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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Sorted by: old Year: 2004 Page 1 of about 363 results (0.095 seconds)

Jan 02 2004 (HC)

Kadiam Venkata Ratnam Vs. Nidadavolu Municipality

Court : Andhra Pradesh

Decided on : Jan-02-2004

Reported in : 2004(4)ALD154; 2004(5)ALT9

..... annual rental value'.12. in devon daulat rai kapoor v. new delhi municipality, : [1980]122itr700(sc) , while dealing with the aspect of annual value and determination thereof under punjab municipality act, 1911, the apex court observed as follows:'according to the definition occurring in section 3(1)(b) of the punjab municipal act 3 of 1911 'annual value' of a building would be the gross annual rent at ..... no. 52 of 1987 on the file of subordinate judge, kowur and the said findings recorded by the court of first instance had been confirmed.9. section 87 of municipalities act, 1965 reads as hereunder:(1) every building shall be assessed together with its site and other adjacent premises occupied as an appurtenance thereto unless the owner of the building is ..... are justified in negativating the relief without properly appreciating the procedure to be followed while assessing the tax in the light of the provisions of section 87 of a.p. municipalities act, 1965? the learned counsel had drawn the attention of this court to the findings recorded by the court in the first instance and also the appellate court and had ..... half year. the rental value arrived at by the defendant is arbitrary and illegal and against the procedure prescribed under the act. hence, suit for declaration that the enhancement is illegal.'5. the respondent as defendant-nidadavole municipality had filed a written statement denying all the allegations in the plaint and had further pleaded in the written statement that the .....

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Jan 19 2004 (HC)

Satish Chand Sharma Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Jan-19-2004

Reported in : 2004(2)AWC1066; (2004)1UPLBEC684

..... ., air 1999 raj 47).12. the hon'ble apex court examined the provisions of the punjab municipal act, 1911, providing for the procedure of removal of the president of the municipal council on similar grounds in tarlochan dev sharma v. state of punjab and ors., (2001) 6 scc 260. the court held that removal of an elected ..... the petitioner had broken the law to the detriment of the municipal committee on one or two occasions, it cannot be said that he had 'flagrantly abused his ..... scandalous manner.23. in joginder singh v. state of punjab, air 1963 punj 280, the punjab high court held as under :'the expression 'flagrantly abuses his position, as a member of the committee' used in section 16 (1) (e) of the punjab municipal act 3 of 1911, cannot be said to carry the implication that even if ..... that a member abuses his position as a member of the board if, while he is a member, he contravenes any of the provisions of the municipalities act or the bye-laws made thereunder. we are unable to accept this view, but, even if it be correct, the conduct of the appellant is ..... , 1957 alj 885. it was pointed out in that case that the two conditions precedent for taking action under section 40 (3) of the municipalities act were that the conduct of the member to which exception was taken must be conduct in his capacity as a member and that the conduct should be .....

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Jan 28 2004 (HC)

Mohan Singh Vs. the Municipal Committee and anr.

Court : Punjab and Haryana

Decided on : Jan-28-2004

Reported in : (2004)137PLR587

..... (civil) sangrur, exercising the powers of the appellate authority under section 84 of the punjab municipal act, 1911 (for short, the act).2. the petitioner owns shop measuring 20 square yards and property bearing no. b-1/164 situated within the municipal limits of sangrur. according to him, the annual rental value of the property was ..... month from the date of service at which the amendment is to be made.'7. a reading of the provision reproduced above shows that the municipality can, amend the amendment list at any time by inserting the name of any person whose name had been omitted earlier or by inserting any ..... or the assessee or there is a change in the tenancy. to put it differently, the municipality can revise the assessment list in either of the contingencies specified, in section 67(1) of the act and not otherwise.8. a perusal of the impugned orders shows that neither the house tax sub ..... committee nor the appellate authority directed its attention to the requirement of section 67(1) of the act. the house tax sub committee did not even advert to the objections raised by the petitioner to the proposed revision of assessment. the appellate authority ..... the objections contained in annexure p2 and the appellate authority ignored the plea taken by him that the provision of section 67(1) of the act was not applicable to his case.4. the respondents have not filed written statement to controvert the averments contained in the writ petition.5. i .....

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Feb 25 2004 (HC)

Shivamrut Dudh Utpadak Sahakari Sangh (Through Its Chairman Mr. Rajsin ...

Court : Mumbai

Decided on : Feb-25-2004

Reported in : 2004(2)ALLMR297; 2004(5)BomCR165; 2004(3)MhLj668

..... the society back to its elected authorities and office-bearers. there was, therefore, no option but to hold the act ultra vires.28. in state of punjab and ors. v. bhajan singh and anr., : [2001]2scr149 , interpreting the provisions of the punjab municipal act, 1911 and punjab state election act, 1994, the apex court held that election process could not be scuttled. the court stated:'election process was ..... scuttled and the democratic values throttled by a bureaucrat who happened to be the principal secretary of the local government department (hereinafter referred to as 'the said secretary') of the state of punjab at the relevant ..... representative of the people to perform his duties firstly as member and then as the president of the municipality, obviously to oblige his political opponents who incidentally happened to belong to the ruling parties (shiromani akali dal and bjp ) in the state of punjab. inaction attributable to the said secretary in performance of his statutory obligations and instead ill- action taken by .....

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Apr 08 2004 (SC)

Nanha Ram and ors. Vs. Chandigarh Administration and ors.

