Court : Karnataka
Decided on : Sep-18-2007
Reported in : ILR2007KAR4790; 2008(2)KarLJ406
..... singh mann (supra), dealing with the applicability of section 100 of the c.p.c. as amended in 1976 vis-a-vis section 41 of punjab courts act, the apex court has observed thus at paragraphs-13 and 14:13. on the doctrine of implied repeal, mr. mehta contended that procedural law ..... position is clear, either on account of express provisions of law or binding precedents, but the court below has decided the matter, either ignoring or acting contrary to such legal principle. in the second type of cases, the substantial question of law arises not because the law is still debatable, but ..... of m.p. shikshak congress v. r.p.f. commissioner, jabalpur : air1999sc443 , the supreme court, dealing with the issue concerning repugnancy between the state act and the parliamentary legislation, has observed thus at paragraph-10:10. ...under article 254(1) of the constitution, if any provision of a law made by ..... it is impossible to obey the one without disobeying the order.the requirement is thus a clear and direct irreconcilable inconsistency between the central act and the state act and the inconsistency would be of such an extent that it would be otherwise impossible to obey the one without disobeying the other. ..... (supra), referred to by the learned counsel for the appellant shri desai, dealing with article 254 of the constitution and repugnancy between the central act and the state act, the apex court has observed thus at paragraphs-26, 31 and 32 thus:26. it cannot, therefore, be said that the test of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-05-2007
Reported in : 2007(2)ALD375; 2007(2)ALT303
..... obligation under the statute to see that the residential area is not spoilt by unauthorised construction. the scheme is for the benefit of the residents of the locality. the municipality acts in aid of the scheme. the rights of the residents in the area are invaded by an illegal construction of a cinema building. it has to be remembered ..... when the scheme which is framed for the benefit of the residents in that area is violated by the municipality. the municipality acts for the public benefit in enforcing the scheme. where the municipality acts in excess of the powers conferred by the act or abuses those powers then in those cases it is not exercising its jurisdiction irregularly or wrongly but it ..... may restrain the government from regularising such construction. learned counsel lamented that by abusing and misusing the power vested in him under the andhra pradesh municipal corporations act, 1994 read with the hyderabad municipal corporation act, 1955, the then commissioner of the corporation has totally destroyed the concept of planned development and argued that the court should redeem the situation by ..... in rajender singh v. state of haryana 2005 (8) scj 630 : (2005) 9 scc 1, the supreme court interpreted the provisions of the punjab scheduled roads and controlled areas restriction of unregulated development act, 1963 and approved the action taken by the concerned authorities for demolition of illegal constructions. in the course of judgment, the supreme court observed as under .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-06-2007
Reported in : 2007(6)ALLMR843; 2007(5)BomCR316; 2007(5)MhLj313
..... of licence fee or charges or rent thereof, to which the provisions of bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay municipal corporation act, the maharashtra housing and area development act, 1976 or any other law for the time being in force, apply.sub-section (1) of section 41 provides that notwithstanding ..... of government or government companies in occupation of public premises (or premises of which they retain possession after termination of their tenancy). in ashoka marketing ltd. v. punjab national bank reported in : 3scr649 , the supreme court has considered the meaning of public premises and the scope of its application of the public premises eviction ..... the central government.(iii) any university established or incorporated by the central act.(iv) any institute incorporated by the institutes of technology act, 1961(v) any board of trustees constituted under the major port trusts act, 1963.(vi) the bhakra management board constituted under section 79 of the punjab reorganisation act, 1966 and that board as and when renamed as the bhakra- ..... baes management board under sub-section (6) of section 80 of that act.(vii) any state government or the government of any union .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : May-15-2007
Reported in : AIR2007MP247; 2007(1)MPLJ256
