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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 2006 Page 1 of about 396 results (0.088 seconds)

Jan 20 2006 (HC)

Som Lal Vs. Vijay Laxmi

Court : Punjab and Haryana

Decided on : Jan-20-2006

Reported in : (2006)143PLR81a

..... his continuation, if elected, as a member of the panchayat.25. at this stage, it may also be noticed that like the punjab panchayati raj act, 1994, there exists a separate legislation known as the punjab municipal act, 1911 which provides the constitution of municipal council/nagar panchayats, their powers, duties and functions, reservation of seats and elections of president and other office-bearers of these elected ..... bodies and the term of their office as also the procedure for resignation, suspension and removal etc. of such elected members. section 3(12-a) of the said act defines ''state ..... the superintendence, direction and control of the preparation of electoral rolls for the conduct of all elections, municipalities, shall vest in the state election commission.27. it is pertinent to repeat that by virtue of section 228 of the panchayati raj act, the punjab gram panchayat act, 1952, which used to hold that field earlier, has been repealed. we find that in section 6 .....

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Mar 29 2006 (HC)

Niranjan Dass and ors. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Mar-29-2006

Reported in : (2006)143PLR335; 2007(1)SLJ489(P& H)

..... with the following common question which arose for consideration:whether the clerks and peons working at octroi check posts and barriers run by the respondent municipal committees concerned constituted and functioning under the punjab municipal act, 1911 (for short 'the act) are entitled to be paid for each of the saturdays on which they worked at the octroi check posts and barriers while their colleague ..... in the offices of the municipal committees concerned were permitted to enjoy those saturdays as holidays. 9. the aforesaid question has been answered in para 15 of ..... , are entitled to be paid 'extra wages' in lieu thereof. reliance has been placed on a judgment by the supreme court in the case of municipal employees union (red.) sirhind and ors. v. state of punjab and ors. (2000)9 s.c.c. 432.7. on the other hand, learned state counsel, on the basis of the stand taken in ..... , the state government is also obligated not to discriminate amongst its similarly situated employees. it can achieve both the objects successfully by following the dictum of the supreme court in municipal employees union (regd.) sirhind and others (supra), namely by granting extra wages for each of the working saturday,12. for the reasons aforementioned, though, i decline to quash .....

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Mar 09 2006 (HC)

Suresh Kumar and ors. Vs. Municipal Corporation and ors.

Court : Punjab and Haryana

Decided on : Mar-09-2006

Reported in : (2006)143PLR832

..... under the punjab panchayat samities and zila parishads act, 1961 (punjab act 3 of 1961), or an improvement trust constituted under the punjab town improvement act, 1922 (punjab act 4 of 1922). the haryana urban ..... development authority act, 1977 whereunder in exercise of ..... have any control over the properties in question. the haryana housing board act, 1971, where under the hire purchase scheme was launched, defines the 'local authority' as under:2(j) 'local authority' means a municipality constituted under the punjab municipal act, 1911 (punjab act 3 of 1911), or a gram panchayat constituted under the punjab gram panchayat act, 1952 (punjab act 4 of 1953), or a panchayat samiti or a zila parishad constituted .....

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Feb 28 2006 (SC)

Municipal Corporation Chandigarh and ors. Etc. Vs. Shantikunj Investme ...

Court : Supreme Court of India

Decided on : Feb-28-2006

Reported in : AIR2006SC1270; 2006(1)CTLJ145(SC); JT2006(3)SC1; 2006(2)SCALE712; (2006)4SCC109

..... which reads as under:2(f). 'erect a building' has the same meaning as 'erect or re-erect any building' in the punjab municipal act, 1911 (punjab act iii of 1911).13. section 2(i) defines 'prescribed' which means prescribed by rules made under this act. 14. section 2(j) defines 'site' which means any land which is transferred by the central government under section 3.15. section ..... rules, 1973. these provisions are applicable to both sets of cases i.e. allotment of commercial sites as well as residential, made by the chandigarh administration and chandigarh municipal corporation. section 2 of the act deals with definition. section 2(b) defines 'amenity' as under:2(b). 'amenity' includes roads, water-supply, street lighting, drainage, sewerage, public building, horticulture, landscaping and ..... not exceeding 100 per cent of the amount due which may be imposed and recovered in the manner laid down in section 8 of the capital of punjab (development and regulation) act, 1952, as amended by act no. 17 of 1973.14. execution of lease deed. - (1) after payment of 25 per cent premium the lessee shall execute a lease deed in ..... 99 years and certain terms and conditions were laid down therein. but the challenge in these various petitions filed before the punjab & haryana high court was that the basic amenities were not provided and, therefore, the chandigarh administration and the municipal corporation of chandigarh were not entitled to charge interest @ 18% or 10%, as the case may be, on the .....

