Court : Delhi
Reported in : 2000(56)DRJ29
..... resolved further that with a view to overcome the legal impediments in the way of the implementation of the resolution it be urged upon the government of india to suitably amend the provisions of section 200 of the delhi municipal corporation act and also revise the terms and conditions of the loan advanced to the corporation for the construction of municipal quarters in colonies such as azadpur, dhakka, nimri etc. ..... division bench in its judgment dated 14.3.1991 held that no resolution had been passed by delhi electric supply committee, which was the authority under section 44 of the delhi municipal corporation act, with regard to the selling of the quarters to the petitioners or any one of them. ..... representation was rejected by the administration (land & estate development) in violation of the judgment of this court dated 26.4.1994 delivered in cw.5183/93, which the petitioners had preferred earlier, wherein specific direction was given to the commissioner as well as to the secretary (slg) and administrator (mcd) to dispose of the representation in accordance with law. ..... union of india, (1994) 6 sc 651. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD31; 2004(1)ALT555
..... the sole question raised and argued by the counsel in this second appeal is whether the notice contemplated under section 685(1)(a) of the hyderabad municipal corporations act 1955 is necessary in the facts and circumstances of the case and whether the relief of permanent injunction be negatived on the ground of want of issuance of such notice. 2. ..... 2/88 and the appellate court had allowed the appeal holding that notice under section 685 of the hyderabad municipal corporations act, 1955 is essential and mandatory and aggrieved by the same, the present second appeal is filed by the appellant/plaintiff. 3. ..... 23 of 1981, specifically says that save as otherwise expressly provided therein, all the provisions of the hyderabad municipal corporations act, 1955, including the provisions relating to the levy and collection of any tax or fee are hereby extended and shall apply mutatis mutandis to the corporation and the said act shall, in relation to the corporation be read and construed as if the provisions of the said act had formed part of this act. ..... 21341/94 on 29-12-1994 had granted interim injunction restraining the respondent-corporation from taking any action including the dispossession of the petitioner society from the suit schedule property extent being 1890 sq. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2998; 2003(3)ALLMR(SC)1125; JT2003(5)SC462; 2003(5)SCALE237; (2003)6SCC315; 2003(2)LC1383(SC)
..... it must be remembered that the principle of 'standard rent' has not been invoked by reason of any requirement or declaration under the municipal corporation act, but by reason of the fact that if the rateable value is the reasonable annual rent at which the property may be expected to be let, then we must consider what a hypothetical tenant would be willing ..... counsel for the respondent that the ratable value to be fixed under section 154(1) of the bombay municipal corporation act is limited by the measure of the standard rent within the meaning of section 5(10) of the bombay rent act appears to be justified, particularly in view of the fact that section 7 of the bombay rent act makes it illegal to claim of any rent or any licence fee in excess of the standard ..... bombay : [1969]3scr565 , a case arising under the bombay municipal corporation act, 1888 itself, in which the court observed that the act was passed in the year 1888 and municipal corporation had a practice for a very long time of treating the land and the building constructed upon it as single unit and charging the property tax upon the owner of the land ..... is no warrant for the assumption and assertion of the respondent that the ratable value for the property of the respondent for the years 1994-95 and 1995-96 was based on 'standard rent', nor is there any warrant for the assertion that the land had been separately valued ..... while the material on record shows that prior to 1994-95 the ratable value of the entire property before .....
Tag this Judgment!Court : Delhi
Reported in : 1997IVAD(Delhi)625; AIR1997Delhi347; 68(1997)DLT222; 1997(42)DRJ792
..... held:-- 'the leasehold rights in a plot of land leased (in this case in perpetuity) to a person (by the delhi development authority), fail within the meaning of the term 'land' under me definition given in section 2(24) of the delhi municipal corporation act, and, there lore. ..... not be decided by the delhi municipal corporation act. ..... of the lease stand extended for a period of 20 years commencing 1-1-1991 and expiring with 31-12-2010 on the terms and conditions set out in the lessor's letter dated 20-7-1994 (page 144 of the paper book), both the above said letters provide for a formal lease deed being executed between the parties but no such deed has been executed. ..... 24.3.3 lord kith of avonholm though concurring expressed himself differently as under:-- 'what we are faced with here is an administrative act of a public official, the valuation officer, against which the parly affected has a right of appeal, to the local valuation court, with further appeals ..... he who has dominion of a thing, real or personal corporeal or incorporeal which he has a right to enjoy and do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenent ..... so are the excerpts from the letter dated 20-4-1994 (page 144 of the paper book) as under:--'the delhi golf club be allowed to use the land measuring 179 ..... properly lux for the period 1-4-1969 to 31-3-1995 raised by the respondent as evidenced by its house tax bill dated 24-11-1994 (annexure p3). .....
