Court : Delhi
Decided on : Aug-19-1988
Reported in : 36(1988)DLT154; 1988(15)DRJ330; 1988RLR685
..... this power may justifiably be curtailed by reading the expression 'at any time' to mean 'within a reasonable time' as was canvassed in punjab national bank v. new delhi municipal committee : 3scr189 but the question of reasonableness does not arise in this case and was not raised in the high court.' (9 ..... the premises were fit for carrying out necessary repairs and that pursuant to that notice, repairs were carried out by the municipal corporation of delhi which was administering act, at a cost of about rs. 5,000.00 . the appellant filed certain documents in support of his averments. ..... scheme and which building work could not be carried out without the premises being vacated. under clause (b) of section 19(4) of the act, the landlord cannot seek permission to institute proceedings for eviction on any other ground except the two and perhaps three grounds mentioned above. the ..... others (1970) i delhi 768. the competent authority also referred to notices served on the respondent-landlords under section 348 of the delhi municipal corporation act on the ground that the building in which the tenanted premises were situated was in a dangerous conditions. the respondent-landlords also brought on record ..... possible and could not be carried out without the premises having been vacated by the tenant. sub-section (4) of section 19 of the act prescribes the factors which are to be taken into account by the competent authority while granting or refusing to grant permission and these are:- ( .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-14-1988
Reported in : AIR1989Bom111; (1988)90BOMLR219
..... of india v.l.k. ratna : 164itr1(sc) ; k.1. shephard, v. union of india : (1988)illj162sc ; olga tellis v. bombay municipal corporation : air1986sc180 and sc l. kapoor v. jagmohan : 1scr746 on the question of observance of the provisions of natural justice.41. a reading of the provisions ..... of the authority, order has to be sustained. the court in that case held as the order of the state government superseding the nagpur municipal corporation was based on two grounds one of which was relevant and the other irrelevant, was valid, the fact that one of those grounds ..... law in force on the date of the appointments. reliance is placed on the observations of a full bench decision of gujarat high court in anand municipality v. union of india : air1960guj40 . in that case the question as to the interpretation of the expression 'any law in force immediately before the ..... manager, southern railway v. rangachari : (1970)iillj289sc , which observations have been quoted with approval in a later decision fo the supreme court in state of punjab v. hira lal : 3scr267 .17. on the other hand the learned advocate general submitted that s. 57 prescribes a specific mode of selecting teachers ..... establish that the corporation was not competent to perform its duties under the city of nagpur corporation act . this decision was followed by the supreme court in a later case in swaran singh v. state of punjab : air1976sc232 (sec observations in para 18). in the present case both the grounds viz., .....Tag this Judgment!
Court : Kolkata
Decided on : May-31-1988
Reported in : (1988)2CALLT115(HC)
..... of the 'rent' agreed to be paid by the tenant, the learned trial court was not justified in directing the petitioner to deposit the arrear municipal taxes. since we have rested our above finding on the decisions of the supreme court we need not detail or discuss the english authorities and decisions ..... even at the first hearing by the rent controller of the application of ejectment presented by the land-lord under section 13 of the east punjab urban rent restriction act iii of 1949. the rent of the premises was rs. 20 per month and was to be paid in advance each month. in ..... recoverable through a distress warrant. the above decision is, therefore, an authority for the proposition that if the agreement between the parties expressly lays down that municipal tax is part of the rent it has to be treated as rent liability.9. that brings us to the case of chotelal (supra) relied upon ..... stove not exceeding 600 watts for heating meals and making tea only, use of life, hot and cold water, the owner and occupier's shares of municipal taxes.'7. relying upon the above clause and some english decisions the supreme court observed that if the stipulations between the land-lord and the tenant ..... the grievance of the defendant, who is the petitioner in the other revisional application, is that the learned judge erred in directing her to pay arrear municipal taxes.2. it is not disputed that the tenancy is governed by a written agreement, dated september 25, 1980. the agreement provides inter alia, that .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-14-1988
Reported in : AIR1989P& H267; (1990)98PLR51
