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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Sorted by: old Page 1 of about 36,464 results (0.291 seconds)

Dec 04 1919 (PC)

Nawab Bahadur Muhammad Rustam Ali Khan Vs. the Municipal Committee of ...

Court : Mumbai

Reported in : (1920)22BOMLR563

..... the absence of those who in the ordinary course would defend it. this has added to the difficulties of the case.4. by section 3, sub-section 13, of the punjab municipal act, 1911, ' street' is defined to mean-any road, footway, square, court, alley or passage, accessible whether permanently or temporarily, to the public, whether a throughfare or not.5. and by the ..... recently constructed a metalled road through the ganj on the plea that the area over which the road was laid was a ' public street ' under the municipal act as above quoted.7. the ganj is built in a form of a katra or rectangular close, to which entrance is obtained by four gates. one of these gates was ..... valuable, to the tenants of the shops, and these tenants not only paid rent for the shops, but paid dues for the use of the courtyard.8. the municipality have under their act the ordinary powers of draining, cleaning and lighting. prior to the operations complained of they never exercised any of such powers over the ground in issue. they never drained ..... a right of way ; or(ii) heretofore levelled, paved, metalled, channelled, sewered, or repaired out of the municipal or other public funds ; or (iii) which, under the provisions of section 171, is declared by the municipality to be, or under any other provisions of this act becomes a public street.6. on one outstanding fact of the case there would appear to be .....

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Jul 25 1950 (HC)

Brahma Saroop Sharma Vs. Municipal Committee, Delhi

Court : Punjab and Haryana

Reported in : AIR1954P& H236

..... he rebuilt the structure that had so collapsed.as i have pointed out above, me question whether this act of rebuilding should be considered to be re-erection within the meaning of the municipal act or mere repairs is a question of very considerable difficulty. during the course of the arguments it was ..... restraining the committee from demolishing the above mentioned structures alleging that the notices issued to him ware 'ultra vires' and illegal and that the act or the municipal committee in deciding to demolish his structures was capricious and 'mala fide'. the trial judge decreed the suit but the learned senior sub- ..... suggested that it was yet open to the municipal committee to com-pound this matter by accepting compensation from the appellant ..... , the building erected in place whereof is the subject-matter of the present dispute, had fallen down. after some report ings and some proceedings, the municipal committee decided to issue a notice to call upon the appellant to demolish a room and a verandah in the lower story, a room, a 'saiban ..... . this second appeal raises a question of some-difficulty. it appears that on 10-8-1942, the appellant submitted an application to the municipal committee of delhi for permission to effect certain repairs in his house and for setting the roof right. on 19-8-1942 he was .....

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May 07 1951 (HC)

The Municipal Committee, Ludhiana Vs. Siri Krishan Raghu Nandan Lal

Court : Punjab and Haryana

Reported in : AIR1952P& H378

..... was the finding, the question arises as to whether a civil court has jurisdiction to entertain a suit of this kind. mr. mital has relied upon section 86 of the punjab municipal act and submits that this section excludes the jurisdiction of the civil courts from entertaining sujts of this kind. section 86 is as follows : '(1) no objection shall be taken to ..... he gave a receipt exhibit p. 2, in which he mentioned the circumstances under which the tax was paid. 3. on the same day the firm applied for refund, the municipal committee after making an inquiry dismissed the application for refund and rejected the prayer. on the 6th of february 1950, a suit was brought by the alleged importers for the ..... all 760, but in my opinion neither of these cases apply. it has been held by the lahore high court in 'municipal committee, montgomery v. sant singh', ilr (1940 ..... other authority than is provided in this act.' the submission is that this was a tax under this act and therefore the civil court had no jurisdiction to try the case. reliance is placed by mr. mital on 'municipal committee, ambala v. mohander singh', 38 pun re 1911, and on a judgment of; the allahabad high court, 'municipal board, benares v. krishna & co.', air 1935 .....

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Sep 12 1951 (HC)

Raj Krishan Vs. Chief Commissioner, Delhi and anr.

