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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1986 Page 1 of about 132 results (0.087 seconds)

Mar 20 1986 (HC)

Ram Lubbaya Kapoor Vs. J.R. Chawala and ors.

Court : Delhi

Decided on : Mar-20-1986

Reported in : 1986(10)DRJ359; 1986RLR432

..... boundaries described in the first schedule (see section 2(32). section 514 further provides that notwithstanding anything contained in the punjab municipal act 1911 as applicable to new delhi municipality or in any notified area there under the limits of that municipality shall be as described in the first schedule. the combined effect of these provisions would, thereforee, be that the dmc ..... areas which are or may, before the first day of november, 1956, be included in a municipality or a notified area under the provisions of the punjab municipal act, 1911oracantonmentundcrthe provisions of the cantonment act, 1924 (sec section 1, sub-section (2) (a) of the act). (6) relying on this provision the learned counsel for the respondents has canvassed with considerable fervour ..... of the union territory of delhi minus the areas falling under new delhi municipality and delhi cantonment board. however, the operation of the act is restricted further by excluding the areas which were included in a municipality or a notified area under the provisions of the punjab municipal act before the first day of november 1956. the crucial question for determination is ..... the revenue estate of basai darapur not being included in a municipality or a notified area under the punjab municipal act or the cantonment area uptil november 1956 would be still governed by the provisions of the act and the dmc act will not apply to the same because the dmc act came into force much afterwards. in order to appreciate the .....

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Aug 29 1986 (HC)

Rampal Agarwal Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Aug-29-1986

Reported in : AIR1987Raj198; 1986(2)WLN569

..... for determination in s. l. kapoor v. jagmohan, air 1981 sc 136. in that case in exercise of the powers conferred by section 12 of the punjab municipal act, 1911 as applicable to new delhi, the lt. governor of the union territory of delhi by a notification dated september 28, 1979 appointed nine non-official members ..... and four ex-officio members to the new delhi municipal committee to hold office for a period of one year with effect from october 4, 1979. however, well before the expiry of the term for which ..... set aside being violative of natural justice. the aforesaid decision of their lordships of the supreme court was followed in jathedar jagdev singh v. state of punjab, air 1982 punj and har 16. though in the reply filed on behalf of the respondents nos. 3 and 5 it has been stated that the ..... appointed, on february 27, 1980 the lt. governor in exercise of the powers conferred by section 238(1) superseded the new delhi municipal committee with immediatue effect and appointed shri p. n. behl as the person who may exercise and perform all powers and duties of the new delhi ..... municipal committee until the said committee was reconstituted. the order contained reasons. the preamble to the order of supersession recited that the committee was incompetent .....

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Jan 22 1986 (HC)

Bishamber Dayal Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Jan-22-1986

Reported in : AIR1986P& H203

..... that he had contended that the powers of the gram panchayat to manage the streets and lanes in the village are analogous to the power of a municipal committee under s. 169 of the punjab municipal act. the municipal committee was not entitled to give any person permission to deposit goods for sale on any public street. it cannot lease any portion of public street ..... 1935 lah 196, emperor v. khushal jeram air 1926 bom 534: (27 cri lj 1151). we are not impressed by this argument. the provision s of s. 169 of the punjab municipal act are not in pari materia with the provisions of s. 4 of the act. under the punjab municipal act the title in the land under the public streets does not always vest in the ..... municipal committee. it is clear from the perusal of the head note in municipal committee of multan's case (supra) that the vesting of the street in the municipal committee does not transfer to it the rights of ..... . in support of this contention he had referred us to municipal committee of multan v. tehlia ram, air 1923 lah 272, mt. resham v. matu ram, air 1934 lah .....

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Feb 11 1986 (HC)

Town Municipal Council Vs. State of Karnataka

Court : Karnataka

Decided on : Feb-11-1986

Reported in : ILR1987KAR1369

..... ., : [1981]1scr746 the supreme court was concerned with the action taken under sub-section (1) of section 238 of the punjab municipal act. the new delhi municipal committee was superseded in exercise of the power under sub-section (1) of section 238 of the punjab municipal act by the government. therefore, in that case invalidity of a provision of an enactment being violative of article 14 of ..... were governed by the karnataka village panchayats and local boards act, 1959. on the corning into force of the act, the karnataka village panchayats and local boards act, 1959, stands repealed. similarly, the municipal councils in the state except municipal corporations are governed by the karnataka municipalities act, 1964. this enactment is not repealed because all the municipal councils are not to be converted into mandal panchayats under ..... the act. it is only such of the municipalities which are in exercise of .....

