Court : Punjab and Haryana
Reported in : 2001CriLJ1312
..... by accused petitioner seeking quashment of the criminal complainant under section 132 read with sections 380/386 of the haryana municipal corporation act, 1994 (hereinafter referred to as the act) and also seeking quashment of the summoning order dated 7.6.2000 passed by the teamed judicial magistrate 1st class, faridabad ..... of 1999, which was promulgated by governor of haryana on 30.10.1999 and was published in the haryana government gazette dated november 1,1999 and later on, the haryana municipal corporation (second amendment) act, 1999 which received the assent of the government of haryana on 31.12.1999 and published in the haryana government gazette dated january 4,2000, was issued to the same ..... accused petitioner had contravened the provisions of section 112 of the act read with sections 380/386 of the act, in my opinion, the municipal corporation was competent to file criminal compiaint against the accused petitioner. ..... it has then been submitted before me by the learned counsel for the petitioner that on the one hand the municipal corporation is proceeding with the penalty proceedings against the petitioner and on the other hand the present criminal complaint has been filed against ..... in question was filed by the municipal corporation on 19.12.1998. ..... if penalty has been imposed upon the accused petitioner, in violation of the provisions of the act or rules framed thereunder and if the petitionr is aggrieved against the same, he would be at liberty to challenge the same in .....
Tag this Judgment!Court : Delhi
Reported in : 95(2002)DLT320; 2001(60)DRJ478
..... the conclusions reached in the said judgment are reproduced below for facility of reference:-'(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;(b) the levy of property taxes under the aforesaid enactments on lands and/or buildings belonging to the state governments is invalid and ..... : air1997sc2847 has held that the property tax levied by the ndmc under the punjab municipal act of 1994 and by delhi municipal corporation, constituted union taxation, within the meaning of clause-i of article 289 of the constitution of india. ..... the question as to whether the new delhi municipal committee could levy tax on properties belonging to the union or state government is no longer rest integra. ..... new delhi municipal committee : air1975delhi223 . .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1999)122PLR326
..... on 17.4.1995, haryana municipal corporation act, 1994 and the rules were amended, by virtue of amendment carried out to section 36, the term of office of mayor, senior deputy mayor and deputy mayor was extended from one year to five years. ..... in their respective written statements, respondents have stated that the petitioners were elected as deputy mayor and senior deputy mayor of municipal corporation, faridabad, respectively in february, 1995 when under sub-section (2) of section 36 the term of these offices was one year. ..... by virtue of the afore-mentioned provision of law, election of municipal corporation, faridabad, was held on 26.11.1994 and petitioners were duly elected as members. ..... municipal corporation, faridabad, came into existence in pursuance of enactment of haryana act, namely, haryana municipal act corporation (in short 'the act'). ..... 4 of 1995 (the haryana municipal corporation amendment) act, 1995, the term of office of vice president of the municipal committee was extended to five years. ..... 31.5.1994 and it provided for the establishment of municipal corporations for certain municipal areas in the state of haryana. ..... deputy mayor and deputy mayor of municipal corporation, faridabad, will be held on 20.2.1998 at 3.00 p.m.2. ..... it is contended that the petitioners have put in more than three years and, therefore, it does not appeal to logic to disturb the continuity of the municipal corporation at this juncture.6. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(1)ShimLC115
..... be that as it may, municipal corporation, in response to the application submitted by the petitioner for constructing house on the plot in question, granted sanction and vide communication 24.7.2002, petitioner was informed of approval of his plan and grant of sanction by the municipal authorities under the municipal corporation act, 1994.6. ..... however, while permitting the petitioner to withdraw the writ petition, we direct all the authorities concerned including municipal corporation and the electricity department to grant immediately electricity connection as well as water connection to respondent no. ..... 123/1 of 2004 on 21.12.2004, impleading the commissioner and the municipal corporation as parties to the suit and in the said suit, he sought relief of permanent injunction, restraining the defendants therein from granting/connecting civic amenities like water etc. ..... petitioner having failed to get relief from the court of senior sub-judge started writing to various authorities including the commissioner, municipal corporation, shimla, the chief minister, himachal pradesh etc. ..... in the subsequent suit filed against municipal corporation, petitioner purposely did not implead respondent no. ..... it also deserves to be noted that municipal corporation during the course of hearing of this application brought to our notice that after writ petition was got dismissed as withdrawn, petitioner filed an application with the commissioner dated november 28, 2005, asking him to maintain status .....
