Court : Punjab and Haryana
Decided on : Jan-13-1966
Reported in : AIR1967P& H430
..... to perform and has persistently made default in the performance of duties imposed on it by or under the punjab municipal act, 1911--now, therefore, in exercise of the powers conferred by section 238 of the aforesaid act, the governor of punjab hereby directs that the said municipal committee of kharar in the ambala district shall be superseded with immediate effect and directs that all powers and ..... , kharar * * * is incompetent to perform and has persistently made defaults in the performance of duties imposed on it by or under the punjab municipal act 1911.' i am wholly unable to accede to this contention. the reasons required as a condition precedent by section 238 to be stated in a valid notification superseding a committee, in ..... given in the government notification dated 19th june, 1965. it was specifically mentioned in the said notification that the municipal committee, kharar was incompetent to perform and had persistently made default in the performance of duties imposed on it by or under the punjab municipal act, 1911,' 16. in the writ petition originally filed in this court on june 22, 1965 the minister, for local ..... bodies and the irrigation minister of the punjab government had been impleaded as respondents nos. 2 and 3. at the time of admitting the .....Tag this Judgment!
Court : Delhi
Decided on : Dec-13-1966
Reported in : AIR1967Delhi24
..... buth the courts below that the point was raised and decided there on the basis of the description given in the report and the ntoice under section 195 of the punjab municipal act. in these circumstances, i do nto feel inclined to accept mr. bishamber dayal's suggestion. 7. mr. bishamber dayal then pointed out that the verandas in the connaught place have ..... attention to paragraph 5 of the plaint and said that the plaintiff's main grievance was about the bar of limitation in issuing the ntoice under section 195 of the punjab municipal act and the question whether the almirahs were 'building' or nto had nto been raised in the plaint and should nto have been permitted to be agitated by the courts below ..... pure finding of the fact being based on evidence, it is nto open to me to review the same. i consequently hold that the ntoice under section 195 of the punjab municipal act was within time. two toher contentions raised by the plaintiff before the lower appellate court were: 1 the almirahs did nto fall within the definition of the word `building' in ..... the puce walls in the verandah of block `a' ... ' on 18th december, 1966, the appellant filed a suit for a declaration that the said ntoice under s. 195 of the punjab municipal act was illegal and void and for an injunction restraining the respondent from dismantling the said almirahs. it was alleged by the plaintiff that the said almirahs had been fixed in .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-29-1966
Reported in : (1967)69BOMLR723; 1966MhLJ784
..... by the municipal committee. the plaintiff-appellant filed the suit for recovery of the tax on the ground that the particular commodity on which ..... suit for refund cannot lie inasmuch as the municipal act has made ample provision and provided proper remedy for refund of any tax improperly imposed or recovered. he relies for this purpose upon the decision of the supreme court in firm radha kishan v. ludhiana municipality. : 2scr273 . the case arose under the punjab municipal act of 1911, where a terminal tax on salt was recovered ..... the tax was recovered was not one on which any tax could be recovered by the municipal committee and it was, therefore, ..... unauthorised. the plaintiff failed before the high court and hence the appeal. in the punjab act a right of appeal against demand of tax is given under section 84, i.e. either against levy or .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-25-1966
Reported in : AIR1967P& H279; (1969)ILLJ679P& H
