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Judgment Search Results Home > Cases Phrase: the punjab municipal corporation amendment act 2012 Page 1 of about 939 results (0.047 seconds)

Jul 11 2014 (HC)

Mr. Anil Kshetarpal Sr. Advocate with Mr. Aditya Vs.

Court : Punjab and Haryana

..... of retail liquor outlets located in the areas of municipal committees/municipal corporations/councils/housing boards or any other local authority/urban estates/the areas developed by the colonizers with the approval of the government) shall be located at a distance as stipulated in the punjab scheduled roads and controlled areas restriction of unregulated development act, 1963 (41 of 1963). . 9. the allotment of ..... . in compliance with the directions in pil, amended excise policy was formulated amending and incorporating various clauses as under:- 1.2.5 restriction of location on scheduled roads etc: (a) the retail liquor outlets on national highway/ state highways (except in case of retail liquor outlets located in the areas of municipal committees/municipal corporations/councils/housing boards or any other local authority/ ..... had framed excise policy for two years i.e. 2013-14 and 2014-15 when the matter was pending in pil in cwp no.25777 of 2012. the clause 2-b of the amended policy was incorporated whereby the licencee has been allowed to close down only the vends on the highways and not singh gurbax 2014.07.11 12:09 ..... has been issued relating to liquor vends on national or state highway alongwith liquor vends in rural area, the state shall not be entitled to enforce clause 2b of the amended policy against such licencees without their consent. as a consequence, such licencees shall not be obliged to continue with the vends in rural area against their express affirmative response. .....

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Mar 18 2014 (HC)

Arrive Safe Society of Chandigarh Vs. National Highway Authority of In ...

Court : Punjab and Haryana

..... out qua retail liquor outlets located in the municipal committees/municipal corporations/councils/housing boards, etc.as the provisions of the punjab scheduled roads and controlled areas restriction of kang gursharan singh 2014.03.19 15:36 i am the author of this document chandigarh civil writ petition no.25777 of 2012 (o&m) 5 unregulated development act, 1963 will not apply to the said areas ..... 'ble supreme court of india has not been successful. we have analysed the new policy, a copy of which has been placed on record by the state of haryana. the amendments made to the policy have been carried out in bold letters.the relevant clause for our purpose is para 1.2.5, which reads as under:- 1.2.5 restriction ..... court dated 17.12.2013, which was dismissed on 10.3.2014, and the application is allowed. cm3371of 2014 the petitioner has filed this application seeking a direction that the amendment to the liquor policy by incorporating clause 1.2.5 (b) does not serve the purpose and a new liquor policy ought to be framed. we are not inclined to ..... interpretation of the liquor policy as a whole, one way or the other. as far as state of punjab is concerned, it appears that the necessary affidavit has been filed in cwp11391of 2012. we have examined the same. it is pointed out that the only amendment required qua the issue raised before us is, once again, of making it applicable even for state .....

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Feb 18 2014 (HC)

Present:mr.Karan Nehra Advocate Vs. State of Punjab and Others

Court : Punjab and Haryana

..... i attest to the accuracy and integrity of this document high court, chandigarh cwp no.25108 of 2012 (o&m) 9 explanation.- (for the purpose of this section,- (1) the expression municipality . and the corporation . shall have the same meaning as assigned to them respectively, under the punjab municipal act, 1911 and the punjab municipal corporation act, 1976. (2) the expression social security fund . means a fund constituted under the ..... instrument contained in entry 23 of schedule 1-a (conveyance deeds).which are executed within the municipal corporation or class-1 municipalities or within the area of 5 kms.from the outer limits of the municipalities or corporation, which is so specified by the collector. the challenge to the amendment is basically relatable to violation of the article 14 of the constitution of india on the ..... collector, sangrur to the petitioner- company to appear before him on 15.04.2010 at 10 a.m.this notice was issued under section 47-a of the indian stamp (punjab amendment) act, 1982. it was admittedly received by the petitioner. the period of limitation, as prescribed under sub-section (3) of section 47-a of two years from the registration of an .....

