Court : Supreme Court of India
Decided on : Aug-07-1987
Reported in : AIR1987SC2086; JT1987(3)SC259; 1987(2)SCALE226; (1987)4SCC505; 3SCR808
..... pursuance thereof, the delhi municipal corporation was constituted amalgamating within itself a few other smaller civic ..... union territory of delhi there are two main civic bodies viz. the new delhi municipal committee (for short of ndmc) and the delhi municipal corporation (for short the mcd). the ndmc comprises of new delhi as it existed prior to 1947 and was constituted under the punjab municipal act, 1911. the ndmc discharges all civic functions including supply of water and electricity in ..... the areas falling within its jurisdiction. in 1957 the delhi municipal corporation act came to be enacted and in ..... the set up of the desu and its staff pattern and the staff pattern of desu. the ndmc, as already stated, is governed by the punjab municipal act while desu is governed by the delhi municipal corporation act, 1957. the set up of the ndmc is that of an integrated unit comprising all the three wings while the set up under the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-27-1987
Reported in : 168ITR38(P& H)
..... to be adopted is also not mentioned. as such, these notifications do not comply with the mandatory provisions of sub-section (2) of section 62 of the punjab municipal act, 1911 (for short ' the act '). the above challenge to annexures p-1 to p-4 is sought to be met by the respondents by filing their respective written statements. it has been contended ..... district, has made the following amendment in the punjab government notification no. 12614-ci(6ci)-62472, dated november 18, 1960, as subsequently amended, imposing ..... with the previous sanction of the governor of punjab, the municipal committee, sunam, in the sangrur ..... the petitioner is situated has its municipal committee, respondent no. 2. on the proposal of respondent no. 2, the state of punjab, respondent no. 1, issued a notification dated june 8, 1966, annexure p-1, which is to the following effect :' in pursuance of the provisions of sub-section (10) of section 62 of the punjab municipal act, 1911, it is hereby notified that .....Tag this Judgment!
Court : Delhi
Decided on : Nov-16-1987
Reported in : 34(1988)DLT91; 1988(14)DRJ287; 1988RLR126
..... of the assessment. the jurisdiction of the civil court to try such a suit was barred under section 86 of the punjab municipal act and section 41 of the specific relief act. he consequently accepted the appeal, set aside the judgment and decree of the learned subordinate judge and dismissed the suit.(9 ..... 2. whether the suit of the plaintiff is barred as per section 86 of the punjab municipal act and section 41 of the specific relief act ; 3. relief.'(7) on issue no. i the trial court held that the appellant had realised a sum of rs. 2 ..... being fetched for the property in question. it also raised the plea that the suit was barred under section 86 of the punjab municipal act and section 41 of the specific relief act.(6) the trial proceeded on the following issues :- '1. whether the impugned demand of the defendant is illegal and unwarranted ..... new delhi. it comprises of several residential flats, servant quarters and garages. section 61(l)(a) of the punjab municipal act, 191 i (hereinafter to be referred as 'the act') empowers the respondent. new delhi municipal committee, to impose a tax payable by the owner, on buildings and lands, not exceeding 12 1/2 ..... seeking it are excluded construed in the light of this principle, it is clear that sections 84 and 86 of the punjab municipal act bar, by inevitable implication, the jurisdiction of the civicourt, where the grievance of the party relates to an assessment or the principle of assessment .....Tag this Judgment!
