Court : Punjab and Haryana
Decided on : Jun-04-1993
Reported in : (1993)104PLR489
..... framed thereunder ; yet the same cannot be so construed debarring the court from examining the other evidence led by the parties that the building, in fact, was re-erected haryana municipal act envisages imposition of fine or compounding of the offence with regard to raising of such construction which was merely violative of building bye-laws. this way appellant certainly cannot take ..... in a case reported as m/s. punjab tin supply co. chandigarh v. central government and lekh raj v central government, a. i. r. 1984 s. c. 87., the ..... property of an owner/occupier for house tax purposes only.13. newly constructed buildings have been exempted from the purview of the act for a period of 10 years from the date of its completion. under the east punjab rent restriction act also, newly constructed buildings have been exempted by issuance of notification for a period of 5 years at a time successive ..... notification had been issued exempting the newly constructed buildings from the purview of the act. these notifications were subject matter of challenge before the apex court .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-23-1993
Reported in : I(1994)ACC84; 1993ACJ1072; AIR1994Kant8; ILR1993KAR1834; 1993(3)KarLJ519
..... interest.'therefore, the pronouncement of the supreme court in the ruling of hardeo kaur v. rajasthan state transport corporation, : 2scr272 or chameliwati v. delhi municipal corporation, : air1986sc1191 or jasbir singh v. general manager, punjab roadways, : 3scr1095 , is not the law declared by the supreme court.9. again a division bench of this court in oriental insurance co. ltd ..... evolve a situation to mitigate hardship which was acceptable by all the parties concerned. it was delivered without argument, without reference to the relevant provisions of the act conferring express power on the municipal corporation to direct removal of encroachments from any public place like pavements or public streets, and without any caution or authority. that being so, the direction ..... on judicial discretion. it cannot also be a ground to compensation for the loss of erosion of the value of money due to inflation. the provisions of the interest act providing of interest on compensation under the land acquisition cases are not relevant. the compensation paid is on account of pecuniary loss or non-pecuniary loss. the interest ..... stall accordingly, the direction given was improper. the high court could not have made the impugned direction contrary to the provisions contained in ss. 320 and 322 of the delhi municipal corporation act. decision of delhi high court, reversed.'in o. v. shanthakumari v. kokila, : ilr1990kar4324 , a full bench of this court has laid down what is the law declared .....Tag this Judgment!
Court : Chennai
Decided on : Apr-21-1993
Reported in : 214ITR93(Mad)
..... the profession tax is not very complicated and the procedure provided for the assessment and review under the bihar and orissa municipalities act, 1922, is reasonable. 63. yet another submission is that while moneylenders licensed under the tamil nadu money lenders act, 1957, have been included in entry 15 of the schedule, there is no mention in the schedule about the ..... 'profession, trade, calling and employment'. 2. as per section 2(4) of the act, 'local authority' means, -'(a) the municipal corporations of madras, madurai, coimbatore or.........; or (b) a municipal council constituted under the tamil nadu district municipalities act, 1920; or (c) a panchayat constituted under the tamil nadu panchayats act, 1958; or (d)...........' 3. earlier, different provisions in different enactments enabled the relevant ..... set out.' 33. further, a similar submission made before the supreme court in relation to the legislative competency of the punjab legislature in passing the enactment, punjab passengers and goods taxation act, 1952, which was claimed by the said punjab state as falling under entry 56 of list ii, was also repelled by the supreme court thus in international tourist corporation ..... 60 of list ii read with article 246 empowers the state legislatures to pass a law levying the abovereferred to tax. they are megha singh and co. v. state of punjab, [fb] of five judges and bar council of a. p. v. govt. of andhra pradesh  210 itr 203;  2 an. wr 531 (ap) [db]. we also .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-12-1993
Reported in : (1994)106PLR87
