal pradesh. in accordance with section 4 of the s ..... , referred to above, is attacked therefore fails.11. the second ground urged on behalf of the petitioner is also not tenable. the municipal act was passed in 1911 and the s. t. act in the year 1921. the former dealt with municipalities while the latter with the small town committees and the legislature in its wisdom may not have considered it proper to couch section ..... the party affected thereby.36. the case of harnam singh modi v. state of punjab, air 1960 punj 186 is distinguishable inasmuch as the order of removal of a municipal member which was impugned was held to have been made under section 16(1) (e) of the municipal act, a section which specifically provided for the affording of an opportunity of tendering an explanation ..... . t. act a small town committee of theog was established on 25-4-1953. the committee .....

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Aug 17 1995 (HC)

Roshan Lal Vs. Municipal Committee

Court : Punjab and Haryana

Reported in : (1996)112PLR567

..... does not contravene any provision of the constitution.3. the punjab municipal act, 1911 was enacted to make better provision in the administration of the municipalities in the state. section 3(i) of the act defines the annual value of the property for the purposes of the act. section 84 provides for an appeal against the assessment or ..... . allowed 1979 s.c. 1250, considered the scope of section 9 of the c.p.c. and sections 84 and 86 of the punjab municipal act and held :' it is well recognised that where a revenue statute provides for the person aggrieved by an assessment thereunder, a particular remedy to ..... modes of seeking it are excluded. construed in the light of this principle, it is clear that sections 84 and 86 of the municipal act bar, by inevitable implication, the jurisdiction of the civil court, where the grievance of the party relates to an assessment or the principle of assessment under ..... the applicability of section 9 of the c.p.c. and decided only, ' the applicability of the provisions of the limitation act to a claim regarding the levy of tax by the municipal board.7. the reliance of the learned counsel for the appellant on tejinder kaur v. m.c. tarn taran, 1983 p ..... this act.'the court confirmed its earlier judgment in firm seth radha kishan v. administrator municipal committee, ludhiana,a.i.r. 1963 s.c, 1547.6. the reliance of the learned counsel on 'firm .....

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Apr 28 2004 (SC)

Municipal Corporation, Ludhiana and anr. Vs. Balinder Bachan Singh (D) ...

Court : Supreme Court of India

Reported in : JT2004(5)SC226; 2004(5)SCALE202; (2004)5SCC182

..... to as the 'appellant'), notified a town planning scheme area no.6 part-iiia, known as sampuran colony, model gram, ludhiana, duly framed under section 192(2) of the punjab municipal act, 1911 (for short 'the act'). sampuran singh is the father of respondent nos. 1 (d) through lrs. and 2 and husband of smt. rajinder kaur. in the scheme, the land of smt. rajinder ..... owners in possession of the land measuring 3 kanals 16 marlas and sought for perpetual injunction restraining the appellant from taking forcible possession.16. under section 192 of the act the municipal corporation is entitled to draw up a building scheme for the built area and the town planning scheme for un-built area which may among other things provide for the ..... as roads and parks. she gave her own design for earmarking plots and shopping area. the local government department, punjab in exercise of its power under section 192 of the act accorded sanction to the town planning scheme approved and submitted by the municipal corporation. after the scheme was duly notified by the government, the public land along with other land was developed ..... . we have perused the oral testimony of the witnesses produced by the respective parties. we have also perused the scheme which was finally approved by the state of punjab under section 192 of the act as well as the other attending documents {ex. d-1 to d-38} pertaining to the submission of the scheme, objections filed by rajinder kaur and her .....

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Aug 11 1971 (SC)

The Atlas Cycle Industries Ltd. Vs. State of Haryana and anr.

Court : Supreme Court of India

Reported in : AIR1972SC121; [1972]85ITR121(SC); (1971)2SCC564; [1972]1SCR127

..... september, 1966 a notification dated 15 september, 1966 was published in the punjab government gazette to the effect that under section 5(1) of the punjab municipal act, 1911 (referred to for the sake of brevity as the act) the president of india was pleased to declare his intention of including within the municipal limits of sonepat in the rohtak district, the area specified in the schedule ..... one month from the date of the notification, on which the tax shall come into force.15. in the case of tax falling under section 61(2) of the act the municipality has to submit proposals together with objections to the deputy commissioner. the deputy commissioner shall submit the proposal and objections with his recommendation to the state government. the state government ..... the appellants contended that this procedure; for inviting objections should have been followed.11. in the case of tax falling under section 61(1)(b) to (f) of the act the municipal committee after settlement of the proposals shall direct that the tax be imposed and forward a copy of the order through the deputy commissioner to the state government. these orders ..... ) to (f) is tax on profession, calling, trade and of other forms which are not material for the purpose of the present appeals. under section 61(2) of the act the municipality may impose with the previous sanction of the state government any other tax which the state legislature has power to impose in the state under the constitution. the levy of .....

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