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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1996 Page 1 of about 316 results (0.088 seconds)

Oct 07 1996 (HC)

New Delhi Municipal Council Vs. Motor Industries Co. Ltd.

Court : Delhi

Decided on : Oct-07-1996

Reported in : 1997IIAD(Delhi)88; 65(1996)DLT257; 1997(40)DRJ738

..... published in gazette of india (extraordinary) pt.ii, sec. 3, sub-sec (ii) dated 10th november, 1995. this is the date of establishment of council and on this date the punjab municipal act, 1911 ceases to have effect in new delhi. (26) the submission of the learned counsel for the petitioner that the council should be deemed to have been established on 14.7 ..... the court to which appeal lay at the commencement of the suit stands abolished.'(10) three things are to be pertinently noted : '(i)that inspire of the ndmc act, 1994 having repealed the punjab municipal act, 1911, there is no specific provision transferring the pending appeals to the district judges or providing for pending appeals to be dealt with according to the provisions of new ..... if any, in dispute in the appeal has been deposited by the appellant in the office of the council.' '416.repeal and savings. punjab act 3 of 1911. (1)as from the date of the establishment of the council, the punjab municipal act, 1911, as applicable to new delhi, shall cease to have effect within new delhi. (2)notwithstanding the provisions of sub-section (1) of ..... may be under section 115(1) though the assessment was initiated and made under chapter v of the punjab municipal act, 1911. such appeal must comply with section 116 of the ndmc act, 1994. (2) the appeals pending since before 10th november, 1995 and filed under the punjab municipal act, 1911 shall continue to be heard by the adm. compliance with section 116 ndmc, 1994 cannot be insisted .....

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Jul 02 1996 (HC)

Aggarwal and Modi Enterprises Pvt. Ltd. Vs. New Delhi Municipal Commit ...

Court : Delhi

Decided on : Jul-02-1996

Reported in : 1996IIIAD(Delhi)860; 63(1996)DLT676; (1996)114PLR53

..... punjab municipal act, 1911. section 49 of the punjab municipal act, 1911 reads as under: 'section49.-suits against committee and its officers - no suit shall be instituted against a committee, or against any officer or servant of a committee, in ..... the suit is barred in view of the provisions contained under section 49 of the punjab municipal act, 1911?' (4) the suit is filed on the basis of the order passed by this court on 13.2.1980 setting aside the award with the following observations : 'the award in ..... declaration to this effect may kindly be passed.'(2) the case had a chequered career. the defendant filed the written statement taking plea that notice under section 49 of the punjab municipal act, 1911 was not issued by the plaintiff and, thereforee, the suit is not competent. (3) on 3.11.1981, issues were framed by this court and the first issue is 'whether ..... remanding the case back to the arbitrator to decide the dispute on merits'.(5) this court did not permit the plaintiff to file the suit without issuing notice under the punjab municipal act, 1911, and it is not stated in the plaint that any notice was issued to the defendant. (6) the matter squarely comes within the mischief of section 49 of the .....

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Dec 01 1996 (HC)

Kishan Lal Vs. New Delhi Municipal Committee

Court : Delhi

Decided on : Dec-01-1996

Reported in : 1997IAD(Delhi)652; 65(1997)DLT281; 1997(40)DRJ404

..... led evidence and also the defenant. i do not want to go into the merits because section 49 of the punjab municipal act, 1911 stand in the way of the plaintiff. section 49 of the municipal act, 1911 reads as under:- section 49 : suits against committee and its officers - no suit shall be instituted against a ..... hence the plaintiff is entitled to damages.(5) the defendant filed written statement contending, inter alia, that no notice under section 49 of the punjab municipal act, 1911 was issued by the plaintiff before filing the suit and thereforee, the suit was not competent, that the plaintiff could have filed an appeal ..... committee, or against any officer or servant of a committee, in respect of any act purporting to be done in its or his ..... has been so delivered or left: provided that nothing in this section shall apply to any suit instituted under section 54 of the specific relief act, 1877.notice under this section was not issued. thereforee, in the light of this mandatory provision the suit cannot be said to be maintainable. ..... the plaintiff sent a reply on 20.02.1976. the defendant took proceedings under section 5 of the public premises (eviction of unauthorised occupants) act, 1971 before the estate officer on 21.06.1976. on 24.07.1976 the plaintiff filed the reply to the proceedings initiated by the defendant .....

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Jul 31 1996 (HC)

Kranti Arora Vs. N.D.M.C.

