Skip to content


Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1997 Page 1 of about 288 results (0.089 seconds)

May 26 1997 (HC)

Arora Traders and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : May-26-1997

Reported in : (1997)117PLR75

..... him from raising the legality, and vires of the notification in question.9. i find that the notification annexure p-1 is beyond the scope of section 121 of the punjab municipal act, 1911. i, therefore, quash that notification. consequently, notice annexure p-3 issued to petitioner no.2 also stands quashed. the criminal judgment i.e. annexure p-2, however, cannot be quashed ..... of taking licence on payment of fee in respect of running the trades which could be called as 'dangerous and offensive trades' within the meaning of section 121 of the punjab municipal act, 1911. the trade of sanitary fittings including g.i. pipes, and r.c. pipes etc. was also included, in the list of these trade, and an annual fee was imposed by ..... it does not cover the trade of sale of sanitary fitting including pipes. it was contended that inclusion of that trade under section 121 of the punjab municipal act, 1911 was totally unwarranted.5. the counsel for the municipal committee submitted that the sale of sanitary fittings involved the cutting of the pipes as per the demand of the customers, and that causes annoyance, and ..... , reliance was also placed upon the case of jagir singh mohinder singh and ors. v. the state of punjab and ors., (1982)84 p.l.r. 313.6. in order to appreciate the two true purpose, and import of section 121 of the punjab municipal act, 1911, it would be convenient to reproduce that provision to the extent it is relevant for the disposal of .....

Tag this Judgment!

Mar 04 1997 (HC)

Parshotam Lal Gupta and anr. Vs. Municipal Committee and anr.

Court : Punjab and Haryana

Decided on : Mar-04-1997

Reported in : (1997)116PLR308

..... also because the annual rental value cannot be fixed on the basis of the present market value.'annual value' has been defined in clause (1) of section 3 of the punjab municipal act, 1911. sub-clause (b) of the clause (1) is relevant for the purposes of the question arising in the present petition and the said sub-clause (b) read, prior to its ..... property which is subject to the rent control law, has been reiterated.11. keeping in view the provisions of sub-clause (b) of clause (1) of section 3 of the punjab municipal act, 1911, as applicable to the assessment year 1982-83 and in the light of the decisions of this court as well as those of the supreme court, referred to above, orders ..... city, and of the additional deputy commissioner ferozepur, are quashed and the municipal committee, ferozepur city (respondent no.l), is directed to redetermine the annual rental value of the property in question on the basis of the fair rent as was determinable under the east punjab urban rent restriction act. the house-tax which shall be determined afresh in pursuance of the aforesaid ..... directions, shall be refunded by the municipal committee to the petitioners. no order as to costs.

Tag this Judgment!

Jul 14 1997 (HC)

Delhi Golf Club Limited Vs. New Delhi Municipal Corporation

Court : Delhi

Decided on : Jul-14-1997

Reported in : 1997IVAD(Delhi)625; AIR1997Delhi347; 68(1997)DLT222; 1997(42)DRJ792

..... not right in contending that it is only the owner ax commonly understood who is liable to pay me nt of property tax under the provisions of the punjab municipal act, 1911. the definition of the owner, as given in the interpretation clause, merely extend sits meaning. the emphasis is on the right of the person to hold ..... at all liable to payment of tax? 5. it is not disputed that demand in question has been raised under and is governed by the provisions of the punjab municipal act, 1911. according to section 61(1)(a) tax on building and lands is a lax payable by the owner. the proviso appended to the above said provision provides ..... not executing the deed of lease. the petitioner is an 'owner' within the meaning of section 61(1)(a) read with section 2(13) of the punjab municipal act, 1961. the first contention thereforee fails. 17. we may now deal with the second contention. two suits registered as s.no. and 387/90 were ..... the person holding the properly has right to possess and use it to the exclusion of others. 13.in section 61(1)(a) of the punjab municipal act, the term 'owner' has been used in a wider sense. the object is to tax all such person who possess and use land within ..... as under :annexure r_xiiialist of application and other letters filed by thesecretary. delhi golf club under s. 189(3) and otherrelevant provisions of the p. m. act. 1911 and the sanctions issued bythe ndmc thereto. s. no. dale of application of the club seeking ndmc'spermission for decisionof n.d.m.c.1.7-9-64 .....

Tag this Judgment!

Nov 25 1997 (SC)

State of Punjab and ors. Vs. Naranjan Dass Doomra Rice and General Mil ...

