Court : Supreme Court of India
Reported in : AIR2008SC563; 2008(1)ALLMR(SC)446; 2007(4)AWC4127(SC); (SCSuppl)2008(1)CHN33; 2008(1)MhLj508; 2007(12)SCALE1; (2007)8SCC751; 2007AIRSCW7575
..... matter relating to payment of property tax is governed by the tamil nadu district municipalities act (tamil nadu act v of 1920) (for the sake of brevity, hereinafter called and referred to as 'the 1920 act'). 4. with a view to enforce a statutory charge as laid down in the 1920 act, the municipality filed a suit, which was marked as o.s. no ..... the plaintiffs-respondents had not claimed any relief against the municipality. the municipality's right to realise the amount of property tax together with interest, if any, is not in dispute. although the liability of venugopal in terms of the 1920 act to pay the property tax continued, it has been accepted ..... the liability of the vendee to pay the property tax arises only from the date of sale. however, sections 85 and 88 of the 1920 act provide that in the event, the factum of sale is not communicated, the liability of the vendor shall continue. consequently a statutory charge is ..... commission of fraud as alleged by the plaintiff either on the part of the municipality or on the part of the appellants and his predecessors, would not render the auction sale void.(v) had the municipality been impleaded as a party, it could have shown that no fraud had been ..... . [see lachhman dass v. jagat ram and ors. : (2007)10scc448 ]. they have purchased the property with notice, apart from the fact that the transfer made in their favour was hit by section 52 of the transfer of property act. the decree obtained by the municipality had been passed under order .....Tag this Judgment!
Court : Chennai
Reported in : (2008)2MLJ1025
..... to those buildings which have been constructed beyond ground and first floor in violation of the provisions of chapter x-a of the tamil nadu district municipalities act (v of 1920) which governs and regulates constructions in hill stations and with reference to which the district collector failed to furnish the details before this court.6. while making his submissions, the petitioner placed reliance upon the provisions contained ..... taking necessary legal action for demolition of all illegal and unauthorised constructions built in violation of section 217-b of the tamil nadu district municipalities act, 1920 and the town and country planning act, 1971 in four taluks, namely, ooty, gudalur, kothagiri and coonur of nilgiris district.2. in m.p. nos. 1 and 2 of 2007 in w.p. no. 32855 of 2007, the petitioner seeks for ..... in chapter x-a of the district municipalities act as well as the tamil nadu district municipalities (hill stations) buildings rules, 1993, apart from relying upon the decisions of the division .....Tag this Judgment!
Court : Chennai
Reported in : (2007)6MLJ533
..... of filing of the writ petition. untill the salem corporation was formed, they were employed in the salem municipality. the post of junior assistant in the municipal service are covered under the tamil nadu municipal services rules, 1970, framed under the tamil nadu district municipalities act, 1920.(b) under rule 5 of the tamil nadu municipal services rules, 1970 (hereinafter referred as the rules), for promotion to the post of assistant, the candidates ..... relevant or the date of joining in the service is relevant for the purpose of preparing the panel for promotion to the higher post.10. admittedly rule 25 of the tamil nadu municipal service rules, 1970 is applicable for preparing the panel for promotion. rule 25 reads as follows,25. seniority:- the seniority of a person appointed to any class or ..... qualifications on the date of drawing of the panel is the criteria for preparation of the panel. the learned counsel also submitted that as per rule 26 of the tamil nadu municipal service rules, 1970, promotions are to be made to a class or category of service on the ground of merit and ability and seniority is taken into account only ..... learned counsel appearing for the appellants, who are respondents 5, 6 and 8 in the writ petition, submitted that g.o.ms. no. 237 ma&ws; department, dated 26.9.1996 is in consonance with the general rules relating to the government service, particularly rule 25 of the tamil nadu municipal service rules and therefore even in the absence of the government .....Tag this Judgment!
Court : Chennai Madurai
..... under section 8." ***** ***** ***** ***** "section 2(16):"local authority" means - (i) any municipal corporation established under any law for the time being in force; or (ii) any municipal council constituted under the tamil nadu district municipalities act, 1920 (tamil nadu act v of 1920); or (iii) any district panchayat or any panchayat union council or any village panchayat constituted under the tamil nadu panchayats act, 1994 (tamil nadu act 21 of 1994);" ***** ***** ***** ***** "section 2(21): "state highways authority" means the ..... officer appointed under sub-section (1) of section 5;" ***** ***** ***** ***** "section 3: declaration of roads, ways or lands ..... provisions of section 61 of the tamil nadu district municipalities act, 1920 and section 3 of tamil nadu highways act, 2001. 16.8. according to him, the state government, in the absence of concurrence of the municipality for taking over a road, cannot permanently take over the same as it is contrary to the provisions of sections 61 and 61a in chapter v of the tamil nadu district municipalities act, 1920. 16.9. the road in .....Tag this Judgment!
