Court : Punjab and Haryana
Decided on : Aug-20-1993
Reported in : (1993)104PLR718
..... and is surrounded by shops on both sides, and thus, is an independent unit of residential building respondent has not brought on record any sanctioned scheme under the punjab municipal law or punjab town improvement act in order to show that the building, of which shop in dispute forms part, cannot be used for any other purpose except residential on identical facts, i ..... appellate authority, no permission was sought from the rent controller for converting the room of residential building into non-residential one as provided by section 11 of the east punjab urban rent restriction act and, therefore, the landlord was entitled to get it vacated on the ground of personal necessity. consequently, an order of ejectment was passed against the tenant. tenant ..... buildings are 'residential'. referring to the definition of 'non-residential building' and 'residential building' as contained in clause (d) and clause (g) respectively of section 2 of the act, he contended that building, of ahich shop forms part, would remain residential building. reliance was also 'placed on a judgment of the supreme court in gulraj singh grewal v. dr ..... dispute is an independent unit and was let out for the purpose of running the business.3. faced with this situation, learned counsel for the respondent contended that under the act, the buildings are divided into two categories 'non-residential' and 'residential'. according to him, buildings used solely for the purpose of business or trade are 'non residendential and .....Tag this Judgment!
Court : Delhi
Decided on : Nov-24-1993
Reported in : 53(1994)DLT99
..... bahri, j.(1) these two writ petitions pertain to challenging the orders of the appellate authorities by virtue of which appeals filed by the petitioner under the punjab municipal act objecting to the fixation of rateable value of the property bearing no.1, aurangzeb road, new delhi, for the assessment years 1975-76 & 1976-77 ..... month and thus, by virtue of section 6a(l)(a) of the delhi rent control act, 1958 the said amount would be deemed to be the basic rent and the rateable value of the property under the punjab municipal act has to be fixed keeping in view the standard rent. i have perused the orders ..... .418.00 per month vide copy of the order annexure 'b' and in appeal the said order was affirmed by the president of the new delhi municipal committee vide copy of the order being annexure 'c' and the assessing authorities have completely ignored the said two orders. (4) a plea has been ..... whether any standard rent has been fixed under the said provisions or not could be easily known to the new delhi municipal committee because it is the president of the new delhi municipal committee which was the appellate authority under the said order who had decided the appeal fixing the rent under the said ..... what is the value of the same. the impugned orders cannot be sustained as they have completely ignored the provisions of the delhi rent control act, 1958while fixing the rateable value inasmuch as rs.418.00 per month has to be treated the basic rent in view of the aforesaid provisions for .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-12-1993
Reported in : AIR1994SC169; 1993(3)SCALE371; (1994)1SCC92; Supp1SCR667
..... made. section 16 thereof conferred power on the development authorities to levy properly tax. subsequently, it was amended in 1976 by act 6 of 1976. section 69(d) incorporated the provisions of municipalities act and municipal corporation act in the 1973 act to regulate the procedure to levy property tax. it was contended that the subsequent amendment of 1976 was not applicable. in that behalf relying ..... actually written with pen, in it, and, the moment you have those clauses in the later act, you have no occasion to refer to the former act at all15. in secretary of state v. hindustan co-op. insurance society ltd. , the judicial committee was to consider whether calcutta improvement trust act, 1911 which in express terms modified partly the body of the l.a ..... was held that it is only by reference. in bhatinda improvement trust's case section 59(b) of the punjab town improvement act, 1992 provided that the land acquisition act may be subject to further modification us indicated in the schedule to the said act. schedule ii (clause 1) provided the procedure for publication of the notification under section 36 as provided under sub ..... . act or partly in the schedule attached to it. therein, section 26(2) of the act empowered to constitute a 'tribunal' in the place of the 'court' under the l.a .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-09-1993
