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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1988 Page 2 of about 147 results (0.108 seconds)

Aug 17 1988 (SC)

Sub-divisional Officer and Others Vs. Dr. Mehar Singh and Others

Court : Supreme Court of India

Decided on : Aug-17-1988

Reported in : AIR1989SC206; JT1988(3)SC470; 1988(2)SCALE391; (1988)4SCC200; [1988]Supp2SCR467

..... appeals raise a common point. they arise out of two out of a batch of writ petitions, disposed of by the punjab and haryana high court, which challenged the validity of section 244 of the punjab municipal act. the high court concluded that, both on principle and precedent, the provisions should be struck down as they plainly suffer from ..... for constituting any local area as a municipality is set out in sections 4 to 10 (chapter ii) of ..... the taint of unconstitutionality. the state of punjab has preferred these appeals.2. the punjab municipal act (hereinafter referred to as the 'act') was an act to make better provisions for the administration of municipalities in punjab. the procedure ..... the act. under section 4 the state government is empowered by notification to propose .....

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Jun 10 1988 (HC)

Smt. Daljit Kaur and anr. Vs. Municipal Corporation of Amritsar and an ...

Court : Punjab and Haryana

Decided on : Jun-10-1988

Reported in : AIR1989P& H159

..... 3. the foremost attack against the notification is that the corporation did not take resort to section 170 of the punjab municipal corporation act, 1976 (sic) short, the corporation act) whereunder the corporation on decision to acquire any immoveableproperty for the purposes of the act, enjoins its commissioner to acquire property on its behalf by agreement on such terms and at such price as may ..... , air 1970 sc 1188, where their lordships, repelling an identical contention, observed as follows : -- '9. exercise of power to move the state under section 78 of the provincial municipal corporations act, to acquire land is not conditioned by any such limitation as suggested by counsel for the appellant. the opening clause of section 78(1) merely indicates an alternative and not ..... if no attempt is made under section 77 to acquire the land by agreement, it is open to the commissioner of the municipal corporation, with the approval of the standing committee and subject to the other provisions of the act to move the provincial government to take steps for acquisition of the land.' even if the question of fact remains asserted ..... good' is the bout in the instant litigation. the state of punjab has issued notification under section 4 of the land acquisition act, 1894 (for short, the act) on june 6, 1988, annex. p-l to the petition, wherein the avowed purpose disclosed is to acquire land at the instance of the municipal corporation of amritsar, for the purpose of laying new public streets .....

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Nov 07 1988 (HC)

Tilak Raj Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Nov-07-1988

Reported in : [1989]178ITR327(P& H)

..... is occupied by the owner himself. therefore, in all such cases, the annual value of the building for purposes of house tax, whether under section 3(1)(b) of the punjab municipal act, 1911, or under section 116 of the delhi municipal corporation act, 1957, is limited to the measure of the standard rent determinable on the principles laid down in the rent control ..... clearly goes to show that the standard rent can be fixed not only by the rent controller but can also be determined on the principles laid down in the act by the municipal authorities when they are to impose property tax. similarly, if the income-tax officer proposes to find out the gross annual income of a self-occupied building, it will ..... . sot, air 1977 sc 302 expressed the following view (headnote) :'the income-tax officer is bound to consider the fair rent determinable under the provisions of the east punjab urban rent restriction act, 1949, for determining the annual letting value of self-occupied property for which fair rent has not been determined by the rent controller,'6. in sheila kaushish's case ..... annual value, the tribunal rejected the argument raised on behalf of the assessee that the annual value has to be determined in accordance with the provisions of the east punjab urban rent restriction act, 1949 (hereinafter called 'the act'), on the reasoning that the house was never let out and the standard rent should be determined only by the rent controller under the .....

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Jan 08 1988 (HC)

Municipal Corporation of Delhi Vs. National Research Development Corpo ...

Court : Delhi

Decided on : Jan-08-1988

Reported in : AIR1988Delhi366; 34(1988)DLT176; 1988RLR221

..... 176, is not applicable since the word 'appurtenance' which appear in section 3 clause (b) of the punjab municipal act (iii of 1911) does not appear in the delhi municipal corporation act. (5) property taxes are livable under section 114(1) of the delhi municipal corporation act (hereinafter referred to as 'act'). the property taxes are payable on land and building. one of the basis adopted for fixing rateable ..... provided in the building and cannot be called 'things attached to the earth'. it is true that there is a difference in the meaning of the words as given in punjab municipal act. but a machinery, if fixed, is not contemplated as being assessable for the purposes of property taxes. property taxes are fixed on properties like land or build-ing. they ..... appellate order dated 9th september, 1985. that writ petition was decided by 'division bench of this court vide order dated 3rd september, 1987 wherein the learned counsel for the municipal corporation of delhi 'had agreed that the assessing authority will assess the property in the light of the order of learned additional district judge dated 9th september, 1985 mentioned earlier ..... value is on the basis of value of the land and cost of construction of the building. it is a certain percentage thereof, as provided in the delhi rent control act, which has to .....