Tag this Judgment!Court : Delhi
Reported in : 1996IAD(Delhi)644; 61(1996)DLT661; 1996(36)DRJ404
..... we may quote the rates as notified for the year 1991-92 which are as under :- (a) in the rural areas, as defined in section 2(52) of the delhi municipal corporation act, 1957, the general tax on all lands and buildings or part thereof believed as under :- (i) on all lands and buildings in village abadi area :- r.v. ..... the delhi municipal corporation act, 1957 contemplates levy on the annual value of lands and buildings. ..... (5) the delhi municipal corporation act, 1957 extends to delhi. ..... the petitioner has now received a bill dated 30th september, 1994 by which the petitioner has been asked to pay a sum of rs.33,592.00 to the municipal corporation of delhi by way of arrears of gen (3) the respondent-mcd has in its brief counter placed reliance on various relevant provisions of the act, the notification issued and the bye-laws framed there under to submit that not only the petitioner's property is liable to tax but it has been taxed correctly. ..... (2) on or before the 15th day of february of each year the corporation shall determine the rates at which various municipal taxes, rates and cesses shall be levied in the next following year and save as otherwise provided in this act the rates so fixed shall not be subsequently altered for the year for which they have been fixed. .....
Tag this Judgment!Court : Delhi
Reported in : 1996IVAD(Delhi)128; 63(1996)DLT251; 1996(38)DRJ145
..... the delhi municipal corporation act, 1957, section 114 levies tax on land and buildings at a certain percentage ..... -corporation the scheme formulated is referable to section 177 to delhi municipal corporation act. ..... value itself undergoes a change due to impact of any variable - man made or otherwise - the power of municipal corporation to amend the assessment list under section 126 of the act and change the rateable value so as to bring it in conformity with the existing state of affairs is not taken ..... : 61(1996)dlt661 , the division bench has held while repelling a similar arguments :- assuming for the sake of argument that the municipal corporation of delhi at any time made some announcement or published a pamphlet for general information of the public and it contains some statement which may be at variance with the law, it is the law which ..... 'lump sum payment scheme' or 'one-time payment for life of property tax - scheme' introduced by the municipal corporation of delhi might have earned substantial revenue in the coffers of the corporation but the peace supposed to have been purchased by the tax payers has certainly not lasted for life as is apparent from the few dockets collected in the ..... collector of central excise and customs (hyderabad) : 1994(73)elt769(sc) , it has been held :- 'the principle that in case of ambiguity, a taxing statute should he construed in favor of the assessed - assuming that the said principle is good and sound - does not apply to the construction of .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)ALLMR104; 2002(2)BomCR47; [2002(93)FLR523]
..... common written statement was filed by the corporation wherein it was pleaded that the printing press has a complement of less than 125 workmen; that appointments in printing press where the respondent workmen were employed were effected under the provisions of the bombay provincial municipal corporations act, 1949 (hereinafter referred to as the 'bpmc act'); that employees working in the printing press were made permanent on completion of five years service in accordance ..... 1 pune municipal corporation, in various posts like junior binder, baller, pressman ..... submitted that before the industrial court comes to the conclusion that there was an unfair labour practice under item 6 of schedule iv of the mrtu & pulp act, it was necessary for the respondent workmen to prove that there has been a motive on the part of the petitioners to deprive the workers of the permanent ..... the apex court in that case has held that prevention of certain unfair labour practices being the object of the state act, the same would be thwarted or get frustrated if the burden is placed upon the workman to establish that the employer had deprived him of permanent status by continuing ..... the industrial court by its common order dated 28th september, 1994 allowed the complaints and directed the petitioners to extend the benefits of permanency to the respondent workmen with ..... secretary, krishi vidyapeeth kamgar union & others, : 1994(3)bomcr13 has no relevance to the facts involved in ..... union & others, 1994 (69) f.l.r. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)595; AIR1996SC1579; JT1996(4)SC75; 1996(3)SCALE408; (1996)3SCC630; [1996]3SCR1158; [1990]Supp3SCR547
