Court : Mumbai
Reported in : (1952)54BOMLR451
..... chapter viii deals with the recovery of municipal ..... other particular which the form of making out such rate shall require to be set forth, contain an account of every particular set forth at the head of the respective columns in the form given in the schedule to this act annexed, so far as the same call be ascertained; and the churchwardens and overseers, or other officers whose duty it may be to make and levy the said rate, or such a number of the said church wardensand overseers ..... chapter vii deals with municipal taxation and the two topics with which we are directly con-corned are 'imposition of taxes,' whioh is dealt with by sections 73 to 77a and 'assessment of the liability to rates on buildings or lands,' which is covered by sections 78 ..... on the other hand, we cannot ignore the fact that the municipality are exercising their right of taxing the property of their citizens, and in matters of taxation the taxing authorities must scrupulously comply with the obligations imposed upon them by the statute under which they derive authority to levy the ..... the meeting decided that the rules of altered taxation should be published for the information of the ..... , it is common ground that in substance the rules framed were the same as they had been in force since 1939 except for the increase made in the taxation under different heads. ..... from the citizens were accordingly co-opted by nomination made by the president and this larger sub-committee mot to consider the proposed rules for taxation. mr. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1974Guj209; (1975)GLR103
..... chapter viii in gujarat municipalities act, 1963 deals with municipal taxation section 99 empowers a municipality to impose any of the taxes specified therein for the purposes of the said act subject to any general or special orders which the state government may make in that behalf and also subject to the provisions of sections 101 and ..... from the director of municipalities to all municipalities in the state are void, ill1egal and ultra vires sections 105 and iii of the gujarat municipalities act, 1963. mr. ..... rajkot municipality is constituted and functioning under the gujarat municipalities act, 1963 ..... 'sub-section (3) thereof, inter alia, provides as under: - 'for the purpose of preparing such assessment list the chief officer or any person acting under his authority may inspect any building or land in the municipal borough and on the requisition of the chief officer the owner or occupier of any such building or land shall, within such reasonable period as shall be specified in the requisition, be bound to furnish a true return, to the best of ..... sub-section (3) of section 105 provides as follows: -'for the purpose of preparing such assessment list the chief officer or any person acting under his authority may inspect any building or land in the municipal borough and on the requisition of the chief officer the owner or occupier of any such building or land shall, within such reasonable period as shall be specified in the requisition, be bound to furnish a true return, to the best of .....
Tag this Judgment!Court : Delhi
Reported in : 1997IIAD(Delhi)88; 65(1996)DLT257; 1997(40)DRJ738
..... (2) for the sake of convenience, hereinafter the punjab municipal act, 1911 and new delhi municipal act, 1994 shall be referred to respectively as the `old act' and the `new act'. ..... '(10) three things are to be pertinently noted : '(i)that inspire of the ndmc act, 1994 having repealed the punjab municipal act, 1911, there is no specific provision transferring the pending appeals to the district judges or providing for pending appeals to be dealt with according to the provisions of new act; (ii) that the provision as to deposit of the impugned demand as contained in section 116 of the new act has not been expressly made applicable to the pending appeals so as to require deposit as a condition precedent to the ..... during the hearing of this petition, the learned counsel for the parties have addressed the court on the following questions :- '(i)witheffect from the date of coming into force of the provisions of the ndmc act, 1994 whether the appeals would be governed by this act or the predecessor act namely the punjab municipal act, 1911? ..... appeal there against shall lie to the court of the district judges of delhi or new delhi as the case may be under section 115(1) though the assessment was initiated and made under chapter v of the punjab municipal act, 1911. ..... it is not disputed that the assessment in question was made under chapter v of the punjab municipal act, 1911. ..... chapter viii of this act makes provision for taxation. ..... 25.5.94 came into force the new delhi municipal council act, 1994. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom244