Reported in : [1992(65)FLR916]; (1993)105PLR265
..... it has been further averred that the respondent was not employed by the committee in accordance with the provisions of sections 38 and 39 of the punjab municipal act, 1911 but only by the officer incharge of the work. there is no existing job against which the workman can be reinstated. it has been further ..... court have ordered the reinstatement of persons employed on work charged basis or daily wages in the circumstances of these cases ?2. the municipal committee, mandi gobindgarh, is the petitioner in 12 of these cases. in the remaining two cases viz. civil writ petitions nos. 14442 & 14459 of 1992 ..... court through the present writ petitions. 4. in the writ petition, it has been inter alia averred that the municipal works are executed in accordance with the provisions contained in chapter xii of the municipal account code, 1930. the work can be got done either through a contractor or through the department. in ..... , the municipal committee, rajpura is the petitioner. the petitioners are aggrieved by the awards given by the labour court by which it has been held that the ..... such contract being terminated under a stipulation- in that behalf contained therein' does not amount to retrenchment as contemplated under section 2(oo) of the act. if a person is engaged for a specific period, or for the execution of a specific work and a clear stipulation is made in the contract .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-04-1993
Reported in : JT1993(3)SC238; 1996(6)KarLJ107; 1993(2)SCALE772; (1993)3SCC161; 3SCR522
..... its determination; such an obligation is not covered by subs. (2) of section 32. 17. in connection with the imposition of terminal tax on salt under the punjab municipal act, in firm seth radha kishan v. administrator, municipal committee, ludhiana : 2scr273 , it was said that where a statute created a liability and provided a remedy, party aggrieved should pursue the remedy provided under ..... . municipal committee, chheharta : 118itr488(sc) , and it was held:-where a revenue statute provides for a person aggrieved by an assessment thereunder, a particular ..... the levy of octroi duty under the c.p. and barar municipalities act, 1922 was examined by this court in bata shoe co. ltd. v. jabalpur corporation : 3scr182 , and held it was barred.20. whether the court can hear and determine suits relating to levy of professional tax under the punjab municipal act, 1971 was examined in the case of munshi ram v ..... thereof. any person aggrieved by an order of sealing or demolition which is passed shall, however, have the right of filing an appeal to the appellate tribunal under the municipal act. the appellate tribunal is the only forum which has the jurisdiction to grant interim relief.' the other part of the order in respect of which objection has been taken is .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-10-1993
Reported in : [1992(65)FLR105]; (1995)ILLJ867P& H
..... respondent no. 2 was employed as peon with the petitioner- management under the terms and conditions laid down under the punjab municipal act, 1911. he filed an application under section 33c(2) of the in-dustrial disputes act (hereinafter to be referred as 'the act'), before the labour court, bhatinda, seeking special pay @ rs. 40 per month for doing some additional work and rs ..... which has been challenged in these petitions.4. admittedly, on october 20, 1976, the deputy director, local government, ferozepur, had ordered that additional allowance paid to the punjab municipal employees except revised grades given by the report of pay committee should be stopped immediately. it was observed in the aforesaid order that the payment of additional allowance was causing ..... heart-burning and had brought down efficiency. it caused division amongst the employees and the municipal committee was burdened with financial load. the respondent- workman as per orders aforesaid was not to be given additional allowance. it is in consequence of this order that ..... annexure-p-2, had necessarily to be gone into and the same could not be done in proceedings initiated by respondent-workman under section 33c(2) of the industrial disputes act. for his aforestated contention, the learned counsel relies upon the decision of the supreme court in central inland water transport corporation ltd. v. their workman 1974 (29) flr .....Tag this Judgment!
