Court : Punjab and Haryana
Decided on : Feb-11-2005
Reported in : AIR2005P& H241; (2005)140PLR626
..... of law. thereafter, without taking prior approval, the applicants commenced construction of the shops in august, 1999. a show-cause notice was issued under section 195 of the punjab municipal act, 1911 to the petitioner and his brothers for indulging in unauthorised construction of the shops. the show-cause notice was acknowledged and replied by rakesh kumar, one of the brothers ..... flagrantly abused his position as member, therefore. i.b.r. bajaj, i.a.s. principal secretary, local government department, punjab under section 16(1)(e) of punjab municipal act, 1911, remove sh. dinesh dhir, councillor, municipal council, sultanpur lodhi, from membership of municipal council, sultanpur lodhi.'these observations tend to show that the state government was fully aware of the extent to which the ..... charged councillor are not attracted to this case and are clearly distinguishable. it is honest duty of govt. to ensure that municipal council i.e. its members and officials work within the parameters laid down in the punjab municipal act, 1911 (as amended in 1994) and the rules, bye-laws and instructions in this regard. an elected representative is bestowed with ..... this court has jurisdiction under article 226 of the constitution of india to scrutinise the orders passed by the state government under section 16(1)(e) of the punjab municipal act (3 of 1911) with a view to check whether the grounds of removal are not extraneous to the conduct of the member. as such the court can scrutinise the orders .....Tag this Judgment!
Court : Delhi
Decided on : Oct-07-2005
Reported in : 124(2005)DLT466
..... such vending activity, and its use for the populace in general.50. in the decision reported as sodan singh v. new delhi municipal committee, : 3scr1038 , pari materia provisions of the punjab municipal act, 1911, governing the new delhi municipal committee, at that point in time, were considered, by a constitution bench of the supreme court. the court was also called ..... bench constituted by three learned judges observed in pyare lal case1 that the provisions did not authorise the municipality to permit stalls to be set up in the streets except temporarily on special ..... obstruction to the traveling public. the provisions of the delhi municipal corporation act, 1957, are clear and nobody disputes before us that the municipal corporation of delhi has full authority to permit hawkers and squatters on the sidewalks where they consider it practical and convenient. insofar as the punjab municipal act, 1911 applying to the new delhi area is concerned, the ..... would lead to undesirable results. particular reliance was placed on the observations of the supreme court that provisions of municipal acts should be construed in a beneficial manner and that if there was some ambiguity, to enable municipalities to liberally exercise their authority both for granting permission to individual for making other uses of pavements and for .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-03-2005
Reported in : (2005)10SCC760; 2005(2)LC945(SC)
..... and determined.90. in ndmc v. satish chand (deceased) by lr. ram chand : air2003sc3187, this court clearly held that sections 84 and 86 of the punjab municipal act, 1911 bar the jurisdiction of the civil court as the act provided a complete remedy to the party at plea as also a remedy by way of an appeal.91. in k. shamrao and ors. v. assistant ..... judicial procedure. in fact no order has been passed on the appellant's application for changes in the entries made in the registers maintained under section 17 of the act. the bpt act provides for express exclusion of the jurisdiction of the civil court. it in various provisions contained in chapter iv a power of inquiry and consequently a power of adjudication ..... obtaining therein. in each case indisputably the lis arose for determination of a question relating to interpretation of one or the other clause enumerated in different provisions of the bpt act which come either within the exclusive jurisdiction of the statutory authorities or otherwise. the civil court will have no jurisdiction in relation to a matter where over the statutory authorities ..... 3a provides for the appointment of joint charity commissioners. section 5 provides for the appointment of deputy and assistant charity commissioners.28. section 9 occurring in chapter iii of the act defines charitable purposes inter alia to include relief of poverty or distress, education, medical relief and the advancement of any other object of general public utility but would not include .....Tag this Judgment!
