Court : Punjab and Haryana
Decided on : Dec-23-1993
Reported in : (1993)105PLR599
..... on the part of the members to hold co-option and thus there was no consequential right conferred on the state government to resort to section 12-d of the punjab municipal act, 1911 with a view to go-ahead with the process of nomination. earlier, a question of identical nature cropped up for consideration before the division bench in roshan lal singla v ..... petition, the question arises as to what is meant by the term 'in the event of failure to co-opt due to disturbance' used in section 12-e of the punjab municipal act, 1911. before dealing with this aspect it may be seen that the convenor of the meeting has used the word 'cancelled' while postponing the meeting. the stand of the petitioners is ..... also be seen that the convenor of the meeting is supposed to hold a meeting in accordance with the provisions as envisaged under section 25 (2) and 29 of the punjab municipal act in the matter of holding the meeting. there is no provision which may confer a power on the chairman to 'cancel' or 'adjourn' a meeting. thus, even if expression 'cancelled ..... failure of respondent no. 2 to hold the meeting will not entitle respondent no. 1 to nominate any member under section 12-d of the punjab municipal act. he further argued that there is no provisions in the act under which the meeting convened for the purpose of nominating and co-opting the members can be cancelled. the meeting called on 30th september, 1992 .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-10-1993
Reported in : [1992(65)FLR105]; (1995)ILLJ867P& H
..... respondent no. 2 was employed as peon with the petitioner- management under the terms and conditions laid down under the punjab municipal act, 1911. he filed an application under section 33c(2) of the in-dustrial disputes act (hereinafter to be referred as 'the act'), before the labour court, bhatinda, seeking special pay @ rs. 40 per month for doing some additional work and rs ..... which has been challenged in these petitions.4. admittedly, on october 20, 1976, the deputy director, local government, ferozepur, had ordered that additional allowance paid to the punjab municipal employees except revised grades given by the report of pay committee should be stopped immediately. it was observed in the aforesaid order that the payment of additional allowance was causing ..... heart-burning and had brought down efficiency. it caused division amongst the employees and the municipal committee was burdened with financial load. the respondent- workman as per orders aforesaid was not to be given additional allowance. it is in consequence of this order that ..... annexure-p-2, had necessarily to be gone into and the same could not be done in proceedings initiated by respondent-workman under section 33c(2) of the industrial disputes act. for his aforestated contention, the learned counsel relies upon the decision of the supreme court in central inland water transport corporation ltd. v. their workman 1974 (29) flr .....Tag this Judgment!
Court : Delhi
Decided on : Nov-24-1993
Reported in : 53(1994)DLT99
..... bahri, j.(1) these two writ petitions pertain to challenging the orders of the appellate authorities by virtue of which appeals filed by the petitioner under the punjab municipal act objecting to the fixation of rateable value of the property bearing no.1, aurangzeb road, new delhi, for the assessment years 1975-76 & 1976-77 ..... month and thus, by virtue of section 6a(l)(a) of the delhi rent control act, 1958 the said amount would be deemed to be the basic rent and the rateable value of the property under the punjab municipal act has to be fixed keeping in view the standard rent. i have perused the orders ..... .418.00 per month vide copy of the order annexure 'b' and in appeal the said order was affirmed by the president of the new delhi municipal committee vide copy of the order being annexure 'c' and the assessing authorities have completely ignored the said two orders. (4) a plea has been ..... whether any standard rent has been fixed under the said provisions or not could be easily known to the new delhi municipal committee because it is the president of the new delhi municipal committee which was the appellate authority under the said order who had decided the appeal fixing the rent under the said ..... what is the value of the same. the impugned orders cannot be sustained as they have completely ignored the provisions of the delhi rent control act, 1958while fixing the rateable value inasmuch as rs.418.00 per month has to be treated the basic rent in view of the aforesaid provisions for .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-09-1993
Reported in : [1992(65)FLR916]; (1993)105PLR265
..... it has been further averred that the respondent was not employed by the committee in accordance with the provisions of sections 38 and 39 of the punjab municipal act, 1911 but only by the officer incharge of the work. there is no existing job against which the workman can be reinstated. it has been further ..... court have ordered the reinstatement of persons employed on work charged basis or daily wages in the circumstances of these cases ?2. the municipal committee, mandi gobindgarh, is the petitioner in 12 of these cases. in the remaining two cases viz. civil writ petitions nos. 14442 & 14459 of 1992 ..... court through the present writ petitions. 4. in the writ petition, it has been inter alia averred that the municipal works are executed in accordance with the provisions contained in chapter xii of the municipal account code, 1930. the work can be got done either through a contractor or through the department. in ..... , the municipal committee, rajpura is the petitioner. the petitioners are aggrieved by the awards given by the labour court by which it has been held that the ..... such contract being terminated under a stipulation- in that behalf contained therein' does not amount to retrenchment as contemplated under section 2(oo) of the act. if a person is engaged for a specific period, or for the execution of a specific work and a clear stipulation is made in the contract .....Tag this Judgment!
