Court : Delhi
Decided on : Jan-13-1972
Reported in : ILR1972Delhi649; 1973LabIC754
..... municipal committee could be allowed to be superseded there must always exist reasons for the government to come to that conclusion. a statutory ..... to the requisite conclusion in the notification itself. the decision of the state government is not subject to appeal. as a result of the notification under s. 238 of the punjab municipal act, drastic consequences ensue. the orders of the state government are subject to scrutiny by this court in exercise of its writ jurisdiction within certain limits.(22) dua j. ( ..... . 1 also referred to a bench decision of punjab high court in the municipal committee, kharar, district ambala v. the state of punjab wherein while dealing with a somewhat similar question relating to the requirement of recording reasons in support of an order under section 238 of the punjab municipal act (3 of 1911) for superseding a municipal committee, narula j. had observed that before a ..... impugned notification.'(23) this case was followed by a full bench of this court in swaj parkash v. state of punjab (1968) delhi 7 where dua j. observed:- 'i have once again scrutinised the scheme of the punjab municipal act in my endeavor to see if there is reasonable ground for holding action under section 238 to be purely administrative so .....Tag this Judgment!
Court : Delhi
Decided on : Jan-14-1972
Reported in : 8(1972)DLT238
..... have before them the reasons for which it was intended to increase the rateable value. (9) the legality and competence of a notice issued under section 67(1) or the punjab municipal act of 1911, which provision was similar to section 126 with which i am dealing, came in for consideration before a division bench of this court in new delhi ..... plot was owned by the central government and the property was not liable to property-tax and that they had also preferred an appeal under section 169 of the delhi municipal corporation act, which was later on dismissed as withdrawn because they did not deposit the amount of tax, the depositing whereof would have entitled them to the hearing of the appeal ..... act.' it is clear that the defendants urged that they had served a notice under section 126 of the delhi municipal corporation act, 1957 (hereinafter called 'the act') and having received objections issued a call letter to the plaintiffs. the defendants admitted in terms of their ..... to m/s veer & co. the total rent realised per month comes to rs. 135.00. it is submitted that in accordance with the provisions of the dmc act m/s veer & co. is the person primarily liable for the payment on municipal taxes. in this respect the definition of the word 'owner' may kindly referred to as given in the said .....Tag this Judgment!
Court : Delhi
Decided on : Sep-15-1972
Reported in : ILR1973Delhi237
..... law, ordinance, order, by-law, rule or regulation.' the question for consideration is whether the corporation act is an 'existing law' within the meaning of article 305. (34) the punjab municipal act no. 3 of 1911, came into force in 1911. it applied to delhi. section 61 of the said act provided for imposition of taxes. section 62 laid down the procedure. at that time, there was ..... that the terminal tax was being levied by virtue of a notification issued under the punjab municipal act before the constitution came into force and the same continued to be levied under the same notification till april, 1958, after the constitution came into force. but, from and after ..... no entry regarding terminal tax in the then constitution act. however, octroi was being collected at that time. on february ..... even before the constitution came into force, that the same continued to be levied after the constitution for some time under the punjab municipal act and thereafter under the present corporation act. and that the provision in section 178 of the corporation act is, thereforee, an 'existing law' which is saved by article 305. there is no force in the said contention. it is true .....Tag this Judgment!
Court : Delhi
Decided on : Dec-22-1972
Reported in : ILR1973Delhi886
..... question then arises as to whether any bar is to be implied by necessary intendment. in this connection, it would be interesting to notice that in the preceding act punjab municipal act iii of 1911, section 86 provided that no objection shall be taken to any valuation or asesssment, nor shall the liability of any person to be assessed or taxed be questioned in ..... trade or it is compensatory or regulatory.(18) the terminal tax in delhi is not a new tax. it had been imposed by the delhi municipal committee and other bodies under the punjab municipal act iii of 1911 and had long been in force and was being collected by the various local authorities operating in delhi in their respective territories except new delhi, these ..... various local authorities mentioned in the second schedule of the act were taken over by the municipal corporation of delhi under the act. provisions were, thereforee, made for ..... mr. chopra has relied upon a full bench decision of the high court of punjab in kelash nath vs. municipal committee batala, . that case turned on the construction of the language in section 84 of the punjab municipal act mentioned above, a provision corresponding to which is absent in the present act. in this case itself the court noticed an illustration given by achhru ram, .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-16-1972
Reported in : 44CompCas154(P& H)
..... 161,. in the latter case, it was held that even if remedy by way of appeal under section 84 of the punjab municipal act, 1911, against an order passed under section 81 of that act had not been availed of, the high court can interfere by invoking the revisional jurisdiction under sub-section (1) of section ..... lay in view of the provisions of section 439(5), criminal procedure code, because under section 84 of the punjab municipal act, 3 of 1911, an appeal against the assessment or levy of any tax under the act lay to the deputy commissioner or to such other officer as might be empowered by the local government ..... of the code entertainable the earliest case which has been cited is maya das v. municipal committee, chiniot, a.i.r. 1927 lah. 161. in that case, an order was passed under section 81 of the punjab municipal act by a magistrate directing for issue of warrants of attachment of property of a defaulter lessee ..... . an appeal lay from the order of the magistrate to the deputy commissioner under section 84 of the municipal act. no appeal was filed. resort was had to ..... cr. l.j. 796 (punj.). in that case, the accused committed offence under sub-section (1) of section 61 of the punjab excise act, 1914. the chief judicial magistrate, narnaul, who tried the case did not impose punishment envisaged under the said provision of the excise .....Tag this Judgment!
