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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 2000 Page 1 of about 300 results (0.109 seconds)

Sep 15 2000 (HC)

New Delhi Municipal Committee Vs. Ashok Diesh and anr.

Court : Delhi

Decided on : Sep-15-2000

Reported in : 2000(55)DRJ499

..... the authorities, whichwill have to be resorted to under the relevant provision of the statute and to that extent the suit would be barred as per section 225 of the punjab municipal act, 1911 but court's jurisdiction to go into the question whether the order was nullity being vitiated by jurisdictional error would not be barred in view of what has been held ..... of statutory bar under section 225 of the punjab municipal act, 1911. while admitting the appeal on 25.1.1984 no substantial question of law was formulated.5. i have heard learned counsel for the appellant and been taken through the record ..... .c. was illegal and ultra virus and without jurisdiction. on issue no. 2, it was held that the suit was not barred under section 225 of the punjab municipal act, 1911 and section 41 of the specific relief act. in view of the findings on issue nos. 1 and 2, it was held that the plaintiff was entitled to injunction prayed for. accordingly, decree prayed ..... record that noticed was served on the appellant. it was held that in the absence of compliance of the provisions of section 195 of the punjab municipal act, 1911 the suit was not barred under section 225 of the act. against this judgment and decree, n.d.m.c. has preferred this appeal urging that the suit filed by the respondent was not maintainable because .....

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Mar 15 2000 (SC)

Municipal Employees Union (Regd.) Sirhind and ors. Vs. State of Punjab ...

Court : Supreme Court of India

Decided on : Mar-15-2000

Reported in : 2000(9)SCC432

..... , the question of granting any monetary "whether the clerks and peons working at octroi check posts and barriers run by the respondent municipal committees concerned constituted and functioning under the punjab municipal act, 1911 (for short 'the act') are entitled to be paid for each of the saturdays on which they worked at the octroi check posts and barriers while their ..... in these appeals runs as under :"whether the clerks and peons working at octroi check posts and barriers run by the respondent municipal committees concerned constituted and functioning under the punjab municipal act, 1911 (for short 'the act') are entitled to be paid for each of the saturdays on which they worked at the octroi check posts and barriers while ..... colleagues in the offices of the municipal committees concerned were permitted to enjoy those saturdays as holidays. the appellants are employees of the respondent municipal committees being peons ..... their colleagues in the offices of the municipal committees concerned were permitted to enjoy those saturdays as holidays." *4. this question is posed for .....

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Sep 15 2000 (HC)

New Delhi Municipal Committee Vs. Dr. Ajit Singh Sabharwal and ors.

Court : Delhi

Decided on : Sep-15-2000

Reported in : AIR2001Delhi102

..... of standard rent. 3. suit was resisted by the appellant on merits as well as taking a preliminary objection that it was barred under section 86 of the punjab municipal act, 1911 and under specific relief act. the appellant alleged that it had fixed the ratable value on the basis of annual rent, which is binding on the respondents, who were duly served with the ..... to decide an objection to valuation or assessment. section 86 of the act clearly says so, which bars the jurisdiction of civil court to entertain a suit ..... of this court in sobha singh and sons (p) ltd. v. new delhi municipal committee : 34(1988)dlt91 holding that the remedy against assessment or levy of house tax is only by way of an appeal under section 84 of the punjab municipal act, 1911. there is an authority nominated under the act to decide the question on merits. no other authority or court is competent ..... trial court decreed the suit holding that the property had not been assessed on the basis of standard rent as laid down in devan daulat rai kapur v. new delhi municipal committee etc. : [1980]122itr700(sc) and that the suit was not barred under section 86. it did not record any reason that why the suit was not be barred. appeal .....

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Feb 04 2000 (HC)

Municipal Committee Vs. Bhojia Cement Services Pvt. Ltd. and ors.

