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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 2008 Page 1 of about 432 results (0.087 seconds)

Sep 18 2008 (HC)

SalahuddIn Qureshi Vs. Ndmc

Court : Delhi

Decided on : Sep-18-2008

Reported in : 153(2008)DLT771; 2008(106)DRJ627

..... parliament for proper organization and functioning of the new delhi municipal council. consequent upon enforcement of constitution (seventy fourth amendment) act, several provisions in punjab municipal act, 1911 had to be brought in tune with part ixa of the constitution before 31st may, 1994.... the following are the more important objectives of ..... of the aforesaid contention, it is necessary to take limited note of the transition of the relevant law. earlier it was the punjab municipal act 1911, which was made applicable to new delhi. the new delhi area was being administered by the new delhi municipal committee (the ndmc) under the punjab municipal act 1911. chapter ix a was introduced into the constitution of india by the constitution (74th amendment ..... to replace the ordinance through which ndmc area has been provided a new law for its local self governance. the new delhi municipal committee was constituted under the punjab municipal act, 1911 which has become an archaic piece of legislation. the committee on the reorganisation of delhi set-up had recommended that a fresh law governing ndmc should be passed by the .....

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Nov 12 2008 (HC)

H.K. Choudhary Vs. N.D.M.C. and anr.

Court : Delhi

Decided on : Nov-12-2008

Reported in : 155(2008)DLT267

..... rights and obligations inherited by the mcd from the earlier existing municipal committee, which was governed by the punjab municipal act, and held that the mcd would be bound by a liability incurred by the erstwhile municipality by virtue of section 516 of the dmc act. the court examined section 195 of the punjab municipal act, 1911 which reads as follows:195. penalty for disobedience:should a ..... area in question until the delhi municipal corporation act, 1957 came into force on 9.4.1958. the corporation placed reliance on section 343 of the delhi municipal corporation act to urge that the corporation could issue a notice of demolition at any time ..... without a sanction. the municipal corporation of delhi served a notice of demolition of the premises. the respondent preferred a suit for permanent injunction against the threatened demolition. in second appeal that came before the court the question arose whether the mcd was entitled in law to issue a notice of demolition. the punjab municipal act, 1911 was applicable in the ..... the occupants of the premises.5. mr. sethi submits that the construction is old, raised even prior to coming into force of the new delhi municipal council act, 1994 and when the punjab municipal act was in force. even if it were to be assumed that the construction originally raised was without obtaining a prior sanction, the construction is saved by .....

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Jun 12 2008 (HC)

Mrs. Swaran Lata JaIn and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jun-12-2008

Reported in : (2008)152PLR577

..... me-2008/575 dated 12th june, 2008 annexure p-4, alongwith die elections being held in 95 other municipal councils/nagar panchayats in the state of punjab, in accordance with the provisions of the punjab state election commission act, 1994 as well as the punjab municipal act, 1911.(ii) issue a writ in the nature of mandamus directing the respondent no. 2 to hold the elections ..... to the municipal council, moga alongwith other 95 municipalities/nagar panchayats in the state of punjab scheduled to be held on 30 ..... that five years' tenure of the municipal council, moga expired on 21.3.2008. the municipal council has 31 wards in all. the process for election to constitute a municipality is required to be completed before the expiry of ..... wards in the last election of the municipal council held on 9.3.2003. petitioner no. 1 has served as acting president. the tenure of the municipal council is five years in terms of article 243-u of the constitution of india read with section 13 of the punjab municipal act, 1911 (hereinafter referred to as 'the act'). it is common case of the parties .....