Court : Punjab and Haryana

Reported in : AIR1952P& H176

..... 22nd ofnovember 1949 'shri' raj krishan instituted civil suit no. 1058 of 1949 for injunction that pursuant to notice under sections 172, 195 and 220 of the punjab municipal act, 1911, hereinafter referred to as the act, the municipal committee, delhi, should not demolish the buildings or structures belonging to him. that suit failed and was dismissed with costs on the 11th of april 1951.3 ..... this letter in writing the circumstances under which it was done and also show cause why action should not be taken against you under section 16 (1) (e) of the punjab municipal act, 1911. 1. a wall measuring 11' 8' x 10' 9' has been built along with the unauthorised garage at kothi no. 1 darya ganj, delhi, without proper permission and against the ..... :'13. in para. 13 it is only admitted that this respondent did not issue any notice to petitioner to take action against the petitioner under section 16 (1) of the punjab municipal act. proper notices however were issued by the deputy commissioner, delhi, which to the best of my belief fulfil the requirements of law.'9. in no part of the written statement ..... was seized of the case or there was any proposal before the state government that shri raj krishan should be removed from the membership of the municipal committee. the proviso to section 16 (1) of the act reads: 'provided that before the state government notifies the removal of a member under this section 'the reasons for his proposed removal shall be communicated .....

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Sep 17 1952 (HC)

Dr. Mukand Lal Vs. the Municipal Committee, Simla

Court : Punjab and Haryana

Reported in : AIR1953P& H88

..... employ a suitable and competent doctor on a three years contract basis with option to renew the contract to either side.we hereby, under section 25(2) of the punjab municipal act, 1911, punjab act iii of 1911, as modified up to 1948, give this requisition for holding a special meeting of the committee at your earliest to discuss the motion.'resolved that (a) under section 45 ..... of the punjab municipal act, 1911, the services of dr. mukand lal, deputy superintendent, ripon hospital, simla, be terminated forthwith and he be paid a month's wages in lieu of a month's notice and ..... the complaint of miss abraham about the misconduct of the applicant was not proved.4. on 31-7-1952, six members of the simla municipality made a requisition under section 25(2) punjab municipal act, 1911, hereinafter referred to as the act, requiring the president of the committee to convene a special meeting of the committee to discuss the following resolution : 'resolved that (a) under section ..... 45 of the punjab municipal act, 1911, the services of dr. mu- kand lal, deputy superintendent, riponhospital, simla, be terminated forthwith and he be paid a month's wages in lieu of amonth's notice and the .....

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Jun 02 1953 (HC)

Administration Municipal Committee, Rohtak Vs. Milap Chand Lurinda Ram

Court : Punjab and Haryana

Reported in : AIR1953P& H260

..... have come up in appeal to this court.4. the sole question in this appeal is what is the true interpretation to be put on section 173 (1) and (21, punjab municipal act. the section provides:'173 (1) the committee may grant permission in writing, on such conditions as it may deem fit for the safety or convenience of persons passing by, or ..... would therefore hold that the learned judge was in error in construing the section in such a manner as to preclude tlie municipal committee from taking action in a summary way and thus achieving the object of the punjab municipal act which is to keep public highway free from all obstructions even though either through ignorance or greed it permitted encroachment to be made ..... was a part of the public highway. the condition was that the plaintiff would pay rs. 5/- per mensem. the municipal committtee gave this permission under section 173, punjab municipal act and they under the same section withdrew the permission and gave notice asking the plaintiff to remove the stall as it had caused obstruction to the public highway. (3) the ..... plaintiff then instituted a suit for permanent injunction restraining the municipal committee from removing the stall alleging that it did not cause any obstruction to .....

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Dec 08 1953 (HC)

Ram Nath Diwanchand Vs. Delhi Municipal Committee and ors.

Court : Punjab and Haryana

Reported in : AIR1954P& H143

..... is described as an offensive trade is entirely within the discretion of the committee. the granting of these licences is covered by section 121, punjab municipal act as extended to delhi and sub-section 2 reads: 'the licence shall not be withheld unless the committee consider that the business which it ..... licence is altogether unwarranted and appears to involve unfair discrimination. i accordingly accept the petition to the extent of issuing an order directing the municipal committee to r'new the petitioner's licence for the day time working of his press. i decline to make any order prohibiting the ..... attitude adopted by the authorities towards the present petitioner is not calculated to inspire confidence. the bye-laws provide that any person can inspect municipal records other than those marked confidential, and the file itself, as well as a copy appended to his petition by the petitioner, show that ..... and complaints had been received. it was contended that the question of the revoking of the licence was discretionary and that the action of the municipal committee in this case was 'bona fide'. 4. there are thus two separate aspects of the case, the consideration which arise regarding the ..... diesel engine, had been revoked. he claims that his fundamental rights have been infringed and seeks orders from this court not only compelling the municipal committee to renew both his licences, but also to refrain from prosecuting him for running his press without a licence and to withdraw any .....