Court : Delhi
Decided on : Feb-11-1987
Reported in : 31(1987)DLT345
..... judgment of the supreme court in re: the bill to amend s.20 of the sea customs act, 1878 and s. 3 of the central excise & salt act, 1944. : 3scr787 it has been held that the property tax levied by the committee under the punjab municipal act as applicable to the union territory of delhi would be a part of union taxation and the ..... the resolutions mainly on the ground that the property of the state government was exempt under article 289(1) of the constitution of india from house-tax livable under the municipal act, 1911 as applicable to union territory of delhi. (3) the point in question is covered by the division bench judgment of this court in new delhi ..... petition is still pending in the supreme court. in any event, i am bound by the division bench judgment of this court in new delhi municipal committee's case (supra) and the impugned notices and resolutions have to be held to be against authority of law. (5) in the result the petition is allowed. the impugned ..... (1) of the constitution of india. (4) learned counsel for the respondent however states that the judgment of the division bench of this court in the case of new delhi municipal committee (supra) is under challenge in the supreme court and the supreme court has permitted the respondent-committee to assess the properties but restrained it from recovering tax and the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-06-1987
Reported in : 168ITR329(P& H)
..... cinema building on the basis of number of seats, their occupation and income derived therefrom, has been held to be ultra vires the provision of section 3(i) of the punjab municipal act by r.n. mittal j. in phul theatre v. municipal committee  llr 417. it is by now well-settled that the provisions of clause (b) of section 93 of the ..... behalf has been filed by respondent no. 2. it is contended therein that the rateable value under the punjab municipal act prior to the constitution of the municipal corporation was assessed on the basis of a formula agreed to between the petitioner and the erstwhile municipal committee which has been reproduced in annexure p-3 and is to the following effect :'the annual rateable value ..... provisions of the east punjab urban rent restriction act, 1949. to work out its reasonable letting value, it is ..... act are pari materia with those of section 3(i) of the punjab municipal act. admittedly, the cinema building of the petitioner is situate within the limits of the municipal corporation, jullundur, and is governed by the .....Tag this Judgment!
Court : Delhi
Decided on : Dec-07-1987
Reported in : 34(1988)DLT118; 1988RLR30
..... building somewhere in the year 1947-48 and the respondent could not now demolish on the ground that the building was unauthorisedly constructed in view of section 195 of the punjab municipal act which was then applicable in delhi, as no proceedings for demolition took place within six months of completion of the said building. it was averred that a ( show cause notice ..... under section 343 of the delhi municipal corporation act (for short 'the act') prior to the passing of the demolition order in question was issued by the municipal corporation of delhi in the name of shi khem chand, father of the petitioners, in respect of two rooms and a ..... continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of tax under this act.' (5) these sections came up for consideration in krishan gopal v. municipal corporation of delhi, 2nd (1972) i del 272. it was held by d.k. kapur, j. that it is the person concerned with the ..... the judgment dated april 26, 1979, passed by shri d.c. aggarwal, additional district judge, as appellate authority under the delhi municipal corporation act by which he dismissed the appeal against the demolition order dated november 27, 1978, passed by the municipal corporation of delhi. (2) admitted facts leading to the filing of this writ petition, in brief, are that the petitioners are .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-21-1987
Reported in : AIR1987Raj120; 1987(1)WLN193; 2(1989)WLN(Rev)446
..... the union territory of delhi. the order was held to be vitiated because of the authority failing to observe principle of audi alteram partem. section 238(1) of the punjab municipal act contemplated and required that an opportunity should be given to the committee before an order ofsupersession is passed. the question, arose whether in a case where non-observance of ..... effect of paralysing the administrative process or the need for promptitude or the urgency of the situation so demands.' 55. mr. mehta also referred to the case of state of punjab v. gurdial singh air 1980 sc 319 wherein it has been observed as under : -- 'it is fundamental that compulsory taking of a man's property is a serious ..... rule 10 of the rules. 34. the learned government' advocate controverted these contentions and submitted that the terms 'landholder' and 'tenant' in proceedings under chapter iiib of the act relate only to the persons whose ceiling area is under consideration before the authorised officer. 35. section 30d casts the burden on the transferor to prove that the transfer by ..... negative in nature, then thequestion of applicability of principles ofnatural justice would arise. in deciding thatpoint the important factor requiringconsideration would be whether the provisionsof section iiib of the act and the rules bynecessary implications exclude the principleof natural justice. chapter 111 of the rulescontains the provisions relating to fixation ofceiling on land. rule 9 provides fordeclarations to be .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-03-1987