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Nov 26 2008 (HC)

Harbans Lal Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Nov-26-2008

Reported in : AIR2009P& H76; (2009)153PLR69

..... .1. (1) whether under section 24(2) of the punjab municipal act, 1911 (hereinafter referred to as' 'the act'), the government can decline to notify in the official gazette the election of president of a municipal councilor, who has been declared elected as such in the first meeting of the municipal council, convened under rule 3 of the punjab municipal (president and vice-president) election rules, 1994 (hereinafter referred ..... to as 'the 1994 rules') read with section 20 of the act, on the ground that quorum of the said meeting was not 'complete and the president elect, being a scheduled caste ..... under any other law for the time being in force, subsequent to his election as member of the municipality. the supreme court in state of punjab v. bhajan singh (supra), while explaining the scope of section 24(2) of the act held that the state government does not have an unbridled power or option to notify or not to notify the election of ..... , vide order dated 14.8.2008 (annexure p-2), the government, after having the advise of the advocate general, punjab, declined to notify the name of the petitioner as president of the municipal council, sangrur, in the official gazette under section 24(2) of the act, on the ground that the quorum of the first meeting, as required under section 27 of the .....

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Sep 04 2008 (HC)

Gram Panchayat Bassi Sekhan Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Sep-04-2008

Reported in : (2009)153PLR252

..... , banur. it is stated that the state government had earlier issued a draft notification under section 5(2) of the punjab municipal act, 1911 (for short 'the act') on 1.4.1998 vide which the municipal limits of municipal council, banur were proposed to be extended whereby the area of the gram panchayat was sought to be included. petitioner-gram panchayat and other effected persons ..... in the reported case, their lordships of the honble supreme court considered the nature of the power exercised by the state government under sections 3 and 4 of the punjab gram panchayat act, 1952, providing for establishment of gram sabha areas and constitution of gram sabhas. relying upon principles of law enunciated in earlier decision reported as rameshchandra kachardas porwal and ..... publication.9. it is discernible from a conjoint reading of sub-section (1) and sections 4 and 5 of the act that the state government, at any time, can extend the municipal limits of a municipality, after consultation with the concerned municipality, by taking into consideration certain illustrative factors like population and density of area to be included or excluded, continuity with the ..... 7. on the other hand learned counsel for the respondents have argued that the factors provided in sub-section (1) of section 4 of the act have been duly considered while deciding to extend the municipal limits and due process of law was followed and therefore the impugned notification and order (annexures p/2 and p-2) are valid.8. .....

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Mar 19 2008 (HC)

Municipal Committee Vs. Satish Chander Narang and anr.

Court : Punjab and Haryana

Decided on : Mar-19-2008

Reported in : (2008)152PLR434

..... did not have the jurisdiction to levy water tax after the deletion of specific entry to that effect from section 61 of the punjab municipal act, 1911 (for short, 'the act'). even reliance on the provisions of section 61(2) of the act was also considered and rejected. it was not disputed by learned counsels appearing for the parties that the division bench judgment in khalsa ..... wherein it was held as under:1. the question for determination before the high court was whether municipal committee, abohar, had the jurisdiction to impose water tax, in the municipal area, under section 61 of the punjab municipal act, 1911 (the act). following its earlier judgment in khalsa shoe co. v. municipal committee, ambala city, the high court answered the question in the negative and against the appellant ..... statute it is permissible to a court to take into consideration the history of the legislation. section 61 of the punjab municipal act, 1911, noticed above clearly shows that the legislature had made an express provision for the imposition of water tax. when the act was amended in the year 1923, the legislature expressly repealed this provision. in this situation, it cannot be said that .....

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Apr 03 2008 (HC)

Satya Devi and ors. Vs. Municipal Committee and anr.

