Court : Supreme Court of India
Decided on : Feb-06-1967
..... back side of this notice mark 'a' and the annual value for the year 1958- 59 is ought to be revised by amending the list under section 67 of the punjab municipal act, 1911, and this committee, has vide resolution no. 113 dated 27/1/61 proposed to amend the list for the year 1958-59 by revising the annual values given at the ..... appeal. the short point for decision in. this case is whether the notice issued by the appellant on 18/2/1961. under section 67(1) of the punjab municipal. act, 1911, to be hereinafter referred to as the act, is in accordance with law. for the assessment year 1957-58, it is admitted, the annual letting value of the building, with which we are concerned ..... . in this connection. reference may be usefully made to the decision of the bombay high court in the cholisgaon borough municipality v. multanchand fulchand sancheti : air1956bom675 , (1) and the- decision of the punjab high court in kaviraj khazan chand v. the new delhi municipal committee 1960 p.l.r. 97 . now we have to see whether the notice given by the appellant meets ..... allowed. no of annual deduct net house remarks bldg. & valuetion annual tax of with effect locality of the made value 10% from municipal property for of no. as proper repairs annual sed under etc. value section 67 of p. m. act :shopno. 7200-00 720-- 6480-- 648- 1/10/58 g-41, to con. 31/3/59 circus, new delhi. m. c .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-30-1967
Reported in : AIR1968P& H470
..... (vide annexure r/l) was issued to the persons who were operating from the unauthorised taxi stand in question under see-tion 173 of the punjab municipal act, 1911. as they had not complied with, they were asked to vacate the encroachment on the public street. persuasion being of no effect, the unauthorised taxi ..... have been violated.6. it may be said at the outset that section 173 of the punjab municipal act, 1911, upon which reliance was placed by the respondents, has no applicability. apart from the fact that there is no municipal committee in chandigarh, the other provisions of the section are not attracted. this section refers ..... by the police. the notices which were claimed to have been sent to four persons under section 173 ot the punjab municipal act are not of any avail or significance. the important question in this case is whether any statutory provisions contained in the motor vehicles ..... to power to permit occupation of a public street and to remove obstruction. a municipal committee has the power to grant permission on certain conditions and also the discretion to withdraw the permission in respect of placing of any ..... rules have been contravened7. the learned counsel for the petitioners has drawn my attention to section 76 of the motor vehicles act, 1939, and to the punjab motor vehicles rules.8. section 76 provides that the state government or any authority so authorised may in consultation with local .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-16-1967
Reported in : AIR1968P& H303; 1968CriLJ1116
..... fair.2. it is alleged in the petition that the petitioner has framed cattle fair bye-laws under sections 188 and 199 of the punjab municipal act, 1911 (hereinafter referred to as 'the act'), which were duly confirmed by the governor of punjab, and were published in the gazette, dated 12-5-1964. these bye-laws came into force on 1-7-1964. ever since ..... are also by virtue of the panchayat act and the rules framed thereunder, empowered to hold within their territorial jurisdiction cattle fairs. a severe competition took place over this matter between the municipal committee and the samiti. the punjab government, therefore, on 12-5-1964, issued a directive ..... that all panchayat samitis should shift their cattle fair sites from municipal limits to the samiti limits ..... the municipal committee, dhanaula is holding a monthly cattle fair from the 11th to the 18th of each calendar month within its municipal limits.the panchayat samitis .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-26-1967
Reported in : AIR1968P& H127
