Court : Supreme Court of India
Decided on : Feb-14-2002
Reported in : AIR2002SC1124; JT2002(Suppl1)SC602; (2002)2PLR240; 2002(2)SCALE169; (2002)3SCC667; 1SCR1021
..... and as a result of which financial loss has been caused to the nagar council. therefore you have violated punjab municipal act, 1911. therefore, there is a proposal to remove you from the membership of nagar council, jandiala guru under section 16(1)(e) of the punjab municipal act, 1911.' 3. on receipt of the said show cause notice, the appellant furnished an explanation. in the said explanation ..... and irresponsibly..... the actions of shri baldev singh gandhi were clearly aimed at injuring the financial interest of the municipality. he thus renders himself actionable under section 16(1)(e) of the punjab municipal act, 1911. accordingly, he is hereby removed from the membership of the council.'18. the charge leveled against appellant was that because of his criticism of the house tax assessment list ..... referred to as 'the council') is established and constituted under the provisions of the punjab municipal act, 1911 (hereinafter referred to as 'the act'). in the last election for constituting the council, the appellant herein was elected as a municipal councilor (in short as 'councilor') from ward no. 3 of the council. in the year 1998, the council prepared and finalised the house tax assessment list .....Tag this Judgment!
Court : Delhi
Decided on : May-02-2002
Reported in : 2002IVAD(Delhi)973; 99(2002)DLT129; 2002(63)DRJ51
..... negative firstly, because no evidence whatsoever was led on behalf of the respondent ndmc to show that the disputed land is the property of the ndmc. section 56 of the punjab municipal act, 1911 enjoins the ndmc to maintain a register of immovable properties but no such entries from the register were brought on record and, thereforee, adverse presumption is liable to be drawn ..... been in exclusive possession thereof. it was additionally pleaded that it was the statutory duty of the ndmc to remove the encroachers and take action under section 173 of the punjab municipal act, 1911 and, thereforee, no restriction or injunction as sought for by the plaintiff-appellant could be granted.3. on the pleadings of the parties the following issues were framed:-1. whether ..... . the suit was contested by the respondent ndmc challenging the very maintainability of the suit in view of the provision of section 41 of the specific relief act and section 173 of the punjab municipal act, 1911 for the purpose of seeking equitable relief of injunction and alleging that the appellant is an encroacher on the public passage or the open piece of land which ..... .c1 forms part of the road berm? its effect? od.3. whether the plaintiff is entitled for any injunction?4. whether the suit is barred by section 173 of the punjab municipal act?5. relief.6. whether the plaintiff has become owner of the disputed land by way of adverse possession? op.4. both the courts below have returned concurrent finding on issues .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Jan-01-2002
Reported in : AIR2003HP5
..... 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 herein above.50. mere non-availability of funds cannot be set up as a ground by any of the defendants, and particularly defendant no ..... 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!
Court : Punjab and Haryana
Decided on : Jan-22-2002
Reported in : AIR2002P& H190
..... the council. the order now impugned has been passed in exercise of the powers under sections 16(1)(e), 16(2) and 22 of the punjab municipal act, 1911 (as amended up to date and hereinafter called the act). the previous order dated 14.12.1999 had been successfully challenged by the petitioner in cwp no. 17960 of 1999 which was allowed on 23.5 ..... of the president to verify the nature of the land that was being allotted and that duty was cast on the executive officer who alone under the punjab municipal (executive officer) act, 1931 (for short 1931 act) had the power to execute the contracts on behalf of the council and execute sale deeds after verifying the facts in each case. learned counsel on behalf ..... act complained of was not a continuing wrong and did not amount to abuse of powers within the meaning ..... covered by the provisions of section 22 of the act whereunder a single or causal aberration is not enough. this provision came up for interpretation before the apex court in tarlochan dev sharma v state of punjab, 2001(6) scc 260 wherein their lordship set aside the order of removal of the president of the municipality of rajpura on the ground that the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-07-2002
Reported in : AIR2002SC533; JT2002(5)SC40; 2002(1)SCALE18; (2002)2SCC7; 1SCR27
..... that neither the whole nor any part of-(a) a notified area under section 241 of the punjab municipal act, 1911, or any other act for the time being in force; or (b) a cantonment; or (c) a municipality of any class; or (d) a municipal corporation;shall be included in a gram sabha area unless the majority of voters in any notified area ..... ix of the constitution. after the act came into force, it appears that the residents of village khanpur represented to the ..... colony. after 73rd constitutional amendment act, 1992 came into force punjab legislature enacted the punjab panchayati raj act, 1994 (hereinafter referred to as the act) in conformity with the provisions of part ..... is a village called wazirpur in block ghal khurd in the district of firozepur, punjab. for the said village and certain other adjoining areas, gram sabha, wazirpur was constituted and established under section 4 of the punjab gram panchayat act, 1952 (hereinafter referred to as the '1952 act'). the areas included in the said gram sabha were villages khanpur and harijan .....Tag this Judgment!