..... cesses to the state on behalf of the land owners will be in lieu of rent.13. in sub-section (3) of section 4 of the punjab tenancy act, 1887, rent is defined as under : --'(3) 'rent' means whatever is payable to a landlord in money, kind or service by a tenant ..... in somewhat similar circumstances, the apex court dealt with this aspect of the matter and the judgment is reported as mohammad amir ahmad khan v. municipal board of sitapur, air 1965 sc 1923 and it was held thus (at p. 1930):'a title as a permanent lessee with aheritable and ..... the plaintiff claimed that they had become occupancy tenants under the provisions of sections 5 and 8 of the punjab tenancy act and on the commencement of punjab occupancy tenants (vesting of proprietary rights) act, 1953 they became the owners of the land. they never denied the title of the landlord. setting up ..... evidence to prove that they have acquired occupancy rights. consequently, their claim that they have become owners under the provisions of punjab occupancy tenants (vesting of proprietary rights) act, 1953 (act no. viii of 1953), is rejected.17. since i have held that the plaintiffs are tenants-at-will, they are ..... present plaintiff-appellants.16. the plaintiffs have failed to prove that they have acquired occupancy rights under the provisions of the punjab occupancy tenants (vesting of proprietary rights) act, 1953, (act no. viii of 1953). i have held that the plaintiffs have succeeded in proving that they are in possession as tenants .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-22-1988
Reported in : AIR1988SC2139; JT1988(2)SC15; 1988Supp(1)SCC719
..... . improvement trust, jind constituted under the punjab town improvement act, 1922, acquired a large area of land for the purpose of its scheme no. 5 for development of housing and commercial complex. award was declared on 15-7-1976. thereafter, possession of the land was taken by the municipal committee as the trust was succeeded by municipal committee. the committee sold some portion of ..... in the event of compensation being enhanced, the appellants will be liable to pay the same to the municipal committee. on a reference being made under section 18 of the land acquisition act, compensation was enhanced by the tribunal constituted under pubjab town improvement act. during the pendency of the proceedings before the tribunal sanatan dharam high school, appellant no. 2 made application ..... . 2 was not an 'interested person' within the meaning of expression under section 3(b) of the land acquisition act, 1894. the tribunal gave its award on 5th november, 1985 under which it enhanced the compensation as a result of which the municipal committee made demand from the appellant for payment of enhanced amount of compensation. the appellants thereupon filed a writ .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-22-1988
Reported in : (1988)1GLR589
..... value of lands and buildings for determining tax liability will not make the fields of legislation under the two entries overlapping.in ramchand v. malkapur municipality : air1970bom154 , the court was concerned with the levy of education cess at the rate of two percent of the annual letting value of the ..... as the measure of the impugned tax is any indication that it is a tax on income.the above observations were quoted with approval in municipal corporation v. gordhandas : air1954bom188 , wherein the validity of rule 350a framed by the corporation in respect of the rate of open land was ..... pc 60; state of bombay v. narottamdas jethabhai and anr. 1951 scr 51; the state of bombay and anr. v. f.n. balsara 1951 scr 682; municipal corporation v. gordhandas : air1954bom188 (paragraph 5); sri venkataramana devaru v. the. state of mysore 1958 scr 895 @ 918; assistant commissioner, madras v. buckingham and ..... may be mentioned that the above quoted observations of broomfield, j., were adopted by fazal ali, j. in ralla ram v. province of east punjab , wherein the learned judge observed that if a tax is to be levied on property, it will not be irrational to correlate it to the ..... the construction of sections 99, 129, proviso, 137 and 150 of the bombay provincial municipal corporations act, 1949. in that case the special rate of conservancy tax, namely, 9 per cent of the rateable value, determined by the municipal corporation at its meeting held on 31st january, 1968 was challenged as (i) ultra .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-22-1988
Reported in : AIR1989Bom250; 1988(3)BomCR642; (1988)90BOMLR578; 1989MhLJ165
..... ;within the limits of all the areas, other than the area of the municipal corporation of greater bombay, referred to in sub-cls. (i). (11), (111), and (1v) of cl. (b) of sub-sec (i), at the rate ..... paid to the state government entertainment duty in the case of video game at the following lump sum rates, namely;(a) within the limits of the municipal corporation of greater bombay at the rate of rs. 500 per machine per month on the total number of machines installed in the video games parlour ..... government having regard to the plurality of criteria which have to go into the fiscal success of the measure. (see , avinder singh v. state of punjab).8. it may be stated at the outset that the reasonableness of the tax is not challenged nor it is alleged that the tax imposed is exhorbitant, ..... basis of taxation. in support of her contentions she has placed strong reliance upon the various decisions of the supreme court, including . avindar singh v. state of punjab. air 1976 sc 670, income-tax officer v. n,. taken roy, start e of karnataka v. m/s. air corporation and a decision of this court ..... of writ petition no. 1159 of 1977 ahmeddabed mauncaturing and calico printing co., ltd v. municipal corporation. greater bombay decided on 17th july, 1987: (reported in air 1088 bom 384). in fact the tax is levided on the act of entertainment itself. it is then contended by her that classification is made area-wise .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-20-1988
