Court : Punjab and Haryana
Decided on : Nov-30-1993
Reported in : (1993)105PLR295
..... , 23, 38-e, 51 and 53 of the punjab municipal rules, 1952 (hereinafter referred to as the rules) before the deputy commissioner challenging the election of the petitioner. deputy commissioner forwarded the ..... orderashok bhan, j. 1. general elections of the councillors for municipal corporation, amritsar, were held on 28.4.1991 under the punjab municipal corporation act (hereinafter referred to as the act). petitioner alongwith respondents no. 1 to 9 and 15 contested the election from ward no. 39 of the municipal corporation, amritsar, and was declared elected.2. vijay kumar respondent no. 1 filed ..... an election petition on 27.5.1991 under section 18 of the act read with rules 17 ..... election petition to the punjab government who in turn entrusted the same to the regional deputy director, local government punjab at amritsar (hereinafter referred to as the prescribed .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-26-1993
Reported in : AIR1993Bom327; 2004(3)BomCR371; 1993(1)MhLj685
..... suggestions from the people of the locality and afforded them an opportunity of being heard. in this case, the supreme court contrasted the provisions of himachal pradesh municipal act with the provisions contained inthe orissa municipality act, whereby the procedure of inviting objections and suggestions from the residents of the locality was prescribed. it was held by the supreme court that section 256 of ..... was relevant for purposes of judging the validity of the challenge. ultimately in para 68 of the judgment, the supreme court held that s. 59(f)(v) of the punjab excise act, 1914 was perfectly valid and the exercise of power to regulate including to direct closure for some days every week was reasonable and that there was enough guidelines in the ..... views expressed by mahatma gandhi, the father of the nation, articulating the inarticulate millions -- the views of george barnard shaw -- on the subject. s. 59(1)(v) of the punjab excise act empowered the state government to fix days and hours during which any licenced premises may or may not be kept open and direct the closure thereof on special occasions. the ..... area of gadchiroli district as specified in the impugned notification.12. while laying down the relevant principles, the supreme court surveyed the earlier cases on the subject, like state of punjab v. khan chand, : 2scr768 and gwalior reyon mills v. asstt. commissioner s.t., : 94itr204(sc) . the learned counsel for the respondents have rightly relied on ratio of .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-05-1993
Reported in : (1998)IIILLJ655MP; 1994(0)MPLJ704
..... to the workmen and compliance of section 25f was not essential. 8. thirdly, it was contended that the petitioners have filed an appeal under section 308 of the m. p. municipalities act, 1961, and the collector having found the order of termination legal and proper has dismissed the same. this contention has also no merit as appeal was not maintainable, under the ..... and smt. indira nair, learned counsel for the respondents-workmen, were heard. 4. firstly, it was contended by the petitioner that the municipal council is a statutory body, constituted, under the m. p. municipalities act, 1961, for short, the 'act' which discharges its statutory functions and duties and provides civic amenities such as light, water and conservancy to the public in the limits ..... excluded in the section would amount to 'retrenchment'. 7. recently, the supreme court, in the case of d.k. yadav, (1993-ii-llj-696), after considering the case of punjab land development and reclamation corporation ltd., (supra) and its earlier decisions, has reiterated the view about the scope of the definition of 'retrenchment' in section 2(oo) which is a ..... within any of the excepted categories mentioned therein. an invalid appointment is not one of the exceptions, therefore, would amount to 'retrenchment'.6. the supreme court in case of punjab land development and reclamation corporation ltd., (1990-i-llj-70) while considering a case of eight employees whose appointments were made by the chairman who had no power to appoint .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-11-1993
Reported in : (1994)106PLR694
..... raised, counsel for the respondent-landlord had also urged that as the house in question was a part of village dugri and was outside the limits of the municipal corporation, ludhiana, the act was not applicable thereto and, as such, the application itself was not maintainable. the petitioner also produced certain documents in support of his case, including a letter ..... which it had been mentioned that village dugri was outside the limits of municipal corporation, ludhiana. in addition to this letter, the petitioner also produced another letter dated 30th july, 1991 issued by the estate officer, urban estate, punjab, ludhiana, to the effect that the provisions of the municipal corporation act did not apply to the urban estate dugri road, ludhiana. the ..... respondent-landlord had, however, relied on a certificate dated 25th april, 1994 issued by the municipal corporation, ludhiana, categorically showing that house no. 2056-c, moza dugri ..... h.s. bedi, j.1. the respondent, wing commander chaman lal sharma, filed an application under section 13-a of the east punjab urban rent restriction act, 1949 (hereinafter referred to as the 'act') seeking to evict the petitioner from h.no. 2065-c, phase-i, urban estate dugri road, ludhiana, on the ground that as he was due to retire on .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-14-1993
Reported in : (1994)106PLR59
..... in this appeal states that the government has passed an order dated 30th october 1981 under sub- section (3) of section 275 of the punjab municipal corporation act and the government has permitted the hari om cooperative house building society and its members to build houses on a part of the land acquired. ..... the view taken by the full bench of this court in radhey shyam's case was not accepted by the apex court. in fact, in state of punjab v. hari om cooperative house building society amritsar, 1987 (supplement) s.c.c. 687, their lordships were pleased to observe as under:-'1. special ..... of land, as residential area and the government has proceeded to acquire the land by issuing a fresh notification under section 4(1) of the act and a fresh declaration under section 6. the procedure now followed by the government does not appear to be unfair as the landowners whose land ..... , faridabad controlled area. this notification was allowed to lapse. another notification was published in the gazette on november 4, 1977 under section 4 of the act for providing that 'land described in the specification below is required for the development and utilisation of land as industrial areas in sector nos. 31,32, ..... no. 2767 of 1982. these may be briefly noticed.2. the state of haryana issued a notification under section 4 of the land acquisition act, 1894 on september 18, 1973 expressing its intention to acquire land for a public purpose namely the development and utilisation of land measuring 238.35 .....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 : May-10-1993
