Court : Delhi
Reported in : 1997IIAD(Delhi)692; 66(1997)DLT449
..... the commissioner, municipal corporation of delhi dated 6.7.1992 passed in exercise of his powers under section 490(2)(b) of the delhi municipal corporation act, 1957 (hereinafter) referred to as 'the act' as conveyed through ..... the delhi municipal corporation act, which authorises the commissioner, during the period when corporation is dissolved, to exercise all powers and duties conferred and imposed upon the corporation by or under the act. ..... court observed : 'in view of the conceded position the age of retirement of teachers and supervisory staff of the delhi administration is 60 years; for those who came on transfer from the municipal corporation to the delhi administration it is also 60 years in view of the resolution of the corporation as accepted by the government of india in its letter dated 18th of january, 1973. ..... 666 was held to be that persons employed on teaching side in the education department of municipal corporation of delhi will have a retirement age of 60 years whereas others will have a retiring ..... was 58 years but the same had been raised to 60 years and since there was no posts of inspector in the education department of the delhi administration, the age of employees transferred from the municipal corporation was kept, according to clause (7), indicated to be 60 years, as the age of retirement. ..... to protect the service conditions of the teaching staff working under municipal corporation of delhi, whose services were transferred to delhi administration, resolution .....
Tag this Judgment!Court : Delhi
Reported in : 100(2002)DLT227
..... the petitioner has contended that the notice under section 126 of the delhi municipal corporation act was not served on the correct address. ..... writ petition has been filed impugning the order dated 28.3.1997 of the municipal corporation of delhi assessing the premises on which a jain temple was being ..... municipal corporation ..... dated 28.3.1997 and direct the respondent to re-assess the temple constructed by the petitioner society after considering the applicability of section 115 of the dmc act as a jaintemple is in existence at the site in question.a direction is also issued to the respondent that, after consideration of section 115 of the act, the respondent shall re-assess the rateable value of the property from may, 1996 taking as cut-off date of the occupation of the building as ..... 309.00 =2,53,215.005)1990-9163,970.00 +1,27,190.00 = 1,91,160.006)1991-9234,965.00 +4,73,325.00 =5,08,290.007)1992-9345,516.00 +2,16,427.00 =2,61,943.008)1993-941,31,574,00 +2,28,545.00 =3,60,119.009)1994-951,03,872.00 +53,627.00 =1,57,499.0010)1995-962,75,912.00 +1,10,860.00 =3,86,772.00 grand totalrs.26,27,912.006. ..... that it was brought to the notice of the respondent that the temple was still under construction and balance-sheet up to 1993-94 starting from 1.3.1994 till 1995-96 was filed before the respondent. ..... expenses incurred on the construction of temple in these years subsequent to 1993, there was no justification for the respondent to issue the said impugned notice under section 126 of the dmc act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1991)2GLR956; (1994)IIILLJ431Guj
..... municipal corporation were to be extended the government issued notification dated november 15, 1985 under the provisions of section 3(3) of the bombay provincial municipal corporation act, 1949 (hereinafter for short 'the corporation act') inviting suggestions and objections from all persons likely to be affected by the proposed extension of the limits of the respondent-corporation ..... that the aforesaid employees who were working in saijpur bogha nagar palika in respective time scale of pay be declared as permanent employees of the respondent municipal corporation and the respondent municipal corporation has no right to reduce the wages or convert their status to that of daily rated casual employees and that wages cannot be changed from time- ..... local authorities (including the rights and liabilities under any contract made by any of the specified local authorities) to the municipal corporation of the city of ahmedabad (hereinafter referred to as 'the said corporation'); (b) substitutes the corporation for the relevant specified local authority or, as the case may be, adds the corporation as a party to any legal proceeding to which a specified local authority is a party; and transfers all proceedings ..... of the corporation act it was directed that on and with effect from february 23, 1986 the existing limits of city of ahmedabad shall be altered so as to include therein the areas specified in schedule 'a' to the notification, which also included the area of saijpur bogha municipality.8. .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(1)BomCR269