Court : Delhi
Decided on : Mar-24-2005
Reported in : 2005(81)DRJ473
..... terms of conditional sanction. but unfortunately building norms have got changed. assuming the plans were deemed to be sanctioned, their validity was 2 years as per section 194 of the punjab municipal act, 1911. building not being completed, plans would require revalidation.54. this is the real area in which the problem has got rooted as of today. original plans proposed parking in ..... being, whether petitioners had complied with the terms of sanction entitling them for the plans to be released?33. there was to be another problem. section 194 of the punjab municipal act, 1911 stipulates that maximum life of a sanction would be 2 years. section reads as under:'194. lapse of sanction after one year from the date of such sanction:- every sanction ..... .12.1969. reason for refusal was that first petitioner had not obtained the necessary permission from the central government as contemplated by sub section 2 of section 193 of the punjab municipal act, 1911.7. first petitioner resubmitted the plans. matter was reconsidered by the committee on 23.2.1970. vide resolution no.79/16, plans were approved but subject to conditions. ..... declared commercial and first petitioner intended to take benefit of change in law. he desired to pull down the existing building and reconstruct a commercial building. section 189 of the punjab municipal act, 1911 enjoined on him to obtain a sanction from the committee before he could reconstruct on the plot. on 6.12.1969 first petitioner submitted, as per bye-laws, 7 .....Tag this Judgment!
Court : Delhi
Decided on : Nov-30-2005
Reported in : 126(2006)DLT582
..... determine the rateable value on cost basis right from the inception.16. as noted above, assessment was initially framed under the punjab municipal act 1911. procedure for assessment of tax under the punjab municipal act 1911 is governed by section 63 to 68-a of the said act. section 63 obliged the then committee to prepare a list of all lands and buildings on which tax was to be ..... that if further amendment to the assessment list was to be made, the owner had to be notified and given an opportunity to file objections.17. section 68 of the punjab municipal act 1911 give an option to the committee to either prepare new assessment lists every year or adopt the valuations and assessment contained in the list for the previous year and while ..... entire complex in the year 1992. treating this to be a notice of completion of the flats, on 2.2.1993 ndmc issued a notice under section 65 of the punjab municipal act 1911 proposing the annual value of rs. 2,26,08,576/- less 10% for the entire complex w.e.f. 1.4.1992.8. needless to state when the notice aforesaid ..... new assessment list had been prepared.18. corresponding provisions are to be found in section 70, 71, 72 and 73 of the new delhi municipal council act 1994.19. sub-section 1 of section 74 of the punjab municipal act 1911 required that whenever title to a property is transferred, the transferor and the transferee shall within 3 months of the transfer notify the committee. the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-08-2005
Reported in : 120(2005)DLT283; 2005(82)DRJ327
..... relevant provision is as under:416. repeal and savings - (1) as from the date of the establishment of the council, the punjab municipal act, 1911, (punjab act 3 of 1911) as applicable to new delhi, shall cease to have effect within new delhi.(2) notwithstanding the provisions of sub-section (1) of this section -(a) any appointment, notification, order, scheme, ..... by the respondents after the expiry of six months in view of the provisions of section 195 of the punjab municipal act, 1911 ( hereinafter to be referred to as, 'the pm act' ), which was the act applicable at the relevant stage of time prior to coming into force of the ndmc act. in this behalf, reliance was placed on a division bench judgment of this court in ..... were due.25. the respondents have also brought to the notice of this court the gazette notification in respect of the punjab municipal (new delhi amendment) act, 1984, which came into effect on 27.05.1984. section 195(1)(b) of the pm act was amended. in terms of the amendment, the requirement for issuance of notice within six months of completion of the ..... demolition of the unauthorised construction. learned single judge observed that in view of the provisions of the proviso to section 247(1) of the new delhi municipal act, 1994 ( hereinafter to be referred to as, 'the ndmc act' ) making it mandatory that a reasonable opportunity to show-cause should be given prior to any demolition order, no demolition action should take place otherwise .....Tag this Judgment!