Court : Delhi
Decided on : Oct-15-1993
Reported in : 1993IVAD(Delhi)522; 52(1993)DLT395; 1993(27)DRJ635
..... will be rendered valid. however, as it now stands, it goes beyond the rule making power specified in section 188(n) of the punjab municipal act, 1911 and is thereforee rendered ultra vires. it should be the aim of the court to read the bye-law in such a way that it ..... fixed or retained without the written permission of the secretary, new delhi municipal committee granted in accordance with the bye-laws framed by the new delhi municipal committee from time to time under section 188(n) of the punjab municipal act, 1911. provided that no such permission shall be granted by the secretary ..... -7 of 1960.(13) these bye-laws, as is evident from the notification, have been promulgated under section 188(n) of the punjab municipal act and came into effect on the expiry of six months from the date of the publication in the delhi gazette. the bye-laws were ..... advertisements are also put at sites owned by private parties.(3) under the provisions of the punjab municipal act, bye-laws relating to control and regulation of advertisements were framed by the new delhi municipal committee vide notification dated 17th september, 1960. according to the respondents bye-law no.6 ..... any wall or other property of a rly. administration. (h) advertisement which relates to any activity of the central government or the corporation or other municipalities and statutory bodies. 'explanation:- the word 'advertisement means any word, letter, model, sign, placard, notice device or representation, whether illuminated or not .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-14-1993
Reported in : 1994Supp(2)SCC547
..... kuldip singh and; s.p. bharucha, jj.1. the question for determination before the high court was whether municipal committee, abohar, had the jurisdiction to impose water tax, in the municipal area, under section 61 of the punjab municipal act, 1911 (the act). following its earlier judgment in khalsa shoe co. v. municipal committee, ambala city1, the high court answered the question in the negative and against the appellant ..... statute it is permissible to a court to take into consideration the history of the legislation. section 61 of the punjab municipal act, 1911, noticed above clearly shows that the legislature had made an express provision for the imposition of water tax. when the act was amended in the year 1923, the legislature expressly repealed this provision. in this situation, it cannot be said that ..... municipal committee, abohar.2. the municipal committee can impose various taxes enumerated under section 61 of the act. water tax has not been included .....Tag this Judgment!
