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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1970 Page 1 of about 105 results (0.079 seconds)

Nov 30 1970 (HC)

N.D.M.C Vs. Inder NaraIn and ors.

Court : Delhi

Decided on : Nov-30-1970

Reported in : ILR1970Delhi306

..... march 24,1967 and conveyed it to the respondents as per letter dated april, 15, 1967. new. delhi municipal committee, it may be stated, is governed by the provisions of the punjab municipal act, 1911 as extended to delhi (hereinafter referred to as 'the municipal act'). 23, curzon road, is also included in section 2 and 3 of zonal development plan for zone d-l ..... (connaught place and its extension) under the delhi development act, 1957 (hereinafter referred to as 'the development act'). delhi development authority (hereinafter referred to as ..... 5% first floor coverage .. 50% coverage for second floor and above . . 35%'. (13) the appellant committee in exercise of the powers conferred by section 190 and other provisions of the municipal act made bye- laws to make the existing bye-laws as per notification dated september 18, 1964. the authority also on consideration of the bye-laws certified that they did not ..... committee had the power to compound the contravention committed by the respondents in the construction of the building in question under the first proviso to section 195 of the municipal act. the dictum. that estoppel cannot constitute a cause of action to which reference has been made on behalf of the appellants, has no bearing on the present case .....

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Mar 12 1970 (HC)

R.D. Gupta Vs. the New Delhi Municipal Committee

Court : Delhi

Decided on : Mar-12-1970

Reported in : ILR1970Delhi38

..... this court. the application was, however, opposed by the committee on whose behalf it was contended that since the contract was not executed in accordance with section 47 of the punjab municipal act, 1911, it was not binding on the committee and thereforee there was no existing arbitration agreement between the parties. (5) section 47 requires that every contract, made by or on ..... disputes were covered by the arbitration clause. the committee however maintained that in the absence of a formal contract executed in conformity with the provisions of section 47 of the punjab municipal act, there was no arbitration agreement.(9) the contention found favor with the learned single judge who, thereforee declined to order the alleged agreement to be field or to refer ..... and consequently there subsists no valid and binding arbitration agreement between the parties.(12) the decision of the question as to whether the provisions of section 47 of the punjab municipal act are mandatory and whether a contract which is not signed in the manner prescribed by the said section would not be binding on the committee stands settled by the supreme ..... substantially the same form in article 299(1) of the constitution. but in both these provisions there is nothing comparable to sub-section (3) of section 47 of the punjab municipal act which in terms provides that no contract or transfer of the value mentioned in subsection (1) executed otherwise than in conformity with the provisions of the said section shall be .....

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Aug 21 1970 (SC)

Gyan Chand and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Decided on : Aug-21-1970

Reported in : AIR1971SC333; (1970)3SCC270

..... in the performance of duties entrusted to it. there was thus a prima facie case for superseding it under section 238 of the punjab municipal act, 1911, hereinafter called the 'act' but the committee was being given an opportunity to show cause as to why it should not be superseded by the government under ..... and without any foundation. it was stated that the allegations had been leveled merely as a cloak to serve extraneous ends of somehow superseding the municipal committee. in this reply it was mentioned that shri p. n. bhalla who had been working as an executive officer of the committee had ..... of the committee recorded by the sub-divisional officer, kaithal a copy of which was sent which contained serious complaints of irregularities committed by the municipality. it was stated that the inspection note revealed that the civic administration had deteriorated, encroachments had not been removed, the income of the committee ..... contained in the statement attached to the show cause notice.3. the appellants filed a petition under articles 226 and 227 of the constitution in the punjab & haryana high court challenging the aforesaid notification of supersession of the committee. this came up before a division bench consisting of mehr singh, c. ..... a.n. grover, j.1. this is an appeal from an order of the punjab and haryana high court dismissing a writ petition in limine. 2. the municipal committee of kaithal consists of 17 elected members. prior to the election held on march 10, 1968, the previous .....

