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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1999 Page 1 of about 310 results (0.080 seconds)

May 21 1999 (HC)

New Delhi Municipal Council Vs. O.P. Sethi and ors.

Court : Delhi

Decided on : May-21-1999

Reported in : 80(1999)DLT145

..... the registry branch.in view of the above discussion, i hold termination of the workman vide resolution ex. ww-1 /45 illegal being in violation of clause 45 of the punjab municipal act, 1911. besides the termination being illegal the same has been made in violation of principles of natural justice and by way of punishment as stigma remains attached with the workman for ..... the workman with immediate effect without payment of one month's wages in lieu of one month's notice is illegal as made in violation of clause 45 of the punjab municipal act, 1911 as quoted above. section 45 provides one month's notice or one month's wages in lieu thereof to be paid before discharge of the employee. mw-1 only ..... the case of the petitioner, discussed the matter in the following terms:'it is an admitted case of the management that the management had resorted to clause 45 of the punjab municipal act, 1911 without completion of the departmental enquiry. as such the charge leveled against the delinquent officer in the enquiry remained unproved resulting in stigma leading to discharge of the claimant. such ..... discharge is not only mala fide exercise of powers but also colorful application of provisions of the punjab municipal act, 1911.no legislation could provide such colorful exercise of power under provisions like clause 45(1) of the punjab municipal act, 1911 which reads as under: 'in the absence of a written contract to the contrary every officer or servant employed by a .....

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Sep 09 1999 (SC)

R.S. Saini Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Sep-09-1999

Reported in : AIR1999SC3579; JT1999(6)SC507; (1999)IILLJ1415SC; 1999(5)SCALE427; (1999)8SCC90; (2000)1UPLBEC173

..... appointed one of your relation kuljeet kaur daughter of swaran singh as science teacher. by doing so, you have violated section 240 of the punjab municipal act, 1911 as per which before making any appointment of some relation, prior approval is necessary to be taken which has not been done by you. you ..... writ petition as well as in this appeal that he was elected as a member of the municipal council, nangal on 20.11.1994 and under section 57 of the punjab municipality act, 1911 (for short 'the act') the said council was managing as many as 3 educational institutions; one of which was shivalik ..... no. 23 was being discussed then you have without any reason postponed the meeting and snatched the proceeding book from shri subash chand steno, municipal council, nangal who was writing the proceeding of meeting and went out of the meeting hall. by doing so you have misused your position. ..... giving a direct benefit to your relative from the municipal council.xxx2. canal based water supply scheme which is being installed in the slum area of municipal council was to be got completed but you have despite persistent demands by the punjab water supply and sewerage board has not deposited the ..... listed three charges; thus making 14 charges in all against him in regard to various acts of omission and commission which the appellant is alleged to have committed during his tenure as president of the municipal council. the appellant has alleged that these show cause notices were issued due to political .....

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Oct 04 1999 (HC)

Municipal Committee Vs. Ishar Dass and anr.

Court : Punjab and Haryana

Decided on : Oct-04-1999

Reported in : (2000)124PLR691

..... committee. the provision of order 41 rule 1 of the code of civil procedure 1908 are mandatory',in municipal committee ludhiana v. surinder kumar, 1974 punjab 420 i.l.r. it was observed as follows:-'held, that the plain reading of section 35 of the punjab municipal act, 1911 shows, that an executive officer is not competent to order the filing of appeal against the judgment ..... of civil court against the municipal committee, when the committee does not pass a resolution for filing the appeal. there is, however, no legal prohibition which ..... . 30,000/- regarding construction on the suit property, if so, to what effect? opp4. whether the notice issued by the municipal committee, sirhind, under section 172 of the punjab municipal act is void and illegal? opd5. whether valid notice under section 49 of the punjab municipal act has been given by the plaintiffs prior to filing this suit if not to what effect? opp6. relief.the parties ..... the suit property could not be demolished or acquired without payment of any compensation. even the statutory notice under section 172 of the punjab municipal act, was not given. with the above broad allegations, the plaintiffs challenged the notice dated 17.6.1978.3. the suit was contested by the defendants who pleaded that the commit .....

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Aug 04 1999 (SC)

Notified Area Committee Nangal Township Vs. Bhakra Management Board, C ...