Court : Delhi
Decided on : Oct-05-1993
Reported in : 1993IVAD(Delhi)217; 52(1993)DLT149; (1993)105PLR5
..... , be no dispute that the tribunal is not required to go into the ownership of the premises. a perusal of the notice dated4-1-1993 under section 195 of the punjab municipal act clearly indicates that it was given to s.n. mittal, secretary of respondent no. 1 and also to misha vadhera partner (owner) of the premises calling upon them to demolish ..... petitioner with a direction to demolish the illegal construction within 24 hours. this order was challenged by the respondent no. 1 before the appellate tribunal under section 225 of the punjab municipal act.(6) the petitioner has not been made a party in the said appeal.an application under order i rule 10 civil procedure code was moved by the petitioner before the appellate tribunal ..... in force till now.(5) further averments made in the petition are that a notice under section 195 of the punjab municipal act was issued to the petitioner as owner and to the respondent no. 1 as occupant, by the new delhi municipal committee in respect of the illegal construction with a direction to discontinue the further construction and since the respondent no. 1 ..... ) hansalaya properties, petitioner has filed this petition under article 227 of the constitution of india, thereby challenging the order dated 18/03/1993 of shri m.a. khan, appellate tribunal,municipal corporation of delhi, thereby rejecting the application of the petitioner under order i rule 10 of the code of civil procedure.(2) hansalaya properties, the petitioner is a partnership concern .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-20-1993
Reported in : (1993)104PLR718
..... and is surrounded by shops on both sides, and thus, is an independent unit of residential building respondent has not brought on record any sanctioned scheme under the punjab municipal law or punjab town improvement act in order to show that the building, of which shop in dispute forms part, cannot be used for any other purpose except residential on identical facts, i ..... appellate authority, no permission was sought from the rent controller for converting the room of residential building into non-residential one as provided by section 11 of the east punjab urban rent restriction act and, therefore, the landlord was entitled to get it vacated on the ground of personal necessity. consequently, an order of ejectment was passed against the tenant. tenant ..... buildings are 'residential'. referring to the definition of 'non-residential building' and 'residential building' as contained in clause (d) and clause (g) respectively of section 2 of the act, he contended that building, of ahich shop forms part, would remain residential building. reliance was also 'placed on a judgment of the supreme court in gulraj singh grewal v. dr ..... dispute is an independent unit and was let out for the purpose of running the business.3. faced with this situation, learned counsel for the respondent contended that under the act, the buildings are divided into two categories 'non-residential' and 'residential'. according to him, buildings used solely for the purpose of business or trade are 'non residendential and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-14-1993
Reported in : AIR1993SC2313; JT1993(4)SC233; (1994)106PLR76; 1993(3)SCALE208; (1993)4SCC69; Supp1SCR237
..... in front of the shop, owned by the appellant, in the connaught circus, new delhi, as 'public street' under section 171(4) of the punjab municipal act, 1911 (the act). the trial court answered the question in the affirmative and dismissed the suit filed by the appellant-plaintiff. the appeal against the said order was dismissed by ..... has been so put up, the owner or any one of several owners of such street or part of a street lodge objection thereto at the municipal office, the municipal committee may, by notice in writing, put up in such street, or such part, declare the same to be public street vested in the committee ..... for the public. in a situation like this it is necessary for the committee to step in and exercise its powers under section 171(4) of the act. the committee exercises regulatory control and is responsible for the repair and upkeep of the 'public streets'. the verandah in dispute is a 'street'. it has ..... a 'street', then he has no right to claim any compensation when the same property is made a 'public street' under section 171(4) of the act. the 'streets' are meant for public use. it is necessary that the 'streets' which are being used by the public are frequently repaired and are also ..... .9. we agree with the learned counsel for the appellant that before a space can be held to be a 'street' under the act, there must be .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-06-1993
Reported in : AIR1994Raj62
..... 15. in dr. h.s. rikhy v. the new delhi municipal committee, air 1962 sc 554 while interpreting the provisions of sections 18 and 47 of the punjab municipal act, 1911, whose provisions are similar to the provisions of section 80 of the act, the apex court has held that the legal significance of the ..... expression 'shall not be binding on the committee' in section 47 is that the contract, the power to enter which is given by section 18, shall not be enforceable against the municipal ..... sale deed dated 30-7-1985 (annex. r/6) executed in favour of respondent no. 2 by the municipal board under section 80(2) of the rajasthan municipalities act, 1959 (hereinafter referred to as the act), ordered for refund of the sale amount and for taking the possession of the disputed land. aggrieved by the ..... it stands firmly established that the respondent ganga singh had filed revision petition no. 7/89 under section 80(2) of the act against sag ram and the municipal board challenging the order of allotment d/-20-7-85 and the allotment letter d/-30-7-85 annex. r./6, wherein ..... allotted in favour of sag ram. it is is alleged that the said order was clearly against the provisions of the act and the rules of 1974. the then chairman, municipal board, nagaur also issued, subsequent order of allotment dated 30-7-1985 annex. r/6 in favour of respondent sag .....Tag this Judgment!