..... 1963 sc 779.7. there is no direct case of this court on this aspect of the matter under section 15 of the act but section 16 (1) (e) of the punjab municipal act, 1911 (punjab act 3 of 1911). provides that'the state government may, by notification remove any member of committee if in the opinion of the state government he has ..... make it at once clear that the learned judge was not inclined to hold that the removal of a municipal commissioner under section 16 (1) (e) of punjab act 3 of 1911 is a judicial or a quasi-judicial act, but at the same time he was satisfied that the proceedings leading to such a removal must conform to ..... das gupta, air 1962 s.c. 1110, to support the manner in which this court interferes in orders of removal of municipal commissioners by the state government under section 16 (1) (e) of punjab act 3 of 1911. no doubt the learned judge does not in so many words say that such an order is judicial or a quasi ..... 828, the learned judge agrees with harbans singh j, that this court will interfere in an order under section 16(1) (e) of punjab act 3 of 1911 to see that the act or acts done by the member concerned in disregard to his duty are such as can shock a reasonable mind. the opinion of mahajan j., in ..... j., sought support of it in satya dev's case. 1964-66 pun lr 381 which as stated, was a case under section 16(1) of punjab act 3 of 1911. in my opinion, ghanshyam das gupta's case, air 1962 sc 1110 supports the view that i have taken above with regard to the nature of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-21-1967
Reported in : AIR1967SC1801; (1968)0GLR390; 2SCR679
..... a few only of them which are : punjab municipal act, 1911, section 3(1); the madras act iv of 1884 section 65(2); madras district municipalities act, 1920 section 82(2) proviso (b); the patna municipal corporation act, 1951, section 130(3); the bombay district municipalities act, 1911 section 3(11); the bombay municipal boroughs act section 3(1); the bombay municipal corporations act, 1888, section 154(2); the calcutta municipal act, 1899, section 151 proviso (2); north ..... west province and oudh municipal act, section 3(1) proviso; the central provinces municipalities act of 1903 section 36 proviso ..... ; and the central provinces and berar municipalities act, 1922 section 73 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-20-1967
Reported in : AIR1968SC133; 3SCR747
..... any oblique purpose like preventing persons from carrying on a lawful trade. 11. it was further argued that s. 56(1) (g) of the punjab municipal act, showed that 'all public streets, not being land owned by government and the payments, stones and other materials there of and also trees growing on ..... a general merchant. he was informed on 2nd december 1964 about the cancellation of the temporary tehbazari permit granted under s. 173 of the punjab municipal act. he had never been granted any licence. he along with the other squatters were carrying on a business which tended to create slums ..... also settles and on the reverse thereof the conditions regarding the grant of permit were incorporated. due to violation of the provisions of the punjab municipal act by the squatters and because of certain practical difficulties, the committee resolved on 13th march 1964 that temporary permits would be issued to ..... his business was subject to such reasonable restrictions as the n. d. m. c. might think fit to impose under the provisions of the punjab municipal act. the restrictions actually imposed upon the squatters/hawkers were reasonable and within the ambit of the powers of the n. d. m. c. the ..... anulled by a subsequent resolution. it was also submitted that the n. d. m. c. had no power under s. 173 of the punjab municipal act to withdraw permission for encroachment on a public street unless reasonable prior notice was given. the grounds formulated in the petition were inter alia as follows .....Tag this Judgment!
Court : Delhi
Decided on : Jun-06-1967
Reported in : 3(1967)DLT612
..... at the rate of twelve per cent per annum from 16/7/1962, that is, the date of service of ntoice under section 49 of the punjab municipal act on the defendant committee. the plaintiff also claimed future interest at the same rate.(2) the principal allegations of the plaintiff were that between 13/9/ ..... courts had no jurisdiction to entertain the suit in view of the provisions of sections 84 and 86 of the punjab municipal act.(3) the power to levy octroi duty is derived from section 61 of the punjab municipal act. octroi is nto one of the taxes specified in sub-section (1) of section 61 and is livable ..... by virtue of sub-section (2). the case proceeded before us on the assumption that the octroi duty bad been levied by the committee on entry of goods in the municipal limits of ..... benefit of the transit pass system, can still claim it back. in these circumstances, it must a. r. pasricha & co. be held that the municipal committee was nto entitled to charge the duty.(12) the question then arises about the maintainability of the suit. since the goods were exported out of the export ..... . there, the duty was livable under rule 2 on mere entry and the exemption from duty was available only in case of goods cleared outside the municipal limits within the time prescribed. in this case, the duty itself is livable if the goods are imported for use, sale or consumption. consequently if .....Tag this Judgment!
