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Judgment Search Results Home > Cases Phrase: the punjab municipal fund amendment act 2012 Page 1 of about 899 results (0.070 seconds)

Feb 18 2014 (HC)

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

Court : Punjab and Haryana

..... , 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 punjab social security fund regulations, 2005 for providing financial ..... .03.2012 (annexure p-12).it is, at this stage, that the petitioner has approached this court challenging these two orders as well as the vires of the indian stamp (punjab amendment) act, 2005. counsel for the petitioner has asserted that the amendment act of the state of punjab to the extent it applies to the property falling within the municipal limits ..... karan nehra, advocate, for the petitioner. mr.j.s.puri, additional advocate general, punjab. augustine george masih, j. petitioner has challenged the amendment carried out by the state of punjab in the indian stamp act, 1899 in the indian stamp (punjab amendment) act, 2005 (hereinafter referred to as 'amendment act, 2005') notified on 16.05.2005 by which section 3-c was inserted after ..... 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 .....

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Oct 09 2013 (HC)

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

Court : Delhi

..... 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 ..... which was in force in the union territory of delhi. the question was as to whether the property taxation under two municipal acts, one being the delhi municipal corporation act, 1957 and the other being the punjab municipal act, 1911 both applicable in delhi, constituted union taxation or not. the issue of the legislative competence of the delhi legislature to legislate by virtue of ..... effected arbitrarily. if the obligation to ensure a sound judiciary rests on the state and the central government is w.p.(c)no.4770/2012 page 438 of 531 constitutionally mandated ensure adequate funds to the union territory, it would be difficult to accept the impugned enhancement of court fee to recover the costs being incurred on the ..... judicial conference of the united states in the ?long range plan suggested by it has unequivocally recognized federal courts as being the indispensable forum for protecting rights which should obtain funding primarily through general appropriations, and not through ?user fees . in this regard, the jcus has stated thus: ?federal courts are an indispensable forum for the protection of .....

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Oct 09 2013 (HC)

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

Court : Delhi

..... 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 ..... which was in force in the union territory of delhi. the question was as to whether the property taxation under two municipal acts, one being the delhi municipal corporation act, 1957 and the other being the punjab municipal act, 1911 both applicable in delhi, constituted union taxation or not. the issue of the legislative competence of the delhi legislature to legislate by virtue of ..... effected arbitrarily. if the obligation to ensure a sound judiciary rests on the state and the central government is w.p.(c)no.4770/2012 page 438 of 531 constitutionally mandated ensure adequate funds to the union territory, it would be difficult to accept the impugned enhancement of court fee to recover the costs being incurred on the ..... judicial conference of the united states in the ?long range plan suggested by it has unequivocally recognized federal courts as being the indispensable forum for protecting rights which should obtain funding primarily through general appropriations, and not through ?user fees . in this regard, the jcus has stated thus: ?federal courts are an indispensable forum for the protection of .....

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Jul 29 2013 (HC)

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

Court : Delhi

..... 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 ..... 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 ..... decree of dismissal of the suit.2. the appellant filed the plaint seeking the relief of permanent injunction restraining, (i) the respondent no.1/defendant no.1 punjab & sindh bank, (ii) the respondent no.2/defendant no.2 mr. sandeep dahiya, advocate appointed as a court receiver in a proceeding under section 14 ..... /2013 (for stay) smt. davinder kaur through: ..... appellant mr. sanjay jain, sr. adv. with mr. jayant tripathi, mr. sarfaraz ahmad and ms. ruchi jain, advocates. versus punjab & sindh bank & ors ..... respondents through: mr. pratap singh, adv. for r-1. mr. sandeep dahiya, adv. for r-2. coram: hon'ble mr. justice rajiv sahai ..... trade manu/tn/1572/2012.18. the senior counsel for the appellant has then sought to argue that section 17 of the act is not an appropriate remedy as the appellant 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 .....