Court : Supreme Court of India

Decided on : Nov-25-1997

Reported in : AIR1998SC537; JT1997(9)SC413; (1998)118PLR755; 1997(7)SCALE279; (1998)1SCC454; [1997]Supp5SCR453

s.p. bharucha, j.1. on 30th november/3rd december, 1990, when the state of punjab (the appellant) was under president's rule, an order was issued under the provisions of section 71(1) of the punjab municipal act, 1911, by the president of india exempting kapas (raw cotton), narma and oil seeds from the payment of octroi with immediate effect. on the same day, in ..... exercise of powers conferred by section 62a of the said act, the president was 'pleased to direct all the municipal committees in the state of punjab to impose urban development cess on ..... the sales/purchase of kapas (raw cotton), narma and oil seeds made within the respective municipal areas at the rate of 0.25 per cent ad valorem with immediate ..... following the procedure laid down in section 62. it is then that the notification of the tax is conclusive evidence that it has been imposed. alternatively, if the municipal committee has failed to act as required by an order under sub-section (1) of section 62a and the state government has imposed the tax under sub-section (3) thereof, the provisions of .....

Tag this Judgment!

Jul 14 1997 (HC)

Dev Raj Gupta Vs. New Delhi Municipal Committee

Court : Delhi

Decided on : Jul-14-1997

Reported in : 1997IVAD(Delhi)608; 68(1997)DLT62; 1997(42)DRJ510

..... accordance with its judgment reported as above.(3) on 5.8.1977 the petitioners moved an application under section 169 of the punjab municipal act, 1911 seeking permission of the municipal authority for sanction of the proposed building plan. it appears that the plan has been approved by the administrator vide resolution no. ..... the submission of the learned counsel for the petitioners is too tall a submission and cannot be accepted. it is true that the punjab municipal act does not provide for permission from the urban land & ceiling authority and from the l&do; being obtained before the release of the building ..... for the petitioners have submitted that the ndmc is wrongly insisting on obtaining clearance under the ulcra, as there is no provision under the punjab municipal act or the building bye laws for obtaining permission under sections 20 and 22 of the ulcra. having no nexus with the object which is ..... sought to be achieved by the punjab municipal act, the insistence on such compliance is totally unjustified and illegal.(13) the second question shall also have to be answered against the petitioners. ..... sanctioning of the building plans gives any vested right to the petitioners. since the laws relating to planned development of any township and the municipal laws are meant for the public good, they apply on the dates on which they are brought into force and even the pending .....

Tag this Judgment!

Jan 17 1997 (HC)

Jainti Parshad JaIn Vs. Municipal Committee Ferozepore City and Anothe ...

Court : Punjab and Haryana

Decided on : Jan-17-1997

Reported in : AIR1997P& H287; (1997)117PLR487

..... case of smt. padma devi. air 1962 sc 151 (supra) shall be applicable inasmuch as mere is no non obstante clause in s.93 of the punjab municipal corporation act or in s. 3(1) of the punjab municipal act, 1911.13. in civil writ petitions no. 2257 of 1982 and no. 1801 of 1985. similar plea has been raised by the learned counsel for the petitioners ..... to probe further into the question of correctness of this decision, since there is no non obstanle clause either in s. 3(1)(b) of the punjab municipal act, 1911 or in s. 116 of the delhi municipal corporation act, 1957 and this decision has, therefore, no application.' 22. we may mention that both dewan daulat rai kapoor (air 1980 sc 541 )and rama prabha ( ..... expeclcd to let, subject to the following :-- **********' in neither of the aforesaid two provisions, namely, section 3(1) of the punjab municipal act, 1911, and section 93 of the punjab municipal corporation act, 1976, there is any non obstante clause, thereby excluding the applicability of the punjab rent act. since there is no non obstanle clause in section 93 and, in that light. rent control law is held to ..... such building together with its appurtenances and furniture that may be let for use for enjoyment therewith, may reasonably be expected to let. section 3 of the punjab municipal act, 1911, reads as under :--'3. definitions -- in this act, unless there is something repugnant in the subject or context, (1) 'annual value' means - (a) in the case of land or building which is in .....

Tag this Judgment!

