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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1993 Page 1 of about 246 results (0.096 seconds)

Jun 04 1993 (HC)

M/S. Eko Electronics, Patiala and Others Vs. State of Punjab and Other ...

Court : Punjab and Haryana

Decided on : Jun-04-1993

Reported in : AIR1994P& H141

..... the entry of any goods into the local area for consumption, use or sale therein. the slate has delegated these powers to the municipal committee under s. 161 of the municipal act. the explanation to s. 61(2) of the punjab municipal act, 1911 further clarifies that in the said section, the tax will include any duty, cess or fee, which the state legislature has the power ..... area or whether such checking can be made only when a person is bringing or receiving such article to the municipal limits. to resolve this controversy, it will be worthwhile to reproduce the provisions of ss. 76 and 77 of the punjab municipal act, 1911, which read as under:--'76. power to examine article liable to octroi.-- every person bringing or receiving within the octroi ..... for restraining the respondents from entering into the business premises of the petitioners for the purpose of search and seizure of the goods, as there is no provision in the punjab municipal act, 1911, in this regard.2. in brief the facts are that the department of local self government to the state of ..... or terminal limits of any municipality any article on which octroi or terminal tax is payable shall when required by an officer, duly authorized .....

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Jun 04 1993 (HC)

Eko Electronics and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jun-04-1993

Reported in : (1993)105PLR483

..... the entry of any goods into the local area for consumption, use or sale therein. the state has delegated these powers to the municipal committee under section 161 of the municipal act. the explanation to section 61(2) of the punjab municipal act, 1911 further clarifies that in the said section, the tax will include any duty, cess or fee, which the state legislature has the power ..... area or whether such checking can be made only when a person is bringing or receiving such article to the municipal limits. to resolve this controversy, it will be worthwhile to reproduce the provisions of sections 76 and 77 of the punjab municipal act, 1911, which read as under:-'76. power to examine article liable to octroi. - every person bringing or receiving within the octroi ..... for restraining the respondents from entering into the business premises of the petitioners for the purpose of search and seizure of the goods, as there is no provision in the punjab municipal act, 1911, in this regard.2. in brief the facts are that the department of local self government to the state of ..... or terminal limits of any municipality any article on which octroi or terminal tax is payable shall when required by an officer, duly .....

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Dec 23 1993 (HC)

Tejwant Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Dec-23-1993

Reported in : (1993)105PLR599

..... on the part of the members to hold co-option and thus there was no consequential right conferred on the state government to resort to section 12-d of the punjab municipal act, 1911 with a view to go-ahead with the process of nomination. earlier, a question of identical nature cropped up for consideration before the division bench in roshan lal singla v ..... petition, the question arises as to what is meant by the term 'in the event of failure to co-opt due to disturbance' used in section 12-e of the punjab municipal act, 1911. before dealing with this aspect it may be seen that the convenor of the meeting has used the word 'cancelled' while postponing the meeting. the stand of the petitioners is ..... also be seen that the convenor of the meeting is supposed to hold a meeting in accordance with the provisions as envisaged under section 25 (2) and 29 of the punjab municipal act in the matter of holding the meeting. there is no provision which may confer a power on the chairman to 'cancel' or 'adjourn' a meeting. thus, even if expression 'cancelled ..... failure of respondent no. 2 to hold the meeting will not entitle respondent no. 1 to nominate any member under section 12-d of the punjab municipal act. he further argued that there is no provisions in the act under which the meeting convened for the purpose of nominating and co-opting the members can be cancelled. the meeting called on 30th september, 1992 .....

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Oct 14 1993 (SC)

Municipal Committee, Abohar Vs. Kanshi Ram and ors.

