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 : Chhattisgarh
Decided on : May-01-2002
Reported in : 2002(3)MPHT10(CG)
..... , we are of opinion that the power of removal is quasi-judicial in nature. in bhagat ram v. state of punjab, air 1972 sc 1571, a provision in the punjab municipal act relating to the removal of members was considered by the supreme court. it was held in that case that the order contemplated ..... requires proper understanding of law keeping in mind principle of natural justice. such training is required because state has local body establishments of panchayats, municipal corporation, municipal council and so on and so forth and the disputes like present may often arise and travel to such authorities. therefore, by imparting such legal ..... cause notice was issued. in view of the position of law declared by hon'ble the supreme court in the case of bhagatram v. state of punjab (supra), the said principles have been held applicable by the division bench of m.p. high court in case of bandsman prasad veerbhadra shukla v. ..... such orders are quasi-judicial orders. while considering the case of removal of an office bearer, the supreme court in bhagat ram v. state of punjab (supra), which is similar to the present case, held that the order contemplated by the provision removing a member was quasi-judicial in nature and ..... answer not only to the averments contained in the show-cause notice, but also to the principles laid down in bhagat ram v. state of punjab (supra).'14. in view of the above decision, learned counsel for respondent nos. 4 and 5 submits that the sub-divisional officer ought not .....Tag this Judgment!
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 : Punjab and Haryana
Decided on : Dec-10-2002
Reported in : AIR2003P& H206; (2003)134PLR259
..... some additions/alterations in the existing unit in the year 1993-94 the corporation issued to the owners a notice under section 103 of the punjab municipal corporation act, 1976 (hereinafter called the act) proposing to enhance the annual rental value of the property from rs. 16,980/- per annum to rs. 2,98,800/- per ..... stood violated. we are not impressed with this argument. as already noticed above, the provisions of sub-section (3) of section 101 of the act are very clear and in cases where the land or building is for the first time assessed or the rateable value thereof is increased, the commissioner ..... four storeyed hotel having 29 rooms besides 13 shops in the ground floor and, therefore, the corporation served another notice under section 103 of the act on 28.12.1994 proposing the annual rental value of the property as rs. 45,80,400/. this notice was served by affixation as personal ..... found that the owners had made alterations/additions in the existing unit in the year 1993-94 and accordingly a notice under section 103 of the act proposing to enhance the annual rental value of the property was issued to them. they again did not appear and the assessment was finalised. subsequently, ..... were issued notice at the time of assessment. the answer to this question depends upon the interpretation of section s 97, 101 and 103 of the act the relevant parts of which are reproduced hereunder for facility of reference;-'97. incidence of taxes on lands and buildings,- (1) the taxes on .....Tag this Judgment!
Court : Orissa
Decided on : Feb-26-2002
Reported in : 2002(I)OLR449
..... on reading both the judgments we feel that the apex court has applied the principle of implied bar created under industrial disputes act and the other under panjab municipal act (3 of 1971) under section 61 (1) (b).7. mr. routray, learned advocate appearing for the opp. ..... them - is specific to the subject of refund and is apart from and in addition to the general bar implicit in the act. the education act has self-contained provisions which provide sufficient mechanism to resolve the controversy between the parties. therefore, the parties should have to ..... other analogous provisions of different statutes which specifically prohibits exercise of jurisdiction of the civil court. since section 24-b of the amending act does not inhibit the civil court to exercise its power, therefore, it cannot readily be inferred that it has no jurisdiction. ordinarily ..... national bank v. o. c. krishnan and ors.) which runs as follows :'the act has been enacted with a view to provide a special procedure for recovery of debts due to ..... take resort to such adjudicatory process to achieve their right and bar to the jurisdiction of the civil court shall be inferred by the necessary implication. in a recent judgment the apex court held in 2001 air scw 2993 (punjab .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-07-2002
Reported in : 2002WLC(Raj)UC367; 2002(3)WLN94
..... of removal of a sarpanch and not the enquiry. on this count, the law laid down by the hon'ble supreme court is not relevant. further section 22 of the punjab municipal act which was basis of interpretation is not the law governing the petitioner in this case and therefore, is of no consequence.3. learned counsel for the respondents has submitted that ..... order for supply and such order was in fact passed and the petitioner had flouted such order. thus, in terms of section 38(1)(a) the petitioner had refused to act to fulfill the intentions of the law. that being the position, a prima facie case against the petitioner is made out for a valid enquiry. this court has held in ..... given to the petitioner. a direction was issued by the state government to issue the copies to the concerned and the petitioner flouted those directions. under section 100 of the act, the state government has the right to direct the petitioner to provide for the copies as directed by it. there was a clear infringement of the directives of the state ..... bhagwati prasad, j.1. the petitioner in this writ petition is a sarpanch. an enquiry was initiated against her in terms of section 38 of the rajasthan panchayati raj act, 1994 and pending enquiry, she was suspended. the petitioner has challenged the action of suspending her during pendency of the enquiry. the case of the petitioner is that allegation against .....Tag this Judgment!
