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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1971 Page 2 of about 125 results (0.109 seconds)

May 18 1971 (HC)

M.K. Vasuraj Vs. Delhi Development Authority and ors.

Court : Delhi

Decided on : May-18-1971

Reported in : ILR1971Delhi21

..... the authority, the only exception being deveopment in the non-development area which is left to the discretion of the local authority. the local authority can act under the provisions of the punjab municipal act, 1911, and the delhi municipal corporation act. 1957. it is to be noted that these statutes also do not give any power to the local authorities in delhi to promulgate and enforce ..... the master plan. this is done by the authority alone under the act. under section 6. the objects of the authority shall be to promote and secure the ..... (3)(ii) 'in accordance with the provisions made by or under the law governing such authority', that is to say, under the punjab municipal act, 191 i, by the new delhi municipal committee and under the delhi municipal corporation act, 1957, by the municipal corporation of delhi. under section 12(4) no development shall be undertaken or carried out except in accordance with the plans after the ..... or the delhi municipal corporation. as the case may be, and that it could not be given by the authority. this contention is based on the distinction made by section 12 of the act between two types of areas in delhi, namely. (1) development areas and (2) other areas. as the premises of the petitioners are situated in other areas, it is .....

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Jul 28 1971 (HC)

Kaushalya Pahwa Vs. Ram Lal Suri

Court : Delhi

Decided on : Jul-28-1971

Reported in : AIR1972Delhi126

..... be occupied and where no filth or obnoxious matter accumulates. reference in this connection may also be made to section 61(e) of the punjab municipal act iii of 1911 which applied to delhi before the enforcement of the corporation act where a tax is livable for house scavenging and the same is specified to be payable by the occupier. i am, thereforee, of the ..... of electricity or water consumed or any other charge levied by a local authority ordinarily payable by the tenant. in my opinion, these taxes although known as such under the municipal act and although collected with respect of the valuation of the lands and buildings, are not in the nature of taxes on buildings or lands which are the burden of the ..... purpose of augmenting the public revenues of the corporation irrespective of the services as in the case of a general tax on lands and buildings. section 117 of the delhi municipal corporation act prescribes that the water tax may be levied by measurement and not by rates to the value of the property and in the circumstances of the present case, there ..... and with effect from such date as may be determined by the corporation. * * * * * * * * * * * *' the other relevant provision is section 115 of the delhi municipal corporation act which reads as follows:-'115 (1) save as other wise provided in this act, the water tax shall be levied only in respect of lands and buildings - (a) to which a water supply is furnished from or .....

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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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May 14 1971 (HC)

The Refugees Co-operative Housing Society Ltd. and ors. Vs. the Munici ...

Court : Delhi

Decided on : May-14-1971

Reported in : ILR1972Delhi725

..... , that till that portion of water main is laid, it would be difficult to take over drinking water service, that, however, it was notified under the provision of the municipal corporation act that sufficient drinking water was available in the colony, and consequently with a view to over-come the hardship of the residents of the colony, the corporation agreed to supply ..... revised lay-out plan, and the same was put up for the approval of the standing committee of the corporation under section 313 of the delhi municipal corporation, act, 1957, (hereinafter referred to as the 'corporation act'). by resolution no. 18, dated 1-7-1959 (annexure r-iii), the standing committee of the corporation approved the revised plan with the following conditions:- '1 ..... notice (annexure r-l) in pursuance of the provisions of sub-section (i) (b) of section 115 of the delhi municipal corporation act no. 66, of 1957 that in the refugee co-operative society's colony sufficient water was available from the municipal water works for a reasonable, supply to all the lands and buildings in that colony, and started levying general tax ..... buildings in delhi. it is also true that section 105 states that monies from time to time credited to the municipal fund shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of the act. it is again true that section 42 enumerates the obligatory functions of the corporation, and thereforee all sums, charges and .....

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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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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 13 1971 (HC)

Lachmi NaraIn Vs. Union of India

Court : Delhi

Decided on : Jan-13-1971

Reported in : ILR1971Delhi107; [1971]28STC21(Delhi)

..... least consist of the determination of the legislative policy'. in rajnarain singh. cited above, it was held that one of the essential features of the bihar and orissa municipal act 1922 was that no municipality could impose a tax on the inhabitants of a locality without giving them a chance of being heard after the giving of a statutory notice and of being ..... be mandatory regarding one and directory regarding the other. this is illustrated by the supreme court decision in raza buland sugar co. ltd, v. municipal board, rampur : [1965]1scr970 . section 131(3) of the u.p. municipalities act 1916 prescribes the same procedure for publication of the tax proposals as also for the publication of the draft rules laying down the procedure for ..... case was directed specifically towards the cure of the invalidity of section 5 of the east punjab general sales tax act 1948 and, thereforee, it was held that in substance the amendment had the effect of re-enacting the whole of section 5. in the decision in municipal committee amritsar also the amendment removed the defect of vagueness from the impugned legislation. in ..... ]3scr557 municipal committee amritsar v. state of punjab 1963 scr 447 and venkatarao eaajirao limberkar v. the state of bombay : [1970]1scr317 ). (32) in p. l. mehra, the question was whether the amendment of the public premises (eviction of unauthorised occupants) act 1958 could validate the said act which had become void as being contrary to article 14 of the constitution. before the .....