..... the order of supersession, it may be remembered, very seriously affects the members of the committee concerned and incidentally also the electorates who have duly elected the municipal councillor i am not unmindful of the fact that the punjab municipal act was enacted apparently in pursuance of the policy of developing local self governing institutions as a part of the larger policy of establishing in this country democratic government by elected representatives and ..... the order passed by the state government dated 1-12-1973 under section 313 of the maharashtra municipalities act, 1965 and published in extraordinary gazette dated 1st of december 1973 and incorporated in annexure f to ..... was proposed to be taken read as under:'it has been reported to government that malkapur municipal council in buldana district, (1) is not competent to perform duties imposed upon it by or under the maharashtra municipalities act, 1965, or any other law for the time being in force, as mentioned in annexure ..... chapter xxiii provides for the control over the administration and working of the municipal council, section 313 deals with the competency or incompetency acts or omission of the municipal ..... chapter iii of the act deals with the duties and functions of the municipal council and municipal executive including the obligatory duties and discretionary functions of the municipal ..... chapter xxiii, in which section 313 appears, then deals with control over the municipal council constitution under the act .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom39; 2002(1)ALLMR818; 2001(3)BomCR285; 2001(3)MhLj339
..... it, therefore, implies that the powers under section 313 of the municipalities act are not invoked at the first instance and they are required to be invoked after all other measures, as stipulated under chapter xxiii have failed and the municipal council refuses or persistently fails to correct itself in discharge of its duties under the act. ..... the state government is under obligation to have a close supervision and watch over the affairs of the municipal council through the chief officer, the collector as well as the director of municipal administration, as is contemplated under chapter xxiii of the municipalities act. ..... he has further contended that the impugned order has been passed by following the procedure as laid down under section 313 of the municipalities act and it does not suffer from any infirmities, the councillors were given adequate opportunity by issuing a show cause notice addressed to the president, who, in turn, ought to have placed the show cause notice before ..... this necessity of reasonable opportunity of being heard was incorporated by maharashtra act 41/1994 and after the judgment of this court in the case of malkapur municipal council : air1977bom244 (supra). ..... (viii) in a democratic society it is of the essence that democratic institutions which are part and parcel of the scheme of decentralisation of power are allowed to function and not superseded on charges inadequately brought home or unreasonably accepted. 15. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker246; 2003(1)KLT658
..... thus, they did not full fill the qualification as laid down in section 85(f) of the kerala municipality act, 1994. ..... the petitioner alleges that while filing the nomination papers the elected councillors had subscribed to an oath which did not conform to the second schedule of the kerala municipality act, 1994. ..... chapter viii of the kerala municipality act deals with the conduct of elections ..... still further, relying upon the provisions of section 163 of the kerala municipalities act, it has been pointed out that an election petition is the appropriate ..... section 85 of the kerala municipal act lays down the condition of eligibility for a ..... it was not even suggested, and we think rightly, that the office of a municipal councillor would not fall within the ambit of a 'public office', a person who occupies the office of a councillor without being qualified is a ..... , a candidate for election as a member in ward no.........of the........................municipality do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established, and that if elected i will duly and faithfully and to the best of my ability, ..... counsel for the parties are agreed that the provisions of the kerala panchayat raj act, 1994 are in pari materia with the provisions of the kerala municipality act, 1994. ..... since the 1994 act prescribes a specific remedy, the petitioner is not entitled to resort to the proceedings under article 226 of the constitution .....
Tag this Judgment!Court : Kerala
Reported in : 2004(2)KLT251
..... petitioners have yet another valid-contention also : section 410 of the kerala municipality act, 1994, enabling the government to grant exemption has been deleted with effect from 24.3. ..... of the building should not make any harm to the safety of the neighbouring residences and should satisfy section 410 of the kerala municipality act, 1994.5. ..... the petitioners against ext.p1 (a) government order is that the same has been issued without referring to the relevant matters, which, the government are bound to consider in the light of section 410 of the kerala municipality act, 1994. ..... them,ext.p1(a) has been issued without adverting to any of the relevant matters liable tobe considered under section 410 of the kerala municipality act, 1994. ..... after the repeal of section 410 of the kerala municipality act and the kerala building rules, 1984, ext.p1(a) order cannot survive ..... of this submission, reliance is placed on the repeal of section 410 of the kerala municipality act and rule 5 of the kerala building rules, 1984. ..... power of government to grant exemption : notwithstanding any thing contained in this act and the rules made thereunder, the government may, by order, for reasons to be stated therein, exempt the construction of any building from all or any of the provisions of this chapter or the rules made thereunder subject to such conditions or restrictions as may be specified in such order:provided that while granting exemption, the government shall have due regard to the right of privacy, .....
