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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1995 Page 1 of about 271 results (0.086 seconds)

Feb 02 1995 (HC)

Parvinder Singh Bajaj Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Feb-02-1995

Reported in : (1995)110PLR573

..... are not proved under section 16(1)(2). i would like to bring to his notice the commentary of section 16 at page 139 of the book 'doabia's- the punjab municipal act, 1911 with rules.'it reads as under:-'29. abuse as president removal as member, was. justified - whereas the president of a committee misused his position it was held that his removal ..... , respondent no. 2. on april 6, 1994, he ordered as under:-'i have gone through this case and find that sh. parvinder bajaj, president, municipal committee, sangrur has acted beyond his powers under section 35 of the punjab municipal act, 1911. as has been reported in para 3 at np/13 by aslg/dlg that the works were not of such nature which involved or likely ..... have carefully gone through this case and i find that there is no charge of any material irregularity against sh. parvinder bajaj, president, municipal committee, sangrur, except that he got four works done under section 35 of the municipal act without getting the approval of the committee. in his reply, he has stated that he got these works done under the directions of ..... the deputy commissioner, sangrur and keeping in view the urgency of completing these works in public interest. this act has been confirmed by the d.c., sangrur on .....

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Sep 11 1995 (HC)

Hari Singh Vs. Municipal Committee and anr.

Court : Punjab and Haryana

Decided on : Sep-11-1995

Reported in : (1996)112PLR88

..... . objection was taken with regard to the jurisdiction of the court as well as to the validity of the notice under section 49 of the punjab municipal act, 1911. defendant no.2, however, did not file any written statement.4. on the pleadings of the parties, the following issues were framed:-(1) ..... owns/manages on behalf of provincial government or any such body nor any such register maintained by the municipal committee has been adduced in evidence. section 56 of the punjab municipal act, 1911 deals with property/properties which vest in the committee, as per sub-clause (3), which reads as:-'the ..... committee shall maintain a register and a map of all immovable property of which it is the proprietor, or which vests in it or which it holds in trust for the state government.'10. thus, a duty has been cast upon the municipal ..... court indeed erred in law in upsetting the well considered judgment of the trial court. otherwise too, as per section 56 of the punjab municipal act, a municipal committee is required to maintain a register and a map of all immovable property of which it is the proprietor, or which vests ..... decided in favour of the plaintiff. under issue no.2, it was held that notice issued by the plaintiff under section 49 of the municipal act is valid. under issue no. 3 it was held that the civil court has got jurisdiction to try the suit. issue no. 4 was .....

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Aug 17 1995 (HC)

Roshan Lal Vs. Municipal Committee

Court : Punjab and Haryana

Decided on : Aug-17-1995

Reported in : (1996)112PLR567

..... does not contravene any provision of the constitution.3. the punjab municipal act, 1911 was enacted to make better provision in the administration of the municipalities in the state. section 3(i) of the act defines the annual value of the property for the purposes of the act. section 84 provides for an appeal against the assessment or ..... . allowed 1979 s.c. 1250, considered the scope of section 9 of the c.p.c. and sections 84 and 86 of the punjab municipal act and held :' it is well recognised that where a revenue statute provides for the person aggrieved by an assessment thereunder, a particular remedy to ..... modes of seeking it are excluded. construed in the light of this principle, it is clear that sections 84 and 86 of the 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 under ..... the applicability of section 9 of the c.p.c. and decided only, ' the applicability of the provisions of the limitation act to a claim regarding the levy of tax by the municipal board.7. the reliance of the learned counsel for the appellant on tejinder kaur v. m.c. tarn taran, 1983 p ..... this act.'the court confirmed its earlier judgment in firm seth radha kishan v. administrator municipal committee, ludhiana,a.i.r. 1963 s.c, 1547.6. the reliance of the learned counsel on 'firm .....

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May 01 1995 (HC)

Vasudeva Publicity Service Vs. New Delhi Municipal Committee

Court : Delhi

Decided on : May-01-1995

Reported in : 1995IIIAD(Delhi)292; 59(1995)DLT227; 1995(33)DRJ589; 1995RLR444

..... jaspal singh, j. (1) the dispute revolves mainly around the effect of bye-laws made by the new delhi municipal committee relating to pasting of bills and advertisements framed under section 188(n) of the punjab municipal act, 1911. however, let me first bring forth the factual canvass. (2) the plaintiff firm is engaged in the business of outdoor publicity/advertisement, inter alia, by way ..... of display of hoardings etc. in delhi and other places. it says that it applied by registered post to the new delhi municipal committee for grant of permission to ..... effect of the above-noted bye- laws? they show that since an advertising sign means any surface or structure 'with characters, letters of illustrations applied thereto', the new delhi municipal committee has the power to regulate such advertisements and that while exercising this power it has to keep in view 'the consideration of the aspects of urban aesthetics, public safety ..... sanctioned as per bye law 3 of the bye-laws and consequently the hoardings were erected and advertisements displayed. the grievance of the plaintiff firm is that the new delhi municipal committee is threatening to remove, deface and damage the said hoardings. hence its suit for permanent injunction and an application under order 39 rules 1 and 2 of the .....