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Aug 20 1986 (SC)

Tarlok Singh Vs. Municipal Corporation of Amritsar and anr.

Court : Supreme Court of India

Decided on : Aug-20-1986

Reported in : AIR1986SC1957; (1986)90PLR540; 1986(2)SCALE299; (1986)4SCC27; [1986]3SCR617; 1986(2)LC469(SC)

..... the procedure of a civil suit as provided in the cpc will have to be followed in view of language of section 384 of the punjab municipal corporation act, 1976. section 384 reads as follows:the procedure provided in the cpc, 1908, in regard to suits shall be followed, as far as ..... . it was contended before us by the learned counsel for the appellant that in view of the language of section 384 of the punjab municipal corporation act, 1976 in this appeal before the district judge the procedure of a civil suit as provided in the cpc will have to be ..... shopkeepers similarly situated were given a notice to show cause by the municipal corporation, amritsar and under section 269(1) of the punjab municipal corporation act, 1976. this was a composite notice also under section 270(1) of the said act. the petitioner received this notice along with other shopkeepers in the first ..... half of october 1981.4. the petitioner and other shopkeepers submitted their replies to the commissioner of municipal corporation and ..... the procedure of a civil suit thereby framing of issues and recording of evidence is necessary whereas the learned counsel for the respondent municipal corporation contended that the language of section 384 only provides that in these proceedings before the district judge the procedure of a civil .....

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Mar 31 1986 (HC)

Municipal Committee, Bhatinda Vs. Sadhu Singh

Court : Punjab and Haryana

Decided on : Mar-31-1986

Reported in : AIR1986P& H294

..... in this case. in that case one of the points which arose for consideration was whether the executive officer of a municipal committee was invested by legal authority under section 35 of the punjab municipal act to file an appeal on behalf of the municipal committee. the answer to this question was given in the negative and it was observed that a bare perusal of ..... the provisions of section 35 makes it clear that the persons named therein, including the executive officer, are authorised by the statute to act only in a given ..... opinion no such necessity exists. the powers of the executive officer are enumerated in section 4 of the punjab municipal (executive officer) act, 1931 (hereinafter referred to as the act), the relevant portion of which reads as follows:--' 4 powers of the executive officer. in a municipality in which an executive officer has been appointed- (a) the executive power for the purpose of carrying on ..... has not much relevance to the point in issue. it is not a case relating to a municipal committee or its executive officer. it pertains to the punjab agricultural university, ludhiana, and the rule laid down is that under section 12(2) of the punjab agricultural university act, the vice-chancellor is not empowered to defend any suit or appeal without specific resolution in .....

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Jan 10 1986 (HC)

V.B. Kori Vs. Assistant Professional Tax Officer

Court : Karnataka

Decided on : Jan-10-1986

Reported in : [1986]161ITR668(KAR); [1986]161ITR668(Karn)

..... could be levied only on the firm and not on the partners individually. 22. the supreme court held that under the provisions of the punjab municipal act, 'person' included firms and individuals. 23. section 61(1) (b) of the punjab act provided as follows 118 itr 491 : 'subject to any general or special orders which the state government may make in this behalf and the ..... no bearing on the issue that arises in the writ petition. 20. on behalf of the state, reliance is placed on the decision in munshi ram v. municipal committee : [1979]118itr488(sc) rendered under the punjab municipal act. 21. in munshi ram's case : [1979]118itr488(sc) , the levy made on each of the six partners who constituted the firm, under section 61(1 ..... the karnataka tax on professions, trades, callings and employments act. 29. on the other hand, 'person' in the karnataka act means, any person who is engaged in any profession, trade, calling or employment in the state ..... it. therefore, reliance on the scheme of the income-tax act is misplaced. 27. the decision of the supreme court in munshiram's case : [1979]118itr488(sc) is a complete answer to every one of the contentions urged by sri sarangan. 28. 'person' as interpreted by the supreme court in the punjab municipal act should be applied to the term 'person' as defined in .....

