Court : Supreme Court of India
Decided on : Jul-25-2001
Reported in : AIR2001SC2524; JT2001(5)SC645; 2001(4)SCALE472; (2001)6SCC260; 3SCR1146
..... the short question arising for decision in this appeal is: whether the impugned order of removal ils sustainable within the purview of section 22 of the punjab municipal act, 1911(hereinafter, `the act', for short)?section 22 of the act read as under:-22. resignation or removal of president and vice-president- whenever a president or vice-president vacates his seat or tenders in writing ..... , for the charges stated above it is proposed that action be taken against you undersection 22, 16(1)(e) and (2) of punjab municipal act, 1911 and to remove you from the post of president/post of member of the municipal council, rajpura and restrain you from contesting the election of council for next five years.' [underlining by us]2. the appellants gave a ..... appeal is set aside.the writ petition filed by the appellant stands allowed.the impugned order dated 1.10.1999 removing the appellant from the president ship of the municipal council, rajpura under section 22 of the punjab municipal act, 1911 is hereby quashed and set aisde.the appellant shall be entitled to costs quantified at rs.10,000/- from the state of ..... is quite unbecoming. accordingly,shri tarlochan dev sharma is hereby removed from the presidentship of the municipal council rajpura in exercise of powers vested in me under section 22 of punjab municipal act, 1911.'[underlining by us]4. the appellant filed a writ petition before the high court of punjab & haryana putting in issue the above said order. a division bench of high court formed .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-27-2001
Reported in : AIR2001SC1098; JT2001(3)SC249; RLW2001(2)SC185; 2001(2)SCALE246; (2001)3SCC565; 2SCR149; 2001(2)LC1128(SC)
..... nagar council and did not behave properly. by doing so you have misused the powers vested under section 16(1)(e) of the punjab municipal act, 1911. therefore, it is proposed to take action under section 16(1)(e) of the punjab municipal act, 1911 and to remove him from the membership.'5. the respondent no.1 submitted his reply on 23rd july, 1998 and the said secretary ..... (annexure p-6). despite election of the president and the vice president, the notification in terms of section 24 of the punjab municipal act, 1911 (hereinafter referred to as 'the act') was not issued by the state government.4. aggrieved by the inaction of the appellants, particularly the said scretary, the respondent no.1 on 15.5.1998 filed a writ ..... elections. it may be noticed at this stage that the general elections to the panchayat and the municipalities are to be conducted by the state election commission constituted under the punjab state election commission act, 1994 (punjab act no.19 of 1994). after the general elections of the municipality, election of president and vice president is to be conducted in terms of section 20 of ..... the act. the term of the office of the president of a municipality is co-terminus with the term of municipality under section 21 of the act. no elected member of a municipality .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-15-2001
Reported in : AIR2001SC615; JT2001(2)SC447; 2001(1)SCALE189; 1SCR376
..... dated 13.2.69 purporting to assess the property in the hands of the club and proposed to assess the house/property tax under section 65 of the punjab municipal act, 1911 (hereinafter referred to as the 'act') in relation to the golf area (open land) and the building standing thereon at the annual value of rs.1,32,83,357.71. as required in ..... case of necessity.8. the next ground of challenge is based on the taxability of the property in question in the hands of the appellant-club. section 61 of act enables the municipal committee to impose the various category of taxes enumerated therein. the power to levy the house/property tax in question is traceable to clause (a) which refers to 'a ..... property and, therefore, was not liable to be assessed to tax under section 61 of the act, that the suit was not barred under section 86 of the act and that the assessment was also not in conformity with section 3 (1) of the act. aggrieved, the municipal committee pursued the matter on appeal before the district court in rca no.12976 and 130 ..... envisaged under section 61(1)(a) is property tax levied qua ownership of the property within the municipal limits and income therefrom, not a service tax payable for the service rendered to the person in occupation of the land or building. that apart, the act itself has a definition of its own rendering it unnecessary to delve into general connotation of the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-28-2001
Reported in : AIR2001P& H282
