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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Sorted by: old Year: 2013 Page 1 of about 800 results (0.111 seconds)

Jan 24 2013 (HC)

Present: Mr.Akshay JaIn Advocate Vs. Nagar Panchayat Cheema

Court : Punjab and Haryana

Decided on : Jan-24-2013

..... without getting a site plan sanctioned by the accused. notice was issued to the accused on 20.09.2004 under sections 195, 195-a of the punjab municipal act,1911 to stop further construction. however, the accused had crl. misc. m no.9311 of 2010 (o&m) 2 failed to comply with the said ..... in question from the illegal encroachers.accordingly, this petition is allowed. complaint no.10 of 06.04.2005 (annexure p1) titled as nagar panchayat cheema versus punjab wakf board and another . and all subsequent proceedings arising therefrom including summoning order 06.04.2005 (annexure p4) are quashed. (sabina) judge january 24, ..... of the code of criminal procedure, 1973 seeking quashing of the complaint no.10 of 06.04.2005 (annexure p1) titled as nagar panchayat cheema versus punjab wakf board and another . and the summoning order dated 06.04.2005 (annexure p4) along with all subsequent proceedings arising therefrom. the case of ..... or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice. in the present case, admittedly, punjab wakf board is owner of the property in dispute. so far as the said board is concerned, it ..... against the accused. (6)where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is specific provision in the .....

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Jan 25 2013 (HC)

Present: Mr.K.L.Goyal Senior Advocate with Vs. Krbl Limited Petitioner

Court : Punjab and Haryana

Decided on : Jan-25-2013

..... any kind, and includes nursing homes, hospitals, universities and colleges of all kinds situated outside the municipal area. 30) the phrase municipal area as defined in section 2 (g) includes the territorial area of a municipality specified or notified by the state government under the punjab municipal act, 1911 or the punjab municipal corporation act, 1976, as the case may be. 31) a conjoined reading of the relevant provisions can ..... , hospitals, universities and colleges (including technical, vocational, professional and medical).situated outside the municipal area; (g) municipal area means the territorial area of a municipality, specified or notified by the state government under the punjab municipal act, 1911 or the punjab municipal corporation act, 1976, as the case may be . 7) the charging section of the 2011 act, namely, section 3 is the central pole of debate and it reads as ..... follows: 3. (1) subject the provisions of this act, there shall be levied a tax on the .....

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Feb 18 2013 (HC)

Date of Decision: 18.02.2013 Vs. State of Punjab and Others ….Respon ...

Court : Punjab and Haryana

Decided on : Feb-18-2013

..... . therefore, the notification dated 17.05.2005 is legal and valid, so as to modify the rate of advertisement tax. before we proceed further, the relevant statutory provisions from the punjab municipal act, 1911 need to be extracted. the same is as under: 61. taxes which may be imposed - xx xx (2) save as provided in the foregoing clause, with the previous sanction of ..... in exercise of powers conferred under sub- section (2) of section 62(a) of the punjab municipal act, 1911, the governot of punjab is pleased to direct the municipal councils of class-ii and iii and nagar panchayats to charge the modified rates of advertisement tax as per detail given below: xxx xxx xxx . in ..... the notifications read as under: no.14/80/2005-1lg1/6798 in exercise of powers conferred under sub- section (2) of section 62(a) of the punjab municipal act, 1911, the governot of punjab is pleased to direct the municipal councils of class-i to charge the modified rates of advertisement tax as per detail given below: xxx xxx xxx . no.14/80/2005-1lg1/6804 ..... basis of mere draft bye- laws. in reply on behalf of the state of punjab, it was averred that under section 62-a of the punjab municipal act, 1911 (for short the act ).the state government is empowered to issue direction to impose any tax by a municipality and in case such municipality fails to carry out any order, the state government is empowered to impose or modify .....

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Mar 11 2013 (HC)

Ludhiana District Cooperative Milk Vs. Vs.

