Court : Supreme Court of India
Reported in : AIR1998SC537; JT1997(9)SC413; (1998)118PLR755; 1997(7)SCALE279; (1998)1SCC454; Supp5SCR453
s.p. bharucha, j.1. on 30th november/3rd december, 1990, when the state of punjab (the appellant) was under president's rule, an order was issued under the provisions of section 71(1) of the punjab municipal act, 1911, by the president of india exempting kapas (raw cotton), narma and oil seeds from the payment of octroi with immediate effect. on the same day, in ..... exercise of powers conferred by section 62a of the said act, the president was 'pleased to direct all the municipal committees in the state of punjab to impose urban development cess on ..... the sales/purchase of kapas (raw cotton), narma and oil seeds made within the respective municipal areas at the rate of 0.25 per cent ad valorem with immediate ..... following the procedure laid down in section 62. it is then that the notification of the tax is conclusive evidence that it has been imposed. alternatively, if the municipal committee has failed to act as required by an order under sub-section (1) of section 62a and the state government has imposed the tax under sub-section (3) thereof, the provisions of .....Tag this Judgment!
Court : Delhi
Reported in : ILR1970Delhi38
..... this court. the application was, however, opposed by the committee on whose behalf it was contended that since the contract was not executed in accordance with section 47 of the punjab municipal act, 1911, it was not binding on the committee and thereforee there was no existing arbitration agreement between the parties. (5) section 47 requires that every contract, made by or on ..... disputes were covered by the arbitration clause. the committee however maintained that in the absence of a formal contract executed in conformity with the provisions of section 47 of the punjab municipal act, there was no arbitration agreement.(9) the contention found favor with the learned single judge who, thereforee declined to order the alleged agreement to be field or to refer ..... and consequently there subsists no valid and binding arbitration agreement between the parties.(12) the decision of the question as to whether the provisions of section 47 of the punjab municipal act are mandatory and whether a contract which is not signed in the manner prescribed by the said section would not be binding on the committee stands settled by the supreme ..... substantially the same form in article 299(1) of the constitution. but in both these provisions there is nothing comparable to sub-section (3) of section 47 of the punjab municipal act which in terms provides that no contract or transfer of the value mentioned in subsection (1) executed otherwise than in conformity with the provisions of the said section shall be .....Tag this Judgment!
Court : Delhi
Reported in : 1996IVAD(Delhi)87; 70(1997)DLT120; 1996(39)DRJ635; 1996RLR396
..... of paper book) which purports to have been issued under section 67-a of punjab municipal act. but on perusal of the punjab municipal act, 1911, we could not find any section 67-a in any edition of books on the punjab municipal act. obviously and in all probability, the section number has been wrongly mentioned. without ..... january 1992 for the purpose of assessing the flat for the first time for the year 1990-91 under section 67-a of punjab municipal act, 1911 (hereinafter called the pm act) at an annual value of rs.3,72,629.00 minus 10% calculated on the basis of comparable market rent. despite ..... (1) this petition has been filed for (i) quashing the impugned order dated 24th may 1993 dismissing petitioner's appeal under section 84 of the punjab municipal act, assessing flat no. 12, having an area of 1148 sq. ft. in gauri apartment, 3-4 south end lane, new delhi at annual ..... . pursuant to notice dated 17th january 1992, the petitioner is directed to appear before the committee/assessor in office thereof under new delhi municipal council act, on 12th august 1996. the assessing authority shall provide the petitioner with such supplementary information forming the basis for the proposed revision of ..... dated 2(3) an appeal was filed against the said order before the additional district magistrate, north-east, delhi under section 84 of pm act. mrs. nandita sehgal, additional district magistrate (n/e) delhi while confirming the impugned order dated 20th may 1993, upheld the contentions of the .....Tag this Judgment!