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Oct 09 2013 (HC)

Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

..... this case, the court was examining a challenge to the unit area method of levying property taxes in delhi as were introduced by virtue of the delhi municipal corporation (amendment) act, 2003 as well as the delhi municipal corporation (property tax) bye-laws, 2004 and a prayer was made that both be declared as unconstitutional and void ab initio. the petitioner s challenge rested, inter alia ..... parliament whether prior or post in time. this has been reiterated by a constitution bench of nine judges w.p.(c)no.4770/2012 page 79 of 531 of this court in new delhi municipal council v. state of punjab and ors. air1997sc2847 wherein the court held that delhi legislative assembly is inferior to parliament in hierarchy.? 67. the power to legislate of ..... (amendment) act, 2012, the amendment act of 2012 is deemed to be still born and of no legal consequence and effect.141. on these aspects, another judicial precedent sheds further light. a notification was issued by the lieutenant governor of delhi on 28th june, 2000 specifying that it was issued in exercise of the powers conferred under sub-section 1 of section 19 of the punjab courts act ..... on it.130. we may first and foremost refer to the consideration of this w.p.(c)no.4770/2012 page 66 of 531 issue by the supreme court in the judgment reported at (1997) 7 scc339 new delhi municipal council v. state of punjab & others. this case was concerned with the issue as to whether the properties of the states situated in .....

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Oct 09 2013 (HC)

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

..... this case, the court was examining a challenge to the unit area method of levying property taxes in delhi as were introduced by virtue of the delhi municipal corporation (amendment) act, 2003 as well as the delhi municipal corporation (property tax) bye-laws, 2004 and a prayer was made that both be declared as unconstitutional and void ab initio. the petitioner s challenge rested, inter alia ..... parliament whether prior or post in time. this has been reiterated by a constitution bench of nine judges w.p.(c)no.4770/2012 page 79 of 531 of this court in new delhi municipal council v. state of punjab and ors. air1997sc2847 wherein the court held that delhi legislative assembly is inferior to parliament in hierarchy.? 67. the power to legislate of ..... (amendment) act, 2012, the amendment act of 2012 is deemed to be still born and of no legal consequence and effect.141. on these aspects, another judicial precedent sheds further light. a notification was issued by the lieutenant governor of delhi on 28th june, 2000 specifying that it was issued in exercise of the powers conferred under sub-section 1 of section 19 of the punjab courts act ..... on it.130. we may first and foremost refer to the consideration of this w.p.(c)no.4770/2012 page 66 of 531 issue by the supreme court in the judgment reported at (1997) 7 scc339 new delhi municipal council v. state of punjab & others. this case was concerned with the issue as to whether the properties of the states situated in .....

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Jan 29 2013 (HC)

M.Arumugam Vs. State of Tamil Nadu

Court : Chennai

..... ordinance seeks to give effect to the above decision." 6. on 16.11.2012, the amendment made through the ordinance was carried through under the amending act under the tamil nadu co-operative societies (third amendment) act, 2012 (act 37 of 2012). section 21(2)(i) was amended, whereby, the expression "or by the general body where there is no ..... to be read as disjunctive and the observance of either one or more need not be sequential. in the decision reported in (1980) 1 scc 15.(municipal corporation of delhi vs. tek chand bhatia), the apex court referred to stroud's judicial dictionary 3rd edition, vol.i at page 135, which reads as ..... as a body. pointing out to section 30 of the punjab cooperative societies act, which is similar to section 35 of the tamil nadu cooperative societies act, the supreme court observed that the registration of the cooperative society renders it a body corporate by the name under which it is registered, having ..... body for the purposes of administering the society. he also placed reliance on the decisions reported in air 196.sc 150.(roop chand vs. state of punjab), [2000] 118 stc 14.(j.c.budharaja vs. state of orissa and others) at paragraph 10, 2006-3-l.w. 546 (l.ramasubbu ..... .sc 96.(damyanthi v. union of india), which was distinguished by the decision reported in air 198.sc 97.(daman singh v. state of punjab), the supreme court pointed out that the rule would prevail over the bye laws of the society, which confined the membership to only persons belonging .....

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Apr 02 2014 (HC)

Yashbir Singh Vs. State of Haryana and Others

Court : Punjab and Haryana

..... in the areas of municipal committee/ municipal corporations/councils/housing boards or any other local authority/urban estates/the areas developed by the colonizers with the approval of the government) were required to be located at a distance as stipulated in the punjab scheduled roads and controlled areas restriction of unregulated development act, 1963. in pursuance ..... under articles 226/227 of the constitution of india, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the amended excise policy for the years 2013-15 (annexure p-9) and letter dated 21.3.2014 (annexure p- 11) whereby the liquor vend owners ..... -15, had amended the excise policy by incorporating clause 2b whereby an option was given to the liquor vend contractors to close down the liquor vends on the ..... their location. however, no option was granted for the other unaffected liquor vends due to the order passed by this court in cwp no.25777 of 2012. therefore, it was mandatory for the contractors to get the unaffected liquor vends renewed. the respondents issued a notice dated 21.3.2014 (annexure p ..... accordingly, the petitioner deposited the amount along with security. one arrive safe society filed a public interest litigation bearing cwp no.25777 of 2012 in which the state was directed to frame a fresh policy for the year 2014- 15. the state instead of framing a fresh policy of 2014 .....

