Court : Delhi
Decided on : Nov-29-1968
Reported in : 5(1969)DLT283
..... by a tenant or a landlord to the controller that the fair rent is determined by the latter. once such a fair rent is determined, the assessing authority under the punjab municipal act, 1911 is bound to take such a fair rent as the basis of the reasonable letting value. for, the fixation of fair rent is binding on the landlord and the tenant ..... reasonable letting value of such a building. (10) we would like to emphasise the fact that the definition of the reasonable letting value in the punjab municipal act, 1911 and of fair rent in the east punjab urban rent restriction act, 1949 are funda- mentally different. the reasonable letting value is to be determined for the particular year in which the assessment of the tax is ..... the twelve months prior to the 1st january, 1939 and the rental value of such buil- ding entered into the assessment register of the municipal committee relating to the calendar year 1938. the punjab municipal act, 1911 is aimed to enable the municipal committee to assees the building tax on the reasonable letting value of the building for each year of assessment. it would, thereforee, take ..... considered in the past on mumerous occasions. the key words of the definition of 'annual value' in section 127(a) of the calcutta municipal act, 1923 were precisely the same as those in section 3(1)(b) of the punjab municipal act, 1911. they were construed by the supreme court in the corporation of calcutta v. smt. padma debi in paras 5 and 6 as follows .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-21-1968
Reported in : AIR1970Kant70; AIR1970Mys70; ILR1969KAR286; (1969)1MysLJ290
..... tarakaram invites our attention to a decision of the supreme court reported in : 1scr350 , subhash chandra v. municipal corporation, delhi, where the supreme court considered the provisions of sections 232 and 235 of the punjab municipal act (3 of 1911). the provisions of sections 232 and 235 considered in the said decision read as follows:--'232. power to suspend action ..... of committee. -- the commissioner or deputy commissioner may by order in writing suspend, within the division or district respectively, the execution of any resolution or order of a committee or joint committee, or prohibit the doing of any act ..... may thereupon confirm, modify or rescind the order.' the provisions of section 306 of the act are substantially similar to those of sections 232 and 235 of the punjab municipal act. while considering the effect of an order passed under section 232 of the punjab municipal act, which corresponds to the order passed by the deputy commissioner, belgaum, in exercise of his ..... powers under section 306 (1) of the act, the supreme court observes as follows:-- 'it has to .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-30-1968
Reported in : (1969)GLR377; (1969)IILLJ529Guj
..... suit. under s. 61(2) the municipal committee had power to impose, with the previous sanction of the state government, ..... salt. the appellant filed a suit to recover the amount collected from him by the municipality as terminal tax on that salt. a question arose in that case whether in view of the provisions of the punjab municipal act (3 of 1911), ss. 61(2), 84 and 86, the civil court had jurisdiction to entertain the ..... any tax shall be claimed by any person otherwise than in accordance with the provision of the act and the rules thereunder. the supreme court, therefore, noted that under the provisions of the punjab municipal act, a liability is created by the provisions of the statutes and a remedy is provided by the ..... special orders which the state government might make in that behalf. there was no dispute that the state government had issued a notification empowering the municipal committee to impose terminal tax on common salt and any other salt which was not common salt. under s. 84, a right of appeal ..... not acted in conformity with the fundamental principles of judicial procedure. the question as to when the jurisdiction of the civil court can be said to be impliedly barred by the provisions of a statute was also considered by the supreme court in the case of firm radha kishnan v. ludhiana municipality [ .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-26-1968