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Dec 14 1953 (HC)

Municipal Committee, Delhi Vs. Janki Das Jagan Nath

Court : Punjab and Haryana

Reported in : AIR1954P& H173

..... or re-roofing of a building falls within the ambit of the expression 'erect or re-erect' appearing in section 195, punjab municipal act, 1911.2. on 22-9-1949 the municipal committee of delhi issued a notice to the plaintiff under section 195, punjab municipal act, 1911, requiring him to remove a roof which had been constructed without the permission of the committee. on 22-11-1949 the ..... plaintiff brought an action for the issue of an injunction restraining the municipal committee from demolishing the roof. the trial court found in favour of the plaintiff and the ..... two occasions by the high court at lahore and on both the occasions it was held that a person can re-roof a structure without contravening the provisions of the punjab municipal act. in view of the principle of stare decisis it is undesirable that a question which has been considered and decided should be reopened and reagi-tated particularly when the interpretation ..... .3. it is common ground that the plaintiff removed the tin roof of a 'barsati' and replaced it by a roof made of cement. section 195 of the act of 1911 empowers a municipal committee to issue notice to the owner requiring him to demolish the building if it is satisfied that the building has been erected or re-erected without the sanction .....

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Jul 13 1954 (HC)

Prem Prakash Dixit Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1954P& H255

..... , of this appointment, and in paragraph 4 it was stated as follows:'4. the services of shri p. p. dixit shall be treated as terminated under section 45 of the punjab municipal act, 1911, with effect from the date shri ram nath assumes charge and he shall draw one month's pay in lieu of the notice.'3. the question to be decided is ..... the government can call upon the person in charge of the funds to pay the expenses to government.by section 8 the provisions of this act override the provisions of the punjab district boards act, the punjab municipal act, or other similar acts dealing with small towns.5. for the government it was submitted that this is not a civil post to which article 309 of the ..... removal from service is contrary to the provisions of article 311 of the constitution of india.2. on 29-12-1947 the punjab government suspended under section 4 of the east punjab local authorities (restriction of functions) act, act 9 of 1947, the municipal water works department of muktsar. by a notification dated 29-4-1949 the petitioner was appointed to discharge the functions of ..... case.7. prem prakash dixit was appointed to perform certain functions of which the municipal committee had been deprived, and as i read section 4 of the act the functions had been taken over by the punjab government who had appointed the petitioner to discharge the functions pertaining to the municipal water works department. no doubt, the water works department continued to belong to .....

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Oct 04 1954 (HC)

Ram Piara Vs. Municipal Committee, Hoshiarpur

Court : Punjab and Haryana

Reported in : AIR1955P& H125

..... to the contrary, the services of dr. shiv charan das sud part-time medical officer of health and shr! ram piara head clerk should be dispensed with under section 45, punjab municipal act, 1911, after giving one month's notice or one month's pay in lieu thereof; without assigning any cause. the action taken by the committee may be intimated to government at ..... government be complied with. in compliance with the orders of the government the services of dr. shiv charan das sud part-time municipal medical officer of health and shri ram piara head clerk be dispensed with under section 45, punjab municipal act, 1911, after giving one month's pay in lieu of one month's notice.'5. on 17-3-1953 the petitioner presented the ..... provisions of law which have a bearing on the point which has been placed before us for determination.section 39 of the punjab municipal act provides that subject to the provisions of the act and the rules and bye-laws made thereunder, a municipal committee is at liberty to suspend, remove, dismiss or otherwise punish any officer or servant appointed by it.section 41 enacts ..... order1. this petition raises the question whether the power of removal conferred on the provincial government by section 41, punjab municipal act, can be exercised in respect of an officer or servant of a municipal committee without affording such officer or servant an opportunity of being heard. section 41 is in the following terms :'41. if in the opinion of the provincial government any officer .....

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