Court : Punjab and Haryana

Decided on : Mar-11-2013

..... judgment in m/s niranjan dass's case (supra).was dealing with a situation where the state government has imposed tax without issuing any direction to the municipal committee constituted under the punjab municipal act, 1911 to impose tax. it was in these circumstances, this court has struck down the levy as the state government could not proceed to levy tax without ..... issuing a direction to the municipal committee to impose tax. the relevant extract from the judgment reads as under: - 6. having given our thoughtful consideration to the ..... rates may be doubled. learned counsel for the petitioner vehemently argued that the state government has imposed tax without following the proper procedure prescribed under the punjab municipal corporation act, 1976 (for short the 'act').therefore, the levy is illegal. reliance is placed upon a division bench judgment of this court reported as m/s niranjan dass doomr.rice and ..... 1993 and in exercise of the powers conferred by section 90 of the punjab municipal corporation act, 1976 (punjab act 42 of 1986) and all other powers enabling him in this behalf, the governot of punjab is pleased to direct all the municipal corporations in the state of -2- punjab to charging tariff with immediate effect from industrial/commercial and institutional consumers who have .....

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Mar 15 2013 (HC)

Gurvinder Singh Lalli Vs. the State of Punjab and Others

Court : Punjab and Haryana

Decided on : Mar-15-2013

..... after the notice of motion having been issued, a show cause notice dated 25.1.2013 (annexure r-1) under section 22 of the punjab municipal act, 1911 ('the act' for short).has been issued against respondent civil writ petition no.22239 of 2012 (o&m) 3 no.3. learned counsel for respondent ..... is being taken against him and he continues to act as a president of the municipal council. notice of motion for 18.12.2012. on the asking of court. ms.anu pal, aag, haryana accepts notice on ..... , while issuing of notice of motion, this court has passed the following order. contends that respondent no.3, who is the president of the municipal committee, khanna, stands convicted for various offences. besides, he is also charge- sheeted for offence under sections 302/307 ipc etc.still, no action ..... for the petitioner. in view of the above joint statement made by learned counsel for the parties, the principal secretary, local government department, punjab-respondent no.1, is directed to look into the matter, consider the grievance of the petitioner and after granting due opportunity of being heard ..... no.3 submits that respondent no.3 has also filed his reply to the show cause notice. in this view of the matter, a final decision is to be taken by the secretary, department of local government, punjab .....

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Apr 01 2013 (HC)

Jatinder Kalyan S/O Late Sh. Sham Lal R/O Ward No. 20 Balmiki Vs. Stat ...

Court : Punjab and Haryana

Decided on : Apr-01-2013

..... behalf of the petitioner have not been denied by the respondents. referring to sections 20, 24, 25, 26 and 27, besides, placing heavy reliance on section 28 of the punjab municipal act 1911 ('the act' for short).learned counsel for the petitioner submits that the impugned order dated 06.08.2012 (annexure p-7) was without jurisdiction. the quorum of the meeting was complete, the ..... , he prays for setting aside the impugned order by allowing the instant writ petition. per contra, learned counsel for the state submits that in view of rule 3 of the punjab municipal (president and vice-president elections rules 1994) only the deputy commissioner or any other officer authorised by him in this behalf, was competent to convene the meeting. since the meeting ..... writ petition. notice of motion was issued vide order dated 22.08.2012 passed by this court and the same reads as under. refers to section 28 of the punjab mu8nicipal act, 1911 to contend that meeting could not be postponed, which was fixed and the members present could elect the chairman to preside over the meeting and pass a resolution for which ..... law?. in kala ram' s case (supra) a division bench has categorically held that the district magistrate has no power under any provision in the municipal act to postpone the meeting of the members of the municipal committee .we are in respectful agreement with the view expressed by the bench. even otherwise the power civil writ petition no.16165 o 11. of the .....

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Apr 25 2013 (TRI)

Satpal Singh and Others Vs. Municipal Council Gardhiwala Through Its E ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : Apr-25-2013

..... if responsible bodies are responsive to duties. cappilletti holds good for indian when he observes. ? 21. the provisions of section 154 and 168 of the punjab municipality act, 1911 also indicate legal obligation cast on the municipality/municipal committee. section 154 reads as follows: ?? section 154. removal and deposit of offensive matters. the committee may fix places within or, with the approval ..... flimsy grounds, like absence of fund or absence of land for relocation of ??hada rori ? . the respondents have failed to implement municipal solid wastes (management and handling) rules, 2000 and discharge their duties under the punjab municipal act, 1911. 24. so also, the respondents have failed to ensure that fundamental right available to the citizens of the township in the matter of ..... around the place of ??hada rori ? is enhanced and has reached to the extent of intolerable level. though, provisions under section 154 and section 168 of the punjab municipality act, 1911 cast duty on the municipal council to remove and dump the remains of dead animals to a proper place and ensure cleanliness in the township, yet ..... medical wastes; ? the carcasses and remains of dead animals are, thus, a part of municipal solid wastes which are to be handled and managed as per the municipal solid wastes (management and handling) rules, 2000. the provision of sections 154 and 168 of the punjab municipal act, 1911 refers to site selection and collection of dead animals. that, however, does not specify .....