Court : Supreme Court of India

Decided on : Aug-04-1999

Reported in : AIR1999SC2569; JT1999(5)SC349; (2000)124PLR331; 1999(4)SCALE430; (1999)6SCC372; [1999]Supp1SCR17

..... of quarters in one block as a 'building' for the purpose of levying house tax under the punjab municipal act, 1911 ('act' for short). this question arises on the interpretation of the word 'building' in the act.2. 'building' is defined under clause (2) of section 3 of the act to mean 'any shop, house, hut, outhouse, shed or stable, whether used for the ..... houses. for the construction, maintenance and operation of the works entrusted to the board under the punjab reorganisation act, the board constructed number of residential houses at nangal township for providing residential accommodation to its officers, staff and workers employed in the power houses. residential accommodation consisted ..... a well'.3. the question crops up in the following circumstances.4. respondent board (bhakra management board) is constituted by the central government under section 79 of the punjab reorganisation act, 1966. the board was so constituted for administration, maintenance and operation of various works as described in the section. these works included bhakra dam and reservoir and power ..... on the board on similar basis.6. under notification dated january 23, 1976 of the local government department of the punjab government issued under clause (a) of sub-section (1) of section 242 of the act, the government of punjab imposed within the limits of the notified area committee, nangal township a tax payable by the owner of the building .....

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Jul 26 1999 (SC)

M.i. Builders Pvt. Ltd. Vs. Radhey Shyam Sahu and ors.

Court : Supreme Court of India

Decided on : Jul-26-1999

Reported in : AIR1999SC2468; JT1999(5)SC42; 1999(5)SCALE155a; (1999)6SCC464; [1999]3SCR1066; (1999)3UPLBEC1818

..... for consideration before this court was whether the provisions of section 8 of the delhi and ajmer rent control act, 1952 (the rent act) applied to the transactions between the appellants and the new delhi municipal committee (the committee) constituted under the punjab municipal act, 1911. the committee had constructed a market and allotted the shops and flats by inviting tenders in pursuance to an ..... advertisement. on an application filed under section 8 of the rent act by an allottee, an objection was raised by the committee that ..... no properly executed lease. in coming to the conclusion that there was no valid lease between the parties, high court relied upon the provisions of section 47 of the punjab municipal act. high court negatived the contention that the committee was estopped from questioning the status of the applicants as tenants, having all along admittedly accepted rent from them. on ..... the property, however, limited in duration is created. this court referred to the provisions of section 47 of the punjab municipal act which is as under:47. (1) every contract made by or on behalf of the committee of any municipality of the first class whereof the value or amount exceeds one hundred rupees, and made by or on behalf of .....

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Dec 24 1999 (HC)

Vinod Kumar and ors. Vs. Municipal Council

Court : Punjab and Haryana

Decided on : Dec-24-1999

Reported in : AIR2000P& H132; (2000)125PLR155

..... the years 1986-87 to 1991-92 has also been declared illegal in different suits. no notice was served upon the plaintiff-appellant under section 65 of the punjab municipal act, 1911 (hereinafter referred to as 'the act'). it was also stated that the defendant-council, under duress, had recovered rs. 26730/- as house tax from the plaintiff-appellant.2. the suit was contested by ..... entitled to the injunction as prayed for? opp. 2. whether the jurisdiction of the civil court is barred? opd. 3. whether the suit is barred under section 49 of the municipal act?opd. 4. whether the suit is not maintainable in the present form? opd.' 4. issue no. 1 was decided against the plaintiff-appellant. no argument was addressed on behalf of ..... in that manner, and all otherforums and 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 this ..... act xx xx xx.'12. in romesh kumar v. municipal committee gurdaspur, 1981 pun lj 134 : (air 1981 punj & har 295), a division bench of this court held that jurisdiction of the civil court is barred .....

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Oct 28 1999 (HC)

Municipal Committee Vs. Harsarup and anr.

Court : Punjab and Haryana

Decided on : Oct-28-1999

Reported in : (2000)124PLR697

..... to the above property in the year 1968. the question arises whether committee has acquired title to the above property or not. in section 56 of the punjab municipal act, 1911, there was a provision that committee will maintain an inventory and a map of all the properties which vest in the committee. as no copy of ..... some employees of the committee. it has come in the evidence that in march,' 1968, it was declared by the committee that suit property was a municipal park. there is no presumption under the law that since the committee has sanctioned the site plan, therefore, it has to be presumed that the site ..... subscribe to the view taken up by the counsel for the appellant. the plaintiff has build his case on the site plan which was sanctioned by the municipal committee. apart form that, there is no evidence led by the plaintiff or defendant no. 4 as to how they became the owners of the property. ..... as belonging to the committee. the entry relates to have been made in the year 1968. it was admitted by dw2 ram raj overseer of the municipal committee, pehowa that there is no entry in the register of the committee about this property prior to 1968. that the disputed property was shown for ..... as fully described in para no. 1 of the plaint belongs to him and defendant no. 4, shri basant ram. they applied to defendant no. 1, municipal committee, for raising construction over the vacant site and the permission was accorded in the site plan dated 16.12.1976 through resolution no. 18(ii) in an .....