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Aug 05 2013 (HC)

Building or Scheduled Building and/or Non Vs. Jaswinder Singh

Court : Punjab and Haryana

..... 's revision petition challenging the order dated 17.4.2012 whereby his prayer for leave to defend under section 18-a(4) and (5) of the east punjab urban rent restriction act, has been declined in a petition filed under section 13-b of the east punjab urban rent restriction act,1949 (for short the rent act .) by the rent controller, jalandhar. the respondent-landlord filed ..... surviving child of late sh. raghbir singh, inherited the said property after his death. the respondent-landlord also placed on record a copy of tsi description certificate issued by the municipal corporation, jalandhar in his favour with regard to demised premises. thus, on the basis of the aforesaid averments, it was claimed that the respondent was the exclusive owner of the property ..... interest in the above said property and further that the respondent-landlord does not fall within the definition of non-resident indian as envisaged in section 2(dd) of the amended act. it was further averred in the application that the respondent is not the son of sh. raghbir singh and thus, he was not entitled to file the present petition. however ..... that the respondent is an australian subject and is not a citizen of india and thus, does not fall within the meaning of section 2(dd) of the rent act as amended upto date. learned counsel for the petitioner has further argued that a foreign citizen holding a foreign passport cannot be called a non-resident indian because an nri is a .....

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Jul 29 2013 (HC)

Smt. Davinder Kaur Vs. Punjab and Sindh Bank and ors

Court : Delhi

..... are barred from even entertaining the suit. this court in g.c. sharma vs. m.c.d. manu/de/0179/1979, in the context of section 478 of the delhi municipal corporation act, 1957 also barring institution of the suit held that once the suit is found to be bared, no investigation into the facts is required to be done. once that is ..... customs (preventive), bombay (1988) 4 scc 402.the anant mills co. ltd. vs. state of gujarat (1975) 2 scc 17.and m/s. timpack pvt. ltd. vs. punjab national bank manu/de/5286/2012 (db) that a right of appeal is a statutory right and merely because the appeal is made subject to deposit is no ground for holding the same to ..... the act.19. the senior counsel for the appellant has also contended that the appeal under section 18 requires the appellant to deposit 50 ..... would have to pay the fee etc. and deposit the amount. however, that was the position prior to the amendment of the sarfaesi act, pursuant to the judgment in mardia chemicals ltd. vs. union of india (2004) 4 scc 31.now, after the amendment, the appellant would not be required to make any deposit or pay any substantial fee under section 17 of .....

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Sep 14 2017 (HC)

Central Bureau of Investigation vs.ram Pat Garg

Court : Delhi

..... commissioner, mcd is the disciplinary authority in relation to all municipal officers and other municipal employees and therefore he was competent to grant sanction for prosecution of the respondent. it was submitted that prior to the amendment in 1993, the disciplinary authority vested with the corporation and after the amendment, it now vests with the commissioner ..... 13 03.08.2012 by relying on judgment of delhi high court in g.s. matharoo v. cbi (crl. m.c. no.2695/2010 & crl. m.a. no.13999/10).6. the order impugned has been challenged on the ground that the learned special judge did not take into account that as per section 59(d) of the delhi municipal corporation act, 1957, the ..... /2012 page 1 of 13 19(1) of p.c. act was obtained on 20.11.2008 from shri k.s. mehra, ias, the then commissioner, mcd who in the opinion of the petitioner/cbi was competent to remove the respondent from service.3. since the challenge to the order impugned is primarily on the question of the competence of the commissioner, municipal corporation ..... . it has been submitted that in prakash singh badal v. state of punjab 2007 (1) scc1 it has been held that the effect of sub-section (3) and (4) of section 19 of the crl.rev.p.636/2012 page 3 of 13 act are of considerable significance. in sub-section (3), the stress is on 'failure of justice' and that too 'in .....

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