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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1971 Page 1 of about 125 results (0.089 seconds)

Oct 27 1971 (HC)

Municipal Corporation of Delhi Vs. Surjit Kaur

Court : Delhi

Decided on : Oct-27-1971

Reported in : AIR1973Delhi198; ILR1972Delhi1

..... in law to issue the notice of demolition.(4) the appellant corporation was established by the delhi municipal corporation act. 1957, which came into force on april 9, 1958 prior to this the punjab municipal act, 1911. hereinafter referred to as 'the punjab act' was applicable. section 195 of the punjab act. in so far as it is relevant, provided.- '195.should a building he begun, erected ..... it may deem necessary within the period specified in such notice:. .........'admittedly, building in question was erected without the requisite sanction and. thereforee, if the punjab act had continued to apply, the municipality would have been entitled to require the respondent to demolish the said building. the first appellate court has not given any finding as to the exact date ..... 5) as stated earlier, the corporation was established under the delhi municipal corporation act. 1957, hereinafter referred to as 'the corporation act', with effect from april 9, 1958 and by reason of clause (b) of sub-section (1) of section 516 of the corporation act read with its thirteenth schedule, the punjab act ceased to have effect within delhi. then clause (b) of ..... corporation is that the respondent had incurred a liability with the municipal committee. delhi, which is one of the authorities specified in the second schedule to the corporation act, to have the building demolished by reason of section 195 of the punjab act read with section 343 of the corporation act. section 343 has to be read with and in the .....

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Aug 11 1971 (SC)

The Atlas Cycle Industries Ltd. Vs. State of Haryana and anr.

Court : Supreme Court of India

Decided on : Aug-11-1971

Reported in : AIR1972SC121; [1972]85ITR121(SC); (1971)2SCC564; [1972]1SCR127

..... september, 1966 a notification dated 15 september, 1966 was published in the punjab government gazette to the effect that under section 5(1) of the punjab municipal act, 1911 (referred to for the sake of brevity as the act) the president of india was pleased to declare his intention of including within the municipal limits of sonepat in the rohtak district, the area specified in the schedule ..... one month from the date of the notification, on which the tax shall come into force.15. in the case of tax falling under section 61(2) of the act the municipality has to submit proposals together with objections to the deputy commissioner. the deputy commissioner shall submit the proposal and objections with his recommendation to the state government. the state government ..... the appellants contended that this procedure; for inviting objections should have been followed.11. in the case of tax falling under section 61(1)(b) to (f) of the act the municipal committee after settlement of the proposals shall direct that the tax be imposed and forward a copy of the order through the deputy commissioner to the state government. these orders ..... ) to (f) is tax on profession, calling, trade and of other forms which are not material for the purpose of the present appeals. under section 61(2) of the act the municipality may impose with the previous sanction of the state government any other tax which the state legislature has power to impose in the state under the constitution. the levy of .....

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Jul 28 1971 (HC)

Municipal Committee, Ludhiana Vs. Ved Parkash Joshi

Court : Punjab and Haryana

Decided on : Jul-28-1971

Reported in : AIR1972P& H150

..... not necessary to do so since the procedure was in conformity with the provisions of rule 3 of the punjab municipal (general) rules, hereinafter called 'the general rules' framed under section 240 of the punjab municipal act, 1911.7. on the basis of the above pleadings of the parties, the learned single judge came to the ..... consequential effect of the declaration granted by the learned single judge could be made, when an order of dismissal of an employee of a municipal committee has been challenged on the ground of its being wrongful, that the appropriate remedy is to file a suit for damages and that ..... negligence of the respondent in the construction of roofs of some shops, the roofs be replaced by the respondent to the satisfaction of the municipal engineer of the appellant and that in case of failure on the part of the respondent to do so, the sum of rs.720 ..... building superintendent with the appellant. there were against him allegations of misappropriation of money, dereliction of duty, absence from duty, overcharging and overspending of municipal funds. the respondent was served with a charge-sheet on january 4, 1965. he was asked to submit his explanation to the charge-sheet supplied ..... not vitiate the proceedings conducted on that date. the appellant in its return admitted that the procedure laid down in rule 7(6) of the punjab civil services (punishment and appeal) rules, 1952, hereinafter called 'the rules' applicable to the respondent had not been followed and after the receipt .....