Reported in : (1995)105PLR364
..... between asa singh kanshi ram was reduced into writing exhibit d-3 dated 2.12.1956. subsequent entries in the house tax assessment register of municipal committee record plaintiffs and gurdit singh and others in exclusive possession over the area which has fallen to their respective share as per memorandum of partition ..... register as well is also without any substance. entry in the assessment register is not a document of title. this is essentially prepared by the municipal committee to recover house tax from the owner/occupier. thus, even if one of the party is recorded to be in the column of owner/ ..... observed that no other witness has been examined to prove this writing in the bahi. referring to the entries in the assessment register of the municipal committee, the court held that the same cannot be construed as document of title nor such entries could be preferred vis-a-vis revenue record ..... partition between the parties had already taken place, this document has been wrongly ignored by the trial court. not only this, entries in the municipal register for the assessment of the house tax clearly prove the assertion of the appellants that the suit property already stands partitioned. on these premises ..... property of the plaintiffs and gurdit singh etc. and is liable to be partitioned as alleged opp. 2. whether the plaintiffs are estopped by their act and conduct from filing the present suit opd. 3. whether the plaintiffs have no cause of action to file the present suit opd. 4. whether .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-28-1993
Reported in : JT1993(3)SC693; (1994)106PLR216; 1993(1)SCALE209; (1993)1SCC608; 1SCR326
..... grant of special leave, we would refer to the cases decided by this court and the full bench decisions of the punjab & haryana high court relied in the impugned order. in the municipal corporation of the city of ahmedabad v. chandula shamaldas patel and ors. 1970 1 scwr 183 decided on 8.1 ..... marbles's ease (supra). in this case the high court of karnataka in a writ petition filed by hubli dharwar municipal corporation, set aside an award made under the land acquisition act, 1894 in respect of the compensation payable to the appellants t. ramakrishniah and directed to reopen the proceedings before the ..... as desired by the union of india. the land owners including the respondents of the present case filed reference petitions under section 18 of the act. during the pendency of the reference application before the additional district judge, gurgaon, an application was moved by the union of india through deputy ..... upaj mandi samiti which as a statutory body was a distinct entity. the land acquisition officer under his award made under section 11 of the act determined the market value of the acquired lands at rs. 500 per bigha and awarded compensation accordingly. on a reference sought by the respondent ..... & marbles being a private company for which the land was acquired was undoubtedly ' a person interested' as contemplated by section 18(1) of the act: it was held that the definition of' a person interested' given in section 18 is an inclusive definition and must be liberally construed so as .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-05-1993
Reported in : 1994(3)BomCR148
..... foundation to impose punishment or is only a motive. a larger bench of seven judges of this court in shamsher singh v. state of punjab elaborately considered the question and laid down the rule in this regard. the play of fair play is to secure justice procedural as well as ..... motive or is the very foundation of the order. the supreme court then referred to the constitution bench decision in shamsher singh v. state of punjab, reported in : (1974)iillj465sc in para 27 of the judgment at page 1633 of the report. that was also a case of termination of ..... on ad-hoc basis between december 1966 and november, 1977 and appointments were to continue till regular candidates were recommended by the board. government of punjab passed a circular regularising the ad-hoc appointments. however, services of the appellants were terminated with effect from 31st january, 1991. when orders of ..... been considered for promotion. he, therefore, contended that promotion was wrongly ordered and if the municipal administration had acted bona fide in correcting the mistake which had occurred as a result of secrecy observed between the municipal commissioner and director general of a.c.b., this was not a case for interference ..... at ex. d dated 6th november 1987. shri vashi placed strong reliance on two supreme court decisions namely (i) case of jarnail singh v. state of punjab, reported in : (1986)iillj268sc and (ii) delhi transport corporation v. d.t.c. mazdoor congress and others, reported in 1991 supp. (1) supreme .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-17-1993
Reported in : 1994(1)BLJR48; 1993(3)SCALE394; 1994Supp(1)SCC734; Supp1SCR607
..... respect of his inventory of private properties. that included sterling castle an( 34, alipur road, delhi amongst other private properties. 28.merely because the municipal committee, simla did not bring or, record the names of the beneficiaries under the deed of relinquishment by dr tehl singh, effect of mutation accordingly ..... list of nabha state properties, price paid and details of title deeds etc. sterling castle is included. 15-05-1924- state engineer, nabha writes to municipal board, simla for reassessment of taxes of sterling castle, which is described as nabha state property, ex. d-4. 27-08-1924- british prepare ..... by sovereign or feudatory princes, of any lands in british territory, however and from whomever acquired. this policy was communicated to all native states in punjab including the state of nabha. 5.maharaja ripudaman singh was the ruling chief of nabha state in the early twenties of this century. his ruling ..... august, 1948 execute on behalf of the union an instrument of accession in accordance with the provisions of section 6 of the government of india act, 1935, and in place of the instruments of accession of the several covenanting states; and he shall by such instrument accept as matters ..... as the ruler. he wielded sovereign powers over this territory. on his death in 1911 his son ripudaman singh came to power. the admitted facts are: 45.maharaja ripudaman singh ascended the gaddi of nabha in 1911 and came to rule the state. he was an absolute monarch enjoying the same .....Tag this Judgment!