Reported in : 1987Supp(1)SCC687
e.s. venkataramiah and; k.n. singh, jj.1. special leave granted. we have heard the learned counsel for the parties. the writ petition, out of which this appeal arises, was allowed by the high court following its decision in radhey sham gupta v. state of haryana [air 1982 p&h 519] which has been disapproved by this court in a large number of cases. the writ petition was filed a long time after the publication of the notification under section 4 of the land acquisition act and of the declaration under section 6 of that act. we do not find any merit in the writ petition. we, therefore, set aside the judgment of the high court and dismiss the writ petition filed in the high court2. shri c. m. nair, learned counsel for hari om cooperative house building society, the respondent in this appeal, states that the government has passed an order dated october 30, 1981 under sub-section (3) of section 275 of punjab municipal corporation act and the government has permitted the hari om cooperative house building society and its members to build houses on a part of the land acquired. it is open to hari om cooperative house building society to approach the government for the release of the land in respect of which the said order has been passed by the government. the acquisition proceedings, however, cannot be defeated by virtue of the order referred to above. with this observation the appeal is allowed.Tag this Judgment!
Court : Orissa
Decided on : Sep-03-1987
Reported in : AIR1988Ori219
..... . in the region of public law locus standi and person aggrieved, right and interest have a broader import.' referring to the particular case which was under the punjab municipal act applicable to the new delhi municipal administration it was further observed as follows :'.........to be stripped of the office andstatus, to be deprived of the rights, to be removed from the responsibilities in ..... statute. it was urged by mr. s. misra that opposite parties 1 and 2 having no power of review of an order already passed under section 35(2) of the act, acted without jurisdiction while reviving the proceeding on the petition of opposite party no. 4 and then passing the impugned order (annexure 7). the contention of mr. misra would have ..... of the persons appointed for that purpose. in air 1981 sc 136, s.l. kappor v. jagmohan, the following observation was made : --'the old distinction between a judicial act and administrative act has withered away and we have been liberated from the psittacine incantation of 'administrative action'. now, from the time of the decision of this court in state of orissa ..... dispute shallget full opportunity of contesting their respective cases before the commissioner of endowments no exception should be taken to the impugned order (annexure 7).8. section 35 of the act is reproduced below for easy reference : --'35. disqualification' of hereditary trustees : -- (1) a hereditary trustee of a math shall be declared disqualified and shall consequently cease to hold his .....Tag this Judgment!
Court : Chennai
Decided on : Feb-27-1987
Reported in : (1987)1MLJ482
..... , ex. p5 is a notice issued by the corporation of madras to the petitioner dated 27.5.1983 under section 246(a) of. the madras city municipal act, granting permission to the petitioner to demolish the existing building. as against that, on the side of the respondent, his brother has been examined and the ..... not chosen to file ex. r1 which is a notice issued by the corporation of madras to the respondent under -section 258 of the madras city municipal act, iv of 1919, requiring the respondent to repair the petition premises since the same was in a ruinous state or dangerous to passers by or to ..... reconstruction.10. exs. p6 to p9 prove the financial ability of the petitioner. exs. p6 is a deposit receipt dated 12.3.1984, issued by the punjab national bank, triplicane, madras in the name of the petitioner showing a fixed deposit of rs. 50,000, maturing on 12.3.1985. ex. p7 is ..... that it cannot be said that in all cases whenever an application for demolition and reconstruction is made, a prior sanction of the municipality should have been obtained, since the act nowhere provides that a petition for demolition and reconstruction should be made only after getting the required sanction from the ..... four shops situate in door no. 99, waltax road, park town, madras. the petitioner as landlady filed the application under section 14(1)(b) of the act, against the respondent and three other tenants, each of whom was occupying one shop in the above door number. eviction was sought on the ground that the .....Tag this Judgment!