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Sep 02 1971 (HC)

The Administrator, Municipality Yamunanagar Vs. Saraswati Industrial S ...

Court : Punjab and Haryana

Decided on : Sep-02-1971

Reported in : AIR1972P& H165

..... rs.11,250.31 after disposing of the objections. an appeal against this assessment was filed by the syndicate before the deputy commissioner, ambala. under section 84 of the punjab municipal act, 1911, hereinafter called the act. when the appeal was instituted, admittedly, the impugned tax had not been paid by the appellant. 2. a preliminary objection was taken before the deputy commissioner on behalf ..... of tax assessed should have been deposited, it would have clearly said so as we find in many other statutes. for instance, in proviso to section 20 of the punjab general sales tax act, 1948, it has been enacted that 'no appeal shall be entertained by such authority unless he is satisfied that the amount of tax assessed and the penalty, if ..... . the scheme of the act appears to be that an inhabitant of a municipality who may have to pay several taxes but commits default in payment of all or any of them will not be allowed an unfettered right of appeal against a fresh ..... appeal and it is only when the appellant is a defaulter in respect of other taxes payable to the municipal committee that he is not permitted under the act to challenge a fresh liability for a tax. the power of taxation by a municipal committee extends to a variety of subjects, including lands, building, animals, vehicles, professions, or callings, and many other matters .....

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Aug 11 1971 (HC)

Sham Lal and anr. Vs. Muni Lal and ors.

Court : Punjab and Haryana

Decided on : Aug-11-1971

Reported in : AIR1972P& H199

..... to be admitted in evidence was a copy, had been maintained by municipal officials in pursuance of bye-laws framed under cl.(c) of section 188 read with section 199 of the punjab municipal act, 1911 (hereinafter referred to as the act) but the contention did not find favour with him for the reason ..... that the existence of such bye-laws had not been proved.2. the relevant portion of section 188 of the act runs thus:--'188. a committee may ..... *' it transpires that bye-laws under this clause read with section 199 of the act were actually framed by the municipal committee and that after they had been confirmed by the local government under section 201(1) of the act, they were published in the punjab government gazette dated the 12th of september, 1919, in the form of notification no. ..... .'on the 11th of january, 1968, the petitioners placed on the file a copy of an extract from the register of births maintained by the municipal committee, jullundur, according to which a daughter was born in the house in dispute to the wife of respondent no. 5 on the 21st of ..... air 1956 madh bha 138 (fb)).in the present case the bye-laws were framed by the municipal committee in exercise of the powers conferred on it by cl.(c) of section 188 of the act. they have thus the same force as that section itself and, being provisions of a legislative character .....

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Sep 13 1971 (HC)

Sham Kapoor Vs. Municipal Corporation of Delhi and ors.

Court : Delhi

Decided on : Sep-13-1971

Reported in : 1971RLR81

..... , apply to a case in which fair rent has not been fixed under the east punjab urban rent restriction act, 1949. 10. we would like to emphasise that the definition of the reasonable letting value in the punjab municipal act, 1911 and the fair rent in the east punjab urban rent restriction act, 1949 are fundamentally different. ............. the, reason why the fair rent fixed by the controller under ..... by a tenant or a landlord to the collector 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. 8. on the other hand, the east ..... case of a building as the present one, the very relevance of the provisions of the rent restriction act disappears. for, the only law applicable then is the punjab municipal act, 1911.'(26) v. s. dashpande, j. sitting singly considered the provisions of the delhi rent control act, 1958 simplicities relating to the fixation of standard rent in manmohan chawla v. jaswant singh. his lordship ..... the rent restriction act has to be taken as the basis for reasonable letting value by the assessing authority under .....