Court : Chennai
Reported in : (1992)1MLJ462
..... dated 11.2.1991 filed under sections 191 to 208of the district municipalities act v of 1920.3. the short facts are:on 11.1.1991, applications were made for building licences enclosing necessary plans for sanction under the district municipalities act v of 1920 (hereinafter referred to as tamil nadu act v of 1920). it is alleged in the affidavit that the respondent treated it ..... as an application for permission for putting up buildings under section 48 of the tamil nadu town and country planning act, 1971 (hereinafter referred to as the tamil nadu act 35 of 1972) and on ..... contentions of both parties, it is necessary to refer to certain provisions of the district municipalities act v of 1920 and town and country planning act, 1971. chapter iii of act, provides for the planning areas, planning authorities and plan. section 17 of the act provides for master plan and section 2-c provides for contents of detailed development plan ..... have effect notwithstanding anything inconsistent therewith contained in any other law, custom, usage or contract...chapter x of the tamil nadu municipalities act, 1920 (act v of 1920) provides for building regulations. section 192 of the act v of 1920 reads as follows:.building site and construction or reconstruction of buildings: no piece of land shall be used as a site .....Tag this Judgment!
Court : Chennai
Reported in : (1982)2MLJ191
..... that had been framed at the time of admission of this appeal was whether the courts below have properly construed the provisions of section 82 of the tamil nadu district municipalities act (v of 1920). section 82 of the said act reads as follows:82(1) every building shall be assessed together with its site and other adjacent premises occupied as an appurtenance thereto unless the owner of ..... with 'finance rules'. as many as thirty-six rules are in existence under the 'taxation rules' in part i of schedule iv of the act. rule (6) in part i of schedule iv to the tamil nadu district municipalities act (v of 1920) under the heading 'assessment of the property tax' states that the value of any land or building for purposes of the property tax shall be ..... assessment of the value of the building, which is the subject-matter of assessment, imbedded under the provisions of the tamil nadu district municipalities act, 1920.2. i have carefully gone though the entire judgment reported in guntur municipal council v. rate-payers' association : 2scr423 , and it is not an authority for the contention now raised, on behalf of the appellant herein, about the failure to apply .....Tag this Judgment!
Court : Chennai
Reported in : (2009)8MLJ1441
..... do so.(ii) (2008) 2 mlj 649 (k.r. abirami v. kumbakonam municipality). in the said decision, it has been laid down that an enhancement of property tax by the municipality in a general revision without complying with rule 9 of the taxation rules, schedule iv to tamil nadu district municipalities act (5 of 1920), without issuing a public notice and inviting objection is non est in ..... law. a suit challenging the assessment to property tax is maintainable in a civil court if it did not in substance and in effect comply with the provisions of the act.(iii) (2006) 148 stc 419 (mad) ..... was levied by the defendant as per rule 14(2) of the taxation and finance rules framed under the tamil nadu district municipalities act, 1920 (hereinafter referred to as 'the act'). the defendant enhanced the property tax as per the circular issued by the commissioner of municipal administration in r.o.c.no.60572/98 rd dated 08.01.1999. the plaintiff preferred an appeal ..... defendant before 01.10.1998 as per rule 14(2) of the taxation and finance rules framed under the tamil nadu district municipalities act, 1920 (hereinafter referred to as 'the act'). the defendant enhanced the property tax as per the circular issued by the commissioner of municipal administration in r.o.c. no. 60572/98 r1 dated 08.01.1999. the plaintiff preferred an appeal .....Tag this Judgment!
Court : Chennai
Reported in : AIR1986Mad264
..... to the installation of the statue. the second is that all public streets in the municipality, with the pavements, stones and other materials thereof vest in the municipality under s. 61 of the tamil nadu district municipalities act 5 of 1920, hereinafter referred to as 'the act' and in the absence of withdrawal of such vesting by the second respondent, from the ..... control of the municipality, the resolutions of the municipal council must stand and govern. ancillary to this submission, there ..... was. an argument that there is a power reserved for the first respondent to rescind the resolution of the municipal ..... nature of the right, title and interest vested in respect of public streets in a municipal council under the madras district municipalities act (act iv of 1984) as amended by act iii of 1887 even as early as 1901 in s. sundaram ayyar v. municipal council of madura and the secretary of state for india in council. (1902) ilr .....Tag this Judgment!
Court : Chennai
Reported in : (1983)2MLJ392
..... . can now look into the relevant provisions in the tamil nadu entertainments tax act, 1939.30. section 3(6)(a) of the act defines 'local authority' as meaning(a) the municipal corporation of madras, or of madurai;(b) a municipal council constituted under the tamil nadu district municipalities act (v of 1920)...(c) a panchayat union council or a panchayat constituted under the tamil nadu panchayats act (xxxv of 1958).section 4 is the charging section ..... wherein the rates of tax are given. the table (given under section 5-a sets out the tax on shows held ..... in certain theatres. section 5-b reads as follows:5 (b). option, to .....Tag this Judgment!
Court : Chennai
..... or the tamil nadu panchayats act 35 of 1958.10. the contention of the learned counsel ..... of 1920 ..... municipal corporation act 15 of 1971, the coimbatore city municipal corporation act 25 of 1981 or under any law for the time being in force, constituting any other municipal corporation or under the tamil nadu district municipalities act 9 of 1940, the courtallam township act 16 of 1954, the bhavanisagar township act 15 of 1954 and includes any functionary who is vested with the general executive powers of township constituted under the tamil nadu district municipalities act, 5 .....Tag this Judgment!