Court : Andhra Pradesh
Decided on : Jun-13-2002
Reported in : 2002(4)ALD816
..... councillor, cannot criticise the decision of the municipal council. the supreme court quoted sir alfred denning, lj from his hamlyn lecture on 'freedom ..... . in that case, an elected municipal councillor was removed from the municipal council for certain misconduct. it was alleged that the elected municipal councillor by criticising the house tax assessment list resolved by the municipal council committed misconduct and, therefore, liable for removal in accordance with section 16(1)(e) of the punjab municipalities act, 1911. the supreme court did not agree ..... with the submission that an elected representative, viz., the municipal ..... of public discussion; that ideas and doctrines thought harmful or dangerous are best fought with words'.11. the supreme court while allowing the appeal of the municipal council observed as under:'the rule of law which is obeyed not only by the officers and public servants of the state or local bodies, but .....Tag this Judgment!
Court : Mumbai
Decided on : May-03-2002
Reported in : 2003(3)BomCR550; 2004(2)MhLj874
..... there, the question of observance of principles of natural justice was raised against an order passed by the state government under the punjab municipal act, 1911. in that case, since an action of the municipal committee in granting certain benefits to the employees was not found to be in consonance with law, the execution was suspended. the ..... state of u.p. and ors., : 1scr193 . considering the provisions of section 34(1-b) of the uttar pradesh municipalities act, 1916, the apex court held that when a resolution had been fully executed, it could not be suspended by the collector because there ..... (39) g.l.r. 1048(fb). section 258 of the gujarat municipalities act, 1963 empowered the collector to suspend a resolution of a municipality if he was of the opinion that execution of any order or resolution of the municipality or the doing of anything which was about to be done or was ..... 308 and yet, the director had failed to perform his statutory obligation under sub-section (4) of section 308 of the act. nor it is the case of the municipal council that the procedure required by the section had not been followed and in spite of objections raised by it against the ..... affidavit, the administrator stated that the appointments of the petitioners are illegal and void ab initio. the provisions of the act, rules and regulations for appointment of employees in the municipal council were followed more in breach than in observance. according to the deponent, there was no advertisement for the posts .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-07-2002
Reported in : AIR2002P& H297
..... . 1. is the notification dated september 20, 2000 by which the petitioner was ordered to be removed from the office of president of the municipal council, mandi gobindgarh violative of the provisions of section 22 of the punjab municipal act. 1911? this is the short question that arises for consideration in this case. the petitioner prays that this notification is quashed.2. learned counsel of ..... the parties have been quashed.3. mr. s.p. jain, learned counsel for the petitioner contends that the municipal councillors had never made any request to the state ..... ;-'on the basis or above discussion, we hold that the motion of no confidence was validly passed by the requisite number of the municipal councillors and, therefore, by virtue of deeming clause contained in section 22 of the act, respondent no.3 will have to be treated as suspended. the official respondents are directed to take appropriate steps in this direction. ..... as to why an order of his removal as envisaged under section 22 of the act be not passed. it appears that the district attorney had given an opinion that the show cause notice may be withdrawn. feeling that the state government may retrace its steps, 14 municipal councillors had approached this court through civil writ petition no.6039 of 1999. it .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-09-2002
Reported in : (2003)134PLR192
..... . the notice was replied by him, but the defendant-committee served another notice dated 3.2.1973 under sections 172 and 220 of the punjab municipal act. (hereinafter referred to as the act) directing the plaintiff-appellant to remove the alleged encroachment. the said notice is alleged to be illegal, arbitrary and without jurisdiction on the ground that the plaintiff-appellant had ..... its land by raising fresh construction. it was alleged that notices were issued to the plaintiff-appellant under sections 172 and 220 of the act because he had made encroachment of 660 square feet of the municipal land. the said encroachment was made by him by constructing boundary wall in the year 1972 after the matter was compounded. therefore, it ..... raising construction in violation of the sanctioned building plans. illegal encroachment made by a person can not be compounded under the act. the plea of the plaintiff-appellant regarding adverse possession also cannot be accepted as an encroacher of the municipal land cannot claim adverse possession. moreover, the judgment of the learned first appellant court is based on pure findings of ..... made no encroachment on the municipal land by raising construction in the year 1969 as the illegality committed by him was later on compounded by the .....Tag this Judgment!