..... , on which the aforesaid relief rests reveal that the petitioner is working as lecturer in geography in s.b.s. (municipal) college, kotkapura, in district faridkot in the state of punjab on regular basis. she applied for allotment of a dwelling unit to respondent no. 1 in the year 1987 and was ..... there is nothing in the written statement controverting the fact that petitioner had not concealed anything and clearly mentioned her self to be an employee of municipal committee and residing at faridkot. ignoring this, admittedly as well, the board issued her allotment letter and kept on receiving the instalments of money ..... mohali or panchkula. it is further provided that similarly persons who have acquired a house/residential site anywhere in india through government/semi government/municipal committee/corporation/improvement trust at a concessional rate in their name or in the name of any dependent member of their family will not ..... behalf of respondent no. 1 through sh. r.k. gupta, secretary of the board. it has been mainly pleaded that the petitioner being a municipal employee did not satisfy the eligibility criteria as laid down in regulation 6 of the chandigarh housing board (allotment, management and sale of tenements) regulations ..... till october, 1992. it is too late in the day for the respondent to raise the plea of eligibility as by its own act and conduct the board is debarred from raising such an objection at such a belated stage. this apart, the petitioner who applied for a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-06-1993
Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; Supp2SCR659
..... madras district municipalities act, 1920, section 3 read that 'for the purpose of election of councillors to a municipal council, the local government 'after consulting the municipal council' may by notification decide the municipality into wards ..... ______________________________________________________________________ 13. madras 2 - 1 ______________________________________________________________________ 14. orissa - - 1 ______________________________________________________________________ 15. patna (do not maintain official record) 1 ______________________________________________________________________ 16. punjab haryana - - 1 ______________________________________________________________________ 17. rajasthan - 1 1 ______________________________________________________________________ 18. sikkim - - - ______________________________________________________________________ total 13 7 15 ______________________________________________________________________ statement in reply ..... 14. orissa 14 13 1 9 4 - - - _________________________________________________________________________ 15. patna 35 32 3 22 10 - - - _________________________________________________________________________ 16.punjab haryana33 29 4 18 11 - - - _________________________________________________________________________ 17. rajasthan 25 22 3 14 8 - 1 - _________________________________________________________________________ 18. sikkim 3 1 .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-09-1993
Reported in : AIR1994All221
..... 2 which have been admitted the written statement. the pleadings per se show that the plaintiff has been the owner and landlord of house no. 34 (municipal no. 313/36a, khunkhunji road, ghowk, lucknow) and that- hindustan commercial bank, kanpur was the plaintiffs tenant in respect of a portion on the ..... of supervising the construction or guarding of the building and the construction. according to case of the parties, building in question is subject to assessment of municipal taxes and, therefore, for the purpose of ourcase, the date of construction will be on which the first assessment of the building in the tenancy ..... 2,550/-. the plaintiff further alleged that the building in dispute has been a new construction and it was for the first time assessed to the municipal tax by nagar mahapalika w.e.f. april 1, 1979 and, as such, the plaintiff alleged that the building in dispute or to say that ..... 1979 was not correct. learned counsel for the revisionist further submitted that the building known as house no.34 (bearing municipal no.313/36-a khunkhunji road, chowk, lucknow was assessed to municipal taxation in the year 1976 and even earlier and, therefore, the said building or construction even if taken to ..... in dispute on the amalgamation of hindustan commercial bank with the punjab national bank. the rate of rent as alleged in view of the allegation of paragraph 2 having been admitted without any exception.52. section 105 of the t. p. act defines the lease as the transfer of right to enjoy the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-17-1993
Reported in : AIR1993P& H293; (1993)104PLR425
..... fit to make with regard to the scheme. provision for service of notice of proposed acquisition of land has been made under s. 38. section 39 of the act provides that the municipal committee shall furnish the chairman at his request and on payment of such fees as may be prescribed by rule made under s. 73 with a copy of such ..... of haryana respectively, have since lapsed. in view of the said statement these writ petitions have become infructuous.14. resultantly, the constitutional validity of section 44-a of the punjab town improvement act, (iv of 1922), is upheld but in view of the schemes involved in the three writ petitions having lapsed, as stated by the deputy advocate general, haryana at the ..... which these appeals are filed and remand the cases to the high court to consider only the question relating to the constitutional validity of s. 44-a of the punjab town improvement act, 1922, as in force in haryana and the notifications issued from time to time under the proviso to the said section granting extension of the periodfor the completion of ..... 1982, decided, on december 9, 1982. consequently, the writ petition is allowed and the impugned acquisition proceedings emanating from the notifications published under ss. 36 and 42 of the punjab town improvement act, are hereby quashed qua the petitioners.'the improvement trust, karnal, aggrieved by the abovesaid decisions of this court filed appeals before the apex court. the same were disposed of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-28-1993
