Court : Allahabad
Reported in : 2001(1)AWC732; (2001)1UPLBEC420
..... held as aforesaid and also having dealt with the allied arguments, the hon'ble apex court recorded following conclusions :'(a) the property taxes levied by and under the punjab municipal act, 1911, the new delhi municipal corporation act, 1994 and the delhi municipal corporation act, 1957, constitute 'union taxation' within the meaning of clause (1) of article 289 of the constitution of india. ..... act are or can be deemed to be enactments within the meaning of clause (2) of the delhi municipal corporation act and ..... omission cannot be said to be unintentional-particularly in the case of delhi municipal corporation act and n.d.m.c. ..... delhi municipal corporation act and ..... in paragraph 12 of the writ petition, it has been stated that the case of ranchi municipal corporation (supra) lays down that the municipality had no right to demand service charges from the government of india and while holding so it has followed the earlier decision in puma municipal committee (supra) and a copy of the judgment of the hon'ble supreme court has been annexed as ..... was laid by sri agarwal on the decisions of the hon'ble supreme court in ranchi municipal corporation and the following paragraph was highlighted :'the controversy is no longer res integra. ..... it is undoubtedly true that the two decisions one in purna municipal council, and other in ranchi municipal corporation noted above, dealt with the matters taken up by the union of india to the apex court relating to demand which were said to be taxes and .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC51; (1999)3UPLBEC2391
..... municipal corporations act, 1959 and the law decided in the case decided by the full bench as reported in ram adhar singfi v. ..... municipal corporation act.' 11. ..... municipal corporation act. ..... municipal corporation act. ..... (e) because the election of up nagar pramukh is he at an election meeting of the corporation and being a meeting the nominating members have no right to cast their votes. ..... 1 is illegal on the following grounds : (a) because the act of the respondent nos. ..... 1994 (2) scc 579.8. ..... (c) because the conferment of voting rights on the nominated member is contrary to the express provisions of sections 6 and 12 (3) of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC409
..... an appeal filed under section 269 sub-clause (2) the procedure of a civil suit as provided in the code of civil procedure will have to be followed in view of language of section 384 of the punjab municipal corporation act, 1976. ..... to various facts and the manner in which the shops were initially allotted and the grievance that the municipal corporation had about the allotment of these shops to the particular persons. ..... municipal corporation : [1986]3scr617 took the view that provisions contained elsewhere when are made applicable the same should be applied with realism and ..... 24 or on application made by by not less than one-tenth of the members of a society registered under this act, the court referred to in section 13 may make an order for the dissolution of the society on any of the following grounds, namely-(a) that the society has contravened any provision of this act or of any other law for the time being in force and it is just and equitable that the society should ..... for dissolution of the society, however, on being satisfied that the grounds for dissolution as contained under sub-clauses (a) to (e) of sub-section (1) of section 13-b of the societies registration act are in existence, then he may move the principal court of civil jurisdiction for making an order for dissolution of society by means of application. ..... large scale complaints were made and during the period starting with effect from 1994-97 special audit team raised various objections, and based on the said .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All23
..... . further the provisions of section 132(6) of the municipal corporation act, as alleged by the petitioners, are not applicable in the present case.30 ..... to construct an underground shopping complex in jhandewala park at aminabad market, lucknow was challenged in three writ petitions before this court and division bench of this court by a judgment and order dated 23-8-1994, held that the decision of the nagar mahapalika was illegal, arbitrary and unconstitutional and as such, this court quashed the relevant resolution of the mahapalika including the agreement dated 4-11-1993 entered into between ..... challenged the judgment and order dated 23-8-1994 before the hon'ble supreme court in civil appeal no. ..... justified by means of which the agreement dated 16-11-1993 entered into between the petitioners and the respondents has been declared void-ab-initio and non est in view of pronouncement of the judgment and order dated 23-8-1994 passed by this court in writ petition no. ..... . and in response thereof, the petitioner by a demand draft dated 13-6-1994 deposited the aforesaid charges ..... . by the letter dated 21-5-1994, the mahapalika asked the petitioner to deposit rs ..... . on 7-5-1994, land measuring about 31 bighas of the land was handed over to the petitioner by the mahapalika ..... . on 1-2-1994, the petitioner wrote a letter to the opposite party no ..... 89 (mb) of 1994, amit puri v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All219; (1995)3UPLBEC2006