May 30 1997 (HC)

The Metafold Industries (Regd.) Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : May-30-1997

Reported in : (1997)117PLR467

..... act. such a list gives a figure of annual value and the amount of tax assessed thereon by the committee. thereupon a public ..... 1984 and 1773 of 1985 are the matters in which the assessment of the rental value of the property has been ascertained under the provisions of section 66 of the punjab municipal act, 1911. civil writ petition nos. 4308 of 1981, 426 of 1985 and 5256 of 1984 are the matters in which the assessment of the annual rateable value was made under ..... relief to the petitioners. therefore, these petitioners have now rushed to the court by filing writ petitions. in case governed by the punjab municipal act, 1911, the petitioners approached the municipal committee, but in vain. appeal under section 84 of the said act was also futile. therefore, they have filed these writ petitions challenging the correctness or otherwise of the assessment.2. in case of ..... the fixation of annual rateable value of the premises at places where the east punjab rent restriction act is in force the second question raised is since when such increased tax would be deemed to have been applicable in view of provisions of section 66 of the punjab municipal act, 1911.4. under the punjab municipal act, 1911, an assessment list is prepared as per section 63 of the .....

Tag this Judgment!

Jul 21 1997 (HC)

Administrator Municipal Committee Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jul-21-1997

Reported in : (1997)117PLR713

..... the owner of the carcass of the dead animal which is owned by them merely, because death occurs to such animal. according to their contention section 168 of the punjab municipal act, 1911 (for short the act 1911) provides about the disposal of the dead animals and it lays down as follows:'168. disposal of dead animals.- (1) whenever any animal in the charge of any ..... for the appellant is devoid of any-merit and substance. the reason is quite simple. the punjab municipal act makes specific provision regarding the disposal of dead animals. it is relevant to note that section 154 of the act, which has been quoted above in extenso, enables the municipal committee to fix places subject to the approval of the. district magistrate beyond the limits of ..... ) of the act 1911. section 168, sub-section (4) of the act 1911 provides that any person is bound to act in accordance with sub-section (1) of this section ..... only where the owner of a dead animal abandons the carcass or informs the municipal committee regarding the death of the animal and prays for disposal of the carcass of the dead animal that the municipal committee can dispose it of as provided under section 154 of the act 1911 and charge the requisite fees determined by it under section 168, sub-section (2 .....

Tag this Judgment!

Jan 30 1997 (HC)

The Municipal Committee Vs. the Deputy Commissioner and ors.

Court : Punjab and Haryana

Decided on : Jan-30-1997

Reported in : (1997)116PLR408

..... spent for meeting expenses towards the salary of the staff of the theatre and there was no ground for enhancing the annual rental value under section 67 of the punjab municipal act, 1911. under section 67 of the punjab municipal act. 1911, the annual rental value can be revised only if there is an error or mistake or that the assessment was made by a fraudulent means. the ..... mentioned in section 67 of the punjab municipal act. 1911 are not existing so as to enable the municipal committee to enhance the annual rental value. i, therefore, do not find any ground warranting interference with the order of the deputy commissioner, hoshiarpur.5. ..... municipal committee has not adverted to any of these circumstances while enhancing the annual rental value. i am of the opinion that the deputy commissioner rightly held that the grounds ..... talkies (pvt.) the 2nd respondent herein.2. initially, the net annual rental value of the theatre was assessed at rs. 16,200/-. the municipal committee, hoshiarpur, issued a notice under section 67 of the municipal committee act, 1911 for enhancing the assessment on the ground that the theatre was leased out at a rate of rs. 5500/- per week and after giving an .....

Tag this Judgment!

May 29 1997 (HC)

Sh. Krishan Kumar Vs. State of Punjab Through Secretary, Local Governm ...

Court : Punjab and Haryana

Decided on : May-29-1997

Reported in : (1997)116PLR751

..... any dispute regarding the election of co-opted members would be by filing of an election petition before the appropriate authority as per rule 53 of the punjab municipal election rules, 1952, framed under the punjab municipal act, 1911. further it was submitted that article 243 of the constitution of india also creates a bar to the filing of such a writ petition. visualising such objection ..... takes me to consider the question as to the category from amongst whom the members are to be co-opted. sections 12-a, 12-b and 12-c of the punjab municipal act, 1911, to the extent these are relevant for our proposes, may be quoted here for ready reference :-'12-a. co-option from amongst balmikis, churas and bhangis - if no person ..... observed that period pertains to the act of calling a meeting. on this premise, their lordships distinguished words 'to call a meeting' and 'to hold ..... in this view, i am fortified by the ruling of raghubar dass and anr v. the state of punjab and ors., 1984(1) all india land laws reporter 530. in that case their lordships were considering the provisions of section 25(3) of the punjab municipal act, 1911. it also provided that meeting should be convened within 14 days. while interpreting that provision, their lordships .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //