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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1994 Page 1 of about 271 results (0.087 seconds)

Jul 15 1994 (SC)

Yogendra Pal and Others Vs. Municipality, Bhatinda and Another

Court : Supreme Court of India

Decided on : Jul-15-1994

Reported in : AIR1994SC2550; JT1994(4)SC376; (1995)109PLR338; 1994(3)SCALE296; (1994)5SCC709; [1994]Supp1SCR693

..... of india before the commencement of the constitution notwithstanding that it or parts of it may not be then in operation either at all or in particular areas. since the punjab municipal act, 1911 passed by the then legislature was the existing law within the meaning of article 366(10) and was also the 'law in force' before the commencement of the constitution, the ..... provisions thereof would not violate article 31(2) of the constitution. hence, the attack against the provisions of section 192(1)(c) of the punjab municipal act, 1911 and against the corresponding provisions of section 203(1)(c) of the haryana municipal act, 1973 on the ground of their violation of article 19(1)(f) read with article 31 as they stood then, must fail. it ..... high court in a group of five writ petitions.3. on 17th november, 1969, the state government, under section 3(18)(b) of the punjab municipal act, 1911 (hereinafter referred to as the 'act') declared an area admeasuring 22.23 acres as inbuilt. the said area was described in the notification as pocket no. 6. thereafter, on 11th may, 1976, the state government under ..... differ, they raise a common question of law, viz., whether the provisions of section 192(1)(c) of the punjab municipal act, 1911 and the corresponding provisions of section 203(1)(c) of the haryana municipal act, 1973 for compulsory transfer of the land to the municipal committees without payment of compensation, are valid.2. for the purpose of this common judgment, we propose to narrate the .....

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Oct 06 1994 (HC)

Keshwa Nand, Municipal Commissioner and ors. Vs. Tejwant Singh and ors ...

Court : Punjab and Haryana

Decided on : Oct-06-1994

Reported in : (1995)109PLR162

..... to what was meant by the term, 'in the event of failure to co-opt due to disturbance' as used in section 12-e of the punjab municipal act, 1911 and after discussion relevant provisions of the act and taking into account the meaning of word 'cancelled', in the context and facts and circumstances of the present case, came to a positive conclusion ..... punjab government gazette on september 14, 1992. under sections 12-a, 12-b and 12-c of the ..... civil) - convener to convene a meeting of the newly elected members of the municipal committee, amloh, for the purpose of co-option of balmikies, women and backward class members as required under section 12-a of the punjab municipal act 1911. petitioners and respondents 5 to 8 were elected as municipal commissioners from municipal committee, amloh and a notification regarding their election was published in the ..... contention of the learned counsel appearing for the appellants is that in view of repealing of sections 12-a to 12-e of 1911 act by virtue of punjab municipal (amendment) act, 1994 and there being no provision now in the amended act for co-option, the directions issued by the learned single judge can not possibly be complied with.6. we have given .....

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Mar 31 1994 (SC)

Ravinder Kumar Vs. State of Punjab and anr.

Court : Supreme Court of India

Decided on : Mar-31-1994

Reported in : 1995Supp(1)SCC594

..... in resolution no. 39. the government published a notification under section 5(1) of the punjab municipal act, 1911 (for short the act) in the state gazette on 16-2-1987. thereafter, the municipal committee, by beat of drum, published a notification in the municipal area and the extension has become effective under section 5 thereof. calling in question the legality thereof, the appellant filed writ ..... k. ramaswamy and; n. venkatachala, jj.1. special leave granted.2. we have heard learned counsel on both sides. the municipal committee, nurmahal, district jullundur in the state of punjab, by a resolution dated 24-12-1984, decided to extend the outer limits of its jurisdiction and a resolution (no. 6) to that effect was passed on that day. the ..... official gazette and in such other manner as it may determine, declare its intention to include within a municipality any local area in the vicinity of the same and defined in the notification whether such area is a municipality or a notified area under this act or not.its close reading indicates that the first requirement, namely, publication in the official gazette is ..... petition no. 3310 of 1987 in the high court. the punjab and haryana high court by its .....

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Oct 04 1994 (SC)

New Delhi Municipal Committee Vs. State of Punjab, Etc. Etc.

Court : Supreme Court of India

Decided on : Oct-04-1994

Reported in : AIR1995SC3; 1994(4)SCALE390a; (1994)6SCC619

..... immoveable property within the union territory of delhi. it is the contention of the states that they are exempt from the payment of property tax leviable under the provisions of punjab municipal act, 1911, as applicable to delhi by virtue of the exemption granted to the property of a state by article 289(1) of the constitution of india. the contention of the states ..... (sc) . we are bound by this decision.4. this, however, does not detract from the plausibility of the contentions advanced before us on behalf of appellant and the intervener, the municipal corporation of delhi. these contentions, based upon constitutional provisions, were not advanced in the cases aforementioned and require consideration. large financial stakes are involved. accordingly, these matters shall be placed ..... against the judgment and order of the delhi high court delivered on 14th march, 1975, in civil writ petition no. 342 of 1969, state of andhra pradesh v. new delhi municipal committee, and against other orders of the same high court which follow the aforementioned judgment. the respondents in these various civil appeals and special leave petitions are the states of ..... aforementioned, which was, in the main, founded upon the opinion of this court in re. the bill to amend section 20 of the sea customs act, 1878, and section 3 of the central excises and salt act, 1944, 1964-3 s.c.r. 787.3. having duly considered the majority opinion in the presidential reference aforementioned, we find that the point at .....

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Oct 10 1994 (HC)

Dr. Harbhajan Singh Vs. State of Punjab and Others

Court : Punjab and Haryana

Decided on : Oct-10-1994

Reported in : AIR1995P& H87; (1995)109PLR30

..... . if the vote cast by the associate member is excluded, the resolution passed by the remaining members fall short of 2/3rd requisite majority as per s.22 of the punjab municipal act, 1911. besides these factual averments, he, has beefistaed that in the absence of the presideni, vice-president has no right to convene such a meeting and even othervise adequate notice was ..... the m.l.a. who was only an associate member as per s. 12(1)(c) of the punjab municipal act, 1911 (for short 'the act') and thus had no right to cast the vote as the municipal committee was constituted before coming into enforcement of amending act 11 of 1994, with a further direction in the nature of mandamus to allow the petitioner to function as ..... had no right to vote in the meeting relied upon ss. 12 and 13 of the act and amendment effected vide act no. 11 of 1994 cannot be retrospectively applied to the existing municipality. elaborating, the counsel urged that as per s. 12 of the punjab municipal act, 1911, constitution of the committee comprised of: (i) elected members; (ii) co-opted member/members; and (iii) associate members ..... . casting of vote by the associate member -- mla -- has been justified on the ground that in compliance with the 74th amendment of the constitution consequential amendments were effected vide amending act no. 11 of 1994 in the punjab municipal act, 1911, and the earlier bar that such a person though can take part in the proceedings of any meeting of the .....

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Apr 11 1994 (HC)

Citizen's Welfare Council and others Vs. State of Punjab and another

Court : Punjab and Haryana

Decided on : Apr-11-1994

Reported in : AIR1995P& H116

..... directions were issued to the effect that the revision of water rates and sewerage charges may be implemented by each committee/ corporations by following the relevant provisions contained in punjab municipal act,1911 and punjab municipal corporation act, 1976'. on may 8, 1993, the executive officer of the notified area committee, s.a.s. nagar conveyed to the executive engineer that the new rates may ..... dec, 1, 1990 and the subsequent enhancement vide order dated 10 march, 1993 to rs. 1.20 per kilo-litre is arbitrary and violative of the provisions of the punjab municipal act, 1911. the action has been challenged on various grounds which shall be presently noticed.3. the respondents contest this claim and aver that the impugned orders had been issued after ..... respondents in providing various facilities. it has also been averred that the impugned orders have been issued by the state government in exercise of its powers under the punjab municipal act, 1911 (hereinafter referred to as 'the act') and that the action is fair, reasonable and legal.4. counsel for the parties have been heard. mr. r.l. batta, learned counsel for the ..... has been produced as annexure p. 19 with the writ petition. the petitioners pray for the quashing of these orders.7. the provisions of the punjab municipal act, 1911 may be briefly noticed. chapter v of the act provides for the imposition of taxes. section 61 enumerates the taxes which can be imposed. a perusal of this section shows that an explanation was .....

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Feb 09 1994 (HC)

Kashmiri Lal and ors. Vs. the President, Municipal Committee and ors.

Court : Punjab and Haryana

Decided on : Feb-09-1994

Reported in : (1994)107PLR513

..... further submitted that the action of the deputy director in suspending the operation of the resolutions passed by the committee was wholly beyond the provisions of section 232 of the punjab municipal act, 1911 and was violative of the principles of natural justice. learned counsel submits that in view of the facts that no hearing was afforded to the petitioners, the suspension of the ..... instructions on the subject, municipal committees have been making gross mis-use of ..... the urban areas. besides, after extension of municipal limits, some of the panchayat lands have also been vested in the concerned municipal committees and government have also vested nazul land, within the municipal limits in the different municipal committees, under section 56(f) of the punjab municipal act, 1911.3. no rules have, however, been framed for leasing out of such municipal properties and in the absence of detailed .....

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Jan 04 1994 (HC)

Sarwan Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jan-04-1994

Reported in : (1994)107PLR208

..... action is still vitiated in as much as the meeting for considering the requisition was not held in accordance with the provisions of section 25 of the punjab municipal act, 1911. the claim made on behalf of the petitioner has been controverted by mr. t.s. doabia, who has appeared on behalf of respondent no. ..... it is found to have been passed in violation of the law. what is the position in the present case?17. rule 47 of the punjab municipal election rules, 1952 (hereinafter referred to as the rules) lays down the procedure for the holding of a meeting and the service of notice ..... a democratic set up, a detailed procedure for election of the president and the vice president of a committee has been laid down in the punjab municipal election rules 1952. he submits that in the interest of democratic principles, the same procedure should be followed even at the time of consideration of ..... voting on the no confidence motion should be done through secret ballot as is done at the time of electing the president of municipal committee under the punjab municipal election rules. however, this proposal was not conceded and the no confidence motion as moved by shri malkiat singh was declared to have ..... secret ballot. it has been further averred that the provisions of the punjab municipal election rules are not applicable in this case because for the removal of the president, the provisions contained in sections 22 and 25 of the act have to be followed. the normal practice for passing of a resolution .....

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Mar 30 1994 (HC)

Municipal Committee, Yamuna Nagar and Others Vs. Sukhminder Singh and ...

Court : Punjab and Haryana

Decided on : Mar-30-1994

Reported in : AIR1995P& H108; (1995)110PLR541

..... was not within the provisions of section 35 and consequently, the injunction granted by the courts below should not be vacated.5. the municipal account code is a compilation of rules 'published under section 240 of the punjab municipal act, 1911 vide punjab government notification no. 11961 dated the 4th april 1930. . . . . .'. chapter ii of this code relates to the preparation and finalisation ..... sub-committee. faced with this situation, the president on march 9, 1993 invoked his emergency powers under section 35 of the haryana municipal act, 1973 and submitted the budget proposals to the committee. on march 24, 1993, the municipal committee accepted the proposal. this was approved by the commissioner, ambaia division, on june 19, 1993.3. on april 22, 1993 ..... by the finance subcommittee, cannot render the decision of the committee which has been approved by the commissioner as illegal or violative of the provisions of the act and the municipal account code. he further submits that the provisions are in any case merely directory and that the action of the petitioners was in strict conformity with the ..... president.' consequently, itheld that 'the legal procedure, prescribed under the act, has not been followed and the action of the president is, therefore, patently wrong. it will cause great loss to the state exchequer. the public is also, therefore, interested along with the present plaintiffs, who arc municipal commissions.' accordingly, it up held the decision of the trial court .....

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Mar 25 1994 (HC)

N.S. Tewana Vs. Union of India and ors.

Court : Delhi

Decided on : Mar-25-1994

Reported in : 1994IIAD(Delhi)593; 54(1994)DLT578; 1994(29)DRJ258

..... authority is making the order'. (20) the judgment of the supreme court in ram dial and others v.the state of punjab, : [1965]2scr858 dealt with the removal of member in public interest under section 14(e) of the punjab municipalities act, 1911, which did not contemplate hearing before removal of member in public interest whereas. section 16 provided for hearing in the manner ..... providing for speedy action to meet emergent situations may well be construed as excluding the principle audi alteram partem. all that we say is that section 238(1) of the punjab municipal act does not.'(25) in liberty oil mills and others v. union of india and others : [1984]3scr676 it has been held by the supreme court that 'it is not ..... calamitous situations gloomily foreboded by the learned attorney general where there would not be enough breathing time to observe natural justice, at least in a rudimentary way. a municipal committee under the punjab municipal act is a public body consisting of both officials and non officials and one cannot imagine anything momentous being done in a matter of minutes and seconds. and, natural ..... which read as under: 'one of the submissions of the learned attorney general was that when the question was one of disqualification of an individual member, section 16 of the punjab municipal act expressly provided for an opportunity being given to the member concerned whereas section 238 (1) did not provide for such an opportunity and, so, by necessary implication, it must .....

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