Court : Delhi
Decided on : Oct-25-2002
Reported in : 2003(66)DRJ155
..... court in vishwanath khanna v. ndmc and anr. 1996(1) ad delhi 633 in respect of the word levy in section 84(2) of the punjab municipal act, 1911.14. i have considered the submissions of learned counsel for the parties.15. i consider it appropriate to first deal with the judgments referred to by ..... the non-intimation under section 128 or by the failure of the transferee to have his name entered in the municipal records.'20. thus the respondent failed to comply with the statutory obligation to intimate the transfer. once the respondent applied for mutation of the property ..... sends the intimation contemplated by section 128(1) and his (transferee's) name is recorded as the 'owner' or as the person primarily liable, the municipality cannot be found fault with for not sending relevant notices to the transferee. the substantive liability of the 'owner' to pay taxes cannot be defected by ..... in the case of mcd v. trigon investments and trade pvt. ltd. and anr. 62(1996) dlt 222 and it was observed as under:-'the act does not contemplate the corporation going about enquiring whether and when a particular land/building is transferred to whom? any notices required to be issued by ..... the bill the same would give a cause of action to the respondent to file an appeal against the same demand since section 115 of the act uses the word both assessment and levy of any tax. learned counsel further contends that once the petitioner has rectified the assessment on 30.9.2000 .....Tag this Judgment!
Court : Delhi
Decided on : Aug-29-2002
Reported in : [2003(97)FLR155]; (2003)IILLJ81Del
..... electrical energy and not with its generation. it was contended that the petitioner herein having constituted under the punjab municipal act, 1911 (hereinafter for the sake of brevity referred to as, 'p.m. act') is governed by the provisions thereof and, thus, the supplemental and fundamental rules would be applicable in ..... hereinbefore, the following issues were framed:-'1. whether the new delhi municipal committee is an industrial establishment as defined under section 2-e of the industrial employment (standing orders) act, 1946?2. whether the standing orders act is applicable to the n.d.m.c.?3. relief.'5. it ..... to deal with generation, transmission and distribution of electricity. the said establishment allegedly comes within the purview of the provisions of the said act.admittedly, there did not exist any certified standing order in relation to the said establishment. according to the respondents, as no certified standing ..... industrial establishment with the meaning of section 2(e) of the said act. in support of the said contention, reliance has been placed on a decision of the madras high court in k. thiruvenkataswami v. coimbatore municipality 1968 l. i.c. 1567.in any event, according the learned tribunal ..... , it was a 'factory' under section 2(m) read with section 2k(iii) of the factories act.6. as regard the questions as to whether the said act is applicable in the case .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-29-2002
Reported in : AIR2003P& H59
..... , the interim stay order was vacated. 11. on 1st december, 2001, the state promulgated ordinance nos.9 and 10 of 2001 so as to amend the provisions of the punjab municipal act, 1911 and the punjab municipal corporation act, 1976. in a nutshell, it was provided that 'with effect from the commencement of this ordinance, no octroi shall be leviable except on electricity.' 12. the writ petitions ..... the power to grant exemption. similarly, the punjab municipal corporation act, 1976 was enacted to 'provide better administration, better amenities and better planning for future ..... examined in this background. 31. the panchayats and municipal committees have been in existence in this country since the day of british. these were visualised as instruments of local government for the rural and urban areas respectively. the punjab municipal act, 1911 was enacted to 'make better provision for the administration of municipalities in punjab.' section 61 empowers the municipal committees to levy taxes. section 70 provides for .....Tag this Judgment!
Court : Delhi
Decided on : Jul-29-2002
Reported in : 100(2002)DLT131
..... the provisions of the delhi municipal corporation act, 1957, bombay municipal corporation act, 1888, bombay provincial municipal corporation act, 1949 and punjab municipal act, 1911, which are in the following terms:comparative statement of various sections of thed.m.c act, b.m.c act, 1888, b.p.m.c act, 1949and punjab municipal act, 1911s. no.d.m.c. act, 1957bm.c. act, 1888b.p.m.c.act, 1949punjab m. act, 19111.2(3)3(s ..... use and enjoyment thereof and, thus, the decisions cited by mr. jain have no application. learned counsel pointed out that the provisions of the delhi municipal corporation act, 1957 and bombay municipal corporation act, 1888 differ in material particulars and, thus, the aforementioned decisions which have been rendered in terms of the other statutes cannot be said to have the ..... (1) of section 116 of the delhi municipal corporation act, 1957.'3. although the aforementioned notification had been issued in respect of the lift admittedly no notification was issued in respect of the air conditioning machine.4. ..... this matter beyond any point of doubt, with the approval of standing committee, it is hereby notified under sub-section (3) of section 116 of the delhi municipal corporation act, 1957 that lift shall be deemed to form part of land and building for the purposes of determining the rateable value of such land and building under sub-section .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-15-2002
Reported in : RLW2003(1)Raj176; 2002(2)WLC555
..... the verandah in front of the shop owned by the appellant in the connaught circus, new delhi, as public street under section 171(4) of the punjab municipal act, 1911 and it was affirmed by the trial court by having dismissed the suit of the plaintiff, against which first appeal was also dismissed, rather second appeal and letters patent appeal ..... land/property could be transferred in favour of the plaintiffs or whether the state government was competent to sell the suit nazool property? (9) whether section 203 of the rajasthan municipalities act does apply in view of specific plea of the plaintiffs that they had not made encroachment or obstructions upon public land? (10) whether the property rights can be taken away ..... the kurup committee had already rejected objections raised for such sale of land of public street (verandah) and further municipality's orders dated 18.1.86, 28.1.86, 7.3.86 & 17.3.86 issued under sec. 203 of the rajasthan municipalities act, 1959 were upheld, inasmuch as in s.b. civil writ petition no. 1532/84 this court (sb) issued an ..... court (db) held that on a proper interpretation of the act and rajasthan land revenue act, it appears reasonably to hold that section 92(2)(e) of the municipalities act refers to property not only vesting in but also belonging to the municipal board and the property belonging to the government and not to the municipal board, cannot be covered by section 92(2)(e) of .....Tag this Judgment!