Court : Orissa
Decided on : Sep-14-1993
Reported in : AIR1994Ori11
..... state legislature is circumscribed by list ii of schedule vii, the power given by section 131 of theorissa municipal act cannot be more extensive. in indian oil corporation v. municipal corporation, jul-lundhar, air 1993 sc 844, the supreme court while considering section 113 of punjab municipal corporation act (which is in pari materia with section 131(l)(kk) in paragraph 9 of the judgment observed ..... title to the goods.6. in the case at hand, the problem is elsewhere. we are here concerned with section 131(l)(kk) of the orissa municipal act, 1950 which provides as follows:'131.(l)the municipal council may, from time to time, at a meeting convened expressly for the purpose of which due notice shall have been given subject to the provisions ..... as follows:--'entry of goods within the local area for consumption, use or sale therein is made taxable by the state legislature on the authority of entry 52 of list ii of schedule vii. the municipality derives its power ..... sc 906. it was a case of charging octroi on the products of burmah-shell company brought inside the octroi limits of belgaum municipality for sale. section 73 of the bombay municipal boroughs act, 1925 provided, inter alia, that a municipality may impose an octroi on animals or goods brought within the octroi limits for consumption, use or sale therein. in paragraph 20 of .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-06-1993
Reported in : AIR1994Raj62
..... 15. in dr. h.s. rikhy v. the new delhi municipal committee, air 1962 sc 554 while interpreting the provisions of sections 18 and 47 of the punjab municipal act, 1911, whose provisions are similar to the provisions of section 80 of the act, the apex court has held that the legal significance of the ..... expression 'shall not be binding on the committee' in section 47 is that the contract, the power to enter which is given by section 18, shall not be enforceable against the municipal ..... sale deed dated 30-7-1985 (annex. r/6) executed in favour of respondent no. 2 by the municipal board under section 80(2) of the rajasthan municipalities act, 1959 (hereinafter referred to as the act), ordered for refund of the sale amount and for taking the possession of the disputed land. aggrieved by the ..... it stands firmly established that the respondent ganga singh had filed revision petition no. 7/89 under section 80(2) of the act against sag ram and the municipal board challenging the order of allotment d/-20-7-85 and the allotment letter d/-30-7-85 annex. r./6, wherein ..... allotted in favour of sag ram. it is is alleged that the said order was clearly against the provisions of the act and the rules of 1974. the then chairman, municipal board, nagaur also issued, subsequent order of allotment dated 30-7-1985 annex. r/6 in favour of respondent sag .....Tag this Judgment!
Court : Orissa
Decided on : Feb-24-1993
Reported in : AIR1993Ori302
..... in accordance with law. ' in the decision reported in air 1979 sc 1250, their lordships of the supreme court having examined the provisions of the punjab municipal act came to hold that where a revenue statute provides for a person aggrieved by an assessment thereunder, a particular remedy to be sought in a particular ..... it was further observed that 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 civil court where the grievance of the party relates to an assessment or the principle of assessment ..... division, cuttack west, cuttack v. surendranath kanungo, air 1980 ori 119, and a decision of the supreme court in the case of munshi ram v. municipal committee, chheharta, air 1979 sc 1250. so far as the decision reported in air 1980 ori 119, i really fail to understand how that decision is ..... in view of the conceded position, as referred to earlier, in my considered opinion, the provisions of section 7-b(l) of the indian telegraph act having no application to the disputed question, jurisdiction of the civil court cannot be held to be ousted. the contention of the learned senior standing ..... remedy for enforcing it, a remedy provided by the statute must be followed and the court's jurisdiction is ousted. the scheme of the particular act is to be examined to see if remedies normally associated with actions in civil suits are prescribed by the statute. (iv) the legislature may entrust .....Tag this Judgment!
Court : Delhi
Decided on : Mar-16-1993
Reported in : 50(1993)DLT207; 1993(25)DRJ548; 1993RLR436
..... question is as to what would the annual value of the properties subject-matter of these petitions under clause (b) of sub-section (1) of section 3 of the punjab municipal act, 1911 (for short 'the act') as applicable to new delhi. the assessment year is 1991-92 (1 april 1991 to 31 march 1992). the properties involved are flats situated in multi-storeyed buildings ..... determine the annual value of the building on the basis of such figure of standard rent. the case of dr. balbir singh was under the provisions of the delhi municipal corporation act and again the court held that standard rent chargeable was the upper limit though the agreed rent could even be less than the standard rent. in both these cases the ..... gandhi marg, new delhi. the flat has been let out at a monthly rent of rs.4,316.00. the new delhi municipal committee (n.d.m.c.), the first respondent issued a notice under section 65 of the act proposing to enhance the annual value from existing rs.9,798.00 to rs.56,977.00. in the notice it was ..... properties were governed by provisions of the drc act as the drc act applied to the areas under the jurisdiction of n.d.m.c. and of the municipal corporation of delhi under the provisions of the delhi municipal corporation act as mentioned in section 1 (2) of the drc act. that covered almost whole of the urban areas of delhi. (8 .....Tag this Judgment!