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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Sorted by: recent Year: 2004 Page 1 of about 363 results (0.096 seconds)

Dec 17 2004 (HC)

Budh Ram Vs. Municipal Committee and anr.

Court : Punjab and Haryana

Decided on : Dec-17-2004

Reported in : (2005)140PLR63

..... p-l in that behalf was accordingly issued to the petitioner. the action for re-assessment of the petitioner's property was done under section 67(1) of the punjab municipal act, 1911 (for short 'the 1911 act'). the petitioner submitted reply to the notice annexure p-l, but his property was reassessed and the assessment for the purpose of house tax was made at rs ..... support of the same in person or by authorised agent, as he may think fit.(3) notwithstanding anything contained in this act, the committee may with a view to give effect to the annual value as modified by the punjab municipal (amendment) act 11, 1994, amend the assessment list of the year commencing on the first day of april of the relevant year for ..... the assessment does not arise.6. learned counsel further submitted that a perusal of annexure p-l shows that municipal committee, mansa has sought to take action under section 67(1) of the 1911 act. according to the learned counsel, under section 67 of the 1911 act, a change in the assessment list can be made only if the property was earlier erroneously valued or ..... power bad in law. the learned counsel then submitted that as per the facts of the present case, the municipal committee has failed to discharge its burden which was cast upon it before exercising the power vested in it under the 1911 act for the assessment of rental value of the property in question for the purposes of the house-tax.7. according .....

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Dec 07 2004 (HC)

Tara Chand Vs. Municipality and anr.

Court : Punjab and Haryana

Decided on : Dec-07-2004

Reported in : AIR2005P& H128; (2005)140PLR301

..... be advantageous to juxtapose and notice the definition of annual value under section 3(1) of the punjab municipal act, 1911 (for short, 'the 1911 act') and under section 2(1) of the municipal act.punjab municipal actharyana municipal act'3. in this act, unlessthere is something repugnant in the subject or context.--'2. in this act, unlessthere is anything repugnant in the subject or context. --(1) 'annual value'means--(1) 'annual ..... to add that it is not necessary to probe further into the correctness of this decision because there is no nonobstante clause in section 3(1) of the punjab municipal act or in delhi municipal corporation act. consequently, the decision in the case of ratnaprabha (supra) would hold good and valid with the result that the very basis of the plea of the ..... and observed as under :'on the strength of this definition our attention was drawn by the learned counsel for the respondents to the non obstante clause occurring in the haryana municipal act, 1973. the language of the provisions are by and large by consonance with the decision of the supreme court in the case of ratnaprabha (air 1977 sc 308) (supra ..... state of punjab, 1990 (1) pun lr 1.4. shri c. b. goel, learned counsel for the municipal committee and shri jaswant singh, learned senior deputy advocate general supported the order of the learned single judge and argued that the annual value of the appellant's property was rightly determined keeping in view section 2(1)(a) of the municipal act. shri goel .....

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Oct 06 2004 (HC)

Vinod Paper Mills Limited Vs. the Municipal Committee and ors.

Court : Punjab and Haryana

Decided on : Oct-06-2004

Reported in : (2005)139PLR575

..... of rs. 27,000/- per annum was levied as house tax. the committee issued a notice (annexure p1) under section 67 of the punjab municipal act, 1911 (for short 'the 1911 act') whereby assessment of the annual value of the petitioner's premises was proposed to be increased to rs. 3.96 lacs for the year 1982 ..... 1976, which are in pari materia with sections 31(1)(b) and 3(1)(c) of the 1911 act, in paras 21 and 27, it was laid down as under:-para 21:- 'before leaving this aspect ..... .r. (f.b.) page 1 wherein, while interpreting the provisions of sections 93(b) and 93(c) of the punjab municipal corporation act, ..... been under valued.6. i have heard learned counsel for the parties and have perused the records as well as the relevant provisions of the 1911 act.7. the municipal committee has sought to enhance the assessment for the year 1982-83 on the ground that the annual value was under valued as under section ..... be rs. 2.52 lacs. the municipal committee has done this without first following procedure under section 3(1)(b) of the 1911 act. the action of the respondents is contrary to the full bench decision of this court, reported in banarsi dass mahajan v. the state of punjab and anr., (1990-1)97 p.l .....

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Oct 06 2004 (HC)

Partap Steel Rolling Mills (1935) Limited Vs. Municipal Corporation of ...