Reported in : AIR1970SC732; (1969)1SCC200; 2SCR939; 25STC188(SC)
..... in other energy giving forms. electric energy may not be property in the sense of the term 'movable property' as used in the punjab and central general clauses acts in contra-distinction to 'immovable property' but it must fall within the ambit of 'goods' even if in a sense it was intangible ..... electric energy fell within the definition of 'goods' in both the punjab sales tax act, 1948, and the central sales tax act, 1956. according to the learned judge electric energy has the commonly accepted attributes of movable property. it can be stored and transmitted ..... on certain decisions which have been cited before and which will be presently noticed. a similar view was expressed by tek chand, j. of the punjab and haryana high court in malerkotla power supply company v. the excise and taxation officer, sangrur and ors. 22 stc 325 it was held that ..... the subject of larceny. in naini tal hotel v. municipal board : air1946all502 it was held that for the purpose of article 52 of the indian limitation act, electricity was property and goods. in erie county natural gas and fuel co. ltd. v. carroll (1911) ac 105, a question arose as to the measure ..... the aforesaid entries. what has essentially to be seen is whether electric energy is 'goods' within the meaning of the relevant provisions of the two acts. the definition in terms is very wide according to which 'goods' means all kinds of movable property. then certain items are specifically excluded or .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-26-1968
Reported in : AIR1969P& H110
..... premises and tenant, in the delhi rent control act were inconsistent with the requirements of section 47 of the punjab municipal act.it was in that context that the supreme court while ..... had been established between the parties as the written contract of tenancy entered into by the municipal committee with dr. rikhy did not conform to the formalities required by section 47 of the punjab municipal act, and that mere acceptance of rent from the occupiers of the municipal shop did not create relationship of landlord and tenant. it was sought to be argued on ..... behalf of the landlord that the provisions of section 47 of the punjab municipal act had been impliedly repealed by the delhi and ajmer ..... rent control act (38 of 1952), because the statutory definitions of landlord, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-13-1968
Reported in : AIR1968SC1344; 3SCR433
..... in this connection is placed upon a decision of this court in ram dial and others v. state of punjab : 2scr858 . that case is easily distinguishable. 13. there the punjab municipalities act contained two provisions for the removal of a member in the public interest. by one provision he was entitled to a hearing and by the other not. this court held ..... local self-government bodies. the question is not whether kshettra samitis enjoy perpetual succession. the question is whether the kshettra samitis once established enjoy perpetual existence. the scheme of the act clearly indicates that the area of the district is required to be divided into many khands with a kshettra samiti in each khand. sections 3, 4, 8 and 8a ..... appeal, (as he did in the high court), two government notifications issued by the government of uttar pradesh under the uttar pradesh kshettra samitis and zila parishads adhiniyam, 1961 (act 33 of 1963). by these notifications the government of uttar pradesh has redivided the rural area in the district to which the matter relates into new khands specifying the limits ..... respectively in furtherance of the principle of democratic decentralisation of governmental functions and for ensuring proper municipal government in rural areas, and to correlate the powers and functions of gaon sabhas under the united provinces panchayat raj act, 1947, with kshettra samitis and zila parishads;' 3. the act goes on to define a kshettra samiti as a kshettra samiti established under s. 5 .....Tag this Judgment!
