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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1974 Page 1 of about 88 results (0.086 seconds)

Sep 12 1974 (HC)

Durga Dass and ors. Vs. Dharam Vir and ors.

Court : Punjab and Haryana

Decided on : Sep-12-1974

Reported in : AIR1975P& H168

..... appointed shall be deemed to be a trustee as if he had been duly elected by the municipal committee. (5) x x x s. 4-a. during the period of supersession of a municipal committee under section 238 of the punjab municipal act, 1911, the three seats allotted to the municipal committee on the trust under clause (b) of sub-section (1) of section 4 shall be ..... the municipal committee who constitute it at the time of election. election is a process by which representatives of ..... to serve as trustees of the town improvement trust have to be elected by the municipal committee which consists of such number of members not less than 5 as the state government may fix for each municipality, as is provided in section 11 of the punjab municipal act, 1911. it, therefore, follows that the said 3 members have to be elected by all the members of ..... of the majority of the members present at the meeting and respondents 1 to 6 cannot have any objection thereto. sec- tion 29 of the punjab municipal act reads as under:-- 'except as otherwise provided by this act or the rules, all questions which come before any meeting of a committee shall be decided by a majority of the votes of the members present .....

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Jul 24 1974 (HC)

Union Carbide India Ltd. Vs. New Delhi Municipal Committee

Court : Delhi

Decided on : Jul-24-1974

Reported in : 1974RLR643

..... of the bye-law on which reliance is placed before me on behalf of the new delhi municipal committee. the new delhi municipal committee framed bye-laws under sections 188, 189 (iv), 190 and 191 of the punjab municipal act and they are contained in a publication, a copy whereof mr. nayyar has produced. he ..... to prevent fire. clause (e) obviously deals with the line of frontage where the building abuts on a street. clause (f) provides that the municipal committee may prescribe the number and the height of each of the storeys of which a building may consist. clause (g) permits the framing of bye ..... infringed the bye-laws. (4) i must record that mr. nayyar has given conspicuously valuable assistance by producing the bye-laws framed by the new delhi municipal committee and by fairly interpreting the concerned provisions. s. 190 is:- (......) (5) the bye-laws to find protection in the said provision must be ..... parties. it became incumbent upon it to become conversant with the bye-laws which had been allegedly infringed. section 195-a (1) of the act prescribes that where a building is begun in contravention of any bye-law framed under section 190, a notice may be issued requiring that the building ..... courts below to look into the legal aspect as to whether the constructions which were being complained against were 'buildings' within the meaning of the act and if so whether they were being brought into existence in violation of law. (3) before the trial court proceeded to judgment it had recorded .....

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Apr 11 1974 (SC)

Maganlal Chhaganlal (P) Ltd. Vs. Municipal Corporation of Greater Bomb ...

Court : Supreme Court of India

Decided on : Apr-11-1974

Reported in : AIR1974SC2009; (1974)2SCC402a; [1975]1SCR1

..... we are of the view that the decision in northern india caterers ltd. v. state of punjab (supra) does not represent the correct law and must be overruled. the challenge against the constitutional validity 'of chapter va of the municipal act and the government premises eviction act must accordingly be rejected.45. it would on this view appear to be unnecessary to consider whether ..... been introduced in the government premises eviction act by an amendment made by maharashtra act 12 of 1969 whereas no such amendment has been made in ch. va of the municipal act. this amendment was made in the government premises eviction act in consequence of the decision of this court in northern india caterers ltd. v. state of punjab : [1967]3scr399 but that is not ..... material because, so far as the present cases arising under the government premises eviction act are concerned, the proceedings for eviction were ..... this court held section 5 of the punjab public premises and land (eviction and rent recovery) act, 1959 to be void as being in conflict with article 14 of the constitution. the question is whether the ratio of this decision is applicable to the provisions contained in ch. va of the municipal act and the government premises eviction act, and if it is, whether .....

