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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1992 Page 1 of about 229 results (0.086 seconds)

Feb 07 1992 (HC)

Mrs. Bimla Arora Vs. State of Punjab and Others

Court : Punjab and Haryana

Decided on : Feb-07-1992

Reported in : AIR1993P& H11

..... bye-law, regulation, form made, issued, imposed or granted under the punjab municipal act, 1911, or any other law in force in any local area, constituted to be a city or included in a city, immediately before the appointed day shall, in so far ..... by the state government under the punjab municipal act, 1911 for conducting elections of municipal committees will continue to operate for election of councillors to a corporation under the act. the legislature while enacting the provisions of the act, clearly intended to repeal the provisions of the punjab municipal act, 1911 in so far as it related to the municipal corporation of ludhiana and some ..... order, direction, scheme, licence, permission, registration, rule, bye-law or form made, issued, imposed or granted under this act or any other law as aforesaid, as the cse may be.'according to s.431, the punjab municipal act, 1911 stood repealed in the area constituted to be a city with effect from the day from which it was constituted.6. from ..... matters relating to election disputes.5. reference is now necessary to be made to sub-sec. (a) of s.428 of the act which provides for continuation of appointments, taxes, rules, bye-laws, regulations etc. framed under the punjab municipal act, 1911 which reads as under:--'any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, .....

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Jan 28 1992 (HC)

Brij Bans Bahadur Vs. New Delhi Municipal Committee and ors.

Court : Delhi

Decided on : Jan-28-1992

Reported in : 47(1992)DLT21

..... to over-reach this court by filing a civil suit for permanent injunction and securing an interim injunction.(9) section 189 of the punjab municipal act, 1911 requires that no person shall erect or re-erect or commence to erect or re-erect a building without the sanction of the committee ..... down that where a tenant without the permission of the owner illegally carries out massive constructions and structural changes, the authorities under the punjab municipal act is powerless to direct demolition of such aconstruction. in the express newspaper case the supreme court has directed the ndmc to compound the illegal ..... safety measures is bound to endanger the life and safety of the visiting public it may be noted that all the requirements of the punjab municipal act and the building bye-laws in regard to construction and r construction assume that it is only the owner of the building who can ..... of all laws and building bye-laws by a tenant who, without the authorisation by the landlord and without the sanction plan from the municipal authorities has carried out massive construction inside the tenanted premises. the tenanted premises are located at 46, janpath, new delhi, where respondents 4 ..... the demolition is necessary for the additional reason that the construction is made without the clearance under the delhi fire prevention and fire safety act,1986, thus, endangering the lives of the public visiting the restaurant. allowing illegal construction of this nature by the ndmc and carrying out .....

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Aug 26 1992 (HC)

Shri Sukhinder Singh and ors. Vs. the State of Punjab Through the Secr ...

Court : Punjab and Haryana

Decided on : Aug-26-1992

Reported in : (1993)103PLR476

..... ludhiana in the later part of the judgment, the learned single judge discussed separately the points urged with regard to the residents of municipal committee which are governed under the punjab municipal act 1911 (hereinafter referred to as the 1911 act). the writ petitions were dismissed by the learned single judge. the letters patent appeal under consideration arise out of c.w.p. 1431 of 1988, filed ..... ashok bhan, j.1. in the state of punjab, three town amritsar, jalandhar and ludhiana have municipal corporations and are governed by punjab municipal corporation act, 1976, whereas in other towns there are municipal committee governed by the punjab municipal act, 1911. two sets of writ petitions were filed, one by the residents of ludhiana municipal corporation and others by the residents of various other municipal committees, which are disposed of by this ..... by the residents of municipal committee, patiala. c.w.p no. 5178 of 1990 titled as sher singh and ors. v. state of punjab, which has been .....

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Dec 17 1992 (SC)

Atlas Cycle Industries Limited and Milton Cycle Industries Limited Vs. ...

