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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1971 Page 3 of about 125 results (0.239 seconds)

Oct 21 1971 (SC)

Union of India (Uoi) Vs. Shri Harbhajan Singh Dhillon

Court : Supreme Court of India

Decided on : Oct-21-1971

Reported in : AIR1972SC1061a

..... defined 'annual letting value' in the city of bombay as meaning the rateable value of buildings or lands as determined in accordance with the provisions of the city of bombay municipal act, 1888. section 22 which was the charging section provided that there shall be levied and paid to the provincial government a tax on buildings and lands called the urban immovable ..... lands and buildings' should be construed as taxes on lands and taxes on buildings.'173. it may not be out of place to note that the vires of the punjab urban immovable property act of 1940 which contained somewhat similar provisions was challenged before the federal court of india in ralla ram v. province of east punjabi [1948] f.c.r. 207 ..... april 1, 1970 and for all subsequent assessment years, thus including agricultural land in the definition of assets.91. the respondent filed a writ petition in the high court of punjab, from out of which the present appeal arises, challenging the validity of the amendment by which the non-inclusion of agricultural land from the assets of an assessee was done ..... an appeal from a judgment of a bench of five judges of the high court of punjab and haryana holding by a majority of four to one that section 24 of the finance act of 1969 amending the definition of 'net wealth' in the wealth-tax act (no. 27 of 1957) by the inclusion of agricultural land in the assets for the purpose .....

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May 17 1971 (HC)

Krishna Brick Field Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : May-17-1971

Reported in : [1972]29STC15(All)

..... case, which has already been noted above, can be of little help to the respondents. wanchoo, c.j., after a brief review of the history of municipal acts in our country observed that according to our history there is a wide area of delegation in the matter of imposition of taxes to local bodies subject to controls ..... 717.40. in the corporation of calcutta v. liberty cinema a.i.r. 1965 s.c. 1107 the attack was directed against section 548(2) of the calcutta municipal act, 1951, which provided that for every licence or written permission (for running cinema houses etc.) ' a fee may be charged at such rates as may from time ..... and that it was not suprising that the assam legislature levied tax on the said two articles. the other case, devi dass gopal krishnan v. state of punjab a.i.r. 1967 s.c. 1895 has already been considered above and need not be gone into again.48. the learned counsel for the respondents further ..... and, therefore, the powers delegated to the state government in section 3-a(1) and (2) of the act are neither excessive nor unwarranted has no force. in messrs devi dass gopal krishnan v. state of punjab a.i.r. 1967 s.c. 1895 such an argument was raised before the supreme court but rejected. (see ..... authorities, e.g., the state government.29. in m/s. devi dass v. state of punjab [1967] 20 s.t.c. 430 (s.c.) one of the points raised was that section 5 of the east punjab general sales tax act, 1948, was void because it gave an unlimited power to the executive to levy sales tax .....

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Apr 19 1971 (HC)

The Model Town Welfare Council, Ludhiana Vs. Bhupinder Pal Singh

Court : Punjab and Haryana

Decided on : Apr-19-1971

Reported in : AIR1973P& H76

..... tenant to hand over possession of rented land for purposes other than carrying on his own business came up for consideration before khosla, a. c. j. and dular, j., in municipal committee, abohar v. daulat ram, ilr (1959) punj 1131. the learned judges held that the expression 'use' in section 13(3)(a)(ii)(a) has not been defined or restricted ..... only other question which requires determination is whether the learned district judge was justified in holding that according to the relevant provisions contained in section 13 of the east punjab urban rent restriction act even if the premises happened to be rented land, the petitioners were not entitled to claim eviction because the conditions laid down in sub-clause (iii) of sub ..... , 1967. he can, however, justify not taking up the plea in question at that stage on the same ground viz. that the judgment of this court in the case of municipal committee abohar, (ilr (1959) punj 1131) was known to hold the field till then. but he has no valid justification for not raising an objection to that effect when he ..... . in fact at the last date of hearing the society produced a plan of the library building duly sanctioned by the municipal committee, ludhiana. this plan was sanctioned under the order of the administrator of the municipal committee dated 19th october 1970. according to this sanctioned plan, a library hall with an attached verandah together with an office and a store, was .....

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Jul 28 1971 (HC)

Municipal Council, Kharsia and anr. Vs. State of Madhya Pradesh and or ...