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Jan 04 2006 (HC)

Municipal Committee Vs. Dashmesh Steel Rolling Mills

Court : Punjab and Haryana

Decided on : Jan-04-2006

Reported in : (2006)142PLR813

..... preliminary objection that the appeal is not maintainable for want of resolution by the municipality, learned counsel for the appellant has produced resolution no. 115 dated 25.2.1980 passed by the municipality approving the office order dated 7.2.1980 under section 35 of the punjab municipal act, 1911 authorising the executive officer to file appeal against and also approving the expenses to ..... municipality in terms of section 56 of the act, the entry would carry a presumption of correctness. in any case, such presumption cannot be rebutted at the instance of a person, who raise a plea of adverse possession without stating a word about the true owner. the finding recorded by the learned district judge is that the property belonged to state of punjab ..... and no document has been produced to prove the transfer of the same to municipal committee. the said finding is, in fact, based upon the statement of dw2 surjit singh. the appellant's application for additional evidence ..... of the notification dated 17.5.1950, it is apparent that the property which belonged to the state of punjab stood transferred to the municipality vide the aforesaid notification and, therefore, the same was included in the property register being maintained by the municipality. therefore, in view of the said notification, there is no manner of doubt that the property stood .....

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Feb 01 2006 (HC)

Municipal Committee Vs. Gian Chand Parmukh Sant Nirankari Mandal

Court : Punjab and Haryana

Decided on : Feb-01-2006

Reported in : (2006)144PLR60

..... jasbir singh, j.1. respondent alongwith sant nirankari mandal, gobindgarh, upon receipt of a notice under section 220 of the punjab municipal act, 1911 (in short the act), calling upon the sant nirankari mandal to demolish nirankari bhawah, filed a suit for permanent injunction with a prayer that the appellant and its administrator be restrained from demolishing the ..... under:5. we are of the considered opinion that the petitioner, admittedly, being in unauthorized occupation of the premises of the municipal council, cannot be granted any equitable relief. necessary proceedings under the punjab public premises and land (eviction and rent recovery) act, 1973, having been concluded against the petitioner, no relief can now be granted.11. in view of the facts, mentioned ..... record.7. it is further not in dispute that the construction over the plot in dispute, was raised without getting building plans sanctioned from the municipal committee, as is necessary under the provisions of the act and rules framed thereunder. under these circumstances, it is to be seen as to whether injunction can be granted in favour of an encroacher, who ..... was forcible and without sanction. it was further noticed by the trial court that before issuance of notice under section 220 of the act. administrator of the municipal committee had issued notice under section 172 and 195 of the act on 15.7.1996, when unauthorized construction was being raised by the respondent-plaintiff. it was also held that to prove averment .....

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Aug 04 2006 (HC)

Chander Mohan and ors. Vs. Municipal Committee and anr.

Court : Punjab and Haryana

Decided on : Aug-04-2006

Reported in : (2006)144PLR338

..... receipt of the application. as per the plaintiffs the plan is deemed to have been sanctioned in terms of the provisions of the punjab municipal act 1911 (for short 'the act'). the plaintiffs started raising construction according to such plans on 20.1.1988 which was completed by june 1990 but after more than ..... for the appellants has also argued that the construction was raised in the year 1990 and not in the year 1996 as alleged by the municipality. the first appellate court has found that the best evidence was the documents of purchase for material of constructions; date of application for obtaining ..... is further pointed out that the mechanical engineer and the sectional officer of the municipality inspected the civil work by digging foundation of 11 shops. on their report notice under section 195 and 195-a of the act was issued on the same date. the plaintiffs under the status quo order granted ..... on 9.3.1996 raised illegal construction by encroaching upon the municipal property. even after the status quo order it was found by the ..... six months of completion of construction the municipal committee issued a notice dated 29.2.1992 for demolition.3. in the written statement it was the stand of the municipal .....