Court : Delhi

Decided on : Jul-31-1996

Reported in : 1996IVAD(Delhi)87; 70(1997)DLT120; 1996(39)DRJ635; 1996RLR396

..... of paper book) which purports to have been issued under section 67-a of punjab municipal act. but on perusal of the punjab municipal act, 1911, we could not find any section 67-a in any edition of books on the punjab municipal act. obviously and in all probability, the section number has been wrongly mentioned. without ..... january 1992 for the purpose of assessing the flat for the first time for the year 1990-91 under section 67-a of punjab municipal act, 1911 (hereinafter called the pm act) at an annual value of rs.3,72,629.00 minus 10% calculated on the basis of comparable market rent. despite ..... (1) this petition has been filed for (i) quashing the impugned order dated 24th may 1993 dismissing petitioner's appeal under section 84 of the punjab municipal act, assessing flat no. 12, having an area of 1148 sq. ft. in gauri apartment, 3-4 south end lane, new delhi at annual ..... . pursuant to notice dated 17th january 1992, the petitioner is directed to appear before the committee/assessor in office thereof under new delhi municipal council act, on 12th august 1996. the assessing authority shall provide the petitioner with such supplementary information forming the basis for the proposed revision of ..... dated 2(3) an appeal was filed against the said order before the additional district magistrate, north-east, delhi under section 84 of pm act. mrs. nandita sehgal, additional district magistrate (n/e) delhi while confirming the impugned order dated 20th may 1993, upheld the contentions of the .....

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Dec 19 1996 (SC)

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

Court : Supreme Court of India

Decided on : Dec-19-1996

Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472

..... the states in the matter of taxation.party - v55. the following conclusions flow from the above discussion:(a) the property taxes levied by and under the punjab municipal act, 1911, the new delhi municipal council act, 1994 and the delhi municipal corporation act, 1957 constitute 'union taxation' within the meaning of clause (1) of article 289 of the constitution of india; (b) the levy of property taxes under ..... the levy of taxes on property by the punjab municipal act, 1911 (as extended to part 'c' states of delhi by part 'c' states (laws) act, 1950), the delhi municipal corporation act, 1957 and the new delhi municipal council act, 1994 (both parliamentary enactments) constitutes 'union taxation' within the meaning of article 289(1).part - iv40. the delhi municipal corporation act, 1957, the punjab municipal act, 1911 (as extended to the union territory of delhi ..... the boundaries of new delhi within which area the punjab municipal act continued to be in force. the remaining area was designated as the delhi municipal corporation area and the delhi municipal corporation act, 1957 was made applicable to it. in the year 1994, the parliament enacted the new delhi municipal council act, 1994 repealing punjab municipal act, 1911. this act has been brought into force with effect from may 25, 1994. it .....

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Apr 19 1996 (HC)

Surya Jyoti Devices India Private Limited Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Apr-19-1996

Reported in : (1996)114PLR281

..... , acting under the orders of the state government, shall be bound to require that the proceedings of ..... exercises its powers under sub-section 2 of section 62-a of the punjab municipal act, 1911, and admittedly, the state government has not invoked its powers under sub-section 2 of section 62-a of the punjab municipal act, 1911. the learned counsel for the petitioner relied upon section 236 of the punjab municipal act, 1911, which reads as follows :-'(1) the state government and deputy commissioners ..... be specified in the notification and the committee shall thereupon act accordingly. sub-section (2) of section 62-a of the punjab municipal act, 1911, empowers the government to modify the rate of any tax already imposed and the committee shall modify the tax as required within such ..... state under the constitution. admittedly, the state legislature has got the power to impose octroi on the goods coming into the municipal area under section 62-a of the punjab municipal act, 1911. the state government may require the municipal committee to impose any tax mentioned in section 61 not already imposed, at such rate and within such period as may .....

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Feb 15 1996 (SC)

Municipal Committee, Sirhind Vs. Parshotam Dass and ors.

Court : Supreme Court of India

Decided on : Feb-15-1996

Reported in : 1996IIAD(SC)313; JT1996(2)SC504; 1996(2)SCALE351; (1996)8SCC324; [1996]2SCR678

..... said land vested with the municipality by virtue of provisions contained in the punjab municipal act, 1911 and the punjab gram panchayat act, 1952 or it revested with the khewatdars under the punjab village common lands (regulations) act, 1961? the answer to the aforesaid question depends upon scrutiny and analysis of different provisions of the punjab municipal act, 1911, the punjab gram panchayat act, 1952 and the punjab village common lands (regulation) act, 1961. it would also ..... section 4(2) which is extracted hereinbelow in extenso:-if whole of the sabha area is included in an urban estate to which the provisions of the punjab municipal act, 1911 are applicable or in a city, municipality cantonment or notified area under any law for the time being in force, the sabha and the gram panchayat for that area shall cease to exist and ..... without jurisdiction and therefore it does not operate as res judicata in the present proceedings. lastly learned counsel submitted that under the provisions of the punjab municipal act, 1911 the disputed property became a part of sirhind municipality and therefore municipal committee of sirhind is the real owner and courts below was in error in declaring the plaintiffs - khewatdars to be the owner of the disputed .....