..... the contention of shri paste, learned counsel for the petitioners is that the municipal commissioner has no power under the bombay municipal corporation, act, ('the act') to levy any service charge and, as such, any order passed by him levying such service charges or any sanction given by him to any such levy as mentioned in the ..... taken up together for hearing and, for the sake of convenience the facts of writ petition no.2420 of 1988 are only stated.the petitioners are holders of stalls owned by the municipal corporation of greater bombay in a market known as 'dr. d.h. ..... the municipal corporation of greater bombay ('corporation') respondents, herein, had published a scheme to let out the stalls in the said market to ..... municipal corporation of greater bombay in regard to recovery of service charges from the licensees in the municipal ..... who shall also---(a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by this act;(b) prescribe the duties of, and exercise supervision and control over, the acts and proceeding of all municipal officers and servants, other than the municipal secretary and the municipal officers and servants immediately subordinate to him, and subject to the regulations at the time being in force under section ..... for the corporation was, however, fair enough to place before me the provisions of section 407 of the act which deal with the power of the commissioner to levy stallagess, rents and fees in municipal markets and .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(1)BomCR341
..... briefly stated, the facts are as under :(i) the petitioners are a body corporate incorporated pursuant to the provisions of the bombay municipal corporation act, 1888 (for short, referred to as `the said act'). ..... municipal corporation of greater bombay, as also on the judgment of the division bench of this court in the case of municipal corporation of greater bombay v. ..... municipal corporation for greater bombay and another . ..... municipal corporation of the city of poona, reported in : [1970]3scr415 . ..... municipal corporation of greater bombay, reported in : 1990(2)bomcr138 , on which reliance has been placed by mr. ..... municipal corporation of bhopal and another, decided by the apex court of this country and reported in : 1983crilj448 . ..... (2) the common seal of the corporation which shall remain in the custody of the municipal secretary, shall be affixed in the presence of two members of the standing committee to every contract or other instrument (other than contract relating to the acquisition of immovable property or interest therein or a right thereto, require to be under seal) and ..... in support of his submission that the word `shall' appearing in section 70(b) after the words `in writing and' and before the words `be sealed with the common seal of the corporation' and in section 71 of the said act need not be given connotation of being obligatory but be interpreted as directory. mr. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR653; 2004(2)BomCR261; 2003(4)MhLj597
..... to be completed and yet to be occupied by thepetitioners, presently the land is not in occupation and use of the petitioners, andtherefore, the petitioners are not entitled to claim exemption from tax under section 143 of the mumbai municipal corporation act, 1888, hereinafter calledas 'the said ..... the provision of law contained in section 115(4)(a) of thedelhi municipal corporation act, 1957 is in pari materia with the provisions oflaw contained in section 143(1)(a) of the said act. ..... on the point of fixation of the rateable value in relation to theland under construction is well-settled by the decision of the apex court in thecase of the municipal corporation of greater bombay v. ..... the petitioners as well as the order of cancellation ofexemption from payment of property tax on two grounds, namely, that therateable value has been assessed in contravention of the order of the apex courtin the matter of the municipal corporation of greater bombay v. ..... municipal corporation of delhi ..... municipal corporation of delhi ..... the annual letting valueof land which is the basis of rating, of land and, by definition, 'land'includes land which is either built upon or has been built upon.nevertheless a reference to the provisions of the act shows that, after abuilding has been completed, the letting value of the building, whichbecomes part of land, will be the primary or determining factor in fixingthe annual rent for which the land which has been ..... ,reported in : [1994]3scr1017 and christ the king .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(1)BomCR695
..... respondents from the petitioner on 5th november, 1988 on the ground that the seizure and the subsequent disposal thereof was arbitrary, illegal and contrary to the provisions of the bombay municipal corporation act, 1888. ..... on 5th november, 1988 the officers of the bombay municipal corporation had a prior intimation that some goats were likely to be carried by some persons on behalf of the petitioner either to ghatkoper, kurla or chembur for slaughter and not to denoar abattoir where they ..... trivedi appearing for the bombay municipal corporation states that the animals have been seized and by this time ..... 3743 of 1988, the first respondent municipal corporation shall then pay to the petitioner such amount as this court may determine at the hearing of the petition with interest thereon at 12% per annum for such period as the court at ..... claims that goats were meant for being taken to the deonar abattoir for sale and eventual slaughtering, the case of the respondent-corporation is that as goats were being taken to some unknown private destination for sale and slaughter for which no licence is possessed ..... of the alleged high handed action on the part of the officers of the first respondent-corporation in, first seizing the 193 goats and, thereafter disposing them of without giving the petitioner any notice in that behalf or without giving the petitioner any opportunity of showing that he was not guilty of violation of any of the provisions of sections 410, 411 and 412 of the said act. .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(3)BomCR403