Court : Punjab and Haryana

Decided on : Oct-06-2004

Reported in : AIR2005P& H164; (2005)139PLR578

..... letting value basis. the municipal committee, chheharata assessed its value at rs. 75,600/- on the above basis, for the year 1976-77 after ..... (for short '1911 act'). the assessment of house-tax was made by the said committee on reasonable expected ..... municipal corporation, amritsar is a corporate body constituted under the punjab municipal corporation act, 1976 (for short 'the 1976 act'). the petitioner-company which till 12.4.1978 was situ- ated within the territorial jurisdiction of municipal committee, chheharta was being assessed on the annual value of the property upto the year 1975-76 by the said committee, under section 3(1)(b) of the punjab municipal act, 1911 ..... to rs. 84,000/- for the year 1976-77 vide order dated 25.3.1977.3. aggrieved against the order dated 25.3.1977, passed by the municipal committee, the petitioner filed appeal under section 84 of the 1911 act before the deputy commissioner, amritsar. the appeal was accepted by order dated 27.7.1978 and the case was remanded to the .....

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Oct 06 2004 (HC)

Shri Gurparshad Khanna Vs. the Municipal Corporation Through Its Commi ...

Court : Punjab and Haryana

Decided on : Oct-06-2004

Reported in : (2005)139PLR300

..... .3.1977 whereby fundamental changes in the matter of assessment of different properties had been brought about as compared to the provisions of the punjab municipal act, 1911 whereunder originally, the annual rental value of the property had been assessed at rs. 4400/- on 10.2.1977. it is also stated ..... respondent corporation. thereafter, the petitioner was served with a notice dated 8.2.1984 (annexure p1) under section 103 of the punjab municipal corporation act, 1976 (for short 'the 1976 act') by the respondent whereby assessment of the annual letting value of the property, which was previously being assessed at the annual letting ..... and 26.12.1984. the objections filed by the petitioner were rejected and the respondent by order annexure p-3 passed by the assistant commissioner, municipal corporation, amritsar on 21.2.1985 assessed the property of the petitioner at the annual letting value of rs. 21,642/-, which according to ..... 226 and 227 of the constitution of india is to the order annexurc p-3 passed on 21.12.1985 by the assistant commissioner, municipal corporation, amritsar whereby the assessment of the property of the petitioner was fixed and the order annexure p-4 dated 25.2.1986 passed ..... that the provisions of the east punjab urban rent restriction act, 1949 have no applicability to the property in question as the annual rental value of the property has to be fixed in terms of 'the 1976 act'. it was further stated that assessment of the annual rental .....

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Sep 28 2004 (HC)

Kashmiri Lal and ors. Vs. Ndmc and anr.

Court : Delhi

Decided on : Sep-28-2004

Reported in : AIR2005Delhi236

..... veranda in front, abutting the public street.15. on 12.2.1976, ndmc issued a public notice under section 171(4) of the punjab municipal act, 1911. the public notice reads as under:-'public notice(notice under section 171(4) punjab municipal act.1911)whereas the chief commissioner, delhi under notification no.f.3(5)/56-lsg dated 30.6.58 extended section 171 of the p.m ..... the public. it is contended that there is no evidence on the record to prove animus dedicandi.'27. upholding a notification under sub-section 4 of section 171 of the punjab municipal act, 1911 declaring verandas in connaught circus as a public street, vested in the committee, their lordships in para 10 of the judgment held as under:-'we see no ground to differ ..... . cleaning, paving, levelling metalling etc. by declaring the said verandahs as public street.as regards objection at (4) above, the meeting has been validly held under the provision of the punjab municipal act, 1911.the contention of the objections at (6) above is also incorrect. the road is generally flooded with the vehicles and the customers using the shops are put to a considerable ..... has proposed to declare the street in front of shops in bhagat singh market, as public street.the committee is fully authorised under the provisions of section 171 of the punjab municipal act, 1911 to declare a place which was originally meant to be used as an open space and as a thoroughfare within its jurisdiction and already maintainable by it as public street .....

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Sep 17 2004 (HC)

New Delhi Municipal Council Through Its Director (Personnel) Vs. Kaney ...

Court : Delhi

Decided on : Sep-17-2004

Reported in : 114(2004)DLT26; 2004(76)DRJ698

..... was said to be in respect of the post held by the respondent/workmen.2. the new delhi municipal committee (ndmc) was constituted by the punjab municipal act, 1911. it has been renamed and reconstituted as the new delhi municipal council by virtue of the new delhi municipal council act, 1994.3.ndmc is a compact unit providing civic services to the residents of new delhi. these ..... is maintained in respect of these employees.5.sometime in 1973, ndmc accepted the report of the third pay commissioner. another local body, namely, the municipal corporation of delhi (mcd) constituted under the delhi municipal corporation act, 1957 also accepted the report of the third pay commissioner. however, the technical staff of one of the constituents of mcd, that is, delhi electric ..... posts.20.thereafter, on 27th july, 1988 an order was passed by the assistant secretary (health) of ndmc extending the benefit of ssc pay scales to another 8 categories of municipal workers since they formed a common cadre of sweepers. these categories of employees are as follows:- (i) lorry beldars (ii) dumping ground beldars (iii) bhisties (iv) rat catchers (v ..... 16 of the report).44.the supreme court broadly noted that there are two categories of staff in ndmc - technical and non-technical. it said that non-technical staff includes municipal staff, clerks, etc. in other words, non-technical staff consists of non-ministerial employees and ministerial employees. this is also clear from the fact that when the electricity .....