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Jun 17 1988 (HC)

B. Ganesha Krishna Bhat Vs. State of Karnataka and anr.

Court : Karnataka

Decided on : Jun-17-1988

Reported in : [1989]73STC267(Kar)

..... court nor demonstrated how it was excessive. therefore, this case does not help the respondent. (iii) avinder singh v. state of punjab : [1979]1scr845 : under the punjab municipal corporation act, 1976, levy of tax on indian made foreign liquor at flat rate of re. 1 per bottle was upheld by the supreme court ..... 27. therefore, the important point that arises for consideration is, whether the special procedure contemplated under section 4b can fit into the scheme of act and the levy under section 4b construed as a tax on entertainment under the charging section. the provision, of section 4b itself indicates that the ..... left to the arbitrary discretion of the officers not named in the act without giving any remedy to the assessees for questioning the correctness of any of the important stages in the matter of assessment such as ayacut ..... nalla raja reddy : [1967]3scr28 , in which a flat rate of levy under the andhra pradesh land revenue (additional assessment) and cess revision act was struck down by the andhra pradesh high court was upheld by the supreme court. the supreme court held that the whole imposition of assessment was ..... quality of the land or its productive capacity, was arbitrary and unreasonable and violative of article 19(1)(f) of the constitution; (ii) the act which did not provide for issue of notice, enquiry or investigation of facts before the provisional assessment was made; (iii) no right of appeal .....

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Mar 24 1988 (HC)

Administrator, Bangalore City Corporation Vs. Hindustan Milk Food Manu ...

Court : Karnataka

Decided on : Mar-24-1988

Reported in : ILR1988KAR2487

..... consumption or use was introduced under section 96(2) of the city of bangalore municipal corporation act and the levy was to be effective from february 7, 1975. the authority to levy tax by the municipal corporation of bangalore is enumerated in section 97 of the city of bangalore municipal act, where under sub-section (e) of the section qualified that 'an octroi on ..... into the city of bangalore for purpose of consumption, sale or use under section 98(2) of the city of bangalore municipal corporation act, 1949. the said notification continued to be in force even after 1949 act was replaced by the karnataka municipal corporation act, 1976. item no. 17 which is relevant for the purpose of this case reads :- '17. confectionery, biscuits, toffee, ..... sell in market inter-alia, the goods popularly known as 'horlicks'.our produce is manufactured (all activities incidental to processing the raw materials etc.) at the factory located in nabha (punjab) and in rajamundry (andhra pradesh) but the said produce is packed in bottles at the various packing stations at howrah, bangalore and faridabad. after the produce has been manufactured, ..... made?'2. the undisputed facts of the case are these: respondent no. 1 is a public limited company incorporated under the companies act. it manufactures 'horlicks' in its two factories situate at nabha in the state of punjab and rajamundry in the state of andhra pradesh. they market the horlicks manufactured by them throughout the country. they have their own .....

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Jan 29 1988 (SC)

D.N. Malhotra Vs. Kartar Singh

Court : Supreme Court of India

Decided on : Jan-29-1988

Reported in : JT1988(1)SC213; 1988(1)SCALE223; (1988)1SCC656; [1988]2SCR833; 1988(1)LC572(SC)

..... tenant on the date of his discharge from service entitling him to avail of the benefit of the provisions of section 13-a of the punjab act.14. for the reasons aforesaid we allow the appeal and set aside the judgments and orders of the courts below. in the facts and ..... a specified landlord after his retirement to make an application for ejectment of his tenant within one year after commencement of the amended act as occurs in the punjab act the ratio of the decisions in those cases cited before the court would not apply. this view of the learned single judge in ..... year after the date of his retirement or after his retirement but within one year of the date of commencement of the east punjab urban rent restriction (amendment) act, 1985, whichever is later, applies to the controller along with a certificate from the authority competent to remove him from service indicating ..... contest the petition on the following ground:whether the petitioner is a specified landlord as defined in section 2(hh) of the east punjab urban rent restriction (amendment) act, 1985. 4. the petitioner-landlord examined himself and he also filed a certificate issued to him by regional settlement commissioner who was ..... court of rent controller, kapurthala under section 13-a of the east punjab urban rent restriction (amendment) act, 1985, stating inter alia that dr. d.m.malhotra is a tenant in respect of his house no. 694-ba within kapurthala municipality; that he was in arrears of rent since 22nd december, 1984; .....

