Court : Punjab and Haryana
Decided on : May-28-2007
Reported in : (2007)4PLR280
..... averred that the plaintiffs were estopped from riling the suit; the suit was bad for non-compliance of notice under section 53 of the haryana municipal act, 1973 and it was also claimed that the civil court has no jurisdiction. it was further claimed that the suit was filed to harass the ..... . it was claimed that if there was any such allotment it was wrong, illegal, null and void and no binding on the rights of municipal committee, bahadurgarh. it was also claimed that the land was not vested in the custodian and the question of allotment as well as inheritance of ..... view of the govt. notification no. hla p-1999-d dated 9-2-1990 and the land of the plaintiffs was mutated in favour of municipal committee, bahadurgarh. on the basis of said mutation land stood under the ownership of panna 5 biswa and same has affected the legal rights of ..... supreme court in gram panchayat of village jamalpur v. malvinder singh and ors. 1985 p.l.j. 463 to contend that under the punjab village common lands (regulation) act, law passed by state legislature being a measure of agrarian reform, conducive to welfare of community would have overriding effect over the administration ..... civil court has no jurisdiction to try the suit as envisaged under sections 36 and 46 of the displaced persons (compensation & rehabilitation) act, 1954 and administration of evacuee property act, 1950, respectively. it was claimed that the plaintiffs were at liberty to approach the higher authorities of this department. it was .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-31-2007
Reported in : (2007)4PLR304
..... . it is further pleaded that the respondent-corporation came into existence from 24.5.1994 and provisions of capital of punjab (development and regulation) act, 1952 and rules framed thereunder were made applicable to all the properties being controlled and auctioned by municipal corporation. as per rule 12(3) of the chandigarh lease hold of sites and building rules, 1973, the amount ..... the case of the petitioner, the respondent-corporation has calculated the amount of equated installment at the higher rates. it is further categorically pleaded that in identical circumstances, where municipal corporation allotted different commercial sites and thereafter failed to provide basic amenities for the use and occupation of the sites sold to them, civil writ petition no. 959 of 1999 ..... were allotted in the year 1997 yet basic facilities like sewerage and parking etc. were not provided despite repeated representations. after having gone through the written statement filed by the municipal corporation, i find that they have not disclosed the exact date, on which the basic amenities like sewerage and parking etc. were provided at the site. it is true ..... 12.2003. annexure p-14, passed by respondent no. 3 by virtue of which review petition of the petitioner was dismissed, are ordered to be quashed. respondent no. 4-municipal corporation is directed to communicate in writing with regard to outstanding dues, which shall be payable by the petitioner-company, within a period of one month from the date a .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Jun-01-2007
Reported in : (2008)IILLJ8HP,2007(3)ShimLC202,2008(3)SLJ477(HP)
..... fit, or refuse to accord sanction.' the language of the section is very clear and it empowers the state government to sanction the proposal of the municipal corporation regarding modification of development control rules 'with or without any changes as it may deem fit.' these words are important and cannot be ignored. they ..... ' towards the end of clause (b) in dcr-2.4.11. learned counsel for the petitioners have submitted that in the proposal sent by the pune municipal corporation after following the procedure prescribed in sub-section (1) of section 37 the aforesaid words were not there. however, the state government while sanctioning the ..... or prevent the manifest intention of the legislature from being carried out.14. the apex court has held in promoters and builders association of pune v. pune municipal corporation and ors. : (2007)6scc143 as under:the main challenge of the review petitioners is to the addition of the words 'from the very said ..... 5, 2004 that the state government had full authority to make any changes or add any condition in the proposal of the municipal corporation is perfectly correct. in fact, on the plain language of the statute no other view can possibly be taken.15. the full bench of ..... post and regular is to be counted for the purpose of payment of gratuity act, 1972: their lordships have held as under:in the light of the above, let us examine the validity of rule 3.17 (ii) of the punjab civil services rules vol. ii. this rule says that the period of service .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-30-2007
..... affidavit reflected the total expenditure on maintenance and construction of roads and the amount showed to have been spent did not include the grants made to local bodies like municipalities and panchayat unions for the repair and maintenance of roads within their jurisdiction and such amount not only includes the cost of construction and maintenance of roads, but also ..... further submitted that if the legislature lays down the policy and retains to itself the control over the executive, the legislative power can be delegated. referring to the decision in municipal corporation of delhi v. birla cotton, spinning and weaving mills, delhi : 3scr251 (in short, 'birla cotton') the learned aag has further submitted that what is prohibited is ..... learned senior counsel such view of the constitution bench of the apex court was somewhat diluted in southern pharmaceuticals and chemicals v. state of kerala reported in : 1scr519 , in municipal corporation of delhi v. mohd. yasin reported in : 142itr737(sc) (in short, 'mohammad yasin') and in sreenivasa general traders v. state of andhra pradesh reported in :  ..... , are illegal. mr. ganesh, placing reliance on the constitution bench judgment of the apex court in devi dass gopal krishnan v. state of punjab : 3scr557 , has submitted that similar provision in east punjab general sales tax act, 1948, as that of the impugned enactment, was declared to be void on the ground of excessive delegation of power. mr. ganesh has .....Tag this Judgment!