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Oct 06 1994 (HC)

Keshwa Nand, Municipal Commissioner and ors. Vs. Tejwant Singh and ors ...

Court : Punjab and Haryana

Reported in : (1995)109PLR162

..... purpose a second meeting was held and co-options were made.'8. insofar as the second and last contention of the learned counsel for the appellants that in view of punjab municipal (amendment) act, 1994, vice which sections 12 a to 12-e dealing with the co-options have been repealed and, therefore, as on today there is no provision of co-option, the ..... now in the amended act for co-option, the directions issued by the learned single judge can not possibly be complied with.6. we have given our anxious thought ..... findings of the learned single judge on that count as well. added to this, a new plea has become available to the appellants during the pendency of the appeal. the punjab municipal (amendment) act, 1994 which came into force w.e.f. june 1, 1994, has repealed section 12-a, 12-b, 12-c, 12-d and 12-e which provisions alone envisage co ..... this court in gurtej singh v. the punjab state and ors., (1976)78 p.l.r. 837. as mentioned in the earlier part of the judgment, the second contention of the learned counsel appearing for the appellants is that in view of repealing of sections 12-a to 12-e of 1911 act by virtue of punjab municipal (amendment) act, 1994 and there being no provision .....

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Apr 08 2005 (HC)

Sardar Jagat Singh and anr., Vs. New Delhi Municipal Council and ors.

Court : Delhi

Reported in : 120(2005)DLT283; 2005(82)DRJ327

..... .25. the respondents have also brought to the notice of this court the gazette notification in respect of the punjab municipal (new delhi amendment) act, 1984, which came into effect on 27.05.1984. section 195(1)(b) of the pm act was amended. in terms of the amendment, the requirement for issuance of notice within six months of completion of the building for action to be ..... by the committee until claimed at the risk of the person entitled thereto and if no claims is made within two years the committee may credit the amount to the municipal fund.explanation. - for the purposes of this section 'movable encroachment' includes a seat or settee and 'movable overhanging structure' includes an awning of any material.it was, thus, submitted that this ..... stated to define 'public street', which is as under:3. definitions - in this act, unless there is something repugnant in the subject or context -(13) (b) public street shall mean any street - (i) heretofore leveled, paved, metalled, channelled, sewered, or repaired out of municipal or other public funds, unless before such work as carried out there was an arrangement with the proprietor that ..... relevant provision is as under:416. repeal and savings - (1) as from the date of the establishment of the council, the punjab municipal act, 1911, (punjab act 3 of 1911) as applicable to new delhi, shall cease to have effect within new delhi.(2) notwithstanding the provisions of sub-section (1) of this section -(a) any appointment, .....

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Feb 01 1995 (HC)

Jit Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (1996)113PLR164

..... (1) had it not been so dissolved.'13. in exercise of the powers vested in it, the punjab legislative assembly enacted the punjab municipal (amendment) act of 1994 and thereby drastically amended various provisions of act of 1911, section 3(8b) of the act defines 'municipal council', section 3(8c) defines 'municipal area' and section 3(9b) defines the-term 'newly constituted committee'. section 4, 8, 12 and ..... is less than, six months, it shall not be necessary to hold any election under clause (b) for constituting the municipality for such period.(4) the first election to a municipality constituted under this act after the commencement of the punjab municipal (amendment) act 11, 1994, shall be held within a period of six months of its being notified as such.(5) elections to the ..... the requisition submitted by the petitioners. in view of this peculiar fact, it is not possible to uphold the contention of shri jain that the provisions of the punjab municipal (amendment) act, 1994, should be ignored for the purpose of considering the legality of the no-confidence motion.8. second contention of shri jain is tat even if the ..... divisional officer has illegally observed that 7 members had voted against the no-confidence, motion. according to the petitioners, three co-opted members of the municipal committee ceased to hold office with the amendment of the punjab municipal act, 1911 and, therefore, they had no right to cast their votes in the meeting held on 6,6.1994 and if their votes are .....