..... , its nagar pramukh, upa nagar pramukh and members and shall be deemed respectively to be the municipal corporation ..... , circumstances and the legal position stated hereunder: (a) that article 243-p to article 243p inserted in the constitution through the constitution (74th amendment) act, 1992, in respect of the constitution of the municipal corporation and the manner of their constitution, the formation of committee and the reservation are provided as follows: (a) article 243-p(g) lays down that the ..... municipal corporation- (1) notwithstanding anything in this act, during the period between the commencement of the uttar pradesh urban local self-government laws (amendment) act, 1994, and the constitution of the municipal corporation under this act, the nagar maha-palika and its nagar pramukh, upa nagar pramukh and members shall respectively exercise, perform and discharge the powers, functions and duties of the municipal corporation ..... constitution by 74th amendment act of 1992, enforced with effect from 31st may, 1994 envisages the constitution of municipality as an institution of local x self government, under article 243 q according to which, there shall be constituted in every state 'a municipal corporation' for a larger .....
Tag this Judgment!Court : Allahabad
Reported in : 1999CriLJ521
..... bombay municipal corporation : air1986sc180 while dealing with the provisions of section 314 of the bombay municipal corporation act, in which vast powers were given to the municipal corporation to remove pavement dwellers without any show ..... the petitioner was appointed as additional public prosecutor by the government on 6-8-1993 (not in august 1994 as wrongly mentioned in the writ petition) after consultation with the high court and if any complaint caused any doubt in the mind of the then law secretary ..... thereafter the hon'ble supreme court observed : : [1994]1scr348 :it would be evident from chapter v of the said manual that to appoint the chief standing counsel, the standing counsel and the government advocate, additional government advocate, deputy government advocate and ..... state law officers case (supra) : [1994]1scr348 are per incuriam as in those cases the decision of the constitution bench ..... state law officers association : [1994]1scr348 (supra) the scope of judicial review was again examined by the hon'ble supreme court in the state of ..... state law officers association : [1994]1scr348 (supra) observed in para 19 of the report:it (state government) may or may not ascertain the views of any of them, while making the ..... state law officers association : [1994]1scr348 (supra), it was contended on behalf of the state that the public prosecutor does not hold a civil post within the meaning of article 311 of the constitution as no relationship of employer and employee exists .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3563; 2005(3)ESC2209
..... 'ble supreme court considered the provisions of the delhi municipal corporation act, 1957, particularly those dealing with transfer of immovable property owned by the municipal corporation. ..... required for conducting inquiries against elected members and office bearers of other local bodies including municipalities and municipal ..... municipal corporation ..... municipal corporation, bhopal and anr,, : 1983crilj448 ; ganesh prasad ..... to have been proved against the petitioner under the provisions of section 29 of the uttar pradesh kshettra panchayats and zila panchayats adhiniyam, 1961 (hereinafter called the '1961 act') read with the uttar pradesh kshettra panchayats and zila panchayats (removal of pramukhs, up-pramukhs, adhyakshas and upadhyakshas) enquiry rules, 1997 (hereinafter called the 1997 rules'). ..... to maintain writ on the ground that the residential area would stand spoiled by unauthorized construction in violation of the statutory, provisions and the municipal authorities owed a public duty and an obligation under the statute not to allow the construction of a cinema hall in a residential area.19. ..... physically or mentally incapacitated for performing his duties, the state government, after giving the adhyaksha a reasonable opportunity for explanation may by order remove him from office.'81. section 29(3) of the 1961 act provides that an adhyaksha so removed shall not be eligible for election for the said post for a period of three years from the date of his removal ..... : (1994) .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)AWC696; (2005)2UPLBEC1200