Court : Delhi
Decided on : May-31-2007
Reported in : 142(2007)DLT608
..... the officials concerned15. reference was also made by the mcd to resolution no. 946 dated 14.3.1972 which deals with the interpretation of the dmc (allotment of municipal residences) regulations and for the purposes of interpretation of the regulations and relaxation thereof, states as below:interpretation of regulations : if any question arises as to the interpretation ..... her back, is contrary to the applicable rules and regulations, it is relevant to take note of the relevant rules for the purposes of allotment of government accommodation to municipal employees. for the said purpose, the mcd has adopted the fundamental rules and supplementary rules as applicable to the central government employees. initially, based on the provisions as ..... contained in allotment of government residences (general pool in delhi) rules 1963, the delhi municipal corporation (allotment of municipal residences) regulations, 1971 were framed under section 98(c) read with section 480(1) of the delhi municipal corporation act for application in the general wing of the corporation. also, the amendments as effected in the allotment of ..... same are illegal, arbitrary or have been passed in violation of the principles of natural justice:(i) ramesh kumar v. punjab national bank reported as 140 (2007) dlt 417; and(ii) zameer ahmed v. appellate authority, under payment of gratuity act, 1972 and anr. reported as : (2007)iiillj103del 12. having heard the learned counsels for the parties, before .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-14-2007
Reported in : AIR2007SCW2724; AIR2007SC1723; 2007(8)JT567(SC); 2007(6)ALT64(DNSC); 2007(4)SCJ353; 2007(9)SCC67
..... of the 'awho' had no independent existence and that being a part of the society itself, would come within the purview of the word 'through government/semi-government/municipal committee/corporation/improvement trust/notified area committee' and for the said purpose the contextual rule of interpretation should be applied.8. mr. ganguli, learned senior counsel appearing on ..... 15. the status of a member vis--vis a cooperative society came for consideration before a constitution bench of this court in daman singh and ors. vs. state of punjab and ors.- 1985 2 scc 670, whereupon ms. issar, learned counsel appearing for the appellant, places strong reliance. the question which arose for consideration therein was the validity ..... of certain provisions of the cooperative societies act providing for compulsory amalgamation of cooperative societies. the issue with which this court was concerned, keeping in view the difference of opinion rendered by different high courts, was as ..... a cooperative society known as 'army welfare housing organisation' ('awho' for short). the said cooperative society was registered with the registrar of societies, delhi under the societies registration act being, xxi of 1860.3. 'awho' was allotted some land in delhi by the ministry of housing and urban development.4. respondents applied for and were allotted a dwelling .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-31-2007
Reported in : (2007)147PLR140
..... the year 1972-73, the suit land is shown to be shamlat deh. it would be therefore for the revenue authorities under the punjab village common lands (regulation) act, 1961 to determine whether the suit land has vested in the respondents. therefore, the jurisdiction of the civil court is clearly baited under ..... their peaceful possession and from leasing out the land to any body else and also challenged the mutation of the respondent in favour of the respondent-municipal committee. the said suit was contested by the respondents. one of the grounds taken was that the suit land was shamlat land. it was ..... the land was being used by village community. it is obvious from the definition of 'shamlat deh' in section 2(g) of the punjab village common lands (regulation) act, 1961 that the land in question did not fall within the exclusionary part of definition. therefore, the land was 'shamlat deh' and was ..... of the civil court. the learned trial court came to the conclusion that in view of the provisions of section 13 of the punjab village common lands (regulation) act, 1961, the jurisdiction of the civil court was barred. accordingly, the plaint was ordered to be returned by the learned trial court ..... or not. the gram panchayat has been converted into municipal committee. reliance was placed on the judgment of the hon'ble supreme court reported as punjab wakf board v. gram panchayat @ gram sabha : (2000)2scc121 . it was the case where the punjab wakf board had filed a suit in the civil court .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-27-2007