Court : Punjab and Haryana

Decided on : Feb-04-2000

Reported in : (2000)126PLR57

..... /- by them. it was alleged in the plaint that the imposition of octroi duty and penalty was illegal, arbitrary, void and violative of the provisions of the punjab municipal act, 1911. they further sought mandatory injunction directing municipal committee, bathinda to issue 0-2 transit passes to the plaintiffs as and when they import cement at bathinda to be exported to jassi pau wali under ..... goods for consumption, sale or use therein and the mere arrival of bags of cement at railway station, bathinda did not attract the provisions of punjab municipal act, 1911 which were for immediate export to outside. it was found that octroi had been paid on 6135 bags and no octroi was paid on 30574 bags as they had been ..... provisions of the punjab municipal act and municipal committee, bathinda was directed through mandatory injunction to issue 0-2 transit passes to the plaintiffs as ..... .5. subordinate judge, ist class, bathinda decreed the plaintiffs suit for permanent injunction vide order dated 26.7.94 restraining municipal committee. bathinda from recovering any amount in pursuance of notice dated 31.5.91 under section 73 of the punjab municipal act, 1911 to them in view of his findings that the said notice was illegal, against law, fact and in violation of the .....

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Apr 07 2000 (SC)

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

Court : Supreme Court of India

Decided on : Apr-07-2000

Reported in : JT2000(4)SC318; (2000)125PLR667; 2000(3)SCALE150; (2000)9SCC9; 2000(2)LC1001(SC)

..... are 13 members of the municipal council. the local member of the legislative assembly is ..... order1. a meeting of the newly elected members of the municipal council, bareta for the purpose of electing president and vice-president of the municipality, as contemplated by section 20 of the punjab municipal act, 1911 (hereinafter 'the act' for short) read with rule 3 of punjab municipal (president & vice-president) election rules, 1994 (hereinafter 'the rules' for short) was convened for 7th april, 1998. there ..... for the office of the president is set aside. instead it is directed that the notice of such reconvened meeting shall be given to all the members constituting the municipality and all such members, who choose to attend, shall be allowed to participate in the voting. the meeting having already adjourned once and the proceedings of the ..... notice to be served at the ordinary place of residence of all the elected members, a date for convening the first meeting of the elected members of such municipality by stating in the notice that at such meeting the oath of allegiance will be administered to the members present and also stating that the president and the .....

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Apr 26 2000 (SC)

Lt. Col. P.R. Chaudhary (Retd.) Vs. Municipal Corporation of Delhi

Court : Supreme Court of India

Decided on : Apr-26-2000

Reported in : 2000(3)BLJR1803; 85(2000)DLT223(SC); JT2000(5)SC266; 2000(4)SCALE104; (2000)4SCC577

..... balbir singh case this court was concerned with the determination of rateable value in respect of properties situated in delhi and governed by the provisions of the delhi municipal corporation act, 1957 and the punjab municipal act, 1911. the court considered four different categories of properties, namely (1) where the properties are self-occupied, that is, occupied by the owners (2) where the ..... hold interest shall not be transferable without the approval of the lessor and (4) where the property has been constructed in stages. under provisions of delhi municipal corporation act as well as punjab municipal act the criteria for determining rateable value of building is the annual rent at which such building reasonably be expected to let from year to year. the word ..... circumstances of a given situation. the court considered various provisions of the delhi municipal corporation act and the punjab municipal act as well as that of the delhi rent control act, 1958. delhi rent control act was amended in 1988 when certain properties were taken out of the purview of that act. the four categories have been considered at pages 461, 466, 468 and ..... the order of assessment dated march 12, 1991 assessing the rateable value of his property for the purpose of property tax under section 116 of the delhi municipal corporation act, 1957 (for short the 'act'). the property of the appellant comprised of his house constructed on a plot of land bearing no. ii-1787 chitranjan park, new delhi, measuring 311 .....

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Dec 01 2000 (SC)

Food Corporation of India Vs. State of Punjab and Others

Court : Supreme Court of India

Decided on : Dec-01-2000

Reported in : 2000(8)SCALE12

..... godown described in the notice as 'property unit no. 239-block no. 1 situated within the local limits of the municipality'. by notice no. 110/hp dated 27.6.1991 issued under section 67 of the punjab municipal act, 1911 (for short 'the act') the municipal committee intimated the corporation that it intends to amend/revise the assessment in respect of its property and if the corporation ..... support of the same in person or by authorized agent, as he may think fit.(3) notwithstanding anything contained in this act, the committee may with a view to give effect to the annual value as modified by the punjab municipal (amendment) act 11, 1994 amend the assessment list of the year commencing on the first day of april of the relevant year for ..... godown and the rate of rent per bag. the power to amend/revise the assessment list, accord ing to the learned counsel, is specifically vested in the municipal committee under section 67 of the act in exercise of which the order has been passed, and therefore, the high court rightly dismissed the writ petition.9. before entering into merits of the contentions ..... raised it will be convenient to notice the relevant statutory provisions.10. chapter iv of the act (sections 51-68a) contains the provisions relating to municipal fund and property. the procedure for assessing immovable property is dealt with in sections 63 to 68a. section 63 deals with preparation of assessment list. section .....