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Sep 08 1986 (HC)

G. Narayan Murty (and After Him) Smt. G. Simhachallamma Vs. Berhampur ...

Court : Orissa

Decided on : Sep-08-1986

Reported in : 1986(II)OLR483

..... high court in order that the authority can be held to have acted within its jurisdiction.'the supreme court also in the case of firm seth radha kishan v. administrator, municipal committee, ludhiana (air 1961 s.c. 1547), while considering certain provisions of the punjab municipal act in relation to levy of terminal tax on salt following the ..... -service of the notice under section 107(2).14. in that view of the matter, the issuance of a notice under section 147(2) of the municipal act giving one month's notice to the person interested of any alteration of the assessment list proposed to be made under any of the clauses of sub-section ..... of assessment on the ground that it was unenforceable in law for non- compliance of the mandatory provision of section 147(2) of the orissa municipal act, 1950 (shortly stated as 'the act).3. the trial court dismissed the suit for the first two years, i. e., 1974-75 and 1975-76, on the ground that ..... been fairly settled by a long line of decisions of the patna high court with reference to the provisions of the bihar and orissa municipal act which until very recently was applicable to the state of orissa as well, and the provisions are in pari materia with those in the orissa ..... .tosri gadi narayan murty.take notice that by virtue of the powers vested with the executive officer under section 147(1) of the orissa municipal act, 1950, the assessment of your holding bearing assessment no. 9095 of ward no. 13 situated in hanuman bazar street is proposed to, be .....

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May 27 1986 (HC)

Subh Ram and ors. Vs. Gram Panchayat, Dhani Phogat and anr.

Court : Punjab and Haryana

Decided on : May-27-1986

Reported in : AIR1986P& H357

..... (supra), the power was exercised under s. 197 read with s. 203 of the bihar and orissa municipal act by the magistrate and the matter was then taken in criminal reference to the patna high court.20. almost a parallel provision exists in the punjab municipal act, which is s. 219, and is in the following terms:'219. whoever disobeys any lawful direction or prohibition ..... given by the committee by public notice under this act or any written notice lawfully issued by the thereunder, or fails to comply with the conditions ..... the provision of s. 23 provides for the imposition of recurring penalty and since such a provision for imposition of recurring penalty existed in the municipal act and while examining the given provision of the municipal act the various high court had held that the magistrate was not competent to pass a composite order of the kind imposing the recurring penalty at the ..... by the magistrate; for instance, in re limbaji tulsiram's case (supra) the power was exercised by the presidency magistrate, and the provision of s. 472 of the bombay municipal act was in the following term:'472. whoever after having been convicted of contravening any provision of any of the section.... hereinbelow in this section mentioned... continues to contravene the said .....

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May 27 1986 (HC)

Subh Ram and ors. Vs. Gram Panchayat and anr.

Court : Punjab and Haryana

Decided on : May-27-1986

Reported in : 1986CriLJ2027

..... (supra), the power was exercised under section 197 read with section 203 of the bihar and orissa municipal act by the magistrate and the matter was then taken in criminal reference to the patna high court.20. almost a parallel provision exists in the punjab municipal act, which is section 219, and is in the following terms:219. whoever disobeys any lawful direction or ..... prohibition given by the committee by public notice under this act or any written notice lawfully issued by it thereunder, or fails to comply with the conditions ..... the provision of section 23 provides for the imposition of recurring penalty and since such a provision for imposition of recurring penalty existed in the municipal act and while examining the given provision of the municipal act the various high courts had held that the magistrate was not competent to pass a composite order of the kind imposing the recurring penalty at ..... by the magistrate; for instance, in re limbaji tulsiram's case (supra) the power was exercised by the presidency magistrate, and the provision of section 472 of the bombay municipal act was in the following term:472. whoever after having been convicted of contravening any provision of any of the sections.... hereinbelow in this section mentioned...continues to contravene the said .....

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