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Sep 17 2004 (HC)

Chander Singh Vs. Krishna Hari Gupta (Deceased) Thr. Lrs.

Court : Delhi

Decided on : Sep-17-2004

Reported in : 114(2004)DLT424; 2004(77)DRJ202

..... and it reads as under : ''in exercise of the powers conferred by sub-section (6) of section 4 of the punjab municipal act 1911 and with reference to his notification no. f.11(40)/53-lsg dated the 5th august 1953 the chief commissioner delhi is ..... pleased to declare with immediate effect the area the boundaries of which are specified in the schedule below to be a municipality of the 2nd class under the said act. schedule north : southern boundary of new delhimunicipal committee. east : river yamuna south: southern boundaries of village okhla and bahapur thence ..... facts of this case, sub-section (1) of the delhi rent control act provides the limits to the areas to which the act would extend in the first instance. the first schedule appended to the act gives the area of the municipal corporation of delhi and it relates primarily to small areas in and around ..... before the additional rent controller as also the tribunal was that whether the premises in question fell within the jurisdiction of the delhi rent control act or not. the learned additional rent controller while noticing the objection that ''...the premises in question is situated in village khanpur and it is not ..... the walled city. it also extends the provisions of the act to the areas governed by south delhi municipal committee. vide notification no. f.11(40)/53 .....

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Aug 27 2004 (HC)

The New Picture Company Pvt. Ltd. and ors. Vs. the State of Haryana an ...

Court : Punjab and Haryana

Decided on : Aug-27-2004

Reported in : (2005)139PLR12

..... has been disclosed above, it is crystal clear that in the first instance the show tax was imposed under a perfect and valid notification (annexure p 1), issued under the punjab municipal act, 1911, which was applicable in the state of haryana also at the relevant time, about which there is no challenge on behalf of the petitioners but thereafter, the rates of show ..... of this authoritative pronouncement, the contention cannot be accepted.24. undisputedly, the provisions of sections 62 and 62-a of the punjab municipal act, 1911 (for short 'the 1911 act') are in pari materia with the provisions of sections 74 and 75 of the haryana municipal act, 1973 and it is for this reason that a comparative table highlighting the provisions of the above sections of the two ..... at the very outset that undisputedly, the khushwant cinema hose, radika cinema house and raj picture palace fall within the municipal limits of rewari. the municipal committee, rewari in exercise of its powers under sub-section (2) of section 61 of the punjab municipal act, 1911, as applicable to the state of haryana at that time, proposed to levy a tax on cinema shows etc. at ..... the petitioners has merit. undisputedly, for the first time the show tax was imposed on the petitioners at the rate of rs. 2/- per show under section 61(2) of punjab municipal act, 1911 as applicable to them at the relevant time which is equivalent to section 70(1 )(v) of 1973 .....

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Jul 15 2004 (HC)

Sarwan Masih Alias Samma, President Nagar Panchayat Vs. the State of P ...

Court : Punjab and Haryana

Decided on : Jul-15-2004

Reported in : (2005)140PLR258

..... seven members and the other by ten members. the first notice contained a request for calling an urgent meeting under section 25 of the punjab municipal act, 1911 (hereinafter referred to as 'the act') as the signatories had 'no confidence in the working of the president mr. sarwan masih, nagar panchayat, makhu'. the second notice ..... no. 7 were not co-operating and that is the reason why the agenda of the meeting was sent by the petitioner himself to all the municipal counselors. on 13.2.2003, the petitioner claims that he had addressed another, letter to the executive officer, nagar panchayat and the deputy director ..... the no confidence motion and during this period of show cause notice annexure p-12 was issued to him by the secretary to government of punjab, local government department to show cause as to why the petitioner should not be removed from the presidentship of the nagar panchayat, makhu on ..... the same through under postal certificate on 3.2.2003. an advance copy of the notice was also forwarded to the deputy director, local government, punjab, ferozepur, region ferozepur-respondent no. 3. on 6.2.2003, the petitioner wrote another letter to respondent no. 3 again informing him that pursuant ..... the bye-laws of the committee within a period of thirty days of the making of such requisition and notwithstanding anything contained in this act such meeting shall be deemed to be a validly conveyed meeting: provided that no business other than that specified in the requisition shall be .....

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