..... for instance, in para 41 dealing with the amplitude of the words of section 170 of the delhi municipal corporation act, it has been observed at page 2293 of the report as under :-'41. ..... a contention was also raised that the petitioners had an alternate remedy by way of an appeal under section 217 of the bombay municipal corporation act, 1888 (for short, 'b.m.c. ..... , on 15th november 1988 the first respondent corporation informed the first petitioner that the said product attracted octroi under entry 8 of schedule `h' to the bombay municipal corporation act. ..... was in these facts that the supreme court relegated the party to the alternate remedy of an appeal under the delhi municipal corporation act, 1947. ..... the said letter - exhibit 'j', the first petitioner company was informed that its product 'chatpat churanets' attracted octroi under entry 8 of schedule `h' to the bombay municipal corporation act, 1888. ..... 1105 of 1989, of the municipal corporation of greater bombay and others ..... the bombay municipal corporation for greater bombay and another, : air1981bom37 the division bench held that the chief judge of the court of small causes was not a persona ..... the bombay municipal corporation for greater bombay and another, : air1981bom37 .b) ..... this petition, the petitioners seek to challenge the letter dated 16th november, 1988 - exhibit 'j' to the petition, issued by the second respondent additional assessor & collector (octroi) of the first respondent municipal corporation of greater bombay. .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(4)BomCR606
..... m/88 of 1977 before the learned chief judge of the court of small causes at bombay as contemplated under section 217 of bombay municipal corporation act.6. ..... no appeal was filed against the said enhanced rateable value as permissible under section 217 of bombay municipal corporation act.4. ..... these appeals pertain to fixation of rateable value by the municipal corporation of greater bombay in respect of plots reserved for college, cemetery, play-ground, recreation ground, municipal hall, garden, school, etc. ..... one sahadeo daulat dalvi was examined as a witness on behalf of the municipal corporation at the hearing of the said appeals.8. ..... were assessed to rateable value by the municipal corporation for much lesser amount for the period prior to 1st october, 1975 ..... in the result, the appeals herein filed by the municipal corporation of greater bombay are allowed. ..... 13, 14 and 17 imposed by the municipal corporation of greater bombay while sanctioning plans copies whereof are to be found at page 25 to 27 of the appeal paper ..... being aggrieved by order dated 4th february, 1977 passed by the assessor and collector of bombay municipal corporation confirming the rateable value in respect of each of the reserved plots, the respondents herein filed their respective appeals being municipal appeal no. ..... the municipal corporation of greater bombay has preferred these appeals against order dated 31st january, 1979 passed by the learned additional chief judge of the court of small causes in municipal appeals .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1994AP275
..... their lordships furtherobserved:'besides, the court in olga tellis, : air1986sc180 affirmed the validity of section 314 of the bombay municipal corporation act on the ground that 'removal of encroachments on the footpaths or pavements over which the public has the right of passage or access cannot be regarded as ..... 406 of the hyderabad municipal corporation act, on the other hand, lays down the well-recognised principle that the commissioner may, by written notice, cause to be removed certain structures or fixtures ..... hyderabad municipal corporation act would ..... corporation has every right to remove the encroachment by exercising the power under section 405 of the hyderabad municipal corporation act ..... of a holy cross projecting over the pedestal of a forty feet-wide public street without notice under section 314 (a) of the bombay municipal corporation act. s. m. ..... the learned counsel for the petitioners submits that the threatened action of the municipal corporation is violative of the petitioners' rights under articles 19(1)(g) and 21 of the constitution, that the municipal corporation cannot interfere with their right to do business unless and until appropriate space is allotted to them and that the municipal corporation itself, having permitted the petitioners to put up temporary bunks on the collection of fee, cannot ..... , the structures were allowed to remain by the municipal corporation for well over a decade by the conscious act of collecting the encroachment-fee as quid pro quo .....
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