Court : Orissa
Decided on : Jun-21-2002
Reported in : AIR2002Ori193; 94(2002)CLT461
..... , when there is compliance with the provisions of the statute and the rule.' 7. however, the statutory provisions referred to above under section 133 of the orissa municipal act are different from those of the hyderabad municipal act. section 133(1) provides for imposition of water and lighting taxes only when supply water has been provided or lamps have been lighted 'in the area ..... tax and light tax.4. at the time of admission of the appeal, the following substantial question of law was framed :'whether tax under section 133(1) of the orissa municipal act can be refused to be paid in the absence of services rendered ?'in view of the above substantial question of law, it is necessary to refer to the relevant provisions ..... under sections 131 and 133(1) of the orissa municipality act:'131. power to impose taxes : (1) the municipal council may, from time to time, at a meeting convened expressly for the purpose, of which due notice shall have been given subject to the provisions ..... this contention, mr. mishra, appearing for the appellant, relied upon the decisions reported in air 1995 sc 1506, air 1995 punjab & haryana 116 and air 1965 ap 91.6. in air 1965 andhra pradesh 91, nizam sugar factory ltd. v. city municipality, bodhan and anr., reference has been made to the settled position of law with regard to the taxes and fees .....Tag this Judgment!
Court : Delhi
Decided on : Sep-13-2002
Reported in : 2003(66)DRJ799
..... that some of them owned farm houses, which had been sanctioned in terms of section 336 of the delhi municipal corporation act (hereinafter for the sake of brevity referred to as, 'dmc act').according to the petitioners, they are paying tax to the municipal corporation of delhi (in short, 'the corporation) where for the retable value in respect of each farm house ..... the respondents to conduct / carry out the consolidation proceedings strictly in accordance with the provisions of the east punjab holdings (consolidation & prevention of fragmentation) act, 1948 and rules framed there under and for the object and the purpose as enshrined under the said act and the rules;(d) issue appropriate order / direction or writ in the nature of mandamus thereby directing ..... said act') was issued on 08.09.1993 for commencement of proceedings with the object of consolidation of holdings in the said village allegedly for better cultivation ..... rural area of delhi established under section 150 of the delhi land reforms act, 1954 (hereinafter for the sake of brevity referred to as, 'the reforms act'). it is not in dispute that a notification under section 14(1) of the east punjab holdings (consolidation and prevention of frangmentation) act, 1948 (hereinafter for the sake of brevity referred to as, 'the .....Tag this Judgment!
Court : Delhi
Decided on : Sep-18-2002
Reported in : 100(2002)DLT85; 2003(66)DRJ775
..... the vital aspect that the effective charge and levy of the octroi is imposed by the rules and not by the parent legislation, be it an ordinance or the appropriate municipal act. the parent legislation merely confers power on the specified body or authority to frame rules for the purpose of levying and collecting octroi duty. under the ordinance of 1949 ..... growth in the village population there is additional demand for residential land. to provide for consolidation and assignment or reservation of land for common purposes the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 was enacted. the same has been extended to the union territory of delhi vide government of india, ministry of home affairs notification no. gsr ..... above stated departments and institutions comes to 1146 bighas 6 biswas. the remaining area i.e. 9452-16, has to be brought under the consolidation operation.42. east punjab consolidation act, as noticed hereinbefore deals with several subjects, whereas chapter ii deals with prevention of fragmentation, chapter iii deals with consolidation of holdings.43. the preamble of the ..... facts can be disclosed from other documents also.8. the district of delhi comprises of tehsil of delhi and police station of mehrauli. it was formerly a province of punjab. however, governor-general in council took over the administration thereof for being administered by the chief commissioner as a separate province. for the purpose of applying laws which were .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-10-2002
Reported in : AIR2002SC2256; 2002(4)ALD24(SC); JT2002(Suppl1)SC219; (2002)2PLR625; 2002(4)SCALE560; (2002)5SCC397; 3SCR1078
..... , j.1. leave granted.2 .an eviction petition filed by the landlord-respondent urging the ground for eviction under section 13(3)(a)(ii) of the east punjab urban rent restriction act, 1949 (hereinafter the act, for short), was dismissed by the rent controller but allowed by the appellate authority. the decree has been maintained in civil revision preferred by the tenant in ..... the case of a non-residential building or rented land, if-(a) he requires it for his own use;4. incidentally, it may be mentioned that the east punjab urban rent restriction (amendment) act, 1956, by section 2 thereof deleted the words 'a non-residential building or' from the abovesaid provision. however, this amendment was held ultra vires the constitution in harbilas ..... . our conclusions are crystallised as under:(i) the words 'for his own use' as occurring in section 13(3)(a)(ii) of the east punjab urban rent restriction act, 1949 must receive a wide, liberal and useful meaning rather than a strict or narrow construction.(ii) the expression -- landlord requires for 'him own use', is not confined in its ..... rai bansal v. state of punjab and anr. - : air1996sc857 , and this court directed that as a consequence of the amendment having been declared constitutionally invalid the original provision of the act as was operating before the amendments stands restored and a landlord - under the act - can seek eviction of a tenant from a non-residential building .....Tag this Judgment!