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Sep 17 1971 (HC)

New Delhi Municipal Committee and anr. Vs. Ram Saran Dass

Court : Delhi

Decided on : Sep-17-1971

Reported in : ILR1972Delhi708

..... be filed within one year from the date of the order of acquittal. even if one month's notice as required by section 49 of the punjab municipal act, 1911 had been served, the suit would have been still out of time on 12.4.66. the question of the petitioners having waived any notice thereforee ..... will thereforee dispose of all the four petitions. (2) the common question is that the plea of want of notice under section 49 of the punjab municipal act, 1911 was not raised on behalf of the petitioners in the original written statement filed on their behalf but it was raised after a lapse of about 15 ..... petitioners, issues were framed but neither in the written statement nor in the issues the defense of want of statutory notice under section 49 of the punjab municipal act was taken by the petitioners. it was after a delay of over 15 months that the petitioners applied for amendment of their written statement and sought ..... exceptions. it imposes statutory and unqualified obligation on the court. the moment the respondent brought suits against the new delhi municipal committee and officers serving under it in respect of any act purported to have been done by them in their official capacity and there was no averment of a notice of one ..... revisions viz. c.r. no. 57 of 1968, c.r. no. 58 of 1968 and c. r. no. 59 of 1968. new delhi municipal committee is the common petitioners in all the four petitions while petitioner no. 2 in each case is a sub-inspector employed in the department of enforcement or .....

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Mar 10 1971 (HC)

Prakash and ors. Vs. Municipal Corporation of Delhi

Court : Delhi

Decided on : Mar-10-1971

Reported in : ILR1971Delhi811

..... before the coming into force of this act. under powers conferred by clause (t) of section 188 of the repealed act, the municipal committee was entitled to frame bye-laws concerning the grant of licenses, necessary ..... sections 420 and 321 of the act. (8) before proceeding further in the matter it will be appropriate to notice certain other relevant facts that were pointed out at the time of arguments. they are the bye-laws framed under section 188(t) of the punjab municipal act, 1911. section 516 of the present act repealed the punjab municipal act, 1911, as in force in delhi immediately ..... m.c. had permitted the continuance of the trade for a long time. but no exception can be taken to their exercise of power under section 173 of the punjab municipal act to eradicate the evil. after all every person has a right to pass and re-pass along a public street. he cannot be heard to say that he ..... its secretary, 10................................ 11.................................. sub-section (21 of section 516 of the present act provides that notwithstanding the repeal of the punjab municipal act the bye-laws made or issued under the repealed act shall, in so far as they are inconsistent with the provisions of the present act, continue in force and deemed to have been made, issued, or granted under the .....

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Sep 10 1971 (HC)

The Sattenapalli Panchayat Board Vs. Yekkala Lakshmi Kantam and ors.

Court : Andhra Pradesh

Decided on : Sep-10-1971

Reported in : AIR1973AP156

..... apply if the statute had provided for the particular forum in which the remedy could be had. ' applying that test, their lordships examined the provisions of the punjab municipal act, 1911, and observed that ' the liability to pay terminal tax is created by the punjab municipal act, 1911 and a remedy is given to a party aggrieved in the enforcement of that liability. against the order of the ..... municipal commissioner levying terminal tax an appeal lies under section 84 to the deputy commissioner and a reference under section 84 (2) to the high court. applying the principle ..... basis for determination of the annual rental value and the assessment of the house tax thereon. dealing with a similar provision contained in section 82 (2) of the madras district municipalities act which makes provisions for the fixation of annual value according to the rent at which lands and buildings may reasonably be expected to be let out from month to month ..... mistake if any committed in imposing the terminal tax can only be corrected in the manner prescribed by the act, and hence a suit for the refund of the terminal tax collected by the municipality will not lie when the remedy provided by the act is not pursued by the claimant '. but in that very judgment it was stated that ' there is also .....

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Jan 21 1971 (HC)

The Management of Delhi Transport Undertaking Vs. B.B.L. Hajeley and o ...

Court : Delhi

Decided on : Jan-21-1971

Reported in : ILR1971Delhi568

..... act, 1888, and the provisions of the united provinces municipalities act, 1916. sub-section (2) of section 516 further states that notwithstanding the provisions of ..... . (7) the punjab district board act, 1883, the provisions of the city of bombay corporation ..... corporation act will show that it clearly states that as from the date of the establishment of the corporation, the delhi joint water and sewage board act, 1926. and the delhi road transport authority act, 1950, shall stand repealed. clause (b) of sub-section (1) of section 516 of the corporation act also repeals the various enactments mentioned in thirteenth schedule to the act namely punjab municipal act, 1911 .....

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