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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 2003 Page 1 of about 415 results (0.137 seconds)

Apr 28 2003 (HC)

Gagandeep Kang and ors. Vs. the Union Territory and anr.

Court : Punjab and Haryana

Decided on : Apr-28-2003

Reported in : (2003)134PLR424

..... april, 1976 annexure r-1 with the reply, the area which falls in the present acquisition had been declared to be a notified area (1) of section 241 of the punjab municipal act, 1911 which was then in force.' 34. we do not find any reasons to take a different view than the one taken by the earlier division bench. however, it may be ..... .8.1973. on 12.4.1976 the whole of the area of gram sabha, manimajra was declared notified area under section 247 of the punjab municipal act, 1911 (hereinafter referred to as '1911 act')- by virtue of another notification dated 11.6.1976, certain provisions of the act of 1911 including sections 3,53,58 and 192 were extended to notified area which is deemed to be a ..... argument of mr. ram swaroop is purely a legal submission. it has been argued that as no scheme had been framed as envisaged under section 192 of the punjab municipal act, 1976 (hereinafter called the punjab act) the land could not be acquired for the purpose. it has also been contended that the land could be acquired only for the purpose of the nac and ..... in the present case since the acquisition is for the benefit of notified area committee, therefore, the provisions of the scheme under section 192 of the punjab municipal act are mandatorily to be followed. the judgment in mohd. yousef's case (supra) was noticed as overruled by the later decision of three bench judgment as observed in jaipur development .....

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Feb 07 2003 (HC)

Ballarpur Industries Ltd. and anr. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Feb-07-2003

Reported in : AIR2003P& H229

..... undertaking) and subsequently from its own salt works situated at singach in gujarat. the petitioners have alleged that vide notification dated 30-5-1953, the composite state of punjab in pursuance of section 61 of the punjab municipal act, 1911 (for brevity, 1911 act) had sanctioned a proposal of respondent no. 3 to levy tax in the nature of octroi on entry of goods in ..... i)-63/20355. --whereas in supersession of the tax levied in this behalf, the municipal committee, pathankot, in district gurdaspur, in exercise of the powers conferred by section 61 of the punjab municipal act, 1911, has proposed to levy a tax on the entry of the goods into the pathankot municipality for consumption, use or sale therein, in the nature of octroi (without refunds). ..... municipal limits of municipal committee, yamunanagar for consumption, use of sale on the items set out in the schedule to the notification which also contained the list of exempted items ..... and whereas the proposals of the taxation aforesaid have been sanctioned by the governor of punjab under sub-section (8) of section 62 .....

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Jul 08 2003 (HC)

The British India Corporation Limited Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jul-08-2003

Reported in : (2003)135PLR468

..... liberty to the petitioner to file appeal. we also give liberty to the petitioner to file an application under section 85(1) of the punjab municipal act, 1911 for condonation of delay and hope that the appellate authority will dispassionately and objectively consider its request for condonation of delay keeping in view the ..... 'b.i.c. limited mills dhariwal submitted the appeal against the assessment order of house tax dated 30.8.1999 of municipal council, dhariwal under section 68-a of the punjab municipal act, 1911 and condonation of delay under section 85(1) dated . 27.3.2001 which was submitted in my court on 10. ..... no. 1, 2 and 3 have tried to defend the exercise undertaken by the competent authority of municipal council, dhariwal (respondent no. 3) under section 68-a(1) of the punjab municipal act, 1911 (for short, the act') to re-assess the value of the petitioner's property and the demand notices impugned in this ..... 4.200,1. the municipal council, dhariwal submitted its reply to the appeal on 31,3.2001 and in response to which m ..... , annexure p/12, passed by respondent no. 3 whereby the petitioner company has been directed to deposit the house tax as assessed by the municipal committee, which is totally illegal and arbitrary. (ii) a writ in the nature of certiorari for quashing the house tax assessment demandfor the years .....