Court : Supreme Court of India

Decided on : Oct-14-1993

Reported in : 1994Supp(2)SCC547

..... kuldip singh and; s.p. bharucha, jj.1. the question for determination before the high court was whether municipal committee, abohar, had the jurisdiction to impose water tax, in the municipal area, under section 61 of the punjab municipal act, 1911 (the act). following its earlier judgment in khalsa shoe co. v. municipal committee, ambala city1, the high court answered the question in the negative and against the appellant ..... statute it is permissible to a court to take into consideration the history of the legislation. section 61 of the punjab municipal act, 1911, noticed above clearly shows that the legislature had made an express provision for the imposition of water tax. when the act was amended in the year 1923, the legislature expressly repealed this provision. in this situation, it cannot be said that ..... municipal committee, abohar.2. the municipal committee can impose various taxes enumerated under section 61 of the act. water tax has not been included .....

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Oct 15 1993 (HC)

Lahori Mal and anr. Vs. New Delhi Municipal Committee and ors.

Court : Delhi

Decided on : Oct-15-1993

Reported in : 1993IVAD(Delhi)522; 52(1993)DLT395; 1993(27)DRJ635

..... will be rendered valid. however, as it now stands, it goes beyond the rule making power specified in section 188(n) of the punjab municipal act, 1911 and is thereforee rendered ultra vires. it should be the aim of the court to read the bye-law in such a way that it ..... fixed or retained without the written permission of the secretary, new delhi municipal committee granted in accordance with the bye-laws framed by the new delhi municipal committee from time to time under section 188(n) of the punjab municipal act, 1911. provided that no such permission shall be granted by the secretary ..... -7 of 1960.(13) these bye-laws, as is evident from the notification, have been promulgated under section 188(n) of the punjab municipal act and came into effect on the expiry of six months from the date of the publication in the delhi gazette. the bye-laws were ..... advertisements are also put at sites owned by private parties.(3) under the provisions of the punjab municipal act, bye-laws relating to control and regulation of advertisements were framed by the new delhi municipal committee vide notification dated 17th september, 1960. according to the respondents bye-law no.6 ..... any wall or other property of a rly. administration. (h) advertisement which relates to any activity of the central government or the corporation or other municipalities and statutory bodies. 'explanation:- the word 'advertisement means any word, letter, model, sign, placard, notice device or representation, whether illuminated or not .....

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Jul 14 1993 (SC)

M/S. Gobind Pershad Jagdish Pershad Vs. New Delhi Municipal Committee

Court : Supreme Court of India

Decided on : Jul-14-1993

Reported in : AIR1993SC2313; JT1993(4)SC233; (1994)106PLR76; 1993(3)SCALE208; (1993)4SCC69; [1993]Supp1SCR237

..... in front of the shop, owned by the appellant, in the connaught circus, new delhi, as 'public street' under section 171(4) of the punjab municipal act, 1911 (the act). the trial court answered the question in the affirmative and dismissed the suit filed by the appellant-plaintiff. the appeal against the said order was dismissed by ..... has been so put up, the owner or any one of several owners of such street or part of a street lodge objection thereto at the municipal office, the municipal committee may, by notice in writing, put up in such street, or such part, declare the same to be public street vested in the committee ..... for the public. in a situation like this it is necessary for the committee to step in and exercise its powers under section 171(4) of the act. the committee exercises regulatory control and is responsible for the repair and upkeep of the 'public streets'. the verandah in dispute is a 'street'. it has ..... a 'street', then he has no right to claim any compensation when the same property is made a 'public street' under section 171(4) of the act. the 'streets' are meant for public use. it is necessary that the 'streets' which are being used by the public are frequently repaired and are also ..... .9. we agree with the learned counsel for the appellant that before a space can be held to be a 'street' under the act, there must be .....

