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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1982 Page 1 of about 155 results (0.111 seconds)

Jun 04 1982 (HC)

Sohan Lal Verma Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jun-04-1982

Reported in : AIR1983P& H62

..... delayed this case because of his vested interests and thus abused his powers. (iv) that he allotted some land at the bus stand on tehbazari under section 173 of the punjab municipal act, 1911. he passed these orders although he was not competent to do so. (v) that vide resolution no. 357 dated 30-1-1980 shri sohan lal verma, president deprived 2 ..... , barnala--to which office he was elected in august, 1979--by respondent no. 1, the state government, in exercise of its powers under section 22 of the punjab municipal act, 1911(for short, the act). the undisputed facts leading to the passing of this order dated oct. 29, 1981(annexure p-3), are as follows :2. on a complaint dated jan. 16, 1981, received ..... vote. this again constitute abuse of his powers. now, therefore, in exercise of the powers conferred under section 22 of the punjab municipal act, 1911, the governor of punjab is pleased o remove the said shri sohan lal verma from the presidentship of the municipal committee, barnala, in the sangrur district, from the date of publication of this notification in the official gazette.' though the ..... full bench, after noticing the contents of the impugned order which ran as 'whereas the governor of punjab after giving an opportunity to shri bhagat ram patanga, member municipal committee, phagwara of tendering an explanation under the proviso to section 16 of the punjab municipal act, 1911, is satisfied that the said shri bhagat ram patanga has flagrantly abused his position as a member of .....

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May 28 1982 (HC)

Daya Wanti Punj and ors. Vs. New Delhi Municipal Committee and ors.

Court : Delhi

Decided on : May-28-1982

Reported in : AIR1982Delhi534; 22(1982)DLT26

..... . the ndmc's counter-affidavit on this point is delightfully vague. nothing has been said in particular about these cases cited by the petitioners. (23) section 193(2) of the punjab municipal act, 1911 says ; 'thecommittee may refuse to sanction the erection or re-erection of any building for any other reason, to be communicated in writing to the applicant, which it deems to ..... august 1971. the ndmc rejected those plans on 15th september 1971 'for want of lesser's i.e. the government's consent as required under section 193(2) of the punjab municipal act. 1911.' the petitioners are aggrieved on two counts, one against the lesser that he, inspire of repeated demands has not given to them the terms on which he would permit the ..... rightly or wrongly the plans have been rejected. there is no neglect, no omission. the right course for the petitioners was to prefer an appeal under section 225 of the punjab municipal act against the refusal of the ndmc under section 193 to sanction the erection or re-erection of a building. the legal fiction by a deeming provision assumes a putative state ..... 5th august 1971 to ndmc. these plans were rejected on 15th september 1971 'for want of lessers i.e. government's consent as required under section 193(2) of the punjab municipal act.' the petitioner's case is that this rejection is worngful. they plead discrimination. it is said that in the case of other building plans submitted by other parties in respect .....

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Mar 12 1982 (HC)

Gobind Pershad Jagdish Pershad Vs. New Delhi Municipal Committee

Court : Delhi

Decided on : Mar-12-1982

Reported in : AIR1982Delhi319; 22(1982)DLT99; 1982(3)DRJ199; 1982RLR340

(1) punjab municipal act, 1911, s.171 section 171(4) is an 'existing law' within the meaning of clause(5) of article 31 of the constitution. by its mere extension to the area of jnew delhi municipal committee by a notification issued on june 3, 1958 it does not become a new law. passages in cannaaght place, gonnaught circus and radial roads are 'public streets:

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Mar 22 1982 (HC)

Jagdish Rai Vs. the States of Haryana and ors.