..... of a statute. shri kelkar further argued that corporation is a creation of law and is not constituted either by madhya bharat municipal corporation act of 1956 or act of 1956 as amended in the year 1961. in support of his contention he referred to the decisions in the case of ..... 2(g)(v)(ii) of the adhiniyam of 1981. it is further held that the madhya bharat municipal corporation act 1956 and now the madhya pradesh municipal corporation act, 1956 as amended by m.p. act 13 in 1961 it is a state enactment and under the provisions of law read with article ..... state government as defined under article 162 of the constitution of india. it is true that neither in the madhya bharat municipal corporation act nor in the madhya pradesh municipal corporation act, 1956 there is no direct provision that the state government shall establish the corporation in the cities of the state as ..... edition 2005) 'local authority' is defined as under:'local authority' means in the case of-(1) a local area which is -(a) a municipality, the municipal board or municipal corporation;(b) a cantonment, the cantonment authority;(c) a notified area, the notified area committee;(2) any other local area, such authority as may ..... the state government is having power to enact law relating to the local government, local authorities and particularly municipal corporation. in the case of rai sahib ram jaway a kapur v. the state of punjab : 2scr225 on the question of executive power of the state, the supreme court has held .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-30-2007
Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
..... shiva rao's case (supra). with the inclusion of the village concerned within the limits of the cities under the karnataka municipal corporation act, the provisions of the rent control act were made applicable to property in question. by that time the landlord's suit for recovery of possession was decreed and ..... similar effect is the judgment of the constitution bench in shamsunder's case (supra), which also involved amendment of section 15 of the punjab pre-emption act 1913 by substitution. though the right of a co-sharer to enforce pre-emption was taken away during the pendency of the suit, ..... (supra), proceedings for eviction were instituted not before the civil court but before the rent controller, the designated authority under the east punjab urban rent restriction act, 1949. the question as to whether an amendment to the rent control legislation ousted the jurisdiction of the civil court, to execute a ..... supra), the landlord filed an application for ejectment before the rent controller on 28-8-1956 under section 13(1) of the east punjab urban rent restriction act 1949. a tenant in possession of a building shall not be evicted therefrom except in accordance with the said section or in pursuance ..... bench of the supreme court in shamsunder's case (supra), considered the effect of the amendment made to section 15 of the punjab pre-emption act 1913 by haryana act 10 of 1995 by substituting section 15 with a new provision. section 15 which originally stood gave right of pre-emption in .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-21-2007
Reported in : (2008)16VST387(Raj)
..... the government, both civil and military, and to local bodies, and big private concerns. borough municipality was governed by the bombay municipal boroughs act, 1925, which was an enactment brought into force even before the commencement of government of india act, 1935, replacing the borough act of 1911. under the bombay municipal boroughs act, 1925, before its amendment from may 5, 1954, under section 73(1)(iv), it ..... 1947 fc 14, that imposition of octroi (without refunds) on import of wheat among other grains within municipal limits as notified by municipality of lahore vide punjab government gazette dated february 6, 1940 was beyond jurisdiction of provincial legislation or municipality in exercise of its power to impose local taxes, as it falls within entry 58 of federal list under the government of india ..... orissa : 2scr138 , g.k. krishnan v. state of tamil nadu : 2scr715 , international tourist corporation v. state of haryana : 2scr364 , malwa bus service (pvt.) ltd. v. state of punjab : 2scr1009 , mrs. meennakshi alias rama bai v. state of karnataka : air1983sc1283 , b.a. jayaram v. union of india : 3scr624 , state of maharashtra v. madhukar balkrishna badiya : air1988sc2062 .67 .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-18-2007
Reported in : (2007)4PLR531
..... no. 4 and 5 are also the co-sharers and are in exclusive possession of land where construction has been raised. the matter regarding partition between the proprietors and the municipal corporation, faridabad is under consideration. till the property is partitioned, every proprietor is owner of each inch of the property. hence their is no violation of the aforesaid direction of ..... preliminary decree, the property has been ordered to be partitioned by metes and bonds by appointment of local commissioner. however, in view of the pendency of another appeal filed by municipal corporation, faridabad, finilazation of the partition proceedings could not be carried out.5. be that as it may, the sole question to be considered in the present case is whether ..... .4. on being put to notice, the respondents have filed their separate disclaimers pleading therein that there is no violation of the direction of the court. as far as the municipal corporation, faridabad is concerned, it is stated that part of the construction was old and part of the new construction has been raised without proper sanction and part of the ..... respondent nos. 3 and 4, from the shamlat deh land. this court feels that the present writ is not a remedy available to the petitioner, as under the punjab village common lands (regulation) act, 1961, as applicable to the state of haryana, he has a remedy to move an application before the collector for the said purpose. furthermore, it is apparent from .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-14-2007