Court : Madhya Pradesh

Decided on : Jul-28-1971

Reported in : AIR1972MP34; 1971MPLJ905

..... sc 107. in that case, their lordships considered the nature of the power of appointment of an executive officer conferred by section 53-a of the c. p. and berar municipalities act, 1922, and held that power to be administrative in nature. this view was taken on the basis that the said power was not drastic in nature as it did not ..... in dispute and it is necessary to state them for proper appreciation of the controversy between the parties.3. the said council is a class iv municipality constituted under the m. p. municipalities act, 1961 (hereinafter called the act). the last general elections of this council were held in june, 1969 in which eleven councillors were elected. six of the councillors elected belonged to ..... where their lordships pointed out that the considerations for holding that the power under section 53-a of the c. p. and berar municipalities act was administrative do not apply to section 422 of the m. p. municipal corporation act. the same reasoning would hold good in the present case as section 328 is analogous to the provision made in section 422 of the ..... and suraj parkash v. state of punjab, air 1968 delhi 30.12. in the state of maharashtra v. babulal kriparam takkamore, air 1967 sc 1353 the subject-matter of consideration was section 408 of the city of nagpur corporation act, 1950, which contained a provision on the same lines as section 328 of the m. p. municipalities act, 1961. their lordships held that an .....

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Dec 07 1971 (HC)

Om Prakash Vs. the Director Postal Services (Posts and Telegraphs Depa ...

Court : Punjab and Haryana

Decided on : Dec-07-1971

Reported in : AIR1973P& H1

..... rs. 500/-with two sureties under section 4(1) of the madras probation of offenders act, (3 of 1937), which provision, of the act. acting under rule 3 of the rules regulating the conditions and tenure of municipal employees, the municipal council issued a memorandum to aiyar to show cause why his service should not be ..... and not the conviction.19. a division bench of this court (gurudev singh and a. d. koshal jj.) has also held in rajinder singh v. punjab state 1969 cur lj 821(punj & har.) that neither the language of article 311(2) of the constitution, nor the relevant service rules indicate that as ..... police force on his having been convicted in the above mentioned case. that action was taken under sub-rule (2) of rule 16.2 of the punjab police rules, 1934. there was some dispute in that case about the applicability of the unamended or the amended sub-rule (2) of rule 16.2 ..... case no. 153/67 (spe ambala f. i. r. no. 44/66) by the court of shri s. k. jain, special judicial magistrate, 1st class punjab, patiala on march 20, 1969 in connection with submission of false medical reimbursement claims by him; 1. the undersigned, now, therefore, dismiss shri om prakash son ..... was 'that on account his (iqbal singh's) conviction, he could not suffer the disqualification of incurring dismissal' under punjab police rules because of the provisions of section 12 of the act.the writ petition of iqbal singh was allowed because (i) the order of dismissal had been based merely upon his conviction .....

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Jan 06 1971 (HC)

Raghunath Vs. Sushil Kumar

Court : Delhi

Decided on : Jan-06-1971

Reported in : AIR1972Delhi33

..... not contended and it could not have been contended on behalf of the petitioner that the land under the shop does not belong to the municipal committee. to such land the notification mentioned in paragraph 7 of the impugned appellate judgment would by applecable. the virus of the notification is ..... as such. ex. pa does not mention the purpose of letting. the property described therein is however, clearly 200sq. yards of land belonging to the municipal committee, nahan. the learned counsel for the petitioner has referred me to : [1967]2scr50 (after singh v. inder kumar) in order to support ..... /1. a significant condition of the lease was that the present petitioner agreed to give the vacant possession of the land back to the municipal committee on being served with a month's notice. he was to pay rent only against written receipt and no oral plea that he ..... not impugned before me. according to that notification the provisions of the act have been expressly made inapplicable to the land owned by a municipal committee.6. the present case bears sufficient similarity to the one reported in (1970) 72 pun lr 431 ( ..... punjab urban rent restriction act, 1949 (act iii of 1949) hereinafter referred to as the act, which was made applecable to himachal pradesh, is concerned with two hundred square yards of land taken on lease by the present petitioner in terms of the document ex. pa. 2. the document was executed on the 2nd of october 1957. the municipal .....