Court : Punjab and Haryana

Decided on : Mar-22-1982

Reported in : AIR1982P& H342

..... , annexure 'b' to the petition, the relevant portion whereof is reproduced here :'no.9346-3/ci-70/34215.--whereas the land specified below is required for the purpose of the punjab municipal act, 1911, namely, for the construction of shopping centre and public park at bahadurgarh, tehsil jhajjar, district rohtak.and whereas in pursuance of the provisions of s. 58 of the said ..... by now been well understood not only in legal annals but by public at large. the acquisition for the purposes of punjab municipal act would in any event be statutory purposes and would collate with 'public purposes' as well. in a given case, a particular purpose might fall under both the expression and in ..... that askance by the committee for the acquisition of the land. for constructing a shopping centre and a public park were for the purposes of a punjab municipal act.8. now s. 4 of the land acquisition act authorises the appropriate government to issue a preliminary notification thereunder as a step towards acquisition of land for any public purpose. the expression 'public service' has ..... counsel for the petitioner has raised only two points before me in support of the petition; (1) that s. 52 of the punjab municipal act the equivalent of which is s 57 of the haryana municipal act, 1973, does not authorise expending of municipal fund for the construction of a shopping centre though it does authorise the creation of a public park (on the score of .....

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Aug 02 1982 (HC)

Jagdish Rai and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Aug-02-1982

Reported in : AIR1983P& H87

..... for a period of one year with effect from that date in the purported exercise of power under section 238 of the punjab municipal act, 1911(for short, the act).2. the case of the petitioners is that lal singh husband of respondent no. 3, smt. rajinder kaur bhattal (minister of state in the present government) contested election against petitioner ..... of lack of bona fides and causing harm to others or undeservedly benefiting another.7. while interpreting a somewhat similar provision of the madhya pradesh municipalities act (s. 328) a division bench of the said court in dhamtari municipality v. state, air 1972 madh pra 142 assigned the same meaning to the above-noted phrase. it deserves to be highlighted that none of ..... on monthly basis. on receipt of certain complaint by the chief minister with regard to the abuse of power by the municipal commissioners in he auctioning of these plots the former ordered an enquiry through an officer of the local govt. punjab.3. the case of the petitioners further is that prior to the holding of this enquiry in pursuance of this ..... on and the rules made thereunder.'a bare reading of section 238 of the act which has been reported above indicates that these two grounds 'abuse of powers' and 'incompetent to perform the duties' are two alternative and independent grounds--mutually exclusive of each other--of which a municipal committee can be held guilty. it is not essential that a committee which .....

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Mar 15 1982 (HC)

Jagir Singh Mohinder Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Mar-15-1982

Reported in : AIR1983P& H315

..... terms of sub-section (3) of section 121 of the punjab municipal act, 1911, hereinafter referred to as the act, in regard to the persons engaged in a trade or calling of the kind envisaged in sub-section (1) of s. 121 of the act, and notified through notification dated 15-3-1980, published in the punjab government gazette on 4-4-1980, has been impugned in ..... 895, before their lordships, the infraction of the provisions of s. 131(3), read with section 94(3), of the u. p. municipalities act (2 of 1916) was highlighted. sub-section (3) of s. 94 of the u. p. act was in the following terms :'94(3). every resolution passed by a board at a matter shall, as soon thereafter as may be ..... cinema, air 1965 sc 1107, which pertained to levy of licence fee on cinema under section 548(2) of the calcutta municipal act (33 of 1951). before their lordships, the question posed by the petitioner and refuted on behalf of the municipal committee was in the following terms :'the levy authorised by ss. 443 and 548 was a fee in return for services ..... mills co. ltd., bangalore v. corporation of the city of bangalore, air 1962 sc 562, where there was non-compliance of section 98(2) of the city of bangalore municipal corporation act (69 of 1949) in that taxation proposal was not notified in the government gazette, held that the said non-compliance with the provision in question was not fatal to the .....

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Aug 02 1982 (HC)

Pawan Kumar Vs. Ruldu Ram and anr.

Court : Punjab and Haryana

Decided on : Aug-02-1982

Reported in : 1983CriLJ180

..... discharge of his official duties.6. the petitioner is the executive officer of the municipal committee. it is one of the functions of the executive officer to see that the provisions of section 76 of the punjab municipal act, 1911, are being complied with. section 4 of the punjab municipal (executive officer) act. 1931, in fact, invests the executive officer with the power of carrying on ..... the administration of the municipal committee. therefore, when he checks a person importing goods in the municipal committee to see as to whether the necessary octroi tax ..... has or has not been paid, he acts within the four corners of his ..... functions. even if he wrongly assesses the tax or imposes penalty in excess of his powers, such recovery of the tax and penalty would be an act performed in the discharge .....