Court : Delhi
Decided on : Apr-02-1968
Reported in : 4(1968)DLT464
..... consideration particularly the fact that the. case was nto properly filed by the committee as under section 33 of the punjab municipal act as applied to himachal pradesb,guch powers for the prosecution of the defaulters committing offences within the municipal committee limits, rampur, have nto been vested neither in the president nor in the secretary. no order or ..... different from those which concern us because, indisputabiy, in the case in band, the municipal committee is the complainant, though it was the secretary who appeared for the municipal committee in court. corporation, it must b: remembered, alway acts through human agency. section 228 of the punjab municipal act, which concerns us, is in the following terms :- '228.unless toherwise expressly provided ..... , no court shall take cognizance of any offence punishable under this act or any rule or any bye law there ..... (2) facts of cr] appeal 62 of 1967 may alone be stated (3) the municipal committee, rampur, through its secretary presented a complaint in the court of the sub divisional magistrate, rampur under sections 172(1) and 219 of the punjab munieipal act as applied to himachal pradesh. the complanant committee averred in the complaint that the accused roop .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-08-1968
Reported in : AIR1970AP180
..... classification and drawing the line and that such classification must be based on reasonable and substantial basis. in : 2scr858 , one section of the punjab municipalities act was struck down, as violative of art. 14, because it discriminated between members similarly situated. these decision, therefore, do not render any assistance to ..... (a) to (i) of section 50 (1) of the madras district municipalities act. no doubt, in case of dispute, section 51 provides for recourse to the district judge. but it is not as a result of the ..... v. manickam, 91954) 2 mad lj 680, rajamannnar, c. j. considering the scope of section 50 (1) and section 51 of the madras district municipalities act of 1920, expressed the view that--- 'a councilor ceased automatically to hold office if he becomes disqualified in one or other of the ways mentioned in clauses ..... similar view in kuppuswami v. corporation of madras, 91964) 2 mad lj 380. it was a case where a councilor of the madras city municipal corporation sustained loss of his office by reason of his non attendance at the meetings of the council for three consecutive months. following the two ..... organise village panchayat to enable them to function as units of self-government. it is to carry out this object the gram panchayat act and similar acts have been enacted. the concern and the anxiety of the legislature to maintain and sustain the principles of local self-government is writ .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-12-1968
Reported in : AIR1969SC1126; (1969)1SCC653; 3SCR645
..... of dogar mal ram chand, had been auctioned for rs. 10.100 although the sale had not matured.5. it appears that one shop was released in favour of the municipal committee but the department refused to release the other shops. after unsuccessfully approaching the settlement officer, with delegate powers of the settlement commissioner, the writ application under article 226 was ..... of steps were taken by government to rehabilitate the displaced persons coming from west pakistan. the first legislative measure enacted to achieve this purpose was the east punjab evacuees' (administration ofproperty) ordinance, 1947. various other acts were passed which are set out at p. 809 of the above judgment. it is enough for the purposes of this case to consider the effect ..... kalan, jalalabad, as belonging to the nawab of mamdot and began to recover the rent of the shops from the tenants. the municipal committee protested and lengthy correspondence ensued between the municipal committee andthe custodian. eventually the municipal committee filed a civil suit in 1958 against the union of india for a declaration that the said shops were their own property and ..... immovable property in the compensation pool of the equal amount in lieu thereof under section 20b of the d.ps. (c&r;) act, 1954.'3. the memorandum also listed some properties which were available for transfer to the municipal committee. this is the memorandum that has been quashed by the high court.4. the above proposal was not acceptable to the .....Tag this Judgment!
Court : Allahabad
Decided on : May-24-1968
Reported in : AIR1969All393
..... arise in the instant writ petition.3. the petitioner is the owner of house property in kanpur. in proceedings under the u. p. municipalities act 1916, the municipal board of kanpur prepared the quinquennial assessment list for the period 1958-63. the assessment list mentioned the annual value of the petitioner's ..... in question here have been levied by the mahapalika under the adhiniyam. they are not taxes which have been levied under the u. p. municipalities act and, therefore, no question arises of their continuing in force by virtue of section 577 (a).27. an argument was faintly raised that the ..... of which the assessment list has been prepared is inconsistent with the provisions of the adhiniyam, the assessment list prepared under the u. p. municipalities act does not betray any material inconsistency with the provisions of the adhiniyam. it has not been shown that in the cases before us the ..... assessment list necessitated following the procedure set out in sections 207 to 210.it is submitted that the assessment list prepared under the u. p. municipalities act could not be altered under the provisions of the adhiniyam, section 577 (a) of the adhiniyam, it is pointed out, enables the taxes ..... upon the decision of the supreme court in devi das gopal krishnan v. state of punjab, air 1967 sc 1895. in our opinion, that decision cannot govern the instant cases. in the case of a municipal corporation the position is very different from the case which was considered by the supreme court .....Tag this Judgment!