Court : Delhi
Decided on : Mar-28-1967
Reported in : 3(1967)DLT623
..... certain constructions in the building. on 5th march, 1953, the plaintiff gave a ntoice in writing to the new delhi municipal committee under section 189(3) of the punjab municipal act intimating his intention to make and alter certain constructions on the back and front portions of plto no. 17, block ..... sixty days the new delhi municipal committee wrtoe to the appellant on 30th april, 1953, that the plan had been rejected. ..... committee to the land and development office on 9th march, 1953, and since in view of the provisions of section 193(4) of the punjab municipal act the municipal committee had to communicate the rejection of the plan within ..... no. 134, new delhi, which premises are now known as i-curzon road, new delhi. the plan submitted along with the application of the plaintiff was sent by the new delhi municipal ..... the land without permission of the chief commissioner; (4) the forfeiture has nto been effected by an appropriate authority ; (5) permission by the municipal committee included permission by the chief commissioner and, thereforee, clause 2(5) of the lease- deed had been satisfied ; and (6) clause .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-12-1967
Reported in : AIR1969All278
..... be noticed that in ram dial'scase : 2scr858 , all that the petitioner was claiming was his rights as a municipal member. those rights were created by the punjab municipalities act. yet the supreme court permitted the member to urge before the court that he could not be removed from membership in contravention ..... be waived at all.20. in ram dial v. state of punjab : 2scr858 , the supreme court had to examine the provisions of the punjab municipalities act sections 14 (e) and 16 (1) of the punjab municipalities act provided for different methods for the removal of a municipal member. the proviso to section 18 (1) provided for a ..... . that it cannot be said that such a drastic provision is justified as being in relation to the objective of the u. p. municipalities act, and any special treatment meted out to the owners of nazul land cannot be justified on the ground that it has any reasonable relationship with ..... will of the authority.... in this view section 5 must be declared to be void'.it may be mentioned here that section 5 of the punjab act empowered the collector to evict occupiers of land summarily,28. a different view was taken by the minority of the constitution bench in that case. ..... a notice in writing calling upon such person to show cause why an order of eviction should not be passed. section 5 of the punjab act provides that if after considering the cause and the evidence produced by such person and after giving him reasonable opportunity of being heard the collector .....Tag this Judgment!
Court : Delhi
Decided on : Dec-28-1967
Reported in : AIR1968Delhi299
..... ) that the tenant had been in arrears of rent since 1-3-1964; (ii) that the municipal committee, simla, had served the landlord with a ntoice under sections 113/114 of the punjab municipal act declaring that the premises in dispute and the building as such was in a dangerous condition and was ..... that the omission to describe himself as district & sessions judge, shri d. b. lal, has nto exercised his power as appellate authority under the punjab act and, thereforee his order is a nullity. this objection is, in our opinion, wholly unmeritorious. if the district & sessions judge of simla has ..... tenant on ground of bona fide requirement for reconstruction under the pepsu urban rent restriction ordinance and, thereforee, is of little assistance in construing the punjab act. 8. on behalf of the respondents, our attention has been drawn to shri madan lal kapur v. nand singh, 1966 cur lj 772 ..... on the part of the draftsman that different phraseology, conveying a different intendment, was used. no reference was made to the scheme of punjab act giving rise to the assumption of complete identity between the legislative intendment of the two law-makers. speaking with respect. we cannto help expressing ..... the controversy now centers round the second ground. btoh the rent controller and the learned district judge, who constituted the appellate authority under the punjab act, have acceded to the landlord's prayer and directed the tenant to vacate the premises. the rent controller had, it may be pointed .....Tag this Judgment!