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Sep 25 1970 (HC)

Tara Ram Chand and ors. Vs. State

Court : Punjab and Haryana

Decided on : Sep-25-1970

Reported in : 1971CriLJ1201

..... illegal.20. after examining the respective contentions of the learned counsel for the parties and after going through the provisions of the punjab municipal act 1911 along with the punjab municipal executive officer act, 1931 and perusing the authorities relied upon by the learned counsel for the state, i am of the opinion that the ..... the executive officer is given power in view of the provisions mentioned above wherein he can delegate -his authority for issuing notices 'under the punjab municipal act to any other person and the said person can sign the same on his behalf.22. the other question which remains to be determined is ..... ) 42 pun lr 402 : a.i.r. 1941 lah 90, wherein it was held that a notice under section 195-a of the punjab municipal act, may be signed by anybody authorised by the executive officer. it was further held in this authority that if a person receives a notice under ..... the executive officer have been validly . issued. provisions of section 215 of the punjab municipal act read with section 4 (c). schedule it. clause 17 of the punjab municipal executive officer act, clearly provides that every notice issued under the municipal act or under any rule or bye-law, by an executive officer or by the ..... section 195-a of the punjab municipal act, signed by somebody on behalf of the executive officer, the presumption is that it is signed by a person who has been authorised .....

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May 29 1970 (HC)

Sushiela Devi and ors. Vs. the Municipal Corporation of Delhi and ors.

Court : Delhi

Decided on : May-29-1970

Reported in : 8(1972)DLT39

..... committee civil station which had jurisdiction over the said area and was governed by the provisions of the punjab municipal act iii of 1911, as applied to delhi and under section 56(g) of the said act read with section 3 (30) the said local authority was vested with control of all public streets ..... good condition free from its being a source of danger to the passers by apart from that, under section 43(9) of the delhi municipal corporation act a duty is cast upon the defendant -corporation to maintain the trees. learned counsel for the defendants urges that the said duty is directory ..... plaintiffs and on the pleadings of the parties the following issues were framed :- '1. whether the suit is barred by section 477 of the delhi municipal corporation act, 1957 o.p.d. 1. 2. whether the notice exhibit p. i dated 14th april, 1966 is not in accordance with the requirements of ..... subject. d. w. 1 shri j. c. sarma, assistant superintendent (garden) has stated that only mall road was a national highway, and the municipal corporation of delhi was supposed to look after and maintain the tree in question. he farther stated that the civil lines area 'vis transferred to the ..... and trees existing over them (except the lands owned by the government) the delhi municipal corporation act 1958, by virtue of section 516(d) of the said act .....

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Dec 09 1970 (HC)

Municipal Council, Udaipur and anr. Vs. Kishan Lal and ors.

Court : Rajasthan

Decided on : Dec-09-1970

Reported in : AIR1971Raj202; 1970(3)WLN697

..... on the wordings of section 192 of the u. p. district boards act, 1922, as well as the decision in faquir muhammad v. municipal committee, phillaur. air 11937 lah 102 with reference to section 49 of the punjab municipal act. (no. 3 of 1911), the learned single judge held that a notice under section 271 of the ..... act would have been necessary only if the suit had been instituted in respect of any 'act' done or purported to have been done by the board ..... on the grounds that the suit was not based on a contract and was not maintainable without a notice under section 339 of the udaipur city municipal act. 1945, and that it was filed beyond the period of 6 months prescribed by that section. the learned civil judge accordingly dismissed the suit ..... hadno cause of action and that the suit was not maintainable without the two months' notice prescribed by section 271 of the rajasthan municipalities act, 1959, hereinafter referred to as 'the act'.4. the learned civil judge, in whose court the suit was instituted, framed 6 issues. issue no. 1, with which ..... plaintiffs preferred an appeal to the district judge of udaipur. the learned appellate judge held that as the udaipur city municipal act, 1945, was replaced by the act with effect from october 17, 1959, the controversy in the suit had to be determined with reference to section 271 of the .....