Reported in : AIR1993P& H306; (1993)104PLR147
..... held was not competent as an alternative remedy by way of an election petition was available under section 13-b of the punjab gram panchayat act, 1952 (hereinafter called the 'act'). in the written statement filed on behalf of respondents nos. 1 to 4 the reasons for the rejection of the nomination papers ..... efficacious. it bears repetition that there is no constitutional bar to the maintainability of such a writ petition with respect to local bodies such as municipal committees, district boards or gram pan-chayats in the manner indicated by the constitution under article 329 with respect to elections held to the state assemblies ..... election dispute, except by way of an election petition, there is no such embargo in respect of election disputes relating to local bodies such as municipalities and the like. in this situation, if the courts have declined to interfere it is as a matter of restraint in the exercise of their ..... jalandhar and other dated 3-9-1992 relied upon by the respondents wherein the attempt of the petitioner to call in question an election to the municipal com-mittee was rejected holding that an appropriate remedy as available to the party by way of an election petition, it had been laid down ..... in joginder singh v. the state of haryana, 1986 plj 501, and finally a full bench judgment reported as jagraj singh v. state of punjab, 1986 punjab legal reports and statutes 225.8. we have considered the arguments of the learned counsel for the parties in the light of the facts and .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-21-1993
Reported in : (1994)1GLR377
..... the observations were made in context of provisions of section 414 of me calcutta municipal act, 1951. it was held that on a proper consideration of the first proviso to section 414(3) of the calcutta act, it seems that after a demolition order is passed and the copies of ..... complex. it is contended that none of the occupiers were issued any notice under section 260(1) of the bombay provincial municipal corporations act, 1949 (hereinafter referred to as 'the act'). however, on 17th may, 1993, a demolition squad assisted by the police force, fire brigade etc. came to demolish ..... the petitioners, there was a conspiracy to cheat the citizens between the first and the second respondents, inasmuch as officers of (he second respondent-municipal corporation, have connived at the unauthorised construction and the corporation had recovered taxes in respect of the shops. it is alleged that there was ..... 1989, calling upon it to submit its explanation by 23rd december, 1989. it is stated that during inspection it was found that jagdishbhai, punjab transport company, vijay tea stall and mangal pan house were in occupation of the shops unauthorisedly constructed by the society. therefore, notice was also ..... corporation from discharging its statutory functions under the provisions of sections 260, read with section 478 of the act. as held by the supreme court in amrit banaspati co. v. state of punjab : 1992(59)elt13(sc) , no legal relationship could arise by operation of promissory estoppel which would .....Tag this Judgment!
Court : Delhi
Decided on : May-03-1993
Reported in : 1993(26)DRJ251
..... under section 8 of ordinance 12 of 1949, in respect of property nos.4 flagstaff road civil lines,delhi. order this is an application under section 12 a of east punjab act of 1947, as extended to delhi, and is now treated under section 8 of ordinance 12 of 1949. from the evidence on record and the statement of the petitioner and ..... portions of the property known as 4, flagstaff road, delhi, were sold in 1960 to three different purchasers who have, since, had their respective building plans ap- proved from the municipal corporation of delhi and are in their separate portions. another portion of the property was sold by shri rushdie to shri bhikhu ram jain, ex-m.p. it seems that ..... , 1. block,connaught place, new delhi. r.b.nanak chand is mentioned as a tenant under shri a.a. rushdie in the municipal, income tax and wealth tax records. the rent payable was attached after 1962 by the municipal and income tax authorities for non payment of the dues by shri a.a. rushdie after his leaving for u.k. 'by an ..... . (41) reference may also be made to the judgment of the supreme court in lachhman dass and others v: municipal committee, jalalabad and others etc., : 3scr645 , which held the provisions of section 20b of the displaced persons (compensation and rehabilitation) act, 1954, as unconstitutional for the reason that the section enables the central government to deprive rightful owner of the property .....Tag this Judgment!