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Feb 09 2000 (HC)

Jatinder Kumar Bhag and anr. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Feb-09-2000

Reported in : AIR2000P& H147

..... m.l. sarin, learned senior advocate appearing on behalf of the petitioners has contended that the council has in fact imposed of fine under section 78 of the punjab municipal act, 1911 (hereinafter called the act) at the rate of twenty times the value of the octroi payable on the sized goods which power the council did not possess and that criminal court alone could ..... of the parties, it is necessary to refer to the provisions of sections 78 and 229 of the act which read as under at pages 5136-5137; of air scw :--'78. if (animals or articles) passing the octroi (or terminal tax) boundary of a municipality are liable to the payment of octroi (or terminal tax) then every person who, with the intention ..... has, on the other hand, submitted that the council has not imposed any fine but has levied a composition fee under section 229 of the act which power it had under the act. her argument indeed is that the act of the petitioner in taking the seized goods inside the municipal limits without payment of octroi is an offence under section 78 of the ..... act which is compoundable in terms of section 229 of the act and, therefore, the petitioners are liable to pay the composition fee as determined by the council .....

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Jan 13 2000 (HC)

Commissioner, Municipal Corporation and ors. Vs. Kashmiri Lal

Court : Punjab and Haryana

Decided on : Jan-13-2000

Reported in : (2000)125PLR743

..... of the octroi would not constitute an offence punishable under this section. the present case is, at par with the provisions of section 78 of the, punjab municipal act, 1911 which has given place to the punjab municipal corporation act, 1976. it is settled principle of law that when the authorities of the corporation exceeds its powers or make an abuse of the powers or try to ..... the jurisdiction. it has been held in gian chand v. the state, (1958)60 p.l.r. 539 that in order to constitute an offence under section 78 of the punjab municipal act, 1911, the municipality has to prove that the accused attempted to introduce or introduced dutiable articles into the octroi limits with intent to defraud the ..... this case.9. the principal argument which was raised by the learned counsel for the appellants is that the suit of the plaintiff was barred under section 149 of the punjab municipal corporation act, 1976 and that the civil court had no jurisdiction to entertain the suit. in order to appreciate the contention raised by the learned counsel for the appellants, it will ..... the following issues:-1. whether this court has no jurisdiction to try the present suit? opd2. whether the suit is not maintainable as no notice under section 396 of the punjab municipal corporation act has been served on the defendant? opd3. whether any cause of action has accrued to the plaintiff? opp4. whether the plaintiff is entitled to the injunction as claimed in .....

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Dec 12 2000 (HC)

Union of India Through General Manager, Northern Railway and Others Vs ...

Court : Allahabad

Decided on : Dec-12-2000

Reported in : 2001(1)AWC732; (2001)1UPLBEC420

..... and also having dealt with the allied arguments, the hon'ble apex court recorded following conclusions :'(a) the property taxes levied by and under the punjab municipal act, 1911, the new delhi municipal corporation 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 ..... law made thereunder. it is, therefore, necessary in this case to determine whether the punjab municipal act. delhi municipal corporation act and n.d.m.c. act are or can be deemed to be enactments within the meaning of clause (2) of the delhi municipal corporation act and n.d.m.c. act, are post-constitutional enactments. as stated hereinbefore, these enactments while specifically exempting the union ..... not exempt the properties of the state in terms of article 289. the omission cannot be said to be unintentional-particularly in the case of delhi municipal corporation act and n.d.m.c. act. the intention is clear and obvious ; the enactments do not wish to provide for any exemption in favour of properties of the state situated within their ..... restrained from demanding any payment by way of service charges from the railways. shri m. p. jha learned counsel appearing for the municipality sought to rely on clause (4) of section 135 of the railway act which contemplates a contract. in this case the contract now sought to be relied upon is only to relieve distress warrant pending disposal .....

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