..... . municipal corporation : air1993sc844 , section 23 of punjab municipal corporation act, 1976, which empowered the corporation to levy octroi on articles and animals 'imported into the city' was read down to mean articles and animals 'imported into the municipal limits for purposes of consumption, use or sale,' since a wide construction would have made the provision unconstitutional being in excess of, the power of the state legislature conferred by entry 52 of list ii of 7th schedule.38 ..... of president, who shall be its chairperson, and-- (a) the elected members, whose number shall, (i) in the case of a nagar panchayat, be not less than 10, and not more than 24, and(ii) in the case of a municipal council, be not less than 25 and not more than 55 as the state government may by notification in the official gazette specify ; (b) the ex-officio members, comprising all members of the house of people and the state legislative ..... we may contrast the language used in the new section 65 of the rajasthan municipalities act after its amendment in 1994 with the language used in section 54 of the u. p. ..... municipalities act and section 65 of the rajasthan municipalities act after its amendment in 1994. ..... 12 of 1994 reads as follows :'composition of municipality. ..... in that judgment the old section 65 of the rajasthan municipalities act, 1959, prior to its amendment in 1994 and the new section 65 has been quoted. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC181
..... rules have been framed under the municipalities act and the municipal corporation act. ..... municipal corporation act (the corporation act) or under the u. ..... and 7 govern election disputes in a municipality and in a municipal corporation. ..... municipality act (the municipality act) depending upon its ..... the court in ramjeet case pointed out that :* there is no provision like section 86(1) of the representation act ; * consequences of non-deposit of security are not provided ; * the provision regarding deposit of security is not mandatory ; * the time to deposit security can be extended under section 148 of the code of civil procedure [the ..... fact that the rules do not provide the consequence of non-deposit of security money as in the representation act does not mean that rule 7 is not mandatory.cases cited by the contesting respondent 12. ..... does not mean that even if such words are not used, then an act cannot be done on behalf of election petitioner : though this causes some confusion ..... 1994 ..... uttar pradesh zila panchayats (election of adhyaksha and up adhyaksh and settlement of election disputes) rules, 1994. ..... 1994 (thekshettra panchayat member rules) [sub-rule 7 of rule 7 (rule 7 ..... uttar pradesh kshettra panchayats (election of pramukhs and up pramukhs and settlement of election disputes) rules, 1994. ..... this writ petition, we are concerned with security deposit and 1 have also indicated relevant rule for the same after the rules :(i) uttar pradesh panchayat raj (settlement of election disputes) rules, 1994. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All209
..... court came to consider the judgment of the bombay high court which had declared section 372(g) and part of section 385 of the bombay municipal corporation act as ultra vires being contrary to the fundamental right guaranteed by article 19(1)(f)(g) of the constitution. ..... high court that for the purpose of ensuring proper disposal, transfer of ownership to the municipal corporation was not necessary or that the provisions went for beyond the legitimate purpose of making ..... , if application be made within six months from such date, except on the ground that the place where the market or shopis established fails to comply with any conditions prescribed by, or under this act, or(b) cancel, suspend or refuse to renew any licence granted under such bye-law for any cause other than the failure of the licensee to comply with the conditions of the licence or with ..... licensing of markets and shops for sale of certain articles:-- (1) the right of any person to use any place, within the limits of a municipal area, other than a municipal market, as a market or shop for the sale of animals, meal or fish intended for human food, or as a market for the sale of fruit or vegetables, shall be subject to bye-laws (if any ..... position emerging from the other decision of the supreme court,reliance has been placed by sri bharatji agarwal on air 1970 sc 1157 (paras 11 & 12), air 1980 sc 548, air 1994 sc 205, air 1995 sc 464, air 1995 sc 2200, (1995) 1 scc 574 : (1995 air scw 313) and (1996) 3 scc 705 : (air 1996 .....
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