Court : Supreme Court of India

Decided on : Apr-08-2004

Reported in : JT2004(5)SC344; (2004)138PLR503; 2004(4)SCALE333; (2004)9SCC749; (2004)3UPLBEC2255

..... writ petitions were dismissed by a division bench relying upon two earlier decisions rendered in similar writ petitions.3. in exercise of powers conferred by sections 188 and 199 of punjab municipal act, 1911, the chandigarh administration has framed bye-laws known as chandigarh hand cart (control & regulation) bye-laws, 1976. bye-law no. 8 provides that no person shall use a handcart contrary ..... .p. mathur, j. 1. these petitions by special leave have been preferred against the judgment and order dated 22.4.2002 of a division bench of the high court of punjab and haryana.2. the petitioners are carrying on business of selling fruits and vegetables on their 'rehries' (hand carts) in the grain market in sector 26 in the city of .....

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Apr 28 2004 (SC)

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

Court : Supreme Court of India

Decided on : Apr-28-2004

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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Apr 28 2004 (HC)

Raghbir Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Apr-28-2004

Reported in : (2004)137PLR495

..... nature of mandamus commanding respondent nos. 1 to 3 to initiate proceedings under sections 16, 172, 172-a, 189 and 195 of the punjab municipal act, 1911 (hereinafter referred to as 'the act'), against respondent no. 4 a former president of municipal committee, sunam, for having made alleged encroachment upon the government land and for constructing his house in violation of the site plan, got sanctioned ..... requisite compensation and may be regularised the same provided that such regularisation does not contravene the proposed building scheme, if any, drawn up under section 192 of the act;iv) if the municipality is of the view that the construction raised by respondent no. 4 cannot be regularised and the same is required to be demolished or altered wholly or partly, ..... bearding house as government school has been opened in the rural area; the aforementioned property was in possession of the pwd government of punjab and is still shown as a government property at serial no. 367 in the municipal records for the year 1986-87; that the building of the boarding house was in a dilapidated condition and its debris was removed ..... dared not take any action. the facts speak for themselves. the manner in which the complaint under sections 172, 195 and 221 of the act, was filed against respondent no. 4 through the building clerk of the municipality instead of executing officer himself and was subsequently withdrawn vide order dated april 22, 1998 (annexure p9) is a clear indication of the .....

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Apr 28 2004 (HC)

Municipal Committee Vs. Shamsher Singh

Court : Punjab and Haryana

Decided on : Apr-28-2004

Reported in : (2004)138PLR421

..... municipal committee.4. the sub-judge, 1st class, dhuri, vide judgment dated 29.7.1982 held that the order ..... was contended that the plaintiff shankar singh was the karta of the h.u.f. and assuch the municipal committee was within its jurisdiction to realise the house tax fromthe plaintiff. it was further contended that the municipal committee could not be suedwithout giving notice under section 49 of the punjab municipal act, the plaintiff couldhave filed an appeal against the orders passed by the ..... by the plaintiff on the ground that the civil court had no jurisdiction to decidethe case as the plaintiff should have availed of the remedies available to him under thepunjab municipal act.5. the plaintiff-respondent filed an appeal against the judgment of the trial courtand the learned additional district judge, sangrur, vide his judgment dated 24.2.1984set aside the ..... against the judgment dated 24.2.1984 passed by the additional district judge, sangrur, whereby the suit filed by shankar singh was decreed and it was held that the municipal committee cannot recover arrears of house tax from the plaintiff on the ground that the assessment was not in accordance with law and further that he was not the owner .....

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May 07 2004 (HC)

Suresh Kumar Bhaiya Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : May-07-2004

Reported in : (2004)138PLR44

..... the order dated 15.4.2004, annexure p9 to the writ petition, being in complete contradiction of the prescribed procedure and section 22 of the punjab municipal act, 1911.2. the principal grievance of the petitioner is that resolution of no confidence motion passed against the petitioner dated 31.3.2004 was under duress ..... deputy commissioner will not only proceed in accordance with law but also requires higher authority to issue circular to all the municipal councils in the state of punjab providing guide-lines and awareness in relation to the conduct of the democratic system at the gross root level.writ petition stands ..... of action proposed to be adopted on the next date of hearing.counsel for the caveator submits that reply is adopted on behalf of 12 municipal councillors, whose power of attorneys he has filed in court today.adjourned to 6.5.2004.'as for as the question of validity of ..... , coercive and result of undue influence exercised by private respondent-parmod kumar-caveator. the petitioner was supported by the affidavits of the four municipal councillors, namely, dharampal, swaran singh, hardip kaur and gurdev kaur, besides by the affidavit of the petitioner himself. according to them, they had ..... two-other deponents, namely smt. gurdev kaur and smt. kardeep kaur are not present in court. let the executive officer of the municipal council, rampura phool inform these deponents to be present in court and submit their reply to the show cause notice.we may notice that 14 .....

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May 19 2004 (HC)

Tanvi Trading and Credit Pvt. Ltd. and ors. Vs. New Delhi Municipal Co ...

Court : Delhi

Decided on : May-19-2004

Reported in : 112(2004)DLT1

..... guidelines issued in letter dated 8.2.88 were not binding on the respondent council as there was no provision in the punjab municipal act, 1911 analogous to section 235 of the act as when the aforesaid guidelines were issued the provisions of punjab municipal act; 1911 were applicable to the area falling under the jurisdiction of ndmc. moreover as noted above the said guidelines were interim in nature ..... the appellate authority has taken into consideration the said division bench judgment of this court which was prior to coming into force of ndmc act, 1944 when punjab municipal act, 1911 was in force. after the new delhi municipal council act 1994 having come into force and master plan, 2001 having coming into force unified building bye-laws occupy the field, the reliance placed by the lt ..... my mind are not binding on the respondent council as those guidelines were issued in 1988 when punjab municipal act, 1911 was applicable to the areas of n.d.m.c. and there was no analogous provisions in the punjab municipal act to the provisions of section 235 of the act. the impugned order of rejection does not indicate that any other guidelines were received from the ministry .....

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