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Mar 11 2003 (HC)

Ravinder Singh Sidhu and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Mar-11-2003

Reported in : (2003)135PLR25

..... whether orders annexures p.13 and p.14 have the effect of revising the scheme or nullifying order annexure p1/a dated 22nd july, 1981.section 192(3) of the punjab municipal act, 1911 is as under:-'(3) the committee shall consider every objection or suggestion with regard to the scheme which may be received by the date intimated under the provisions of sub ..... town planning scheme dated 22nd july, 1981 is as under:-'government of punjab department of local govt. unit no. ii.order of the governor of punjab in exercise of the powers conferred by section 192(3) of the punjab municipal act, 1911 and all other powers enabling him in this behalf, the governor of punjab is pleased to sanction the town planning. scheme in respect of unbuilt ..... area known as sardarni joginder kaur bhopindera road, measuring 3.41 acres of municipal committee patiala as described in drawing no. dtp(p) 1788/81 dated ..... , the petitioners sought revision of the scheme on which no action was taken. the petitioners received a notice in june, 1990 under section 172 read with section 195 of the punjab municipal act for demolition of boundary wall, against which a writ petition was fifed, which was dismissed on 3rd october, 1990. special leave petition against the said order was also dismissed on .....

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Apr 28 2003 (SC)

Indian Red Cross Society Vs. New Delhi Municipal Committee and ors.

Court : Supreme Court of India

Decided on : Apr-28-2003

Reported in : 2003(3)AWC2529(SC); 104(2003)DLT566(SC); JT2003(4)SC280; 2003(4)SCALE357; (2003)5SCC545; [2003]3SCR987

..... the years 1977-78 to the present day.2. prior to 1994, house tax in respect of properties in delhiwas imposed under the punjab municipal act, 1911. thepunjab act was repealed by the new delhi municipal councilact, 1994 (briefly the ndmc act) as far as new delhi isconcerned with effect from the day that the respondent no. 1council was established under section 3 read ..... controversy isconcerned, the council's power must be exercised, if at all, infavour of a class of persons or a class of property. thispower may be contrasted with the punjab municipal act whereexemption may have been allowed, even in respect of anindividual by the committee under section 70(2)(c) and thestate government under section 71.22. therefore, while dismissing ..... -92 to 2000-2001. the position under the punjabmunicipal act, 1911 was examined and it was found that theappellant had filed an application claiming exemption under thatact only in respect of the self-occupied portion of the building.the municipal committee which was the competent authorityunder section 70 of the punjab act had resolved to grantexemption from payment of property tax under ..... or the stategovernment to grant exemption in the circumstancesprescribed. the 'committee' has been defined in section 3(4)as the municipal council or a nagar panchayat, as the casemay be constituted under section 12 of the act. section 70 ofthe punjab act provided for the 'power of the committee inregard to taxes'. sub-section (2) of section 70 provided:'a committee, .....

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Apr 03 2003 (HC)

The Municipal Committee Vs. the Ambala Bus Syndicate (P) Ltd.

Court : Punjab and Haryana

Decided on : Apr-03-2003

Reported in : (2003)135PLR423

..... . the house tax was assessed in disregard of the rules, regulations and provisions of the punjab municipal act, 1911. it is the case of the plaintiff that the municipal committee has served notice upon the plaintiff under section 65 of the punjab municipal act and objections filed by him were dismissed by the municipal committee. the plaintiff has sought to impugn the demand notice calling upon him to pay ..... on the ground that the jurisdiction of the civil court in the matter of assessment and computation of the house tax is barred under sections 84 and 86 of the punjab municipal act. the following substantial question of law arises in the present appeal:- 'whether the learned courts below have erred in law by deciding the civil suit especially when a suit of ..... civil courts to entertain and decide a suit with regard to the levy and assessment of octroi under section 61(2) of the punjab municipal act was barred by virtue of the provisions of sections 84 and 86 of the punjab municipal act. even this earlier judgment was not brought to the notice of the division bench in ganesh das's case (supra). it is, thus ..... civil court to entertain and decide a suit with regard to the levy and assessment of octroi under section 61(2) of the punjab municipal act was barred by virtue of the provisions of section 84 and 86 of the said act. it was found that the earlier full bench judgment was not brought to the notice of the division bench in ganesh das .....

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Nov 14 2003 (HC)

Dharam Singh Aulakh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Nov-14-2003

Reported in : (2004)137PLR175

..... dated 1.4.1999 (annexure p13) issued by the state government in the department of local government, punjab chandigarh, whereby the petitioner was removed from the office of president, municipal council, ferozepur city, in terms of the provisions of section 22 of the punjab municipal act, 1911 (act for short) on the ground that he appeared to be guilty of misuse/abuse of powers and forfeited ..... meeting and no longer. section 13(1) of the act, reads as under;-'13(1) duration of municipalities. every municipality save as otherwise provided in this act, shall continue for five years from the date, appointed for its first meeting and no longer.explanation;- in this section 'first meeting' means the meeting of the ..... newly constituted municipality held for election of its president and vice-president under section 20 of this act.'4. as already noticed, the first meeting of the municipal council, ferozepur as per the petitioner's own case was held on 15.5.1998 and, therefore, the ..... has expired. the petitioner was elected as president of the municipal corporation, ferozepur on 9.4.1998 and after taking over as president, the first meeting of the municipal corporation, ferozepur, was held on 15.5.1998 (annexure p1). the duration of the municipalities in terms of section 13(1) of the act is five years from the date appointed for its first .....