Court : Delhi
Decided on : Feb-08-2002
Reported in : 2002IIIAD(Delhi)637; 96(2002)DLT776
..... right to such anotice.'5. as against this, the learned counsel forthe respondent has submitted that the objection withregard to the non-service of statutory notice undersection 49 of the punjab municipal act is a legal oneand the court suo-motto can take note of such anobjection/defect in the suit while disposing of thematter and there is no question of waiver of ..... aspreliminary objections no. 8 & 9 :-'8. that the suit is not maintainablefor want of service of mandatory notice asrequired u/s 49 of p.m.act, 1911.9. that the provisions of publicpremises (eviction of unauthorised occupants)act applicable to the premises in dispute.the present suit is not maintainable.'3. the application was opposed on behalf ofthe plaintiffs, inter alia, on the ..... right whichhave accrued in their favor on account of thedefendant-ndmc having not raised any objection withregard to the non-service of the notice under section49 of the p.m. act, 1911 and on the other hand it woulddeprive the plaintiffs from filing a fresh suit on thesame cause of action by virtue of the bar envisaged inrule 2 of order 23 ..... that the defendant is estopped from raising theabove objection/pleas by way of amendment. it wasalso disputed that the suit premises were publicpremises within the meaning of public premises act.learned trial court on a consideration of the matterhas allowed the application and permitted thepetitioner to incorporate the said objections in thewritten statement primarily on the view that the samein .....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!
Court : Gujarat
Decided on : Apr-30-2002
Reported in : (2003)4GLR154
..... that he is being required to meet the allegations which might lead to a certain action being taken against him. that was a case of supersession of municipal committee under the provisions of the punjab municipal act, and it was held that the opportunity should be given to committee before an order of supersession is passed against it.[p] the decision of this court ..... any of the matters enumerated there under in sub-clauses (a) to (j), which include medical examination of persons. these provisions, apart from section 62 of the said act, clearly empowered the municipal commissioner by the sanction of the state government which, as noted above, was given in the present case by a separate notification dated 25-9-1994 of the state ..... on behalf of the appellants that there was no pre-decisional hearing given as required by the provisions of section 56(3) of the bombay provincial municipal corporation act, 1949 (hereinafter referred to as `the said act') and the post-decisional hearing cannot cure that defect. it was argued that the provisions of clause (b) of the proviso to sub-section (3) of ..... the time being in force which imposes any duty or confers any power on the corporation vests in the commissioner, subject to the provisions of the said act. therefore, the municipal commissioner in discharge of the obligatory duties of the corporation can issue executive direction canceling leave of the employees and requiring them to immediately report for duty, in the drive .....Tag this Judgment!
Court : Delhi
Decided on : Jan-07-2002
Reported in : 2002IIAD(Delhi)218; AIR2002Delhi184; 96(2002)DLT503
..... had been issued under section 72 for notice could have been issued under section 72 for the year 1994-95, as the same was governed by punjab municipal act. it is not necessary to delve or go any further into the merits of the submissions of the learned counsel for the petitioner, in view ..... be permitted to adopt a different approach in respect of subsequent assessments. learned counsel for the respondent also relied on gujrat agro industries company ltd. v. municipal corporation of city of ahmedabad and ors. reported at jt 1999 (3) 259, wherein the court rejected the argument that simply because the onerous condition ..... was empowered to exercise all the powers of the council by virtue of section 418 and it was not of any consequence that the new delhi municipal council was constituted subsequently as there was a specific provision enabling the special officer to exercise all the powers. learned counsel for the respondent submits ..... remedy being available to the petitioner. petitioners as noted earlier had filed lpa no. 157/97 titled ravi kamal meattle and ors. v. new delhi municipal council. notice in the said lpa was issued and recovery stayed, based on which, as noted earlier, notice and stay fo the disputed amount was ..... that the rateable value of the premises had to be determined under section 6(1)(b)(2b) of the rent control act and not under chapter v of the said act which had no application. thus the court finding it to be a case of lack of jurisdiction and a jurisdictional error .....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!