Court : Supreme Court of India

Decided on : Dec-17-1992

Reported in : 1992(3)SCALE477; 1993Supp(2)SCC278; [1992]Supp3SCR699

..... and local finance says (at page 303) that they were known as 'ingate tolls' because they were collected at toll-gates or barriers.32. under the punjab municipal act, 1911 (hereinafter referred to as the act) the power to levy the octroi is traceable to section 61, sub-section (2).the said sub-section states as under:(2) save as provided in ..... constitution of india challenge the constitutionality of section 5(4) of the punjab municipal act, 1911, as amended by the punjab municipal (haryana amendment and validation) act (haryana act no. 41 of 1971), in so far as it has the effect of imposing octroi upon that area of the local limits of the municipality of sonepat in which the petitioners' factories are situated.2. the relevant ..... the appellant. in the atlas cycle case, section 5(4) of the punjab municipality act, 1911 provided that when any local area was included in the municipality, 'this act and....all rules, bye-laws, orders, directions and powers made, issued or conferred under this act and in force throughout the whole municipality at the time, shall apply to such areas'.but this court took the ..... september, 1966 and in pursuance of the provisions of sub-section (3) of section 5 of the punjab municipal act, 1911, the government of haryana is pleased to include within the municipality of sonepat in rohtak district, the area lying between the existing boundary as defined in punjab government notification no. 13295-c-55/32245, dated the 10th december, 1955, as subsequently amended, .....

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Feb 27 1992 (HC)

Municipality, Rampura Phul Vs. Hardev Singh Alias Bhola

Court : Punjab and Haryana

Decided on : Feb-27-1992

Reported in : AIR1993P& H68

..... shop on rent from the defendant-appellant and had been regularly making payments of the rent to the municipal committee, under receipts. it is alleged that the notices under sections 80 and 81 of the punjab municipal act, 1911 (hereinafter referred to as the act) were served on the plaintiffs-respondents for recovery of arrears of rent. the plaintiffs-respondents replied to ..... those notices but, without deciding their objections, the municipal committee started the recovery proceedings. it was further alleged by the plaintiffs-respondents that ..... the pleadings of the parties, the following issues were framed by the trial court :--1. whether the defendant-committee cannot proceed against the plaintiff under section 81 of the punjab municipal act? 2. whether the suit is not maintainable in the present form? 3. whether this court has no jurisdiction to try the present suit? 4. whether the plaintiff has ..... further referred to section 46 and subsections (2) and (3) of the section 47 of the punjab municipal act, which read as under :--'46. authority to contract.-- (1) the committee or any municipality of the first class may, subject to the provisions of this act, delegate to one or more of its members, other than an associate member, the power of .....

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Nov 23 1992 (HC)

Gurbachan Singh, Proprietor Anand Poultry Farm Vs. Municipal Committee ...

Court : Punjab and Haryana

Decided on : Nov-23-1992

Reported in : (1993)103PLR608

..... g.r. majithia, j.1. this petition, is directed against the appellate order dated october 13, 1980 passed by the additional deputy commissioner, patiala (exercising the appellate powers under the punjab municipal act, 1911).2. the petitioner is the owner of a poultry shed situate at sirhind. the annual rental value of this property for the year 1978-79 was assessed at rs. 864/-. ..... all these things, annual assessment at rs. 71,280/- made by the office is being confirmed.'aggrieved against this order, the petitioner preferred an appeal under section 84 of the punjab municipal act before the deputy commissioner, patiala, which was entrusted to the additional deputy commissioner, patiala for disposal. the same was dismissed by order dated october 13, 1980.3. the appellate order ..... the standard rent, moreover, increase in the annual rental value cannot be made retrospectively.4. mr. mittal submits that the petitioner had contested the election against the president of the municipal committee and it was for this reason that penal action was initiated. i am not inclined to express any opinion in this regard since i find that the impugned order ..... cannot be sustained. the appellate authority did not invite its attention to the rule of law laid down in devon daulat rai kapoor v. new delhi municipal committee, a. i. r. 1980 s. c. 541. where the apex court had authoritatively laid down that the annual value cannot exceed standard rent. before embarking upon an increase in .....

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Apr 01 1992 (HC)

Municipal Corporation of Ludhiana Vs. Dinesh Kumar and anr.

Court : Punjab and Haryana

Decided on : Apr-01-1992

Reported in : (1993)103PLR723

..... construction without getting their plan sanctioned in order to appreciate the contention raised, it would be appropriate to re produce the provisions of sections 195 and 195-a of the punjab municipal act, 1911, which are as follows:-'195. penalty for disobedience. -should a building be begun, erected or re-erected-(a) without sanction as required by section 189(1); or(b ..... under section 195 of the act was also issued to the plaintiffs to demolish the construction. as regards the amount of composition received, the ..... stands compromised, the notices were alleged to be illegal, mala fide and without jurisdiction.4. municipal committee put in appearance and alleged that the plaintiffs have raised construction without getting their plan sanctioned and so notice under section 195-a of the municipal act was issued to plaintiffs since the plaintiffs did not stop from raising any further construction, notice ..... in accordance with the sanctioned plan. both these sections, i.e. section 195 and 195-a of the act are co related and to some extent the powers vested in the committee under these provisions are overlapping. once the municipal committee is found to have compounded by recovering suitable charges from the respondent in the proceeding commenced with the .....

