Court : Madhya Pradesh
Reported in : 2001(4)MPHT387
..... question of law :--'whether, in the facts and circumstances of the case, the mandatory provisions contained in section 80 (5) of the m.p. municipal corporation act, 1956 gives jurisdiction to the state govt. to reject the tender offered by the plaintiff and to order fresh auction ?'8. section 80of the municipal ..... corporation act, 1956 (henceforth 'the act') reads as follows :--'80. provisions governing the disposal of municipal property vesting in or under the management of corporation.-- (1) nostreets, nazul lands public places, drains or irrigation channels shall be sold, leased or otherwise ..... there was any violation of any of the provisions of sub-section (1), (2), (3) or (4) of section 80of the act; or of any bye-law framed by the municipal corporation. it is not disputed that the auction in favour of the respondent no. 1 was validly done but it had to be cancelled subsequently on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP289; 2001(3)MPLJ642
..... that arise for consideration in this writ petition are : whether a mayor while constituting the mayor-in-council under the provisions of m. p. municipal corporation act, 1956 (hereinafter referred to as the 'act') is required to obtain prior consent of a councillor who is to be taken in as a member; and whether after the mayor-in-council is ..... because of some vacancies of membership or any defect in the election or qualification of the mayor or the speaker or presiding authority. in the instant case no act or proceeding of the corporation is called in question. in my considered view the division bench in the case of rajendra singh (air 1971 madh pra 248) (supra) while taking ..... to challenge of the very election of mayor and the deputy mayor. in the case at hand it is vivid that no one has questioned any act or proceeding of the corporation. what is required to be decided whether the mayor-in-council has to become non-functional as a scheduled tribe member has resigned and thereby there .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(2)MPHT24; 2005(1)MPLJ180
..... castes be quashed.3. learned counsel appearing for respondents submitted that in the process of election under section 10 of m.p. municipal corporation act, 1956 (hereinafter referred to as 'act'), steps have to be taken for determination of number and extent of wards. under section 11 reservation of wards has to be done ..... out of the total number of wards determined under sub-section (1) of section 10 of the madhya pradesh municipal corporation act, 1956 and sub-section (1) of section 29 of the madhya pradesh municipalities act, 1961, such number of wards shall be reserved for scheduled castes and scheduled tribes in every municipality the proportion of ..... when the collector declares any ward as unreserved under sub-section (2) of section 11 of the madhya pradesh municipal corporation act, 1956 or sub-section (2) of section 29-a of the madhya pradesh municipalities act, 1961, then such unreservation shall be limited to that election only.(4) at the time of calculation under sub-rules .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP171
..... and functions of the authorities) rules, 1998 (hereinafter referred to as 'the rules') as ultra vires the section 37 of m.p. municipal corporation act, 1956 (act of 23 of 1956) (for brevity 'the act') and further to quash the said rule by issue of appropriate writ, order or direction.2. the facts exposited in the petition are that ..... bench of the apex court ruled thus (para 25) :'notification is not colourable device on the ground that the notification is issued not for the purpose of development of mineral as contemplated by section 9 (3) but entirely for a collateral purpose of compensating the state governments for the loss of cess revenue and for swelling ..... and scheduled tribes as shall bear the same proportion as nearly as possible, as the population of each of these categories within the limits of all the municipal corporations in the state bears to the total population within such limits. section 16 deals with the qualification for election as mayor or councillor. sub-section (2) of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1988MP46; 1988MPLJ392
..... my attention to the provisions, inter alia, of several enactments, such as the madhya pradesh municipal corporation act, 1956, for short, 1956 act, indian electricity act, 1910, for short, the 1910 act and the electricity (supply) act, 1948, for short, the 1948 act.7. the plaintiff/appellant came to court to seek permanent and temporary injunction with the grievance that ..... is an inclusive definition. true, the term 'municipal tax' is defined separately in sub-section (38) and refers explicitly only to 'tax' levied by the corporation under the act, while sub-section (56-a) speaks also of 'toll, cess, fee', but it speaks also of 'other imposts' qualified importantly by the expression 'levied ..... person to put up thereon advertisement boards, can be validly traced and sustained in terms of sections 8 and 87(a) of 1956 act or if the right of the corporation to impose 'advertisement tax' under section 132(2)(1) on such advertisements is sustainable in law, then that right cannot be killed by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1996MP135
