Court : guwahati
Decided on : Aug-05-2010
..... notice leveled three charges against him. the principal secretary, department of local government, state of punjab after hearing the incumbent passed order removing the appellant from the president ship of the municipality council of rajapura. as against the aforesaid order, while interpreting section 22 of the punjab municipal act, 1911, the hon'ble supreme court explained the meaning of the words 'abuse of powers' ..... appearing in section 22 of the act. therefore, i am of the considered view that the above decision ..... the municipal council and also why he would not be restrained from contesting elections of the ..... as president of the said municipality. here he had held the office for four months when he was served with a notice issued by the principal secretary, department of local government, state of punjab, requiring him to show cause as to why he would not be removed from the post of the president of the municipality and the membership(sic) of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-04-2010
..... act' and periphery act. it starts with non-obstante clause. thus, the municipal act may be applicable to an area governed by either the 'act' or periphery act, but still the aforesaid acts will have over-riding effect over the municipal act. the municipal act is subservient to the act and periphery act.25. though by virtue of punjab act no. 37 of 1957, certain provisions of punjab municipal act, 1911 ..... were extended to the area governed by the 'act ..... 07.1994. section 3 of the aforesaid act repealed punjab municipal act, 1911 in so far as it applied to union territory chandigarh. the punjab municipal corporation act, 1976 as amended by the central act, (for short 'the municipal act') was made applicable to the union territory of chandigarh. the relevant provisions of municipal act, as amended in its application to chandigarh ..... not affecting the substance as may be specified in the notification, all or any of the provisions of the punjab municipal act, 1911 as specified in the second schedule appended to this act. certain provisions of punjab municipal act, 1911 were made applicable to chandigarh. such second schedule has been amended from time to time.8. the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-09-2010
Reported in : (2010)158PLR793
..... appellate court wrongly drawn presumption without any evidence or pleading that map might have been submitted for sanction on 17.6.1982.13. sections 195 and 225 of the punjab municipal act, 1911 read as under:195. penalty for disobedience - should a building be begun, erected or re-erected-(a) without sanction as required by section 189(1); or(b ..... seems, no reply was submitted by the plaintiffs to the notice claiming their ownership over the land mentioned in the notice.16. section 172-a of the punjab municipal act, 1911 reads as under:section 172-a: punishment for encroachment upon land, premises or public place. - (1) whoever makes any encroachment, by raising a temporary or permanent ..... the plaintiffs on different dates, which were served on the plaintiffs. undisputedly, thereafter notice under section 220 of the punjab municipal act was also served to the plaintiffs.10. sections 189 and 193 of the punjab municipal act, 1911 are being reproduced as under:189. prohibition of building without sanction - (1) no person shall erect or re-erect or commence to erect ..... recorded clear cut finding of fact that plaintiffs have raised construction without getting the approval from the municipal committee as required under the punjab municipal act, 1911. learned trial court further observed that since construction were raised illegally without getting the site plan sanctioned and municipal committee is within its right to take the action against the plaintiffs, hence, no injunction could .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-02-2010
Reported in : (2010)158PLR475
..... on the touch stone of the powers conferred upon the state govt. and the deputy commissioner respectively under sections 236 and 232 of the punjab municipal act, 1911.8. the only ground on which the auction concluded in favour of the petitioner has been sought to be annulled is the communication dated 29 ..... on the basis of the letter dated 29.9.2005 the govt. decided to issue the show cause notice in exercise of provisions of the punjab municipal act, 1911.5. the petitioner has filed replication to both the replies reiterating the averments made in the writ petition.6. from the show cause notice ..... other highest bidders. it is, however, stated that the auction conducted by the municipal council was required to be approved by the govt. in terms of section 236(2) read with section 232 of the punjab municipal act, 1911. the municipal council has also referred to the show cause notice dated 14.3.2006 from ..... the govt. and it is stated that on the basis of the aforesaid show cause notice the municipal council vide its resolution no. 262 adopted on 26 ..... of the committee. this exercise of power by the deputy commissioner is further controlled by the conditions mentioned therein. under section 236 of the punjab municipal act the only power the state govt. is to see that the orders passed by the committee are in confirmity with law and the rules in .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-28-2010
..... may 2007 to future date strengthens the doubt that the real motive is to accommodate ineligible contractors.4. to appreciate the controversy involved in the petition, section 22 of the punjab municipal act, 1911 needs to be reproduced as under:22. resignation or removal of president and vice president. - whenever a president or vice-president vacates his seat or tenders in writing to the ..... stayed. he prays this primarily on the ground with regard to the interpretation given by the hon'ble supreme court of section 22 of the punjab municipal act, 1911 in the case of tarlochan dev sharma v. state of punjab 2001 (30) r.c.r. (civil) 809.the prayer made by the counsel for the petitioner is declined.however, the result of the election if ..... without any element of illmotive or malafide intention to gain wrongfully or to cause loss to the council will not amount to abuse of power under section 22 of the punjab muncipal act, 1911. hence order impugned can not be sustained in the eye of law.12. this court on 13.4.2010 has passed following order:notice of motion.mr. m.c ..... . berry, addl. a.g. punjab accepts notice on behalf of the respondents and prays for time to file reply and address arguments.counsel for the petitioner prays for stay of the impugned .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-26-2010