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Nov 09 1971 (HC)

Madhav Sakharam Jondhale Vs. the Sangamner Municipality

Court : Mumbai

Decided on : Nov-09-1971

Reported in : (1973)ILLJ330Bom; 1972MhLJ775

..... can be distinguished, because whereas under proviso (1) to s. 46(e) of the bombay district municipal act, 1901, with which we are concerned, no rule made by the municipality can have effect unless and until it is approved either by the state government or the commissioner, as the ..... decisions, we must look at rules 177 & 217 of the sangamner municipality rules framed by the respondent municipality. section 46(e) of the bombay district municipal act, 1901 under which the rules are framed provides, to the extent relevant, that every municipality shall, after the constitution thereof, make and may from time to ..... which are, in their nature, variable. such rules are undoubtedly meant to be observed and we expect that public bodies, like the municipalities, will act with a sense of fairness and responsibility and not flout with impunity the wholesome rules which are a reiteration of the principles of natural ..... of the opinion that, with respect, this special civil application was not correctly decided and that, on principal, the decision in the broach municipality case was indistinguishable. the fundamental error of the decision lies in equating the provisions of a rule, directory in character and alterable from time ..... vires, mala fide and of no effect and that the appellant continued to be a professor of the university. agreeing with the decision of the punjab high court that the award disclosed an error on the face of it and had, therefore, to be set aside, the supreme court observed .....

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Nov 18 1971 (HC)

Union of India and ors. Vs. Lachmi Narain

Court : Delhi

Decided on : Nov-18-1971

Reported in : ILR1972Delhi475; [1973]32STC113(Delhi)

..... no publication of the proposal and the draft rules in respect of the water tax as provided by s. 131(3) read with s. 94(3) of the u.p. municipalities act. further it was contended that as the provision of s. 131(3) was mandatory and was not complied with, action taken for the imposition of title tax was had for ..... and that act no. 19 of 1952 which amended section 5 with retrospective effect could not breathe a new life into ..... and others (with other connected appeals), : [1967]3scr557 , a contention was raised that section 5 of the east punjab general sales tax act, 1948 was still-born and was void on the ground that it conferred essentially legislative power on the provincial government ..... laws act (supra) (s) observed at page 301 that in executive authority could be authorised to modify either existing or future laws but not in an essential feature. further what constituted an essential feature could not be enunciated in general terms nut it could not include change of policy.(39) in m/s. devi das copal krishnan v. the state of punjab .....

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Jun 01 1971 (HC)

Smt. Rajkumari Soni Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Decided on : Jun-01-1971

Reported in : AIR1972HP1

..... eviction as trespassers and to claim damages from them. even the occupants could not be proceeded against, under section 13 (2) of the east punjab urban rent restriction act, 1949, without proof of all essentials of an agreement constituting a lease. the applicant-landlady had however, by omitting the actual occupants from the array ..... his subordinates.17. the learned counsel for the respondents has also placed reliance on air 1962 sc 554. dr. h. s. rikhy v. new delhi municipal committee and this case has already been referred to by the appellate authority in its order whereby the order of the rent controller was set aside. it ..... of rent or fees in a public market, cart-stand or slaughter-house or of rents for shops has been farmed out or leased by a municipal, town or notified area committee.' from a bare reading of the definition of the word 'tenant' it would appear that any person by whom or ..... lease in dispute. relying on k. p. chowdhry v. state of madhya pradesh air 1967 sc 203 and dr. h.s. rikhy v. new delhi municipal committee, air 1962 sc 554, he held that there was no contract between the appellant and the respondents transferring the lease rights in favour of the appellant ..... application for eviction of the union of india and the himachal pradesh administration, a revision was filed under section 15 (5) of the east punjab urban rent restriction act by the landlady. before the learned judge in revision it was contended that it was not necessary that in every case there should be .....

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Oct 21 1971 (HC)

Santokh Singh Karam Singh of Malout Vs. the Punjab State and anr.

Court : Punjab and Haryana

Decided on : Oct-21-1971

Reported in : [1973]31STC77(P& H)

..... , the assessee. later on, the tenancy rights were acquired by the assessee-firm from the municipal committee. upto 22nd july, 1954, the rent of the premises was paid by the transferor-firm.3. the assessing authority took the view that ..... rs. 2,044-5-0. the premises in dispute in which messrs. sunam ral deviditta mal were carrying on their cloth shop belonged to the municipal committee. the tenants of these premises, messrs. sunam ral deviditta mal also parted with the tenancy rights in favour of messrs. santokh singh karam singh ..... by messrs. sunam ral deviditta mal to messrs. santokh singh karam singh was transfer of business within the meaning of section 17 of the act and all purchases made on the registration certificate of the transferor-firm were treated as the gross turnover of the transferee-firm with the result ..... on such business either in its old name or in some other name, the transferee shall for all the purposes of this act (except for liabilities under this act already discharged by such dealer) be deemed to be and to have always been registered as if the certificate of registration of ..... assessee then preferred a revision petition to the excise and taxation commissioner, punjab, but without success. a further revision petition to the financial commissioner, punjab, also failed. the assessee then made an application under section 22(1) of the act requesting the financial commissioner to refer as many as eight questions of .....

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