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Apr 29 2002 (HC)

Mathura Dass and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR2003P& H59

..... 2001, the interim stay order was vacated. 11. on 1st december, 2001, the state promulgated ordinance nos.9 and 10 of 2001 so as to amend the provisions of the punjab municipal act, 1911 and the punjab municipal corporation act, 1976. in a nutshell, it was provided that 'with effect from the commencement of this ordinance, no octroi shall be leviable except on electricity.' ..... their right to tax given to them under the amendment of the constitution. the amendment is even violative of the provisions of the municipal corporation act, 1976. the impugned act is a colourable exercise of power.' there is no justification for abolition of octroi. parties in power need funds to contest elections. the act seems to help the financiers of the ruling alliance. ..... when the traders are saved from payment of octroi, they 'can reciprocate' and help 'in collecting at least some of the funds for elections.' on promulgation of the act, the development works have been stopped. the municipal bodies 'fund it hard to pay the salaries of the employees.' thus, the petitioner maintains that the impugned legislation is invalid and unconstitutional. ..... the implementation of development schemes; (i) provide for the sound finance of the nagarpalikas by securing authorisation from state legislatures grant-in-aid to the nagarpalikas from the consolidated fund of the state as also assignment to, or appropriation by, the nagarpalikas of the revenues of designated taxes, duties, tolls and fees; (k) provide for a finance .....

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Sep 12 1969 (SC)

Municipal Committee, Amritsar and ors. Vs. the State of Punjab and anr ...

Court : Supreme Court of India

Reported in : AIR1970SC2182; (1969)2SCC823; [1970]2SCR375

..... 1) of section 52 of the punjab municipal act is void and wholly ineffective for the reasons which will be presently noticed.13. chapter iv of the punjab municipal act relates to municipal fund and property. section 51 deals with the constitution of the municipal fund. section 52 provides for the application of the fund. before the amendment made by the act sub-section (1) had six ..... local authority under section 5, the punjab municipal act, 1911, and the punjab district boards act, 1883, shall be deemed to have been amended in the manner specified in the schedule appended to this act with effect from the 1st october, 1957.section 52(1) of the punjab municipal act relates to the setting apart of the municipal funds and apply the same for different ..... clauses containing the provisions for the application of the fund. it is noteworthy that although the state ..... section 5. then the provisions relating to acquisition of property of the committee as also of its funds by way of contribution come immediately into operation by virtue of the amendments effected in sections 52(1) and 59 of the punjab municipal act. these provisions are clearly unconstitutional as they contravene article 31(2) of the constitution.16. .....

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Aug 01 1975 (HC)

New Delhi Municipal Committee Vs. the State of Andhra Pradesh

Court : Delhi

Reported in : AIR1976Delhi1

..... the proceeds may go or the entity to which the funds are ultimately allocated was wholly irrelevant for the determination of the question as to whether a particular tax was part of union taxation, hat tax on property livable in the union territory of delhi by virtue of the provisions of the punjab municipal act, as extended to delhi, though relating to a matter ..... question, whether the expression 'state' in clause (4) of article 246 of the constitution of india included the union territory of delhi, we found that prior to its amendment by the constitution (seventh amendment) act, 1956, clause (4) of article 246 of the constitution of india empowered parliament to make laws with respect to any matter for any part of the territory of ..... management of advance insurance co. ltd. v. gurudasmal, : [1970]3scr881 and shiv kirpal singh v. v. v. giri, : [1971]2scr197 on the question if the amended definition of the expression 'state' in the general clauses act would apply to the interpretation of the constitution of india not withstanding that article 367 of the constitution of india permitted the use of the general ..... .10. on behalf of the committee it was, however, contended that the decision of the supreme court in re: the bill to amend section 20, of the sea customs act, 1878 and section 3 of the central excises and salt act. 1944, : [1964]3scr787 even while containing weighty observations which could support the conclusion arrived at by us on the principal question did .....

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