Court : Delhi
Decided on : Aug-17-1972
Reported in : AIR1973Delhi84
..... of the statuary period of sixty days fixed by section 193 (4), punjab municipal act .......... after the expiry of that period the application must be deemed to have been sanctioned.'14. the contention of the learned counsel for the petitioners ..... deemed to have been sanctioned. dealing with the contention the court observed. '......... there is not doubt that the municipal committee has no power left to issue a notice under section 195 punjab municipal act after a sanction to build was either given by it or is deemed to have been given by the lapse ..... sanction of a layout plan but the same was not sanctioned within the stipulated period of 60 days as provided in section 313 of the delhi municipal act, 1957 which section envisages that not person shall utilise, sell or otherwise deal with any land or layout or make any new structure without ..... was communicated to the petitioner within 30 days by the relying upon the provision in section 321 (11) of the district municipalities act, the petitioner assumed that this application had been allowed and put up the machinery. subsequently on july 31 964 the concerned ..... support their view point.' reliance was also placed on p.k. ramaswamy v. municipality of coimbatore (1986) 1 mlj 199. in that case the petitioner applied to municipal on 27th april, 1961 under section 250 of the district municipalities act for permission to install machinery for stating a flour mill in his premises. no .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-22-1972
Reported in : (1973)2CTR(SC)132
..... the period from april 1, 1958 to march 31, 1959. one september 4, 1959, the new delhi municipal committee, the respondent here, purporting to act under sec. 67 of the punjab municipal act, 1911, hereinafter refer to as the act, issued a notice to the appellant stating :this is to inform you that your building mentioned at the back ..... of this letter has been completed and is in fact occupied from 1-7-1958 and ought to be assessed to house tax by amending the list for 1959-60 under sec. 67 of the municipal act, 1911 ..... taxed for the year which commenced from april 1, 1959, and ended on march 31, 1960. the majority overruled the argument of the appellant that the municipal committee had no jurisdiction to amend the assessment list after the list was finalised on march 31, 1959.10. it was contended for the appellant that ..... 20, 1959, and impose house tax on the building for the year 1959-60.6. chapter v of the act deals with taxation. section 61 specifies the taxes which might be imposed by a municipal committee and one such tax is a tax payable by an owner of building and land. section 62 lays ..... mathew, j. - the appellant, punjab national bank limited is the owner of a building bearing municipal no. 5. parliament street, new delhi. after completion, of its construction it was occupied on july 1, 1958. the building was not .....Tag this Judgment!
Court : Delhi
Decided on : Dec-12-1972
Reported in : AIR1973Delhi297
..... by the controller but also its fixability under the delhi rent control act. 1958 would afford a guideline to the municipal assessing authority.11. another distinction between the relevant provisions of the delhi rent control act, 1958 and the relevant provision of the delhi municipal corporation act, 1957 and the punjab municipal act, 1911 is that while the former apply only when premises are let ..... concerned with the control of rent payable by the tenant to the landlord, the relevant provisions of the delhi municipal corporation act, 1957 including section 116 thereof and of the punjab municipal act. 1911 including section 3 (1) (b) thereof are concerned with totally different object namely the determination of fair letting namely value by the corporation for assessing the ..... amount of house tax payable to the corporation or the municipality. while the contractual rent is binding on the landlord and the tenant ..... and the tenant there is no statutory determination of the standard rent under the delhi rent control act. 1958 in view of the decision in m. m. chawal v. j. b. sethi, : 2scr390 , referred to above. but as between the municipal assessing authority and the assessed, the criteria for the determination of the standard rent laid down .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-22-1972
Reported in : AIR1973Raj187; 1972()WLN1052
..... 1968 sc 1344 their lordships distinguished the earlier case decided by their lordships: ram dial v. state of punjab, air 1965 sc 1518 and observed that in ram dial's case the punjab municipality act which was under consideration contained two provisions for the removal of a pramukh in the public interest: by one ..... 154. in our opinion that authority has no application to the present case inasmuch as in that case section 422 of the madhya pradesh municipal corporation act. 1956 under which the order of supersession was passed itself provided that 'such order shall be published in the gazette and the reasons for ..... counsel for the petitioner has placed strong reliance on air 1970 madh fra 154. that was a case of supersession of municipal corporation under section 422 of the madbya pradesh municipal corporation act, 1958, for a period of one year, the learned judges of the madhya pradesh high court came to the ..... of mrs. ushi khan, wife of shri barkatullah khan and were found useless and unserviceable.the petitioner goes on to state that the various municipalities passed resolutions condemning the deal and the petitioner exposed this scandalous deal in the rajasthan assembly. in this connection it has been stated that in ..... bring us back to the decision of the privy council in durayappah's case (1967) 2 ac 337 (supra). in that case a municipal council was dissolved by an order of a minister without following the requirements of natural justice and it was held by the privy council that the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-03-1972
Reported in : AIR1972SC865; (1973)2SCC265; 1972(4)LC696(SC)
..... the agreed rate) from the said person or his successor in interest in such land in the manner provided by section 222 of the municipal act, and, if not so recovered the chairman may, after giving public notice of his intention to do so and not less than ..... scheme in 1961 under section 24 read with section 28(2) of the punjab towns improvement act, (no. iv), 1922 (hereinafter called the act). the scheme covered an area measuring approximately 128 acres within the boundaries of the municipality of amritsar. it was framed vide resolution no. 125 dated november 10, 1961 ..... . notice under section 36 of the act was issued on november 21, 1961 and was published in three consecutive issues of the punjab govt. gazette in december, 1961; it ..... committee amritsar is in accordance with section 36(2)(b) of the act ..... was duly published in the daily tribune and milap as well. a copy of the said notice along with survey plan of the area was also sent to the president and to the medical officer of health, municipal .....Tag this Judgment!