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Aug 24 1992 (HC)

Ajaib Singh Vs. Sukhdev Singh

Court : Punjab and Haryana

Decided on : Aug-24-1992

Reported in : (1992)102PLR723

..... before us. under section 192 of the municipal act building schemes are contemplated and in case a building scheme is in force restriction on the nature of use is ..... bench decision of the punjab and high court in hari mittal's case (1986-1) 89 p. l. r 1. we find that this decision has followed the two judge bench judgment of this court in kamal arora v. amar singh's case the provisions of the punjab municipal act, 1911, were also placed ..... the landlord is not entitled to seek order of ejectment as he has failed to prove on record any sanctioned scheme under the punjab municipal law or the punjab town improvement act in order to show that the building of which the premises in dispute form part, cannot be used for any other purpose ..... would be with reference to 1973 when the tenancy as created. this question arises determined with reference to section 11 of the east punjab urban rent restriction act, 1949.we direct that the rent controller shall receive evidence for parties and collect such other evidence as he considers necessary to ..... got vacated for personal necessity as the premises in occupation of the respondent is not 'residential building' as defined under the east punjab urban rent restriction act but is a shop. the rent controller dismissed the ejectment application after finding that the ground of personal necessity is not available to .....

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Apr 30 1992 (HC)

Ravindra Properties Pvt. Ltd. and ors. Vs. Union of India and ors.

Court : Delhi

Decided on : Apr-30-1992

Reported in : 47(1992)DLT538; 1992(23)DRJ270

..... .(18) before examining the contentions urged by the learned counsel for the petitioner, it will be relevant to notice a few provisions of pm act, 1911, the building bye-laws and the delhi development act, 1957 which are as under:- punjab municipal act, 1911:- 189(1) no person shall erect or re-erect or commence to erect or re-erect any building without the sanction of the ..... its letter dated .16th january, 1976 informed the petitioner that its building plan application dated 20th november, 1975 had been rejected under section 193 (2) of the punjab municipal act. 1991 (hereinafter referred to as the pm act). (5) in reply to the petitioner's letter dated 28th october, 1976, the chief architect, ndmc vide his letter dated 28th october, 1976 informed the petitioner ..... ) restraining ndmc from discharging its statutory duty of sanctioning the plans of multi - storeyed buildings under the provisions of pm act, 1911, is invalid and not enforceable. the said decision being administrative in nature cannot override the provisions of the said act. 3. the aforesaid decision of the government of india dated 17th 0ctober,1985 modified the then master plan issued under the ..... (1) the authority shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this act.'(19) it will be seen from above that under section 189(1) of the pm act, 1911 no person can erect any building without sanction of ndmc. under section 190(2) of the said .....

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Aug 31 1992 (HC)

Nirmal Singh Vs. Kuldip Raj

Court : Punjab and Haryana

Decided on : Aug-31-1992

Reported in : (1992)102PLR693

..... us. under section 192 of the municipal act building schemes are contemplated and in case a building scheme is in force, restriction on the nature of use ..... full beach decision of the punjab and haryana high court in hari mittal's case (air 1986 punjab 119). we find that this decision has followed the two judge bench judgment of this court in kamal arora v. aman singh's case the provisions of the punjab municipal act, 1911, were also placed before ..... prove that the area in which the building is situated is residential one or there is any sanctioned scheme either under the punjab municipal law or under the punjab town improvement act, to show that the building could not be used for any other purpose except residential. respondent also produced on record photograph, ..... after the report is received.'and submitted that a report may be called from the controller as to whether any scheme framed by the municipal corporation exists under which room forming part of the building in dispute could not be used for any other purpose except residential. i am ..... with reference to 1973 when the tenancy was created. this question arisen be determined with reference to section 11 of the east punjab urban rent restriction act, 1949.we direct that the rent controller shall receive evidence for parties and collect such other evidence as he considers necessary to .....

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