Court : Delhi
Reported in : ILR1973Delhi35
..... . 85 in sundar nagar, new delhi, the construction of which was completed in october, 1956. the new delhi municipal committee, in whose area this property fell at the relevant time, sent a notice under section 67 of the punjab municipal act, 1911 (hereinafter referred to as the act), on january 7, 1957 to the plaintiff/respondent proposing assessment of the new building to house tax and ..... not entered in the assessment list prepared for the period 1-4-58 to 31-7-59. on september 4, 1959, the new delhi municipal committee purporting to act under section 67 of the act issued a notice to the punjab national bank ltd. that inasmuch as the building was completed and was occupied from 1st july, 1958, it had to be assessed to ..... the appellant in both the cases reliance has first been placed on a full bench decision of this court in l.p.a. no. 93 of 1967, new delhi municipal committee vs. the punjab national bank ltd. (i) decided on 28th october, 1969. according to the learned counsel, the controversy has been settled by this f.b. decision and the tax as ..... -53, could not have been inserted in that list.' this observation was made while construing the judgment of d.k. mahajan, j. in municipal corporation of delhi vs. capt. bhawani dass and others i.l.r. 1963(1) punjab 541 thus what was decided by the full bench was that if a property comes into existence at a particular point of time .....Tag this Judgment!
Court : Delhi
Reported in : 1995IIIAD(Delhi)292; 59(1995)DLT227; 1995(33)DRJ589; 1995RLR444
..... jaspal singh, j. (1) the dispute revolves mainly around the effect of bye-laws made by the new delhi municipal committee relating to pasting of bills and advertisements framed under section 188(n) of the punjab municipal act, 1911. however, let me first bring forth the factual canvass. (2) the plaintiff firm is engaged in the business of outdoor publicity/advertisement, inter alia, by way ..... of display of hoardings etc. in delhi and other places. it says that it applied by registered post to the new delhi municipal committee for grant of permission to ..... effect of the above-noted bye- laws? they show that since an advertising sign means any surface or structure 'with characters, letters of illustrations applied thereto', the new delhi municipal committee has the power to regulate such advertisements and that while exercising this power it has to keep in view 'the consideration of the aspects of urban aesthetics, public safety ..... sanctioned as per bye law 3 of the bye-laws and consequently the hoardings were erected and advertisements displayed. the grievance of the plaintiff firm is that the new delhi municipal committee is threatening to remove, deface and damage the said hoardings. hence its suit for permanent injunction and an application under order 39 rules 1 and 2 of the .....Tag this Judgment!
Court : Delhi
Reported in : AIR2004Delhi389; 112(2004)DLT690; 2004(75)DRJ611
..... alleged unauthorised construction was made (over 50 years ago), no notice within six months thereof was issued to the lessee. that being so, by virtue of section 195 of the punjab municipal act, 1911, as it was then applicable, the alleged unauthorised construction could not be demolished thereafter. a division bench of this court in the case of delhi ..... of unauthorised construction and even if it were to be assumed to be unauthorised, then the same could only have been demolished by the new delhi municipal council (ndmc) under section 195 of the punjab municipal act of 1911. but such demolition could have been carried out only after giving a notice within six months from the date of completion of the building. no such ..... municipality v. surjit kau : air1973delhi198 held as under in paragraph 6 thereof:-''6.it is no doubt true that a liability under section 195 of the punjab act to demolish the building upon a notice being delivered to her but this liability would have been incurred ..... limit of time for the service of a notice of demolition because the corporation can enforce only such liabilities which have been incurred under the punjab act and to determine the extent and nature of the liability, the provisions of the punjab act will have to be looked into notwithstanding its repeal. the provisions contained in sections 336, 343 and 344 of the corporation .....Tag this Judgment!