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Jul 31 2006 (HC)

Calcutta Soft Drinks Private Limited Vs. Calcutta Municipal Corporatio ...

Court : Kolkata

Decided on : Jul-31-2006

Reported in : 2007(2)CHN17

..... 388 relied by the id. lawyer for the appellant. in the case before the apex court the new delhi municipal committee was the appellant and bye-laws framed in exercising power under the provisions of sections 188(v) and 199 of the punjab municipal act, 1911 provided for control and regulation of advertisements came up for the consideration of the apex court. the said bye ..... -laws run as follows:1. every person who erects, fixes, paints, carries or retains upon or over any land, building, wall, scores, boarding, structure or vehicle any advertisement within the limits of the new delhi municipal committee and as ..... certain cases. clause (c) of sub-section (2) of section 204 of the calcutta municipal corporation act unequivocally lays down that notwithstanding the provision of sub-section (1) no tax shall be levied under section 204 on any advertisement which 'relates to the trade, profession or business ..... so displayed to public view, a tax calculated at such rate as the corporation may determine by regulations detailed in proviso to sub-section (1) of section 204 of calcutta municipal corporation act. the sub-section (1) of section 204 speaks for payment of tax on advertisement. sub-section (2) of section 204 makes exemption from payment of such tax in .....

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May 24 2006 (HC)

Nagar Panchayat Vs. Gallu Singh and ors.

Court : Punjab and Haryana

Decided on : May-24-2006

Reported in : (2006)144PLR175

..... code') for setting aside the orders, passed by judicial magistrate, 1st class, barnala, whereby the complaints filed by the petitioner under section 195-a(2) of the punjab municipal act, 1911 (hereinafter referred to as 'the act') were dismissed being barred by time in view of section 468 of the code, and taking of cognizance of the offence after the expiry of limitation was refused ..... the construction already raised by them.9. in another case, a division bench of the assam high court in silchar municipal board v. sudhir chandra das 1972 criminal law journal 534 has held that the offence under section 176 of the assam municipal act, 1956 for constructing the building without sanction is not a continuing offence. it has been held that once the ..... court in faridabad complex administration v. yadu (1997-2) 116 p.l.r. 183 (s.c.), that if the owner of the building constructs the building without sanction from the municipal committee, a notice for demolition of unauthorised construction is not issued within six months of the date of construction, the building erected without sanction cannot be demolished. the limitation period ..... and further directed to demolish the same, failing which action would be taken against them. subsequently, after more than five years, the complaints under section 195-a(2) of the act were filed against the respondents in the court of judicial magistrate, 1st class, barnala. the said complaints were not filed on any resolution passed by the nagar panchayat, but these .....

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Oct 28 2006 (HC)

Paramjit Walia Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Oct-28-2006

Reported in : 2008(2)SLJ218(P& H)

..... services (punishment and appeal) rules, 1970 (1970 rules-for short) shall apply to the members so far as they are not inconsistent with the provisions of punjab municipal act, 1911. 'member' has been defined in rule 2(k) of the 1975 rules to mean member of a service detailed in appendix 'a'. rule 9 of the 1970 rules provides ..... replies have been filed by the respondents.5. respondent no. 1 state in its reply has submitted that the petitioner is working as junior assistant (clerical cadre) in the municipal council (respondent-2). as per section 39 of the punjab municipal act, 1911, it is submitted that the appointing and punishing authority of the non-provincialized cadre employees which includes the petitioner is the ..... municipal council. no order, decision or action of the government, it is submitted, is under challenge and as such, the state is merely a proforma party. the municipal council (rcspondent-2) in its ..... which de novo enquiry has been ordered against the petitioner.8. the petitioner, as already noticed, is working as junior assistant in the municipal council. the service conditions of the petitioner are governed by the provisions of the punjab municipal services (recruitment and conditions of service) rules, 1975 (1975 rules-for short) rule 1 (iii) provides that the said rules shall .....

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