Reported in : (2008)12VST149(P& H)
..... parts ix and ix-a in the constitution, the legislature of the state of haryana amended the municipal act and also enacted the haryana panchayat raj act, 1994 (for short, 'the panchayati raj act') repealing punjab gram panchayat act, 1952 and punjab panchayat samiti act, 1961, as applicable to the state of haryana. this was done solely with the object of ..... is abolished in state of rajasthan. that due to abolition of octroi, the local bodies, i.e., panchayats, established under the rajasthan panchayati raj act, 1994, municipalities, established under the rajasthan municipalities act, 1959 and notified area committees and cantonment boards suffered a financial dent, on account of abolition of octroi cannot be ruled out. in our considered ..... area' means an area within the limits of a municipal corporation established under the haryana municipal corporations act, 1994 (haryana act 16 of 1994), or a municipality established under the haryana municipal act, 1973 (haryana act 24 of 1973), or a town board or a cantonment board established under the cantonment act, 1924 (central act 2 of 1924), or a zila parishad established ..... , waterways, maintenance of hospitals, markets, sanitation, water supply schemes, etc. section 56 of the municipal act provides for constitution of municipal fund for each municipality which shall consist of all sums received by, or on behalf of, the committee under the said act or otherwise. section 57(1) provides for application of fund for payment of various dues. sub .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-10-2007
Reported in : (2007)4PLR598
..... a legal and valid method of determining market value. reliance for the above proposition is placed upon municipal committee, bhatinda and ors. v. balwant singh and ors. 1995 lacc 533, raj kumar and anr. v. state of punjab and anr. 1995 lacc 297, and khanna improvement trust v. land acquisition tribunal and ors. : ..... , whereas c.w.p. no. 8697 of 1987 has been filed by the improvement trust, phagwara.2. the state of punjab issued a notification, under section 36 of the act, dated 1.8.1975, proposing to acquire 76 acres of land for a development scheme for residential and commercial purposes in phagwara ..... 1987, as they impugn the award, dated 5.s.1987, passed by the land acquisition tribunal, kapurthala, under the punjab town improvement act, 1940, (for short herein after referred to as 'the act'). c.w.p. nos.9162 of 1987, 1340 of 1988 and 1800 of 1990 have been filed by the land ..... court, tribunal or authority deciding the case, has ignored vital evidence and thereby arrived at erroneous conclusion or has misconstrued the provisions of the relevant act or misunderstood the scope of its jurisdiction, the constitutional power of the high court under article 226 and 227 can be invoked to set right ..... these individual rights stand extinguished. a land owner is thereafter entitled to and is in fact conferred with a separate and distinct right under the act, to seek enhancement over and above the market value, determined/awarded by the collector. each land owner is free to lead such evidence as .....Tag this Judgment!
Court : Kolkata
Decided on : May-18-2007
Reported in : 2008(1)CHN231
..... been appointed disciplinary authority by the chairperson is also not tenable in view of the provisions of section 61 of the west bengal municipal act, 1993. according to sub-section (1) thereof, the chairperson is the disciplinary authority of the municipal employees. in terms of sub-section (2) thereof, power of the chairperson can be delegated by him. delegation of power by the ..... while issuing the show-cause notice is absolutely misconceived. he referred to the penultimate paragraph of the show-cause notice whereby it was conveyed that the vice-chairperson of the municipality had been appointed as the disciplinary authority to dispose of the disciplinary proceeding against the petitioner and he was asked to submit written version against the charges leveled before her ..... referred to by the learned counsel for the petitioner have been considered.22. in v.k. khanna (supra), the officer concerned being the former chief secretary to the government of punjab had approached the tribunal questioning the charge-sheet issued against him. though the tribunal held against him, the high court ruled in his favour. the judgment of the high court ..... conduct, this court ought to set aside the show-cause notice.in support of such submission, mr. banerjee relied on the following decisions:1) 2001(2) scc 330 : state of punjab v. v.k. khanna;2) 2002(1) clj 203 : sanjay kumar singh v. union of india and ors.;3) 968 lab i.c. 735 : gouri pr. ghosh v. state of .....Tag this Judgment!