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Oct 08 1971 (HC)

Parasram Manjimal and ors. Vs. the Kalol Municipality, Kalol

Court : Gujarat

Decided on : Oct-08-1971

Reported in : AIR1972Guj54; (1972)0GLR497

..... that has been put before us, as also before the magistrate and the sessions judge is, that under section 90 of the bombay district municipal act, the municipality has authority to discontinue or stop up any public street, and, therefore, they have power to discontinue or stop up a part of such ..... application, being special civil application no.1415 of 1968 challenging that the said notice was without authority and jurisdiction as section 233 of the gujarat municipalities act under which the said notice was issued was ultra vires and ineffective as it offended art. 14 of the constitution of india. in the ..... they were without jurisdiction and authority on the various grounds stated in the memo of petition contending inter alia, that section 185 of the gujarat municipalities act, 1963 under which the impugned notices were issued was ultra vires as offending art, 14 of the constitution.3. in special civil application no ..... specified period of one year or more at a time with the permission of the state government under s. 65(2) of the gujarat municipalities act. the petitioners have erected wooden cabins on these lands. it also appears that the last lease made in favour of the petitioners in respect ..... to the vires of section 185 of the gujarat municipalities act, 1963, also has no substance. mr. bhatt has in support of this contention relied on the decision of the supreme court in the case of northern india caterers (pvt) ltd. v. state of punjab : [1967]3scr399 . it was urged that there .....

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Mar 04 1971 (SC)

Gulabchand Bapalal Modi Vs. Municipal Corporation of Ahmedabad City

Court : Supreme Court of India

Decided on : Mar-04-1971

Reported in : AIR1971SC2100; (1971)1SCC823; [1971]3SCR942

..... statutory functions, the court did not disapprove liberty cinema case : [1965]2scr477 but confined the principle laid down there to the provisions of the calcutta municipal act in which the majority had found the requisite guidelines. no such guidance was available in the sales tax statute before the bench deciding devi das's ..... of the corporation of calcutta v. liberty cinema [1965] s.c.r. 477 wherein the validity of section 548(2) of the calcutta municipal act, authorising the corporation to levy a fee (held by this court to be a tax) for every licence and permission at such rate as may ..... assessment-books and the respective parts, if any, shall collectively constitute the assessment-book. rule 10 differs from section 157 of the bombay municipal corporation act, in that, whereas it gives an option to the commissioner either to maintain one assessment-book for the entire city or separate ward assessment ..... 9 to 21 of the taxation rules are headed 'assessment-book'. a comparison of these rules with sections 156 to 168 of the bombay municipal corporation act, 1888 at once shows that they are, with the exception of rule 10, taken almost verbatim from those sections. rule 9 requires the ..... the raising of tax co-extensive with the needs of the delegate in implementing the purposes of the act can afford such guidance.19. the liberty cinema case : [1959]1scr427 came for consideration in devi das v. punjab : [1967]3scr557 where subba rao, c.j., speaking for the court, said:if this decision .....

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May 21 1971 (HC)

Delhi State Government Employees Co-operative House Building Society L ...

Court : Delhi

Decided on : May-21-1971

Reported in : ILR1971Delhi1B

..... of filth, rubbish and obnoxious or pollutive matters',for the c.c. colony, as they were statutory duties cast upon the respondents, by virtue of section 42 of the delhi municipal act. the petitioners averred in the writ petition that the corporation is not entitled to recover proper taxes from the owners of the buildingsin. the colony unless and until it is ..... by which the lay-out plan. submitted by the petitioner-society was approved and sanctioned; and secondly, on the ground that the provisions in section 42 of the delhi municipal corporation act arcmandatory. we however, pointed out that the obligations or duties cast upon the corporation under the various clauses of the section arise only if the requirements in the relevant clause ..... be directed to take over and maintain the civic amenities and other statutory and public services of the colony which are enjoined upon them by section 42 of the delhi municipal corporation act, 1957, and (2) that the respondents be restrained from levying,charging, demanding and collecting property tax which includes watertax, scavenging tax and general tax unless and until the said ..... that the corporation was bound to take over the services inthe colony and provide all civic amenities to the residents of the colony as required by section 42 of the municipal corporation act,and that the corporation has no right to recover property taxes from the residents of the colony unless and until it performs its duties and provides civic amenities in .....

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