Court : Punjab and Haryana

Decided on : Apr-03-2008

Reported in : (2008)152PLR466

..... supreme court read as under:13. as held above, the provisions of section 192(1)(c) of the punjab municipal act, 1911 and of section 203(1)(c) of the haryana municipal act, 1973 are violative of article 14 of the constitution. hence the acquisitions of the appellant's land under the respective ..... air1994sc2550 . in the said case, the hon'ble supreme court quashed provisions of section 192(1)(c) of the punjab municipal act, 1911 and the corresponding provisions of section 203(1)(c) of the haryana municipal act, 1973, being violative of the article 14 of the constitution of india. the relevant observations of the hon'ble ..... of the respondents in taking over entire plot area of the petitioners is thus itself illegal unwarranted and violative of section 192(c) of the punjab municipal act. it is also admitted case that the petitioners have not been paid any compensation. under section 192, plot area of an owner upto 25 ..... comprised in the scheme which means that almost 100% of the plot of the petitioners is being taken away. section 192(c) of the punjab municipal act clearly imposes restrictions on the inclusion of more than 35% of the land, of and owner for the scheme and not more than 25% ..... and published in government gazette.4. the entire case of the petitioners is based upon the alleged violation of provisions of section 192 of the punjab municipal act which reads as under:192. building scheme: (1) the committee may and if so required by the deputy commissioner shall, within six months .....

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Dec 23 2008 (HC)

Food Corporation of India Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Dec-23-2008

Reported in : (2009)154PLR322

..... storage depots at guru harsahai, district ferozepur, on which it is liable to pay the house tax under the provisions of the punjab municipal act, 1911 (hereinafter referred to as 'the act'). prior to 1.4.1998, the annual rental value of the said godown was assessed and an amount of rs. 60, ..... rent paid by the petitioner etc. on 23.05.1998. on the basis of information supplied by petitioner, the municipal council had issued notice of assessment as provided under the punjab municipal act, 1911 informing him that it is proposed to enhance the rent amount from rs. 60,000/- to rs. 2,91, ..... 600/-. the petitioner was heard and his objection was duly considered. on the basis of the documents on record, the municipal council on 16th july, ..... writ petition bearing cwps no. 21628 and 21641 of 2008, challenging the order of assessment of house tax dated 16.7.1998, passed by the municipal council, guru harsahai; the order dated 22.8.2006, passed by the additional deputy commissioner, ferozepur, as appellate authority; as well as the ..... irregularity or error in the impugned order of additional deputy commissioner, ferozepur or in the order of assessment passed by municipal council, guru harsahai on 16th july, 1998. the municipal council has finalized the assessment by following the due procedure and effective opportunity was also given to the petitioner to .....

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Oct 03 2008 (HC)

Om Parkash and ors. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : Oct-03-2008

Reported in : AIR2009P& H40; (2009)153PLR267

..... presidents of municipalities i.e. 5% for scheduled castes, 5% for women and 2% for backward classes, by ..... provision for reservation of seats in any municipality or offices of chairpersons in the municipalities in favour of backward class of citizens.with a view to give effect to the above said amendment of the constitution, the punjab state legislature incorporated section 8-a in the punjab municipal act, 1911 (hereinafter referred to as 'the municipal act), providing reservation for the offices of ..... rotation. section 8-a of the municipal act is being re-produced below for ready reference:8-a. reservation of ..... the state government, in exercise of the powers conferred under section 240 of the municipalities act, framed the rules of 1994. in these rules, the total municipalities in the state of punjab has been divided in 4 categories i.e. classes i, ii and iii municipalities and nagar panchayats, keeping in view the state government notification dated 16.7. .....

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Mar 17 2008 (HC)

Rakesh Sharma Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Mar-17-2008

Reported in : (2009)154PLR533

..... act') on the basis of 2001 census figure. as per said notification, the population of nangal, as per 2001 census, was found to be 40694 with 19 ..... that vide notification dated 18.06.2004, the state government determined the total number of elected members under sub-section (3) of section 12 of the punjab municipal act, 1911 (hereinafter to be referred as 'the ..... for 17 wards. the petitioner did not contest the election. it is the case of the petitioner that elections to municipal council, nangal, are due in november, 2005 but the state of punjab has decided to increase the number of wards of municipal council, nangal, from 17 to 19. it is the case of the petitioner that, as per census of 2001 ..... received by it before the date so specified; and(d) thereafter, by order, determine the delimitation of wards of the municipality.7. we have heard learned counsel for the parties. mr. h.s. sidhu, learned additional advocate general, punjab, produced the record pertaining to the consideration of objections and the publication of notification of delimitation of wards. the record shows .....

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