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Oct 10 1996 (HC)

Sarvshri R.P. Mayor Etc. Vs. the Municipal Corporation of Jullundur an ...

Court : Punjab and Haryana

Decided on : Oct-10-1996

Reported in : (1997)115PLR570

..... .9. on second point the answer of this court is against the respondent-authorities and in favour of the petitioners. section 3(1) of the punjab municipal act, 1911 defines the 'annual value', which means as follows :-'(a) in the case of land, the gross annual rent at which it may reasonably be ..... being assessed to house tax at the annual rental value of rs. 2160/- per annum. the municipal corporation, jalandhar, sent a notice dated 2.8.1975 under section 67(1) of the punjab municipal act, 1911 (for short 'the act') proposing an enhanced annual rental value of rs. 2160/- to rs. 38,263/-. on the receipt ..... of this notice (annexure p-1) the petitioners filed objections before the secretary, municipal committee, jalandhar, on 23.8.1976 (annexure p-2). ..... a.i.r. 1980 s.c. 541, it was held as follows :-'according to the definition occurring in section 3(1)(b) of the punjab municipal act (3 of 1911) 'annual value' of a building would be the gross annual rent at which the building may reasonably be expected to let from year to year ..... assess the annual value of the building in question according to clauses (a) and (b) of sub-section (1) of section 3 of the punjab municipal act, but in the present case it has been assessed according to section 3(1)(c) thereof by taking into consideration the cost of the building depending .....

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May 24 1996 (HC)

Harbhajan Singh and ors. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : May-24-1996

Reported in : (1996)114PLR101

..... be executed in the area. he then argued that no residential colony could be set up with in one kilometre of the graveyard in view of section 107 of the punjab municipal act, 1911. 10. the fifth contention urged by the learned counsel is that the trust has shown favour to a few persons by adjusting their existing constructions in the lay-out plan ..... larger public interest. 17. the argument of the learned counsel which is based on section 107 of the punjab municipal act, 1911 also merits rejection. section 107(1) of the act of 1911 prescribes the procedure for closing down of existing burial or burning ground situated within the municipal limits or within one mile thereof. section 107(2) relates to private burial places. section 107(3) imposes ..... trust, gurdaspur (hereinafter referred to as thetrust') regarding development scheme and notification annexure p-5 dated 16.3.1994 issued by the government of punjab under section 42(1) of the punjab town improvement act, 1922 (for short, the act'). 2. petitioners no. 1 to 15 are owners in possession of various parcels of land falling in the revenue estate of village litter, district ..... ) copy of the notice issued by the trust was not sent to the president and the medical officer of the municipal committee, gurdaspur as per the requirement of section 36(2)(b) of the act. (4) notice under section 38 was not issued or served on the petitioners and, thus, they were deprived of opportunity to file objections. (5) opportunity of hearing .....

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Jan 10 1996 (HC)

Gurcharan Singh Vs. Municipal Committee and ors.

Court : Punjab and Haryana

Decided on : Jan-10-1996

Reported in : (1996)114PLR734

..... compensation for the land which they had been deprived. it has now been settled by the supreme court in jogindra v. municipality, bhatinda (1995-1)109 p.l.r. 338, that section192(1)(c) of the punjab municipal act, 1911 is violative of article 14 of the constitution. the said provision enables transferring of unbuilt area to the committee without payment of compensation ..... circumstances of the case, i am of the opinion that it is appropriate in this case to direct the municipal committee, bhatinda to hear the objections of the petitioners in regard to the scheme framed under section 192 of the punjab municipal act, 1911 and if the municipal committee decides to acquire or include any land of the petitioners in any scheme, the same could be ..... no. 2046/4. a part of their land is sought to be included in a scheme in regard to theun- built area under the provisions of section 192 of the punjab municipal act. 2. the grievance of the petitioners is that the land is being sought to be includedin the scheme without calling for their objections and considering them also without payment of .....

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