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Feb 05 1974 (HC)

Lalit Behari Vs. Sant Lal

Court : Punjab and Haryana

Decided on : Feb-05-1974

Reported in : AIR1974P& H339

..... of the respective contentions of the parties. it would be necessary to make a reference to the relevant provisions of the east punjab rent restriction act (hereinafter called the punjab act) which is contained in section 13(3)(a)(iii) and this provision reads as follows:--'13(3)(a).--a landlord may apply ..... inefficiency on the part of the draftsman that different phraseology, conveying a different intendment, was used. no reference was made to the scheme of punjab act giving rise to the assumption of complete identity between the legislative intendment of the two law-makers. speaking with respect, we cannot help expressing ..... the petition in the following terms:--'that the building the dispute is in a dilapidated condition and has become unsafe and unfit for human habitation. municipal committee, sirsa, has, vide notice dated 21-2-1969, sought its demolition on the ground that it may fall down at any moment ..... to get a notice issued by the municipal committee in collusion with the president who was related to him with the only object of getting the tenant evicted. in view of this, ..... sirsa, mainly on the ground that the premises had become unsafe and unfit for human habitation and that he had been directed by the municipal committee to demolish the same. the tenant resisted the application and pleaded that the building was fit for habitation and that the landlord had managed .....

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Apr 26 1974 (HC)

Mithan Lal Vs. Sultan Singh Etc.

Court : Delhi

Decided on : Apr-26-1974

Reported in : ILR1974Delhi375

..... the property sold was situate. the appellant claimed the right of pre-emption only under clauses fourthly, fifthly and sixthly of section 16 of the punjab preemption act. as extended to delhi. clause sixthly was not pressed as the said clause was declared ultra virus of the constitution by the supreme court. the ..... kucha lattu shah, there is a mass of evidence like house-tax bills right from the very beginning and entries in the survey register of the municipal committee prepared more than 60 years earlier and entries in the house tax register which show the plaintiff as the owner of the aforesaid house. even ..... sale deed dated 25-3-1960 registered on 20-6-1960 had sold the ground floor to respondent. sultan singh, which consisted of four godowns bearing municipal nos. 1744, 1745 and 1748 in kucha lattu shah, dariba kalan, delhi. it was further pleaded that the custom of pre-emption prevailed in ..... , 1973, passed by a subordinate judge, first, class, delhi: the plaintiff, mithan lal, claimed a decree for possession by pre-emption of property bearing municipal nos. 1744-1745 and 1747-1748 which is a double storeyed building in two separate suits; one relating to ground floor and the other relating to first ..... appendage to the shops in its present condition. (18) another division bench of the chief court of lahore in raman mal v. bhagat ram (17 punjab record 1895), (4) consisting of stogdon and chatterjee, jj., held that a shop in a bazar cannot be pre-empted as a hoiase, merely because .....

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Nov 08 1974 (HC)

Hanuman Dall and General Mills, Hissar Vs. the State of Haryana and or ...

Court : Punjab and Haryana

Decided on : Nov-08-1974

Reported in : AIR1976P& H1

..... of calcutta v. liberty cinema, air 1965 sc 1107, the validity of the levy made under section 548 (2) of the calcutta municipal act, 1951, came up for consideration before the supreme court and it was held that the levy in question was not a fee in retina for services ..... on every one hundred rupees as value of the agricultural produce bought and sold in the notified market committees under section 23 of the punjab agricultural produce markets act, 1961. the market committees are required to play a vital role in the development of roads for transportation, setting up godowns for ..... market committee's funds for development purposes in accordance with the provisions of the punjab agricultural produce markets act, 1961, it is necessary that the resources of the market committees should oe increased. it was considered absolutely necessary to increase the ..... is provided on every 100 rupees as value of the agricultural produce bought or sold in the notified markets under section 23 of the punjab agricultural produce markets act, 1961. market fee is an important source of income of the market committees. in order to make an increasing use of the ..... by the state government from one rupee to one rupee and fifty paise per every hundred rupees of agricultural produce.'the objects and reasons for enacting the punjab agricultural produce markets (amendment) ac! (no. 13 of 1974) were expressed as under :---'.....to provide link roads, culverts and bridges in the .....

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Oct 09 1974 (HC)

Dr. Harkishan Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Oct-09-1974

Reported in : AIR1975P& H160

..... law made before the appointed day for the purpose of facilitating its application to the union territory of chandigarh and in exercise of that power the central government issued the punjab reorganisation act, 1966 (chandigarh) (adaptation of laws of state and concurrent subjects) order, 1968 (hereinafter referred to as the adaptation order), by notification dated november 20, 1968, which was published ..... , but nothing herein contained shall be deemed to affect the regulation of house accommodation in any cantonment area.'section 2 (j). 'urban area' means any area administered by a municipal committee, a cantonment board, a town committee or a notified area committee or any area declared by the central government by notification to be urban for the purpose of this ..... comprised in the union territory of chandigarh, by declaring the same as urban area under section 2 (i) of the act or by constituting a municipal committee or a town committee or a notified area committee for these territories. the act was, therefore, not in force in the whole or any part of the territories now comprised in the union territory of ..... chandigarh immediately before the appointed day. under section 88 of the reorganisation act, any law in force immediately before the appointed day .....