..... case of ram dial air 1965 sc 1518 by pointing out that there indiscrimination is writ large on the face of the statute, when sections 16 and 14 of the punjab municipalities act of 1911 are properly scrutinised.18. in support of the validity of rule 6.4, shri pannu has relied on a decision of the supreme court in the high court calcutta ..... 1949, after having been given chance as an officiating executive engineer, he was reverted to the position of sub-divisional officer as he was declared unsuitable for promotion by the punjab public service commission. in 1958 he was again superseded by five of his juniors, and he also attracted adverse comments from the public accounts committee for financial irregularities. his service ..... leave salary. the outstanding amounts should also be clearly and completely noted in the last pay certificates in sufficient detail with reference to the previous correspondence with the accountant general, punjab, and if the recovery is to be effected from pension, it should be clearly recorded on the last pay certificate itself that the request or express consent of the ..... from service on reaching the age of superannuation. shortly after retirement, he was appointed by the government as a professor and head of the department of civil engineering in the punjab engineering college, chandigarh which post was held by him for about 16 months. during the five years immediately preceding his retirement from service, the petitioner earned about four promotions described .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-07-1966
Reported in : AIR1967Cal423
..... bengal municipal act. a decision as this goes heavily against mr. chittatosb mookerjee's contention noticed above. in short, there the contention about estoppel is ..... . the decision in dr. h. s. rikhy v. new delhi municipal committee, : 3scr604 , which mr. chittatosh mookerjee seeks to distinguish, in anticipation of mr. harinarayan mukherjee citing it (as indeed he cites in fact), turns on the construction of section 47 of the punjab municipal act, 3 of 1911, the language of which bears striking similarity with section 103 of the ..... effective signature.'so, commissioner md. osmanali's signature as a witness to the impugned agreement cannot be an effective signature within section 103, sub-section (2), of the bengal municipal act. i hold accordingly therefore, the fourth point of mr. chittatosh mookerjee fails as well.37. the fifth and last point now remains. the reasons given by the learned munsiff ..... a year failing, a monthly tenancy would not be created by delivery of possession and payment of rent, because infraction of section 103, sub-section (2), of the bengal municipal act, would come full-circle back, preventing thereby the creation of even a monthly lease. b. the impugned agreement being invalid ab initio, and not being bad for lack of .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-22-1966
Reported in : AIR1967Raj239
..... roll. in that case prior to 13th august 1959, the rules framed under the punjab municipal act required that an election to a municipal committee should be held on the basis of electoral roll prepared for election to the punjab legislative assembly. sometime in the beginning of august 1959, the punjab government decided to amend the rules, although the amendment was made on the 13th august ..... for certain other reliefs which need not be mentioned. the election took place in accordance with the provisions of the rajasthan municipalities act, 1959 (act no. 13 of 1959)(hereinafter called 'the act'). chapter ii of the act provided for the constitution and government of municipalities in rajasthan. it has been divided into several parts. part i consists of three sections, 4 to 6, and makes ..... . state of rajasthan, ilr (1960) 10 raj 1703: (air 1961 raj 250) (fb). in that case, the boundaries of the wards of the kotah municipality were fixed by the collector under section 10 of the rajasthan town municipalities act, 1951, by virtue of the powers delegated to him by the government, and the collector's order dated 13-2-59 was published in ..... been referred by a division benchof this court to a larger bench:(1) whether rule 2 of the rules made by the collector, ganganagar under section 22 of the rajasthan municipalities act, 1959, lays down the requirement that the draft electoral rolls along with the notices must inter alia, be placed at the office of the .....Tag this Judgment!