Tag this Judgment!Court : Delhi
Reported in : 2007(2)CTLJ179(Del)
..... the new delhi municipal council act, 1994 provides for a taxation on advertisements other than newspaper advertisements in section 60(1)(d) of the statute ..... the municipal corporation of delhi (the mcd) constituted under the delhi municipal corporation act, 1957 (delhi act) and the new delhi municipal corporation act, 1994 (new delhi act) are wholly remiss in the discharge of their duties under ..... the delhi municipal act was enacted in the year 1957 for the purposes of consolidating and amending the law relating to the municipal government of delhi.section 2(57) defines a public street thus:section 2(57): 'street' includes any way, road, lane, square, court, alley, gully, passage, whether a thoroughfare or not and whether built upon or not, over which ..... view of the stand taken by the two defendants who have appeared today and the issues raised, a direction is issued to the chief secretary of government of nct of delhi to convene and chair a meeting in which the commissioner, municipal corporation of delhi; vice chairman, dda; general manager, northern railways; chairman, dmrc; chairperson ndmc; secretary, transport; chairman, dtc and dcp, traffic shall participate. ..... as on 17th november, 2005, they only made a presentation on the chapter headings of the proposed report and outlined the direction in which they were ..... is thereforee well settled that a judgment has to be construed in the context of the facts and contentions raised before the court (ref: 2003 viii ad sc 468 kesar devi v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR501
..... and menace caused by stray dogs, resort can be had to the provisions of sub-section (3) of section 11 of the prevention of cruelty to animals act, 1960 and the relevant provisions of the bombay/maharashtra & goa municipalities acts and other enactments, and whether inspite of the aforesaid provisions of section 11(3) of the prevention of cruelty to animals act and other acts referred to above, the killing of dogs has to be totally prohibited, the learned counsel mrs.norma alvares has firstly referred to articles ..... . in support of his contention he has stated that it is evident from the fact that the municipal corporation had itself stopped the mass killing of stray dogs and adopted the dog birth control program in 1994, even before this court's order dated 5th october, 1998 ..... owner. apart from the other definitions,, clause (h) of section 2 defines the term 'prescribed' which means prescribed by rules made under the act of 1960.148.1 chapter ii consists of sections 4 to 10 and they deal with establishment of animal welfare board of india (for short, 'the board'), its constitution, term of office and conditions of service of members of the board, appointment of a secretary and other employees ..... . the learned counsel has further contended that the mcgm has killed 4,49,568 stray dogs between 1984-1994, and despite the killing of such a large numbers of stray dogs, the human rabies deaths in mumbai did not reduce and averaged at around 50 per year for the period 1988-1993 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
..... municipal corporations act, 1994 (act 25 of 1994 ..... municipalities act, 1965 (the act, for brevity), the visakhapatnam municipal corporation act, 1979 (vizag act, for brevity), the vijayawada municipal corporation act, 1981 (the vmc act, for brevity) ..... municipal corporation act, 1994 (corporations act, ..... municipal corporation act, 1994 read with rule ..... municipal corporation act, 1994 and section 23 ..... section 5 of the municipalities act says that the municipal council shall be constituted in each municipality and shall consist of such number of elected members as may be notified from time to time ..... andhra pradesh in exercise of powers under sub-section (1) of section 326 read with clause (a) of sub-section (1) of section 10 of the municipalities act has made the rules known as a.p. ..... in the affidavit are similar to the one in wp no.955 of 2000, but the petitioner also averred that in ranga reddy district, tandur municipality has a backward class population of 18,859 (41.43% of the total population) whereas in vikarabad municipality, the backward class population is 13,032 (34.65%) and, therefore, tandur municipality ought to have been reserved following the amended rule 7, which says that any reservations made in the earlier elections will have to be ignored ..... report of mandal commission, 1980 (which was in a way subject matter of indira sawhney case) in chapter xii of the report in para 12.22 estimated obc population at 52% , which is 'derived' figure. ..... (viii) the impugned notification ..... viii .....
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