..... 13(ii) wherein it is stated that 'it is, however, submitted that respondent no. 4 has no right to postpone the requisite meeting under section 27 of the punjab municipal act, 1911 (as amended by act 11 of 1994).' the cancellation of the special meeting dated 21.8.2000 was, thus, beyond the scope of powers of the vice president. it is not the case ..... law and he was duly elected as president. the state government was required to notify the election of the petitioner as president of the municipal council under section 20 of the punjab municipal act, 1911 (for short to be referred as 'the act') since there was no necessity of approval of the election resolution from the state government and that the state government is working under ..... with requisite quorum can not be assailed in any manner. a requisitioned special meeting of the municipal council can not be postponed otherwise since there is no ex-press provision in the act or punjab municipal election rules, 1994. in shri chandu ram and others v. the state of punjab and others, 1985 plj 492, this court has held that once the process of election ..... held that section 232 of the act under which the deputy commissioner can invoke his power to suspend the resolution can not take within its ambit the right of the members of the committee to meet and decide. further, a similar view has been taken in sarwan singh, ex- president municipal committee, hoshiarpur v. state of punjab and others, 1994 plj 317: 1994 .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-13-2001
Reported in : 2002(1)ALLMR131; 2001(4)BomCR673; (2001)4BOMLR552; 2001(4)MhLj524
..... only standard rent can be taken as basis.13. the learned counsel for the appellants relied upon the judgment in - new delhi municipal committee v. m. n. soi and anr. the apex court was considering the provisions of the punjab municipal act, 1911. in the said case, the landlord was charging rent to the tenant in excess of the standard or fair rent. the question ..... appellants then relied upon the judgment of the delhi high court in kailash nath and associates and ors. v. new delhi municipal committee and anr. the learned single judge of the delhi high court was considering the provisions of the punjab municipal act, 1911. the question which arose was regarding assessment to property tax of the 10th floor of the building. there was no completion ..... respect of the said unauthorised structure of construction.2. at the outset, we may note some of the relevant provisions of the bombay municipal corporation act, 1888 (hereinafter, referred to as the 'act of 1888'). section 3(r) under the act of 1888 defines 'land' as under:-'(r) 'land' includes land which is being built upon or is built upon or covered with water ..... persons and provides for punishment and fine in case it is violated.4. the learned advocate for the appellants submitted that various provisions of the act make it clear that taxes can only be imposed by the municipal corporation on the buildings which are legally constructed and occupied and not on the buildings not legally built. he submitted that any other constructions .....Tag this Judgment!
Court : Delhi
Decided on : Aug-30-2001
Reported in : 95(2002)DLT320; 2001(60)DRJ478
..... constitution of india. the conclusions reached in the said judgment are reproduced below for facility of reference:-'(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 taxes under ..... to the state government was prima facie illegal as the said properties were exempted from the levy of property tax. he relied on state of andhra pradesh vs . new delhi municipal committee : air1975delhi223 . the assessment years in question are 1975-76 and 1976-77.3. the question as to whether the new delhi .....Tag this Judgment!
Court : Delhi
Decided on : May-18-2001
Reported in : 2001(60)DRJ562
..... in the day for the petitioner to contend, that any terms under the lease agreement were unreasonable of wrong.ndmc has been constituted under the punjab municipal act, 1911 as extended to delhi. it has various functions to perform as a local body. the license fee and other charges payable to the ndmc ..... becomes due and payable to the ndmc. ndmc is a local body and funds needed for various functions to be performed by it under the punjab municipal act. balance of convenience certainly lies in favor of the ndmc. further i am of the view that the disputes raised by the petitioner are ..... under the agreement form parts of its municipal funds. but for the claim raised by the petitioner moneys are certainly due to ndmc under the agreement. while granting moratorium of the payments ..... to any of the parties who may like to take advantage of the same.23. in a case reported as bacchittar singh vs . state of punjab and another : air1963sc395 , the court was concerned with the termination of services of an assistant consolidation officer. the said officer was first suspended ..... a recommendation.14. in travancore rayon limited v. union of india (supra), the court was examining the provisions of the central excises and salt act and the court, thereforee, observed that when judicial power is exercised by an authority normally performing executive or administrative functions, there should be disclosure .....Tag this Judgment!