Court : Kerala
Decided on : Jan-05-1966
Reported in : AIR1966Ker216
..... suit for the refund of the terminal tax will not lie when the remedy provided by the act is not pursued by the claimant, but even in such ..... raised was whether a suit would lie in a civil court claiming refund of the terminal tax collected by the ludhiana municipality under the provisions of the punjab municipal act. it was held therein that a ..... excluded other than a challenge in the civil courts." the same principles were applied by the high courts in india in bhaishankar nanabhai v. municipal corporation of bombay, (1907) ilr 31 bom 604, their lordships of the bombay high court held : "where a special tribunal, out of ..... the learned judges. they were :--proposition no. 1 the commissions is a corporation sole, not the servant of the government that against a person acting in the capacity of a commissioner, the government has no jurisdiction to take disciplinary proceedings: proposition no. 2. that quasi-judicial orders and ..... not possess and for usurpation of power the remedy provided by the act cannot be held to be exclusive." 20. this question was considered by the supreme court in the decision in firm seth radha kishan v. administrator, municipal committee, ludhiana, (air 1968 sc 1547) where again the question .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-24-1966
Reported in : AIR1967SC87; SuppSCR27
..... the company under the general supervision and control of the trust, and in accordance with the town planning scheme framed under s. 192 of the punjab municipal act. the decree passed by the falshaw, j., was confirmed by a division bench of the high court. with certificate granted by the high court, ..... the trust is of opinion that it is expedient and for the public advantage to control and provide for the future expansion of a municipality in any area to which this act is extended, the trust may frame a scheme (to be called a 'town expansion scheme'). (2) such scheme shall show the ..... appeal to the senior subordinate judge with appellate powers the decree passed by the trial court was affirmed. in second appeal to the high court of punjab, falshaw, j., reversed the decree passed by the first appellate court. in the view of the learned judge, since the original industrial area scheme ..... that scheme, but we are unable to accept that contention. the appellants by their plaint challenged the application of the u.p. town improvement act, the constitution of the trust and the various steps taken by the trust resulting in the acquisition of their land. the original scheme was ..... any way with their enjoyment of the lands. the appellants in support of their claim contended that the notification extending the united provinces town improvement act, 8 of 1919, was invalid, that the improvement trust was not lawfully constituted, that the industrial development schemes were invalid, that the trust .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-24-1966
Reported in : AIR1967P& H225
..... to the judgment of their lordships of the section c. in' ram dial v. state of punjab, (1965) 67 pun lr 835: (air 1965 sc 1518), wherein it was held that section 14(e) of the punjab municipal act in so far as it confers power on the state government to require a seat of a member ..... the course of his judgment in that case as follows --'it seems to me, however, that even in case of punjab acts the words 'necessary or expedient' are not the same as for a public purpose, and are capable of wider application, and it is also to be borne ..... writ petitions (nos. 26 of 1965, 627 of 1965, 628 of 1965 and 629 of 1965) the constitutionality of the east punjab moveable property (requisitioning) act xv of 1.947 (hereinafter called the act) and particularly the vires of sections 2 and 4 thereof is impugned.2. it is stated that in september or october, 1964 ..... the executive.24. no other argument was advanced before us in this case.25. for the foregoing reasons, it is held that the east punjab moveable property (requisitioning) act xv of 1947 became void on january 26, 1950, by operation of article 13(1) of the constitution as the main and basic sections of ..... of a division bench of this court weston c. j., and falshaw j. in shyam krishen v. state of punjab, air 1952 punj 70. in that case the vires of punjab requisitioning of immovable property (temporary powers) act (xvii of 1947) had been questioned. falshaw j. (as my lord the chief justice then was) observed in .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-10-1966
Reported in : AIR1967Bom413; (1967)69BOMLR303; 1967MhLJ185
..... until 1947. on may 11, 1962, the rules made under section 67, sub-section (5), imposing terminal tax under section 66 sub-section (1), clause (o), of the c. p. municipalities act, 1922, were superseded and new rules were sanctioned by the state government imposing terminal tax on import and ex port of listed articles. list (a) which related to import of ..... connected with the traffic of goods, octroi, according to the legislative practice then obtaining were, leviable in respect of goods brought into a municipal area for consumption or use or sale. it is not necessary to cite the municipal acts prior to 1935 but a reference to them will amply prove that such was the tax which was contemplated as octroi.'(14) this ..... instituted a large number of criminal complaints against defaulting persons. the question is whether the tax is validly levied.(3) the municipal committee is governed by the c. p. and berar municipalities act, 1922, section 66 of which gives powers to the committee to impose taxes so far as relevant for the purposes of discussion the section reads thus:'66 (1) a committee ..... what the real nature of the tax is. the court must find out the real intention of the municipal committee and determine what was the incidence of the tax intended in order to arrive at the correct conclusion. this follows from the decision in punjab flour and general mills co. ltd., lahore v. lahore corporation air 1947 pc 14. the question whether .....Tag this Judgment!