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Sep 14 1995 (HC)

Roshan Lal Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Sep-14-1995

Reported in : (1996)112PLR660

..... petitioner was removed from service vide order annexure p2 dated 17.9.1982 passed by the executive officer, municipal committee, malerkotla in the purported exercise of powers under section 45(1) of the punjab municipal act, 1911 (for short, the act). during all these years, it has not been possible for the court to take up the case ..... make it constitutionally valid. if i was to read section 45(1) as governing the cases of permanent employees and i was to hold that the municipal committee can dispense with the service of a permanent employee by giving him one month notice or pay in lieu thereof, the provision would be open ..... for the parties and the court make earnest endeavour to decide the pending cases at the earliest.2. the petitioner who joined the service of the municipal committee, malkerkotla as safai sewak in the year 1962 was confirmed on that post in the year 1975 only to be thrown out of the job ..... constitution of india. in support of his arguments, shri mittal relied on a decision of the full bench of this court in ram nath v. state of punjab and ors., a.i.r. 1976 p&h; 396.4. in my opinion, the aforesaid arguments of shri mittal cannot be accepted. no doubt, section ..... the intervening period. for monetary benefits, the petitioner shall be free to avail the remedy available to him under section 33-c(2) of the industrial disputes act, 1947 in view of the law laid down by the supreme court in the managing director, u.p. warehousing corporation and ors. v. vijay narayan vajpayee .....

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Aug 21 1995 (HC)

Bright Food Industries Vs. New Delhi Municipal Committee and anr.

Court : Delhi

Decided on : Aug-21-1995

Reported in : 1995(34)DRJ543

..... good industries. (7) learned counsel for the defendant urged before me that in view of the provisions of section 47 of the punjab municipal act, 1911 every contract made on behalf of the municipal committee must be signed by two members, one of whom must be president or vice- president and the same must be counter ..... the administrator was functioning at the time when the contract in question was entered into, the contract executed by the administrator on behalf of the defendant municipal corporation is valid and legal and the same is binding on the defendant. i am, thereforee, unable to accept the contention of the defendant ..... his affidavit on 13.12.1994. .the heading of the said document reads: 'this agreement is made this .2nd day of september 1992 between new delhi municipal committee, palika kendra, parliament street, new delhi (hereinafter called the first party) and m/s.bright good industries, south of g.t. road, industrial area ..... n.d.m.c. the administrator for n.d.m.c. comes into picture when an action is taken against the municipal committee under section 238 and when the municipal committee is not actually functioning. it is very pertinent to note that defendant has nowhere pleaded in its written statement that in ..... signed by the secretary. thereforee, as the contract in question is not signed by two members of the municipal committee the same is not valid and legal. in support of this contention he has cited before me the cases of h.s. rikhi vs . .....

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Apr 16 1995 (HC)

inder Vijay Singh Vs. N.D.M.C

Court : Delhi

Decided on : Apr-16-1995

Reported in : 1995IAD(Delhi)1389; 1995(33)DRJ299; 1995RLR254

..... .k. sabharwal, j. (1) in these two writ petitions the question involved is about the assessment of house tax under the provisions of punjab municipal act, 1911 (for short the act) in respect of flat no.3, gauri apartments, 3 and 4, south end lane, new delhi. in cw.3908/93, the assessment ..... in respect of special amenities provided by the landlord under the agreement between him and his tenant. the term 'rent' has not been defined in the act. hence it must be taken to have been used in its ordinary dictionary meaning. if, as already indicated, the term 'rent' is comprehensive enough to ..... house or building together with its appurtenances and any furniture that may be let for or enjoyment therewith. the term 'rent' has not been defined in the act. the question, thereforee, is whether the rent of these air-conditioners, can be taken into consideration while determining the annual value under clause 'b' of ..... hire charges of four air-conditioners cannot be taken into consideration while determining the 'annual value' within the meaning of the section 3 of the act. reliance has been placed by mr.lekhi on first proviso to section 3(1)(c) which provides that in the calculation of the annual value ..... the meaning of proviso-1 to clause-'c' of section 3(1) of the act. learned counsel for the petitioner laid strong reliance on a division bench decision of this court in bansi dhar v. the new delhi municipal committee 1973 mcc 495 in support of the contention that these air-conditioners are 'machinery .....