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Jan 12 1999 (HC)

Smt. Sushma Rani Jhanjee Through Her Husband and Power of Attorney Vs. ...

Court : Mumbai

Decided on : Jan-12-1999

Reported in : AIR1999Bom296; 1999(4)BomCR518

..... ), the apex court was dealing with the issue of determination of rateable value in terms of section 116(1) of delhi municipal corporation act, 1957 along with the provisions of punjab municipalities act, 1911, delhi rent control (amendment) act, 1988 and delhi rent control act, 1958 and in that regard held that to determine the quantum of property tax, it is necessary to arrive at the ..... v. government of goa, daman & diu and others, reported in : (1989)illj61sc and ashoka marketing ltd. and another v. punjab national bank and others, reported in : [1990]3scr649 , in support of his submission.8. section 110 of the municipality act reads thus:-'110. rateable value how to be determined.---(1) in order to fix the rateable value of any building or ..... to decide the rent which the landlord might reasonably expect to receive from a hypothetical tenant.13. considering the above referred decisions, it is clear that in caseswhere the municipalities act itself provides for a mode of determination ofrateable value, there can be no question of referring to any rent legislationto find out the fair rent or the standard rent ..... p. thali, learned advocate appearing for the petitioner, that the respondent no. 1 has not followed the procedure contemplated under section 111 to section 120 in chapter ix of the municipality act. moreover, as rightly submitted by shri v.b. nadkarni, learned sr. advocate appearing for the respondent no. 1, the perusal of the petition discloses that the petitioner has .....

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Jan 19 1999 (HC)

Milkhi Ram Vs. Manohar Singh and Others

Court : Punjab and Haryana

Decided on : Jan-19-1999

Reported in : 1999CriLJ1674

..... december 11, 1997 vide which he was removed from the office of the president and membership of the nagar panchayat, ajnala, under rule 22 and 16(1)(e) of the punjab municipal act, 1911. the writ aforesaid came up for hearing before a division bench of this court on december 17, 1997 when following order was passed :- 'present : mr. g. k. chatrath, sr. advocate ..... that tehsildar was misinformed with regard to vacation of stay, is accepted, it would certainly amount to criminal contempt as defined in section 2(c) of the contempt of courts act, 1971. that being so, all that needs to be determined in this case is as to whether the assertion made by the petitioner with regard to kimti lal having misinformed ..... v.k. bali, j.1. in this contempt petition filed under section 12 of the contempt of courts act, 1971 by milkhi ram, president, under order of removal at the time of filing this petition, nagar panchayat, ajnala, district amritsar, a deterrent punishment to respondents is sought for on .....

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Aug 06 1999 (HC)

Lakhvinder Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Aug-06-1999

Reported in : (2000)125PLR300

n.k. aggarwal, j.1. this is a petition by lakhvinder singh under articles 226 and 227 of the constitution seeking a direction to the respondents to permit him to join the service as per the resolution dated august 30, 1995 passed by the notified area committee, khem karan, district amritsar.2. the petitioner was appointed as a clerk in the notified area committee, khem karan on contract basis on july 20, 1993 on a fixed salary of rs. 1,000/- (annexure p-1). the notified area committee passed resolution no.44 dated august 8, 1994, whereby the services of the petitioner were converted into those on daily wages. the petitioner thus worked as a daily wager after the expiry of the contractual appointment. the notified area committee came to be subsequently known as nagar panchayat'. a resolution was passed by the nagar panchayat on july 31, 1975 seeking approval from the regional deputy director, local bodies, amritsar, for two regular posts of clerks and two regular posts of peons. the regional deputy director accorded approval for these posts by letter dated august 16, 1995 (annexure p-4). regular appointment was, however, given by the nagar panchayat to the petitioner by resolution no. 28 dated august 10, 1995 (annexure p-5). salary for the month of november, 1995 was, however, stopped. the petitioner was not allowed to work on the ground that his services had been terminated. the grievance of the petitioner is that no show cause notice was given to him before the termination .....

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