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Sep 10 1982 (HC)

Smt. Raj Kumari Nanda Vs. Commissioner of Income-tax, New Delhi

Court : Delhi

Decided on : Sep-10-1982

Reported in : [1984]146ITR66(Delhi)

..... 1922, did not include sums paid by tenants to the owner on account of house tax payable by the owner to the municipal committee of delhi under notification issued pursuant to the provisions of the punjab municipal act, 1911. commenting further on s. 9, which was the provision for taxation under the head 'property',it was noticed that under that provision 'the tax shall be ..... had been arrived at and whether the decision of this court in dewan daulat rai kapoor v. new delhi municipal committee , had been followed or not followed in determining the annual retable value under the municipal act. 9. in mrs. sheela kaushish v. cit : [1981]131itr435(sc) , the supreme court has clearly laid down that in areas in delhi where rent control law ..... representing the sum for which the property might reasonably be expected to let from year to year. referring to s. 10 of the act it was held that the legislature made no allowance u/s. 9 for the municipal houses tax payable by the owner, whereas such an allowance was made in the case of taxation under the head 'business' u/s ..... annual letting value. the tribunal further held that there was nothing in the language of s. 23 of the i.t. act, 1961, to suggest that the annual value of the property as received should be ignored and the municipal value only should be adopted even though it was less. accordingly, the tribunal held that the annual letting value of the property .....

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Jul 29 1982 (HC)

Ganesh Chandra Mukherjee Etc., Etc. Vs. National Textile Corporation a ...

Court : Kolkata

Decided on : Jul-29-1982

Reported in : (1983)ILLJ244Cal

..... supersession under section 238(1) of the punjab municipal act. mr. mukherjee has also, with the leave of the court, relied on an unreported decision of the madhya pradesh high court made in the case of yog raj ..... : [1981]1scr746 . in the said decision, the supreme court has held that although opportunity of hearing as provided for in section 16 of the punjab municipal act has not been expressly given in 5.238(1) of the punjab municipal act empowering the concerned authority to supersede a municipal committee before its full term, the principle of natural justice is still attracted and as the ..... municipal committee has certainly right to serve for the complete term unless superseded, the principle of audi alteram partem is applicable before taking any action of ..... into the service. the service conditions of such employees, therefore, are matters of contract and breach of such contract cannot be enforced in the writ jurisdiction. referring to the sirsi municipality's case relied on by mr. chakraborty (supra), mr. sengupta has contended that the decision made in the said case can also be distinguished. in the aforesaid case, .....

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Dec 20 1982 (HC)

National Assn. of Motion Pictures Exhibitors, Delhi Vs. Union of India ...

Court : Delhi

Decided on : Dec-20-1982

Reported in : ILR1983Delhi691

..... not a subordinate authority like i he central government. similar was the vew which was accepted in state of a.p. v. new delhi municipality : air1975delhi223 wherein after referring to mithan lal's case (supra) and discussing the nature of the legislation like punjab municipal act as applicable to delhi, it was observed that 'it is thus clear that on the extension of the ..... act to the union territory of delhi by the various central legislative enactments referred to above, it became a central act or an act of parliament as if made by virtue of power of parliament ..... , the rates at which it is to be charged in respect of different classes of goods, and the like'. in : air1959sc586 the authority given to the municipality to impose taxes for purpose of implementing the municipality act was held to be a sufficient guidance for the imposition of tax, and not to suffer from excessive delegation. in union of india v. bhanamal guizarimal ..... , be called unregulated or arbitrary and is not invalid on that ground.'in corporation of calcutta v. liberty cinema ; : [1965]2scr477 section 448 of the calcutta municipal act provided that every license granted under the act shall specify a tax or fee which may be charged at such rate as may from time to time be fixed by the corporation. by a resolution .....

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