Reported in : AIR2007SC3180; 2007(4)AWC3851(SC); 2008(1)BomCR454; 2007(10)SCALE391; (2007)7SCC555; 2007AIRSCW5782
..... government under clause (c) of section 126(1) has to be made by the planning/local authority, i.e. the municipal corporation of greater mumbai constituted under the bombay municipal corporation act. the municipal corporation had passed a resolution delegating authority to municipal commissioner for making an application to the state government, but the application/letter either dated 13.9.2002 or 17.9 ..... be put upon a statutory provision which would lead to manifest absurdity or futility, palpable injustice, or absurd inconvenience or anomaly.further, in the case of state of punjab v. sat ram das , the punjab high court held that:to avoid absurdity or incongruity, grammatical and ordinary sense of the words can, in certain circumstances, be avoided.25. many a times, ..... . hindustan cooperative insurance societies ltd. (supra) held that the provisions of section 55 of the concerned adhiniyam were on the same lines as those contained in the calcutta improvement act, 1911 and the principles laid down by the privy council are equally applicable to that case. this court stated:the amendments introduced in the land acquisition ..... sub-section in question, which was not enacted till 1921, can be regarded as incorporated in the local act of 1911. it was not part of the land acquisition act when the local act was passed, nor in adopting the provisions of the land acquisition act is there anything to suggest that the bengal legislature intended to bind themselves to any future additions which .....Tag this Judgment!
Court : Chennai
Decided on : Jan-20-2007
Reported in : 2007(2)CTC135; [2007(113)FLR707]; (2007)ILLJ906Mad; (2007)3MLJ310
..... ors. and by order dated 17.4.2006, rejected similar plea following the decisions of the honourable supreme court reported in : air1986sc180 olga tellis v. bombay municipal corporation; : 35itr190(sc) basheshwar nath v. commissioner of income-tax, delhi; and (2000) 3 scc 855 nar singh pal v. union of ..... such an order cannot be sustained.(ii) the honourable supreme court considered the question of waiver of rights in the decision reported in : (2006)illj340sc punjab & sind bank v. mohinder pal singh and in para 10 held thus,10. waiver of a right implies his knowledge of the existing right. ..... ambuja cement ltd. and anr. 2005 (6) scc 499.6. except for a period when article 226 was amended by the constitution (42nd amendment) act, 1976, the power relating to alternative remedy has been considered to be a rule of self imposed limitation. it is essentially a rule of policy, convenience ..... (ii) where there is failure of principles of natural justice; or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is challenged. see whirlpool corpn. v. registrar of trade marks, mumbai and ors. (1998) 8 scc 11. the present case attracts applicability of the ..... of the high court was arbitrary or unreasonable. nothing has been brought to our notice from which it could be inferred that the high court acted arbitrarily in granting the writ prayed for to the respondents.(b) in the decision reported in : air2003sc2120 harbanslal sahnia v. indian oil corporation ltd .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-20-2007
Reported in : 2008(227)ELT61(All)
..... authority for the reason that other party did not have opportunity to meet it and such a course would violate the principles of natural justice. vide new delhi municipal council v. state of punjab air 1997 sc 2841 similarly, in v.k. majotra v. union of india and ors. : air2003sc3909 , the apex court held as under:the courts ..... taking into consideration irrelevant documents.80. the instant case requires to be examined in the light of the aforesaid settled legal proposition. admittedly, assessee has a licence under the act 1940. it has submitted the price list, questionnaires, invoices from time to time. its classification has been approved provisionally and subsequently finally by the authorities concerned and had ..... not always be decisive of the question of construction. the administrative construction, i.e. the contemporaneous construction placed by administrative or executive officers responsible for execution of the act/rules etc. generally should be clearly wrong before it is over-turned. such a construction commonly referred to as practical construction although not controlling, is nevertheless entitled to ..... rise to this case are that the petitioner no. 1 claims that it manufactures ayurvedic medicines since 1986 after obtaining the licence under the drug and cosmetics act, 1940 hereinafter called 'the act 1940' and the rules framed thereunder, hereinafter called 'the rules'. in september, 1987, the officers of the central excise department conducted investigation in the process .....Tag this Judgment!