Court : Delhi
Decided on : Apr-18-2001
Reported in : AIR2001Delhi402; 92(2001)DLT67; 2001(59)DRJ270
..... representations to the ndmc by letters dated 6th december, 1975 issued a statutory notice on 10th may, 1977 to ndmc under section 49 of the punjab municipal act, 1911 but to no effect. in july, 1979 the plaintiff filed the instant suit for recovery of damages of his wrongful dispossession and loss of ..... rate of 12 per cent on the aforesaid amount, the plaintiff took shelter of the supreme court judgments in the case of jagbir singh & ors. vs . general manager, punjab roadways & ors. : 3scr1095 & and in the case of smt. chamell wati & anr. vs . mcd & ors. : air1986sc1191 as well as in ..... of law that the mere fact damages cannot be assessed with certainty does not relieve the wrongdoer of the necessity of paying damages. (chaplin v. hicks (1911) 2 l.b. 786.) in biggin v. permanite (1951) 1 k.b. 422, devlin, j observed 'where precise evidence is obtainable, the court ..... without recourse of law. 2. the learned senior counsel relied upon the proceedings which were pen ding before the estate officer under the pp act. notwithstanding such proceedings the manner in which the possession was taken by coercing the plaintiff to sign the letter of possession was highlighted. it ..... dispossess the plaintiff without due process of law. it was submitted that the defendant had itself initiated the proceedings under the provisions of pp act and while those proceedings were pending, the plaintiff was dispossessed forcibly. this was clearly illegal and amounted to breach of contract. referring to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-16-2001
Reported in : 2001(134)ELT14(P& H)
..... . 16. in s.l. kapoor v. jagmohan, air 1981 s.c. 136, a three-judges bench of the supreme court interpreted the provisions of section 238(1) of the punjab municipal act, 1911 and rejected the argument that requirement of hearing cannot be read as implicit in the said section. the observations made by the supreme court on this issue are reproduced below ..... :-'one of the submissions of the learned attorney general was that when the question was one of disqualification of an individual member, section 16 of the punjab municipal act expressly provided for an opportunity being given to the member concerned whereas section 238 (1) did not provide for such an opportunity and so, by necessary implication, it must ..... , their lordships of the supreme court held that even when emergency provisions, like, the one contained in section 18aa read with section 18f of the industries (development and regulation) act, 1951 were invoked, rules of natural justice will have to be complied with by making the following observations : -'section 18aa does not expressly in administrable and unequivocal terms exclude the ..... that even in an administrative proceeding, which involves civil consequences, the doctrine of natural justice must be held to be applicable.the power conferred under section 10(3)(c) passports act, on the passport authority to impound a passport is quasi-judicial power. the rules of natural justice would, in the circumstances, be applicable in the exercise of the power .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Sep-18-2001
Reported in : II(2002)ACC220
..... have no doubt that defendant no. 1 did not have either adequate fire fighting equipment or man-power to carry out its duty required by the provisions of punjab municipal act, 1911, as well as himachal pradesh municipal act, 1968 referred to hereinabove.50. mere non-availability of funds cannot be set up as a ground by any of the defendants, and particularly defendant no. 1 ..... may notice that the area of kullu town merged in the state of himachal pradesh on coming into force of punjab re-organisation act with effect from 1.10.1966. at that time punjab municipal act, 1911 was admittedly applicable in this town. chapter vi of this act deals with extinction and prevention of fire. relevant provisions are extracted herein below:93. establishment and maintenance of fire ..... statement is accepted then further question that needs to be seen is as to what is the effect of word 'may' in section 90 of the h.p. municipal act, 1968 and in provisions of punjab municipal act (supra) dependent upon the nature of duty, it is not always that word 'may' used in a statute shall always be treated as directory as it is ..... of it first and foremost question that needs to be seen is on the basis of the provisions of sections 93, 94 and 95 of the punjab municipal act and sections 90, 91 and 92 of himachal pradesh municipal act, 1968. according to learned counsel for defendant no. 1 it was not at all incumbent upon his clients to maintain the fire brigade as it .....Tag this Judgment!