Court : Delhi
Reported in : 1997IVAD(Delhi)608; 68(1997)DLT62; 1997(42)DRJ510
..... accordance with its judgment reported as above.(3) on 5.8.1977 the petitioners moved an application under section 169 of the punjab municipal act, 1911 seeking permission of the municipal authority for sanction of the proposed building plan. it appears that the plan has been approved by the administrator vide resolution no. ..... the submission of the learned counsel for the petitioners is too tall a submission and cannot be accepted. it is true that the punjab municipal act does not provide for permission from the urban land & ceiling authority and from the l&do; being obtained before the release of the building ..... for the petitioners have submitted that the ndmc is wrongly insisting on obtaining clearance under the ulcra, as there is no provision under the punjab municipal act or the building bye laws for obtaining permission under sections 20 and 22 of the ulcra. having no nexus with the object which is ..... sought to be achieved by the punjab municipal act, the insistence on such compliance is totally unjustified and illegal.(13) the second question shall also have to be answered against the petitioners. ..... sanctioning of the building plans gives any vested right to the petitioners. since the laws relating to planned development of any township and the municipal laws are meant for the public good, they apply on the dates on which they are brought into force and even the pending .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1996)112PLR660
..... petitioner was removed from service vide order annexure p2 dated 17.9.1982 passed by the executive officer, municipal committee, malerkotla in the purported exercise of powers under section 45(1) of the punjab municipal act, 1911 (for short, the act). during all these years, it has not been possible for the court to take up the case ..... make it constitutionally valid. if i was to read section 45(1) as governing the cases of permanent employees and i was to hold that the municipal committee can dispense with the service of a permanent employee by giving him one month notice or pay in lieu thereof, the provision would be open ..... for the parties and the court make earnest endeavour to decide the pending cases at the earliest.2. the petitioner who joined the service of the municipal committee, malkerkotla as safai sewak in the year 1962 was confirmed on that post in the year 1975 only to be thrown out of the job ..... constitution of india. in support of his arguments, shri mittal relied on a decision of the full bench of this court in ram nath v. state of punjab and ors., a.i.r. 1976 p&h; 396.4. in my opinion, the aforesaid arguments of shri mittal cannot be accepted. no doubt, section ..... the intervening period. for monetary benefits, the petitioner shall be free to avail the remedy available to him under section 33-c(2) of the industrial disputes act, 1947 in view of the law laid down by the supreme court in the managing director, u.p. warehousing corporation and ors. v. vijay narayan vajpayee .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1995SC3; 1994(4)SCALE390a; (1994)6SCC619
..... immoveable property within the union territory of delhi. it is the contention of the states that they are exempt from the payment of property tax leviable under the provisions of punjab municipal act, 1911, as applicable to delhi by virtue of the exemption granted to the property of a state by article 289(1) of the constitution of india. the contention of the states ..... (sc) . we are bound by this decision.4. this, however, does not detract from the plausibility of the contentions advanced before us on behalf of appellant and the intervener, the municipal corporation of delhi. these contentions, based upon constitutional provisions, were not advanced in the cases aforementioned and require consideration. large financial stakes are involved. accordingly, these matters shall be placed ..... against the judgment and order of the delhi high court delivered on 14th march, 1975, in civil writ petition no. 342 of 1969, state of andhra pradesh v. new delhi municipal committee, and against other orders of the same high court which follow the aforementioned judgment. the respondents in these various civil appeals and special leave petitions are the states of ..... aforementioned, which was, in the main, founded upon the opinion of this court in re. the bill to amend section 20 of the sea customs act, 1878, and section 3 of the central excises and salt act, 1944, 1964-3 s.c.r. 787.3. having duly considered the majority opinion in the presidential reference aforementioned, we find that the point at .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1980SC2112; (1980)4SCC91; 1980(12)LC565(SC)
..... book, the counter-affidavit of the govt. runs thus:there is no abuse of power by government while granting exemption to respondent no. 2 under section 71(1) of the punjab municipal act, 1911. although the state government had earlier withdrawn the exemption given to the firm (respondent no. 2) yet on reconsideration it was considered necessary to extend the facilities previously given to ..... 24.10.1969 in a writ petition filed before it in which the validity of section 71(1) of the punjab municipalities act was challenged. the high court after considering the contentions advanced before it found that section 71(1) to the act was constitutionally valid but at the instance of the respondent who is merely a tax-payer held that the order passed ..... the order of the high court so far as it quashed the impugned order exemption the appellants from payment: of the octroi duty. we might mention here that even the municipality who may have been aggrieved because its income was reduced by virtue of exemption had not opposed the exemption before the high court and prayed to be added as a ..... that other manufactures of similar articles namely; indian tube company and the kalinga tube company who are well-reputed firms were also enjoying similar facilities from exemption from payment of municipal octroi. in these circumstances in exemption the appellant from octroi duty, the government exercised a sound discretion and it cannot be said that the government passed the order of exemption .....Tag this Judgment!