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Feb 25 1993 (HC)

Sandeep Gilhotra Vs. State of Punjab and Another

Court : Punjab and Haryana

Decided on : Feb-25-1993

Reported in : AIR1993P& H248; (1993)103PLR689

..... p. 3) and the amended notification enhancing the rates with effect from 15-2-1983 (annexure p. 4) being unconstitutional and contrary to the provisions of the punjab municipal act, 1911 (hereinafter referred to as the act) on the ground that these notifications do not provide as the person from whom the tax is to be charged as also the machinery for assessment of the ..... regarding the non observance of the procedure laid down in sections 61 and 62 of the act by the municipal committee before imposing the tax have also been denied.6. sections 61 and 62 of the act deal with the powers of the municipal committee in the state of punjab to levy tax and the procedure to be followed therewith. sections 61 and 62 of ..... the act are reproduced below:--61. taxes which may be imposed :-- subject to any general or special orders which the ..... which the state legislature has the power to impose in the state of punjab under the constitution. a reading of sub-clause (2) of section 61 of the act, makes it clear that before imposition of a tax, sanction of the state government is to be obtained by a municipal committee. it does not show that sanction of the state government is to .....

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Jan 14 1993 (HC)

Brij Lal Vs. Dev Raj

Court : Punjab and Haryana

Decided on : Jan-14-1993

Reported in : (1993)104PLR288

..... 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 haryana high court in had 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 ..... that no such scheme was in existence.6. in the present case also, in absence of any sanctioned scheme either under the municipal act or under the town improvement act, it cannot be hold that the user of the shop was restricted only for the purpose of residence. as i have already ..... learned counsel also admits that nothing has been brought on the record to show that there is a sanctioned scheme either under the municipal act or under the town improvement act. such like controversy came up before the supreme court in civil appeal no. 4216 of 1988, relevant portion whereof is reproduced as ..... be with reference to (sic) when the tenancy was created. this question arises for determination 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 provide .....

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Jun 14 1993 (HC)

Janak Raj Manchanda Vs. Notified Area Committee and ors.

Court : Punjab and Haryana

Decided on : Jun-14-1993

Reported in : (1993)105PLR670

..... plot no. 2 forms part of natural water way/nala. the plaintiff contested this claim of the respondent served notice under section 49 of the punjab municipal act, 1911 but despite this he did not receive any communication from the committee. hence this suit. besides seeking declaration and injunction, the plaintiff claimed damages at ..... in its infancy.13. besides this, much emphasis has been laid by the courts with regard to the provisions contained in section 193 of the punjab municipal act which empowers a committee to sanction or refuse erection or re-erection of a building. there is no material on record by which it could ..... this to be wholly unwarranted. counsel for the defendants, however, on the other hand, relied upon section 32 of the punjab gram panchayat act, 1952, and section 56 of the punjab municipal act for the proposition that area purchased by the plaintiff forms part of the waterway and even if sold by gram panchayat, the ..... no. 1, it was stated that this plot did not come over the said water way/nala. receipt of notice under section 49 of the municipal act was admitted. other averments made in the plaint were denied.6. on the pleadings of the parties, following issues were framed :-(1) whether the ..... ' out of a local nala and thereafter drew a plan to sell the same in plots. necessary sanction was granted under rule 8 of the punjab village common lands (regulation) rules, 1964. one plot was sold to ram saran dass etc who got their plan sanctioned and have also raised .....

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Apr 15 1993 (SC)

Municipal Committee, Bhatinda Vs. Land Acquisition Collector and ors.

Court : Supreme Court of India

Decided on : Apr-15-1993

Reported in : 1993(2)SCALE561; (1993)3SCC24

..... locus standi of the appellant to file the writ petition, it may be stated that in the notification issued under section 4 of the act, it is specifically mentioned that the land is required for the purposes of punjab municipal act, 1911, namely, for the construction of public park etc. in the said notification, it is further stated.and whereas in pursuance of the provisions ..... satisfied that the land described in the specifications below is needed for a public purpose for providing public park etc. at the expense of the municipal committee, bhatinda under section 55 of the punjab municipal act, 1911 read with section 50 of the land acquisition act, 1894.7. from the aforesaid recitals in the notification under section 4 and the declaration under section 6 of the ..... of section 88 of the said act, the municipal committee, bhatinda has requested the government of punjab, to acquire the said land under the provisions of land acquisition .....

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