Reported in : AIR1988SC1708; JT1988(3)SC78; 1988(2)SCALE53; (1988)4SCC324; Supp1SCR493; 1988(2)LC471(SC)
..... v. allah rakhia, air 1947 pc 72. in that case the question was whether the punjab restitution of mortgaged lands act, an act of the punjab legislature, was void as being ultra vires of the punjab legislature. the act applied to mortgagees in possession of certain lands. the expression 'land' was defined as 'land ..... , the primary target of the legislation was only urban land, the ways and means of developing it and proper utilisation of land situate within the municipal limits. these decisions no doubt establish two propositions : (1) the opening word 'land' in entry 18 is not restricted to agricultural land as ..... and ors., : 3scr65 . the question here arose in the context of the bombay town planning act. a scheme drafted by the ahmedabad municipal corporation after following the procedure prescribed under the act was sanctioned by the state government. as a result of this the petitioners were allotted a much smaller ..... that clearly pertained to land-in fact, land governed by systems of land tenure prevalent in the states of uttar pradesh and punjab. in allah rakhia, the impugned act was limited to agricultural land and, since the items in the concurrent list excluded such land, was covered by entry 21. ..... topic of discussion before us.10. it has been mentioned earlier that the bank had served a notice on the appellants under the 1956 act. this act, which received the assent of the president on 30th march, 1956, is on the pattern of the lease and rent control legislation prevalent .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-01-1988
Reported in : (1994)IIILLJ877Bom
..... and ors. : (1973)illj278sc ; lalla ram v. d.c.m. chemicals works ltd. and ors. : (1978)illj507sc ; the municipal corporation of greater bombay v. p.s. malvenkar and ors. : (1978)iillj168sc ; management of u.s. dutt & co. (p) ltd. : (1962)illj374sc ; punjab beverages pvt. ltd. chandigarh v. suresh chand and anr. : (1978)iillj1sc ; raymond woollen mills ltd. v. a.k. thorat ..... of the action taken by the employer. it is, therefore, incumbent upon the concerned authority to consider, while entertaining an application under section 33(2)(b) of the act, whether certain prerequisites are satisfied before permission or approval is accorded to the employer for discharge or dismissal of any workman during the pendency of the proceeding before the said ..... to appreciate the rival contentions raised by the learned counsel on both sides, it may be worthwhile to state here the relevant provisions of section 33(2)(b) of the act as under:- '33. conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings. (1) during the pendency of any conciliation proceedings before a conciliation ..... same date for the reasons separately, recorded. however, since an industrial dispute was pending before the second respondent-industrial tribunal applications under section 33(2)(b) of the act were filed by the company before the said tribunal for approval of their action of terminating the services of the petitioners. it was alleged against the petitioners in the statement .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-29-1988
Reported in : 1(1989)ACC191
..... bench and single bench cases of this court and also various cases of other high courts in radhey shyam v. chimanlal 1966 mplj note no. 34, municipal committee khandwa v. ratanlal 1969 jlj note 76, purushottam v. devkaran air 1939 nagpur 39, ramkishandas v. vinodiram balchand 1961 jlj 1218, national insurance co ..... annum, learned counsel placed reliance on the cases of the apex court in narcinva v. kamat v. alfredo 1985 acj 397 and jagbir singh v. general manager, punjab roadways : 3scr1095 and the cases of this court in new india assurance co. ltd. v. shakuntalabai and ors. 1987 jlj 462, shamsherkhan v. m ..... cross-objections. interest has been awarded by the tribunal at the rate of 6% per annum without giving any reasons. section 110-cc of the act in terms requires that 'interest shall also be paid' in addition to the compensation already determined. a duty is thereby laid on the tribunal ..... sanghi, learned counsel for the appellants, rightly and fairly conceded that in view of the provisions of sections 96(2) and 110-d of the act, an appeal by the insurance company, even after joining the insured owner, is not maintainable as the award was passed within the statutory limit and ..... respondents no. 1 to 4, the legal representatives of the deceased, who filed an application under section 110-a of the motor vehicles act, 1939, (for short 'the act'). while considering the award of compensation, the tribunal assessed the monthly dependency at the rate of rs. 300/- per month. the tribunal .....Tag this Judgment!