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Dec 29 1970 (HC)

Shiv Kumar Vs. Union of India

Court : Delhi

Decided on : Dec-29-1970

Reported in : 7(1971)DLT270

..... governor dated 7th july, 1970 appointing shri bhagwan singh (fourth respondent) as the president of the municipal committee, paonta, under proviso to section 19(1) of the himachal pradesh municipal act (19 of 1968), which was passed in the following circumstances.(2) under the punjab small towns act, 1921 a small town committee for paonta sahib was formed, five persons including the petitioner and ..... act', came into force by virtue of section 285 (1) (a) of the act all the small towns declared as such under the punjab small towns act, 1921 were deemed to be municipal of the second class within the meaning of the ..... the fourth 'respondent having been elected to the said committee on 28th february, 1968 on 3rd february, 1989 the himachal pradesh municipal act of 1968, which will hereafter be referred to as 'the ..... act.(3) on 6th may, 1970 the himachal pradesh administration, acting under section 13 and 21 of 'the said act, removed two of the five members' namely, sarvshri jugal .....

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Mar 30 1970 (HC)

A. Babu Vs. State

Court : Delhi

Decided on : Mar-30-1970

Reported in : ILR1970Delhi801

..... not disputed before me that krishan nagar (humayunpur village) was originally included within the limits of the south delhi municipal committee, which was established under the punjab municipal act. in 1957, the municipal corporation of delhi was established under the delhi municipal coropration act, no. 66 of 1957, and came into being with effect from 2nd january, 1958. on the establishment of ..... the corporation, the functions of 13 bodies and local authorities, enumerated in the second schedule to the delhi municipal corporation act, were taken ..... the time being included in a military cantonment, small town as defined in the punjab small towns act, 1921, or a municipality'. thus, the proviso to section 10 of the punjab district boards act excludes any portion of a district which is included in a municipality from the authority of a board. thereforee, shri partap kishan argued that the definition ..... of 'rural areas' in section 2(52) of the delhi municipal corporation act read with the proviso to section 10 of the punjab district boards act shows that krishan nagar (humayunpur village) was not under the authority of the district board of delhi established under the punjab district boards act, and, consequently, is not a 'rural area' within the .....

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May 19 1970 (HC)

Chander Bhan Sharma Vs. Suraj Bhan

Court : Delhi

Decided on : May-19-1970

Reported in : ILR1970Delhi792

..... not disputed before me that krishan nagar (humayunpur village) was originally included within the limits of the south delhi municipal committee, which was established under the punjab municipal act. in 1957, the municipal corporation of delhi was established under the delhi municipal coropration act, no. 66 of 1957, and came into being with effect from 2nd january, 1958. on the establishment of ..... the corporation, the functions of 13 bodies and local authorities, enumerated in the second schedule to the delhi municipal corporation act, were taken ..... the time being included in a military cantonment, small town as defined in the punjab small towns act, 1921, or a municipality'. thus, the proviso to section 10 of the punjab district boards act excludes any portion of a district which is included in a municipality from the authority of a board. thereforee, shri partap kishan argued that the definition ..... of 'rural areas' in section 2(52) of the delhi municipal corporation act read with the proviso to section 10 of the punjab district boards act shows that krishan nagar (humayunpur village) was not under the authority of the district board of delhi established under the punjab district boards act, and, consequently, is not a 'rural area' within the .....

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Oct 15 1970 (HC)

Jayantilal Kalidas Mehta Vs. the State of Maharashtra

Court : Mumbai

Decided on : Oct-15-1970

Reported in : (1972)74BOMLR391

..... selection, is hit by article 14 of the constitution. 10. mr. sorabji next referred to ram dial v. state of punjab : [1965]2scr858 . in this case, validity of section 14 of the punjab municipalities act was challenged. section 14(e) of the punjab municipalities act provided that the state government may direct that seat of any specified member, whether elected or appointed, shall be vacated for ..... any reason affecting public interest. under section 14(e) there was no provision for giving notice to the member concerned before directing him to vacate the seat. as against this, section 16 of the same act empowers the ..... state government to remove any member of a municipality for reasons mentioned in clauses (a) to (g) of section 16(1) and the proviso to section 16(1) requires that the member ..... unfettered discretion whether to proceed against a person unlawfully or unauthorisedly occupying public premises by an ordinary suit or by a pro proceeding under the special act, viz. punjab public premises and land (eviction and rent recovery) act, hence section 5 was invalid in view of article 14 of the constitution. observations in para. 12 of the judgment are material (p. 1587 .....

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