..... 'street' and 'public street'. the site is located in gwalior as such the definition given in the m. p. municipal corporation act, 1956 be noticed in this behalf. street is defined in s. 5(55) of the act. this section reads as under:--(55) 'street' means any road, foot way square, court, alley or passage, accessible, whether ..... raising the construction. it is made clear that so far as the present petitioner is concerned, the petitioner has no cause of action and the respondent gwalior development authority would be within its rights to recover the amount of instalments which have fallen due. it is accordingly held that:(i) the petitioner would continue to ..... be achieved either by legislative mandate or by terms of contract under which transfer of rights is made. one such step taken in the right direction by gwalior development authorities respondent no. 1, is being impugned in the present writ petition. the matter is purely contractual. it would have been appropriate for the petitioner to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1988MP264
..... second appeal no. 107 of 1985, decided on 16-10-1986. definition of the term 'street', appearing in section 5(55) of the m. p. municipal corporation act, 1956, for short, the act, was considered by me in laxman singh's case. i had also the occasion to consider the provisions of sections 82 and 83 of the ..... compensation in addition to declaration of his title thereto and permanent injunction restraining the defendant from making further attempt to dispossess therefrom the plaintiff. the case of the corporation was that the land occupied by the chabutara was part of a street which was occupied by the plaintiff.3. the plaintiff examined himself and one witness in ..... at all called upon in that case to consider the provision of section 83 of the act with reference to which decision was rendered in dharam chand (supra) and laxman singh (supra). the decision, therefore, is of no avail to the defendant-corporation.12. in the result, the appealsucceeds but is allowed in part. the judgment and decree .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP74; 2005(1)MPHT421; 2005(1)MPLJ91
..... khasra no. 26 area 2.83 acres situated at kohefija, bhopal. since respondent corporation did not refuse permission within 30 days and hence permission deemed to have been granted under section 295(3) of the m.p. municipal corporation act, 1956 (for short the 'act'), the petitioner in february, 2000 started construction work according to the map submitted vide ..... application dated 18-10-99. on 7-6-2000 the engineering department of the respondent corporation served a notice under section 307 (2) of the act requiring the petitioner to demolish the said ..... or re-erection, shall, unless that land on which it is proposed to erect or re-erect such building belongs to or vests in the corporation, be deemed to have been sanctioned, except in so far as it may contravene any (rule) or bye-law or any town-planning scheme sanctioned under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1996MP154; 1996(0)MPLJ798
..... aforesaid dates were adjourned meetings, it ought to have been convened and presided over by the revenue commissioner, as required under section 28 of the corporation act. section 28 of the corporation act, reads as follows :-- 28. first meeting after general election : (1) the revenue commissioner, or in his absence due to any reason, ..... committee cannot be questioned in an election petition. the relief which can be claimed by the petitioner finds incorporated in section 441-a of the corporation act. section 441-a of the corporation act reads as follows:-- section 441-a. relief that may be claimed by the petitioner. a petitioner may claim :-- (a) a declaration that ..... authorised by law has presided over the meeting. in his submission the whole election has been held in violation of section 28 of the corporation act. 35. section 441-b of the corporation act provides as follows :-- section 441-b. grounds for declaring election of nominations to be void:-- (1) subject to the provisions of sub .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001CriLJ2397; 2001(2)MPHT285; 2001(2)MPLJ180
..... to the municipal commissioner to take final decision in the matter in consultation with the managing director of the energy development corporation. armed with the authority of the state govt., the commissioner of municipal corporation issued letter of intent dated 20-10-1999 to m/s. balaji traders for energy generation from municipal solid ..... on the technical aspect of the lender. state govt. replied to the same and advised the corporation that it should take advise of the energy development corporation on technical issues. state govt. further wrote to the municipal corporation on 11-3-99 that it had invited tenders and hence final decision is to be taken ..... by it. the state govt. in exercise of its power under section 418 of the m.p. municipal corporation act, further directed the municipal corporation to .....
Tag this Judgment!