..... suit in accordance with law.allowed to do so. dismissed as withdrawn.6. the petitioner then issued notice under section 49 of the punjab municipal act, 1911 on 5.9.2006 and filed a suit for mandatory injunction with similar prayer as was made in the aforementioned civil writ petition. during ..... nature of mandamus directing the respondents to comply with the provisions of section 50-a and 50- b read with section 52 of the punjab municipal act, 1911.(b) issue a writ in the nature of mandamus directing the respondents to ensure the removal of unauthorized occupation from the government land - passage ..... a logical conclusion.9. on the other hand, learned counsel for private respondents has vehemently argued that the present application filed under the punjab public premises act, 1973 is not maintainable after the dismissal of the writ petition in which the same prayer was made because the said writ petition ..... defendant shall be at liberty to take possession in due course of law. it is, thus, submitted that the present application under the punjab public premises act, 1973 has been filed, which is in accordance with law for the purpose of removal of encroachment by the private respondents from the alleged ..... was contested by the present private respondents on various grounds but ultimately, learned collector amloh vide his order dated 25.9.2008 under the punjab premises act, 1973 concluded that in the wake of civil suits filed by both the sides, this case is required to be adjourned sine die .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-03-2010
Reported in : (2010)158PLR29
..... 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 appellants' land under the respective provisions ..... municipality bathinda : (1995-1) 109 p.l.r, 338.17. the learned counsel for the appellant referred to para 30 of the judgment in support of his contention, claiming compensation. para 30 of the judgment reads as under:30. as held above, the provisions of section 192(1)(c) of the punjab municipal act, 1911 ..... , no benefit can be taken by the appellant from the pronouncement of the judgment or on account of declaration that section 192 of the punjab municipal act was ultra vires constitution.21. the appellant was not entitled to any compensation for the acquired land, as under the law, then in force ..... learned counsel for the appellant. the reading of the judgment of the hon'ble supreme court shows that while declaring section 192 of the punjab municipal act to be ultra vires the constitution, in the judgment it was held that this would operate prospectively and not retrospectively.20. admittedly, the ..... under the town planning scheme of unbuilt area no. 2 part i, bathinda, and in view of the provisions of section 192 of the punjab municipal act, 25% of the area of the owners of the plot covered under the scheme could be acquired without paying any compensation.11. therefore, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-12-2010
Reported in : JT2010(1)SC591; 2010(1)SCALE260; (2010)2SCC319; 2010(2)LC581(SC)
..... nature of power of the government17. in tarlochan dev sharma v. state of punjab and ors. : (2001) 6 scc 260, this court while dealing with the removal of a president of the council under punjab municipal act of 1911, held in paragraph 6 as under:in a democracy governed by rule of law ..... single innocuous action or error of decision.the same consideration must be taken into account while interpreting section 41a of the act. the president under the m.p. municipalities act, 1961 is a democratically elected officer, and the removal of such an officer is an extreme step which must be resorted ..... 2004. on 15.09.2006, a show cause notice was issued to the appellant under section 41a of the madhya pradesh municipalities act, 1961 (hereinafter referred to as the 'act'). charge no. 1 leveled by the respondent against the appellant was that she has caused monetary loss to the panchayat by ..... 103 to 112, the resolution was passed. the same was entered in the proceedings register and duly signed by the appellant and the chief municipal officer. again on 27.12.2005, after discussing proposal nos. 113 to 150 the resolutions were passed. all those subjects were thoroughly discussed and ..... publishing advertisements for more than rs. 1500/-. in charge no. 2, it was alleged that the appellant had struck off her signature from the minutes dated 27.12.2005 and the then chief municipal .....Tag this Judgment!
Court : Madhya Pradesh Jabalpur
Decided on : Oct-14-2010
..... -a and what is the nature of power of the government? ""17. in tarlochan dev sharma v. state of punjab and ors. (2001) 6 scc 260, this court while dealing with the removal of a president of the council under punjab municipal act of 1911, held in paragraph 6 as under:"in a democracy governed by rule of law, once elected to an office in ..... been expressed by this court in the cases of bansmani (supra) and kaushalya bai (supra).17. the supreme court has also made similar observations while interpreting the provisions of the punjab municipal act in the case of bhagat ram patanga (supra) and the law laid down by the supreme court is applicable to the facts of the present case.18. it is clear ..... be shown exit for a single innocuous action or error of decision."the same consideration must be taken into account while interpreting section 41- a of the act. the president under the m.p. municipalities act, 1961 is a democratically elected officer, and the removal of such an officer is an extreme step which must be resorted to only in grave and exceptional ..... filed this petition being aggrieved by the order dated 19-8-2008 passed under the provisions of section 41 of m.p. municipal council act, 1961 (hereinafter referred to as the "act"), removing the petitioner from the post of president of municipal council, sehore. the petitioner has also assailed the order dated 22-8-2008 by which charge of the post of president of .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-05-2010
Reported in : 2010(112)BomLR127; 2010(172)LC1(Bombay)
..... in avinder singh's case. in that case, the validity of the tax on indian made foreign liquor was impeached. the state of punjab issued a notification under section 90(5) of the punjab municipal corporation act. the notification required the municipal corporation of ludhiana to impose tax on the sale of indian made foreign liquor at the rate of rs. 1/- per bottle. the ..... that the rules of international law are incorporated into national law and considered to be part of the national law, unless they are in conflict with an act of parliament. comity of nations or no municipal law must prevail in case of conflict.similar view has been taken by the supreme court in kuldip nayar v. union of india and ors. : air ..... international law even as nations respect international opinion. the comity of nations requires that rules of international law may be accommodated in the municipal law even without express legislative sanction provided they do not run into conflict with acts of parliament. but when they do run into such conflict, the sovereignty and the integrity of the republic and the supremacy of the ..... any part a state or part c state or part thereafter, but does not include any act of parliament of the united kingdom or any order in council, rule or other instrument made under such act.therefore, the argument that the impugned notifications do not constitute municipal or domestic law of india must be rejected.45. we shall now see what would be .....Tag this Judgment!