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Apr 29 2013 (HC)

Present : Mr. N. P. S. Mann Advocate Vs. Krishan Chand .... Petitioner

Court : Punjab and Haryana

Decided on : Apr-29-2013

..... criminal complaint no.98 dated 11.09.2008 (annexure p-4).instituted by respondent no.2 nagar council under sections 195-a (2) of the punjab municipal act, 1911 (in short the act).along with all consequential proceedings arising therefrom. crl. misc. not m-9072 o 2. according to the impugned criminal complaint, the petitioner, who is ..... be served on the owner and on failure to comply with the notice, the owner is punishable with fine under section 195-a (2) of the act, but the petitioner, as principal of the school, is admittedly not owner of the school building, and therefore, the petitioner cannot be prosecuted for the ..... principal of s.d.senior secondary school, barnala, without necessary sanction of building plan, as required by section 189 (1) of the act, commenced construction of more building in the school premises and failed to stop the same in spite of service of notice (annexure p-2) and thereby committed ..... ...respondents coram : hon'ble mr.justice l.n.mittal * * * present : mr.n.p.s.mann, advocate for the petitioner. mr.mikhail kad, aag, punjab for respondent no.1 state. mr.sandeep khunger, advocate for respondents no.2 and 3. * * * l.n.mittal, j. (oral) : accused krishan chand ..... principal, is not owner of the building in question. consequently, in view of unambiguous provision of section 195-a (1) of the act, requiring the notice to be served on owner of the building, the petitioner cannot be prosecuted for alleged offence under section 195-a (2) of the .....

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May 10 2013 (HC)

***** Vs. State of Punjab and Others

Court : Punjab and Haryana

Decided on : May-10-2013

..... that the department of local cwp no.9826 of 2013 -2- government issued a notification on 15.4.2013, in exercise of power under section 4 (1) of the punjab municipal act, 1911 (for short the 1911 act ).declaring the area of gram panchayat, nadala, tehsil bholath, district kapurthala as nagar panchayat and also called for objections to be submitted to the principal secretary, government of ..... part of territorial constituency of the panchayat samiti, nadala as notified under section 100 of the act on 5.4.2013 but later on by notification dated 15.4.2013 issued under section 4(1) of the 1911 act, it was decided by the department of local government, punjab to declare it as nagar panchayat and for that matter, the description of the area ..... was given in the schedule of boundaries. we have carefully read section 4(1) of the 1911 act and have failed to find out any provision of objections ..... punjab, department of local government, within 30 days from the date of publication of the notification. he further submitted that some of the petitioners had even furnished objections which have not .....

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May 14 2013 (HC)

Present : Mr. Ashwani Kumar Chopra Sr. Advocate with Vs. State of Punj ...

Court : Punjab and Haryana

Decided on : May-14-2013

..... 99 years, at the rate of `10/- per annum, was suspended. the said order was passed in exercise of powers under section 232 of the punjab municipal act, 1911 (in short 'the act'). the said provision of the act reads as under :- 232. powers to suspend any resolution or order of committee. the [----]. deputy commissioner may, by order in writing, suspend the execution ..... 4. the trouble started when the sub-divisional officer (civil) suspended resolution no.371 on 03.10.1980, which was confirmed under section 235 of the punjab municipal act, 1911, by the state government. the municipal committee again passed a resolution on 01.06.1981 to request the director (exercising powers of government), and the deputy commissioner, that resolution no.371 be ..... instructions on the subject, municipal committees have been making gross misuse of these lands, lands which can be commercially ..... have also been vested in the concerned municipal committee and government have also vested nazul land, within the municipal limits, in the different lpa no.572 of 2012 & lpa no.743 o 7. municipal committees, under section 56(f) of the punjab municipal act, 1911.3. no rules have, however, been framed for leasing out of such municipal properties and in the absence of detailed .....

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