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Apr 05 1974 (HC)

Panchsheel Electronic Corporation Vs. Jupitor General Insurance Co. Li ...

Court : Delhi

Decided on : Apr-05-1974

Reported in : 11(1975)DLT79; 1974RLR453

..... the application registered as a suit. the significance of the correct valuation for the purpose of jurisdiction lay, however, in section 39 of the punjab courts act according to which the appeals against decreess or orders passed by a sub-ordinate judge 1st class would lie either to the district judge or to ..... him wrong advice was not believed and thereforee, it was held that sufficient cause under section 5 did not exist. on the other hand, in delhi municipal corporation's case (cited above), the court believed that the counsel for the appellant was in fact under a misconception of law. as the factual situations ..... sincere and genuine, that is to say, it was a real and excusable misconception and was not a mere device to circumvent the law. (21) in municipal corporation of delhi v. bharat oxygen gas company, i. l. r. 1971 i delhi 385, the suit for injunction was valued for court fee at rs ..... on the part of the litigant or an attempt to save limitation in an underhand way.'(18) in state of west bengal v. the administrtor howrah municipality and others, : [1972]2scr874a , the state was not properly advised regarding the remedy to be adopted to challange the judgment in the land acquisition reference ..... 337, the plaintiff appellant had valued the suit for the purpose of jurisdiction at rs. 21,000.00. clearly thereforee under section 39 of the punjab courts act the appeal against the order of the trial court lay to the high court and not the court of the district judge. even then the plaintiff .....

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Jul 22 1974 (HC)

Glacier Cold Storage and Ice Mills and ors. Vs. Assessing Authority, S ...

Court : Jammu and Kashmir

Decided on : Jul-22-1974

Reported in : [1974]34STC426(NULL)

..... that case their lordships were considering the distinction between fee and tax. their lordships however held that no arbitrary power of taxation was conferred by section 548 of the calcutta municipal act so as to attract the operation of article 19(1)(f) of the constitution of india. this case does not appear to be of any assistance to the petitioners in ..... this case are essentially different from the one which was before their lordships of the supreme court, namely, the punjab general sales tax act of 1948.16. we might also mention here that in a later case, in delhi municipality v. b. c. s. & w. mills a.i.r. 1968 3 c, 1232 at 1244, the supreme court itself clearly indicated that the ..... in the matter of fixation of rates by not giving any guidelines, criteria, or limit within which tax had to be fixed. it seems to us that the punjab general sales tax act suffered from a very serious infirmity inasmuch as no ceiling on the rate of tax was at all imposed and, therefore, the government was given an arbitrary power to ..... of the proposition that a blanket power given to the government in that case was struck down. in this case their lordships observed as follows:under sections of the punjab general sales tax act, 1948, as it originally stood, an uncontrolled power was conferred on the provincial government to levy every year on the taxable turnover of a dealer a tax at .....

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Dec 12 1974 (SC)

Sarwan Singh and ors. Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Dec-12-1974

Reported in : AIR1975SC394; (1975)1SCC284; [1975]2SCR1007; 1975(7)LC63(SC)

..... 1. the questions that are raised in these appeals by certificate by mr. b. sen on behalf of the appellants are these:(1) section 59(a) of the punjab town improvement act, 1222 (punjab act 4 of 1922) is ultra vires article 14 of the constitution.(2) the tribunal took absolutely a wrong principle into consideration in determining the compensation of the lands acquired ..... a president and two assessors and the president shall be a person qualified for appointment as a judge of the high court of punjab and haryana. in the schedule attached to the improvement act, further modifications in the acquisition act have been introduced as provided for in section 59. para 10 of the schedule provides for amendment of section 23 of the ..... of ludhiana municipal committee, was acquired for a development scheme of the ludhiana improvement trust (hereinafter called the trust) styled as model town extension scheme no. 1. a notification under section 36 of the punjab town improvement act (hereinafter called the improvement act), which is analogous to section 4 of the land acquisition act, 1894 (hereinafter called' the acquisition act) was published on september 16, ..... a tribunal with two assessors unlike in the acquisition act. the president of the tribunal shall be a person qualified for appointment as a judge of the high court. one of the assessors is appointed by the state government and the other assessor is appointed by the municipal committee and on failure to do so by the committee, by the state .....

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