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Jan 25 1988 (HC)

Shree Ram Finance Corporation Vs. Murlidhar and ors.

Court : Mumbai

Decided on : Jan-25-1988

Reported in : I(1988)ACC456

..... that haryana state had no control over the driver and he was not in its employment, but on the other hand was acting in the course of the employment of the municipal committee at the time of the accident and so no vicarious liability would be that of the employer. no such evidence of ..... kunhikuttan nair : [1970]2scr688 which was decided on 8-10-1969. we may point out that in lachhman singh v. gurmit kaur the full bench of punjab and haryana high court after noticing : [1970]2scr688 , observed in para 27 that the compensation to be assessed is the pecuniary loss caused to the dependents by ..... ltd. v. r. m.k. veluswami : [1962]1scr929 , c.k. subramonia iyer v. t. kunhikuttan nair : [1970]2scr688 and by the full bench of punjab and haryana in lachhman singh v. gurmit kaur . the compensation which would be payable would work out to rs. 1,80,000/- on the basis of the pecuniary ..... he is employed to do. on behalf of the appellant reference was made to municipal committee, sonepat v. khushi ram: 1983 punjab law reporter 313), where on a finding that the vehicle was in possession and under the control of the municipal committee, sonepat, it was held that the haryana state who owned the vehicle ..... insurance policy dated 19-11-1974, while 5th defendant was insurer of the motor-cycle it was alleged that the accident was caused by the wrongful act, neglect or default of the 1st defendant and compensation was claimed as stated above.4. the contest was only between the plaintiffs and the 3rd defendant .....

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Oct 10 1988 (HC)

Akhara Shri Braham Buta, Amritsar Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Oct-10-1988

Reported in : AIR1989P& H198

..... at loggerheads in the civil court about their managerial rights over the institution and the properties sought to be acquired. in anticipation of filing these petitions, the state of punjab and the municipal corporation, amritsar, had entered caveats. treating these matters as one, as it should be, we heard both the counsel for the petitioner in the respective two cases and ..... the history of the institution and the effort earlier made by the improvement trust, amritsar, to acquire its properties on an earlier occasion under the provisions of the punjab development and damaged areas act, 1951, and the effort being stalled by this court in a decision rendered in cwp no. 365 of 1979 decided on april 2, 1980, vide judgment annexure ..... impedes or prohibits acquisition of religious and charitable properties except a caution occurring in the standing orders issued by the financial commissioner, punjab, which are of antiquity, to avoid as far as possible acquisition of religious and charitable properties. it has ..... the advocate-general, punjab.4. both learned counsel for the petitioner s/shri p. k. palli and r. s. bindra have conceded outright that no provision under the land acquisition act, 1894 .....

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Mar 28 1988 (HC)

Indian Tea Packeting Industries and anr. Vs. Union of India (Uoi) and ...

Court : Kolkata

Decided on : Mar-28-1988

Reported in : 1988(18)ECC180

..... over, there is no inherent invalidity in the fiscal adventure in case other prohibitions exist. this was a case whereby the provisions of punjab municipal corporation act, 1976, levy of tax was made on indian made foreign liquor at flat rate of rupee one per bottle and on the basis ..... the same was possible and permissible and in support of that submission, he referred to the case of avinder singh, etc. v. state of punjab and anr. (supra) where it has been observed that there is nothing in article 265 from which one can spin out the constitutional vice ..... such submissions were sought to be supported and supplemented by mr. bhattacharjee on a reference to the case of avindar singh, etc. v. state of punjab and anr. : [1979]1scr845 , which has laid down that there is nothing in article 265 from which one can spell out the constitutional vice ..... within the definition of the word 'manufacture'. the petitioners challenged the validity of the central excises and salt and additional duties of excise (amendment) act, 1980. the question for determination were: (1) whether processes conducted and carried on by the petitioner in respect of cotton fabrics and woollen ..... after polishing and colouring was involved, it has been held not to be a manufacture under section 2(17) of the bombay sales tax act which indicated that manufacture with all its grammatical variations and cognate expressions means producing, making, extracting, altering, ornamenting, finishing or otherwise processing, treating .....

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