Tag this Judgment!Court : Delhi
Reported in : 1996IIIAD(Delhi)299; 63(1996)DLT163
..... to illustrate, a property may be assessed in the name of someone who is neither the owner nor occupier thereof and fixed with liability to pay tax; a property not falling within the limits of the municipal corporation may come to be assessed and taxed; property may be grossly overvalued by the assessing authority attracting an obligation to pay an amount of tax absolutely disproportionate with the value of the property and means of the ..... is the main source of revenue to the municipalities and municipal corporations. ..... the municipal corporation, however, contended that where any premises constructed on or after 9.6.1955 and the premises in most of the cases before us are the premises constructed subsequent to 9th june, 1955 have not been let out ..... municipal corporation of delhi, ..... a public notice that the assessment list for the year 1995-96 of the lands and building in the ndmg area had been prepared pursuant to section 70 read with sections 72-73 of the new delhi municipal council act, 1994 (hereinafter ndmc act, for short). ..... insurance corporation of india, : [1971]1scr249 ; guntur municipal council ..... provision may be made for payment of interest so as to adequately compensate the corporation for the delayed recovery in the event of appeal being dismissed or interim order ..... agreement was entered into on 9.4.85 between the delhi development authority (the dda, for short) and the appellant whereunder land admeasuring approximately 6 acres was brought in by dda as its corporate contribution. .....
Tag this Judgment!Court : Delhi
Reported in : 114(2004)DLT26; 2004(76)DRJ698
..... another local body, namely, the municipal corporation of delhi (mcd) constituted under the delhi municipal corporation act, 1957 also accepted the report of the ..... it has been renamed and reconstituted as the new delhi municipal council by virtue of the new delhi municipal council act, 1994.3.ndmc is a compact unit providing civic services to the ..... february, 1988, on 26th february, 1988 and for few months thereafter.55.it does appear that when the employees of ndmc represented by its action committee of workers federation comprising of various categories of municipal employees struck work and decided to take the path of non-cooperation on 25th february, 1988, the fl ash point was the failure of ndmc to implement r.d. ..... the supreme court directed grant of ssc pay scales to storm water drain beldars and storm water drain mates with effect fr om 1st april, 1994.39.consequent upon the decision of the supreme court in laxmi, several employees approached this court in digpal singh and ors. v. ..... tagged along with a very large number of writ petitions that were filed in 1 993 and 1994 by various employees of ndmc. ..... babu lal and declined to grant the benefit of ssc pay scales to the employees in that case from a back date and instead granted them the benefit with effect from 1st april, 1994. ..... remedy as is available to each one of them under law for claiming the relief they want.38.the third group comprised of a solitary writ petition (babu lal) decided by the supreme court on 13th july, 1994. .....
Tag this Judgment!Court : Delhi
Reported in : 1994IVAD(Delhi)237; AIR1995Delhi69; 55(1994)DLT650
..... month, the rateable value will be on the basis of actual rent received.if the plaintiff was aggrieved against such recovery, the proper remedy will be byway of an appeal under section 169 of the delhi municipal corporation act, and it has been so clearly held by hon'ble supreme court in the case of shri shyamkishore and others (supra). ..... municipal corporation of delhi and another, : air1992sc2279 held section 170(b) of the delhi municipal corporation act to be intra virus because it only barred the hearing of the appeal and disposal on merits and not the entertainment of the appeal u/section 169 dmc act ..... drawn my attention to a recent judgment of hon'ble the supreme court of india in municipal corporation of delhi v. ..... while doing so it pointed out: 'the court has to show awareness of the fact that in the case of a municipality it cannot function or meet its financial obligations if its source of revenue is blocked by an interim order restraining it from recovering the taxes as per ..... the present case also learned counsel for the corporation pointed out that the plaintiff filed a writ petition ..... it may be noted that annexure a is a revised bill sent by the corporation to the plaintiff for recovery of property tax comprising of various compliments like general ..... upon learned counsel for the defendant to argue as to why an in junctionbe not granted restraining the corporation from recovering the property tax as per annexure a. ..... be listed for further proceedings before the court on 5/12/1994. .....