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Sep 11 2003 (SC)

N.D.M.C. Vs. Satish Chand (Deceased) by Lr Ram Chand

Court : Supreme Court of India

Decided on : Sep-11-2003

Reported in : AIR2003SC3187; 2003(4)ALLMR(SC)1178; 97(2004)CLT188(SC); 106(2003)DLT417(SC); JT2003(Suppl1)SC291; (2004)136PLR257; 2003(7)SCALE425; (2003)10SCC38

..... took a preliminary objection against the maintainability of the said suit. the objection is based on sections 84 and 86 of the punjab municipal act 1911 (hereinafter referred to as 'the act'). the ndmc at the relevant time was constituted under the said act and assessment and levy of property tax was a function carried on by ndmc in accordance with the provision of the said ..... circumstances and conditions, the civil courts.' jurisdiction is preserved even where there is an express clause excluding their jurisdiction, are considered in dhulabhai's case.'munshi ram and ors. v. municipal committee, chheharta : [1979]118itr488(sc) was a case under the punjab municipal act itself. the court was considering the question of bar created under sections 84 and 86 of the ..... act restrains a party from challenging assessment and levy of tax in any manner other than as provided under the act a provision like this is the implied bar envisaged in section 9 c.p ..... that the jurisdiction of a civil court is barred e.g., the bar contained in section 293 of the income tax act, 1961. an implied bar may arise when a statute provide a special remedy to an aggrieved party like a right of appeal as contained in the punjab municipal act which is the subject matter of the present case. section 86 of the .....

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Jun 12 2003 (HC)

T. Seshagiri Rao Vs. Municipal Corporation of Hyderabad, Rep. by Deput ...

Court : Andhra Pradesh

Decided on : Jun-12-2003

Reported in : 2003(6)ALT100

..... court while considering the provisions of the punjab municipal act, 1911 held that the determination of annual ratable value shall be not on the basis of annual rent received by the ..... landlord but the standard rent expected to be received under the relevant rent act.14. the supreme court and the a.p. high ..... age of the building and the nature of use etc. he further contended that as the respondent failed to follow the procedure prescribed under section 212 of the hyderabad municipal corporations act, 1955 ('the act' for brevity) the assessment made on the basis of the annual rent received from the tenant-bank is liable to be set aside.8. section 212 (1)(a ..... down in the rent act and cannot exceed the figure of the standard rent so arrived at by the assessing authority.12. in the said decision, the supreme court explained the principle laid down in its earlier judgment in diwan daulat rai kapur v. new delhi municipal committee, : [1980]122itr700(sc) .13. in bhagwant rai v. state of punjab, : air1996sc95 the supreme .....

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Aug 27 2003 (HC)

Hans Raj (Dead) Through L.Rs. Vs. Karmi and ors.

Court : Punjab and Haryana

Decided on : Aug-27-2003

Reported in : AIR2004P& H315; (2004)136PLR862

..... under any authority of law, but i do not find that the challenge of the defendants to the aforesaid document is valid. under the provisions of section 188 of the punjab municipal act, 1911, the municipal committee has been authorised to frame bye-laws. sub-section (c) of the aforesaid section deals with bye-laws for the 'proper registration of birth, marriages and deaths and ..... for the taking of a consensus'. ved parkash pw4 has clearly stated that the death register was maintained by the municipal committee on the basis of the entries at the cremation ground. according to him, the usual practice was that a clerk from their office went to the cremation ground to ..... raj pw3 who all have stated that labhu ram had died on june 16, 1956. a further reliance has been placed on the death certificate ex.p2 issued by the municipal committee, kapurthala showing the death of labhu ram on june 16, 1956. the learned counsel maintains, on the basis of the aforesaid evidence, that the observations made by the learned ..... cremation ground has not been produced. the aforesaid observations made by the learned first appellate court are wholly unsustainable in view of the fact that the bye laws of the municipal committee empowered and required the municipal committee to maintain a proper register of births, marriages and deaths. thus when the entry ex.p2 came from the death register maintained by the .....

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