..... place in law, even then the person who had entered into an agreement with the builder for purchase of the particular flat becomes liable to pay tax in view of section 126 of the municipal corporation act and as a matter of fact such person steps into the shoes of the original owner and the notice served under section 126 on the builder be deemed a good notice served on the transferee ..... issued a 'call letter for hearing of the objection under section 126 of the municipal corporation act, 1957' to the respondent requesting him to attend the office in connection with the ..... corporation, submits that the problem arising herein is a common one and the decisions of the nature questioned herein are resulting in loss of substantial revenue legitimately due to the corporation and, therefore, the questions arising herein must be decided by this court authoritatively to serve as a guidance to the authorities under the delhi municipal corporation act, 1957 (act ..... this appeal is preferred by the municipal corporation of delhi (corporation) against the judgment and order of the delhi ..... relevance and it reads :every person who makes a transfer as aforesaid without giving such notice to the commissioner shall, in addition to any penalty to which he may be subjected under the provisions of this act, continue liable for the payment of all property taxes from time to time payable in respect of the land or building transferred until he gives such notice or until the transfer has been recorded in the ..... 1994 .....
Tag this Judgment!Court : Delhi
Reported in : 154(2008)DLT50; 2009LC(DEL)773
..... of section 363 are para materia with section 455 of the delhi municipal corporation act 1957. ..... in the aforesaid case, the court took notice of the provision of section 24 of the electricity act and section 455 of the dmc act and observed as below:para 11:- as i read section 24 of the electricity act and section 283 of the corporation act, it appears to me that the amount of charges would become due and payable only with the submission of the bill and ..... municipal corporation of delhi ..... in this regard, counsel for the defendant is justified in relying on the judgement in the case of kedar nath babulal (supra), wherein the provision of section 15(2) of the limitation act was considered in the light of section 77 of the railways act and it was held that absence of notice does not mean that a suit cannot be brought but only provides that it cannot be decreed and that the court always has the jurisdiction to decide the necessity ..... under any sum due to the council on account of any charge, costs, expenses, fees, rates or rent or on any other account under this act or any such bye-law may be recoverable from any person from whom such sum is due as an arrear of tax under this act.provided that no proceedings for the recovery of any sum under this section shall be commenced after the expiry of three years from the date ..... therefore, stated that the plaint is barred by limitation as prescribed under the limitation act and under section 363 of the new delhi municipal council act 1994. .....
Tag this Judgment!Court : Delhi
Reported in : 1995(35)DRJ162
..... (3) defendants gave notice under section 349 of the delhi municipal corporation act, 1957 (hereinafter referred to as 'the act'), requiring the plaintiffs to vacate the portions in their possession and occupation stating that certain portion of basement, ground floor and second floor, has been without the sanction of defendant no.1, and ..... of shiv kumar chadha versus municipal corporation of delhi & ors. ..... the court should not ordinarily entertain a suit in connection with the proceedings initiated for demolition, by the commissioner, in terms of section 343(1) of the corporation act. ..... , where 'jurisdictional error' on the part of the corporation is established, a suit shall be maintainable. ..... (4) that defendant no.1 did not serve any notice of demolition under section 343 of the act to any of the plaintiffs contending that the unauthorised structure, raised/erected, has been at the instance of one pritam singh ..... 'the commissioner may, in addition to any action that may be taken under this act, make an order directing that such erection work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed, within such period ..... dismissal of the is and vacation of the order dated 23.9.1994, shall be effective/operative after four weeks from today. ..... tewana versus union of india & others reported in : 54(1994)dlt578 by the db of this court will have no application to the facts of the present case for the reason that proviso .....
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