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Feb 01 1995 (HC)

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

Court : Punjab and Haryana

Decided on : Feb-01-1995

Reported in : (1996)113PLR164

..... divisional officer has illegally observed that 7 members had voted against the no-confidence, motion. according to the petitioners, three co-opted members of the municipal committee ceased to hold office with the amendment of the punjab municipal act, 1911 and, therefore, they had no right to cast their votes in the meeting held on 6,6.1994 and if their votes are ignored from ..... to entitle an individual to challenge the matters relating to election in a court of law. moreover, in terms of the punjab municipal act, 1911, as it stands after amendment, the members of the legislative assembly not, only becomes a member of the municipal committee; but he/she also gets a right to vote. a reply on more or less same lines has been filed ..... , as many as 7 members voted against the resolution of no-confidence motion. respondent no. l has pleaded that amendment to the punjab municipal act, 1911, was necessitated in view of 73rd and 74th constitutional amendments. respondent no. 1 has also pleaded that right to contest election, the right to become a candidate, the right to ..... of the constitution together with the punjab municipal act, 1911, as it stood prior to its amendment by the amending act of 1994, as also the amended provisions, shows that even before the addition of part-ixa to the constitution, the legislature of punjab had enacted the punjab municipal act which dealt with constitution of the municipalities, composition thereof, the duration of the municipalities, term of the office of the .....

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Sep 13 1995 (HC)

The Muncipal Committee Vs. the Deputy Commissioner

Court : Punjab and Haryana

Decided on : Sep-13-1995

Reported in : (1996)112PLR507

..... to assess respondent no. 2 for house tax. after giving hearing to respondent no. 2 the petitioner issued a notice dated 30.1.1980 under section 65 of the punjab municipal act, 1911 (for short 'the 1911 act') and gave opportunity to respondent no. 2 to file objections against the fixation of annual rental value of the building as rs. 3,07,665/-. on 24.2 ..... cost.annexures p1 and p3 are notices given to respondent no. 2 for assessment of the annual rental value of the factory building under section 3(l)(c) of the punjab municipal act, 1911. in its reply respondent no. 2 submitted that the assessment should be done as per section 3(l)(c)(ii) because the building is self-occupied. respondent no.2 ..... hoshiarpur. it has been prayed that the order (annexure p7) dated 7.7.1980 be quashed with other appropriate relief.2. the municipal committee, hoshiarpur is a creature of the punjab municipal act, 1911. vide notification dated 4.9.1979 issued by the punjab government, the existing limits of the town of hoshiarpur were extended and the premises of m/s mahavir spinning mills ltd., phagwara ..... road, hoshiarpur, were brought within the limits of the municipality. the executive officer of the petitioner municipal committee wrote to respondent no. 2 on .....

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Mar 01 1995 (HC)

Jagroop Singh Gill and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

Decided on : Mar-01-1995

Reported in : AIR1995P& H303; (1995)110PLR347

..... provide for any proviso like the one which existed in proviso to subsection (3) of section 238 of the act. even the punjab municipal act, 1911 (act no. 11 of 1994) has omitted section 238 of the punjab municipal act, 1911, and sections 13 and 14 of the said act have been amended so as to make it in consonance with the provisions of the constitution of india as enunciated ..... counsel for the petitioners has mainly stressed the ground of violation of principles of natural justice and non-compliance of the provisions of section 238 of the punjab municipal act, 1911 (hereinafter referred to as the 'act').4. the respondent have file a detailed counter and their stand is that the government has taken a conscious decision and formed a considered view that it ..... 13. we cannot lose sight of the fact that the committee and the petitioners are an elected body. the body has been elected in accordance with the provisions of punjab municipal act and their tenure as prescribed under law is five years. the right of effective hearing in the event of suspension or supersession of the committee have now even been ..... to deal with other contentions. before we deal with respective contention raised by the learned counsels, it will be appropriate to look into the relevant provisions. sec. 238 of the punjab municipal act, under which the respondents have taken the action and issued the impugned notification (annexure p-l) reads as under:--'238. suspension and supersession of committee.-- (1) if, in .....

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