Tag this Judgment!Court : Delhi
Reported in : 2003IIIAD(Delhi)239; 104(2003)DLT142; 2003(68)DRJ625
..... under section 126 of the delhi municipal corporation act, 1957 (hereinafter to be referred as, 'the said act') proposing a rateable value of rs ..... learned counsel also referred to another judgment of the full bench of this court in municipal corporation of delhi v. ..... learned counsel for the petitioner placed reliance on the judgment of the supreme court in municipal corporation of delhi v. ..... municipal corporation of delhi, 1972 ..... municipal corporation of delhi : air1978delhi189 ..... municipal corporation of delhi & ..... municipal corporation of delhi : air1981delhi179 to contend that once the assessment year has gone-bye, no demand can be raised for the said assessment year in the absence of a notice, since assessment is a matter of year-to-year.12 ..... municipal corporation of delhi & ..... children book trust : [1992]2scr535 and contended that in para 46 of the said judgment, the supreme court had laid down that the local authorities do not act as legislature when they impose a tax, but they do so as the agent of the state legislature and the powers and the extent of these powers must be found in the statute, which creates them with such powers ..... the contention of the learned counsel for the petitioner flows from the plea that the notice, which was issued, was for the assessment year 1994-95 and was dated 15.3.1995. ..... the factual matrix of the case is limited inasmuch as the matter in dispute relates to the assessment year of 1996-97, but the notice was initially issued for the assessment year 1994-95. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2003Delhi110; 100(2002)DLT66; 2003(66)DRJ1
..... delhi municipal corporation act provides for the creation of municipal fund, as well as revenue and expenditure there from section 99 provides for construction of municipal fund which would include all monies received by the corporation under the delhi municipal corporation act or any other law for the time being in force.14. ..... interpretation of various provisions of the delhi municipal corporation act (hereinafter referred to as the dmc act) as regards the liability of the lessee to pay property tax is the question involved in this batch of writ petitions.2. ..... municipal corporation for greater bombay reported in : [1969]3scr565 , the primary liability in terms of section 147 of the bombay municipal corporation act was that of actual occupier and therein a lease for a duration of less than one year had been executed. ..... reported in : [1974]3scr687 , the principal question related to the construction of section 154(1) of the bombay municipal corporation act. ..... section 114 of the dmc act, as noticed hereinbefore, read with section 147 makes it incumbent upon the delhi municipal corporation to levy tax on lands and buildings, subject of course to the exceptions provided for therein.20. ..... municipal corporation of bombay : [1969]3scr565 the learned counsel would contend that the provisions of bombay act and the delhi act being in pari materia, the said decision would apply on all fours in the instant case.12. ..... : air1999cal205 , calcutta municipal corporation and ors. v. ..... 1994 (4) ad 247.8. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj167; (1994)2GLR1498
..... though the court was not concerned with the provisions of the bombay provincial municipal corporation act, which are applicable in the city of ahmedabad, the court was called upon to interpret the provisions of section 2(1) of the gujarat municipalities act, 1964, which are, more or less, in pari materia with section 2(1a) of ..... /87, 587/88, 468, 469, 500, 505 and 508 of 1990, 1303/83, 1076/83, 666, 1238, 1239, 1214, 1403, 1404, 1455, 1483, and 1617 of 1990, 586/91, 1488/91, 1489/91, 2316/92, 2317/92, 2343/93, and 158 of 1994, are also allowed, firstly for the reasons that the actual rent at the time of first letting, for the period prior to 1-4-1984 and the contractual rent for the subsequent period will be ..... . 2232 of 1994 has been filed, inter alia, praying that the documents annexed to the said application which are certified copies of orders passed by the municipal commissioner delegating his functions and powers to various authorities under the act be placed on record under rule 11 of the municipal appeal rules, 1976 and/or order 41, rule 27 of the code of civil ..... 1984 and connected matters, decided on 28th april, 1994, where the question arose before this court with regard to the validity of proviso (aa) to section 2(1a) of the bpmc act. ..... . billa sanjeeva reddy, (1994) 4 scc 659 where it has been observed that :-- '....it is settled law that, if the documentsare found to be relevant to decide the real issue in the controversy, and when the court felt that interest of .....
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