Court : Delhi
Decided on : Dec-15-2005
Reported in : 126(2006)DLT191; 2006(86)DRJ157
..... the bye-laws. this provision reads as follows:-'416. repeal and savings. - (1) as from the date of the establishment of the council, the punjab municipal act, 1911, (punjab act 3 of 1911) as applicable to new delhi, shall cease to have effect within new delhi.(2) notwithstanding the provisions of sub-section (1) of this section, -(a) any appointment, notification, order, scheme, ..... were notified were overlooked. these read as follows:-'no.f.3(61)/62-lsg. - the following bye-laws made by the new delhi municipal committee under the provisions of sections 188(v) and 199(1) of the punjab municipal act, 1911, as in force in the limits of the said committee, relating to the assessment and collection of house tax, having been confirmed by the ..... chief commissioner, delhi, under sub-section (1) of section 201 of the said act, are hereby published for general information and shall come into force on ..... so in all the connected appeals.5. on or about 22nd march, 2000, the appellant issued a notice to the respondent under section 72 of the new delhi municipal council act, 1994 (the ndmc act) proposing to amend the assessment list in respect of the building known as jawahar vyapar bhawan which, according to the appellant, was erroneously valued and under-assessed to .....Tag this Judgment!
Court : Kerala
Decided on : Nov-15-2005
Reported in : 2005(4)KLT882
..... thereunder, the provision can be regarded as mandatory. in air 1962 sc 554, sub-sections.(l) and (2) of section 47 of the punjab municipal act, 1911 provided for certain formalities, for contracts or transfers made by the municipal committee to be followed. section 47(3) provided that,'in no contract or transfer of the description mentioned in this section executed otherwise than ..... is only a councillor who can challenge the election of the deputy chairperson by filing a petition before the district court, it is contended. the provision in the kerala municipality act cannot be bypassed, it is averred. it is pointed out that the councillors are not impleaded and they are necessary parties. more importantly, it is contended that the averment ..... for election of the deputy chairperson shall start only after the election of the chairperson and declaration of the result thereof are completed.' section 143(2) of the kerala municipality act is extracted hereunder:'143. oath or affirmation--(2) the chairperson and the deputy chairperson shall also, before entering upon their offices, make and subscribe an oath or affirmation ..... and deputy chairperson) rules, 1995 was violated in the matter of election of the third, respondent. it is his further case that section 143(2) of the kerala municipality act mandates that the deputy chairperson shall make and subscribe such oath or affirmation before the chairperson, after the chairperson has been elected. however, the oath was administered by not .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-23-2005
Reported in : (2005)140PLR783
..... court does not have the jurisdiction to entertain suit against assessment of the house tax as appeal is provided under section 84 and 86 of the punjab municipal act, 1911. the trial court framed issues no. 3 and 4 which were as follows:-1. whether the civil court has no jurisdiction to adjudicate upon the ..... not have the jurisdiction in view of the provisions of section 84 and 86 of the punjab municipal act, 1911 (hereinafter referred to as 'the act') as an appeal against the assessment of house tax is provided under section 84 of the act. section 84 is reproduced under:-'84. appeals against taxation.- (i) an appeal against ..... court did not have the jurisdiction to entertain the suit against the assessment of the house tax.7. resultantly, the regular second appeal filed by the municipal committee, kharar, is allowed and the judgment of sub judge, 1st class, kharar dated 30.11.1981 and the judgment of additional district judge, ..... the date of the order for payment thereof, the officer awarding the costs may order the person having the custody of the balance of the municipal fund to pay the amount.4. thus, the short question that arises for consideration of this court is whether the civil court has the ..... .c. v. satish chand (deceased) by l.r. ram chand, (2004-1)136 punjab law reporter 257, wherein their lordships have held 'that the provisions of appeal contained in section 84(1) of the act provide a complete remedy to a party aggrieved against the assessment and levy of tax. section 96 .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-10-2005
Reported in : (2005)199CTR(Cal)105,279ITR522(Cal)
..... it could not exceed such measure of the standard rent. now, this was a decision given on the interpretation of the definition of 'annual value' in the delhi municipal corporation act, 1957, and the punjab municipal act, 1911, for the purpose of levy of house tax, but it would be equally applicable in interpreting the definition of 'annual value' in sub-section (1) of section ..... 23 of the it act, 1961, because these definitions are in identical terms and it was impossible to distinguish the definition of that term in the delhi municipal corporation act, 1957, and the punjab municipal act, 1911. we must, therefore, hold, on an identical line of reasoning, that even if the standard rent ..... of a building has not been fixed by the controller under section 9 of the rent act and the period of limitation prescribed by section 12 of the ..... rent act for making an application for fixation of the standard rent having expired, .....Tag this Judgment!