Court : Delhi
Reported in : ILR1980Delhi263
..... action is taken under section 53a was rejected.(5) a somewhat similar contrast between the two kinds of statutory provisions exists in the punjab municipal act, the bengal municipal act and the maharashtra municipalities act. in each of them opportunity has to be given before disciplinary action is taken against an individual member of the committee (vide sections ..... came to the conclusion that these actions amounted to incompetence, persistent default and abuse of power within the meaning of section 238(1) of the punjab municipal act. it is settled law that the formation of such opinion on the circumstances objectively proved was in the discretion of the state government. the exercise of ..... was not accepted. he relied firstly on abdul latif nomani v. commissioner gorakhpur, : air1968all44 . in that case section 40(4) of the u.p. municipalities act required a show cause notice only against the proposed action, namely, the penalty. it did not refer to the giving of hearing for the proof of the .....
Tag this Judgment!Court : Delhi
Reported in : 19(1981)DLT266
..... exercise of the powers conferred by sub-section (6) of section 4 of the punjab municipal act, 1911 was pleased to declare the area mentioned therein to be a municipality of the second class under the punjab municipal act. d. b. singh, clerk of the municipal corporation of delhi appeared as a.w. 11. he brought with him the plans of ..... all the municipalities which were there before the municipal corporation of delhi came into being. ex. aw. 4 ..... premises. the appellant further pleads that the house alleged to have been constructed by him had not been under the jurisdiction of the municipal corporation of delhi and that the delhi rent control act, 1958 had not been extended to the area where the said house is situated. he further pleads that the premises were let for .....
Tag this Judgment!Court : Delhi
Reported in : 21(1982)DLT410; ILR1982Delhi836
..... of the plaintiff-appellants has been dismissed on the of ground that it was barred under the provisions of section 86 of the punjab municipal act (punjab act no. ill of 1911), hereinafter called the act. (4) the plaintiffs, s. khushwant singh and brg. gurbux singh filed a suit for a decree for perpetual injunction restraining the respondent ..... the defendant committee is illegal and without jurisdiction as alleged 2. whether the suit of the plaintiff is barred by the provisions of -section 86 of the punjab municipal act 3. relief. (18) in support of its case the plaintiffs examined shri himmat singh (pw 1) while the defendants examined shri raj narain garg, statistical ..... forbids in clear terms the person aggrieved by an assessment from seeking his remedy in any other forum or in any other manner than that provided in the municipal act'. '24. it is well recognised that where a revenue statute provides for a person aggrieved by an assessment there under, a particular remedy to be sought .....
Tag this Judgment!Court : Delhi
Reported in : 23(1983)DLT2
..... date of birth is not rejected by the corporation on the ground that 'the petitioner has deliberately failed to produce the hospital certificate or the certificate from the municipal authorities. again his claim is not rejected on the ground that the medical certificate is not genuine. the rtspondent have stated in the counter-affidavit that the ..... reliable. he has relied upon moti lal v. emperor : air1939all701 . nathu and another v. emperor, a.t.r. 1931 lah 401 and laimayum tonjou singh v. manipur administration. air 1962 man 5. he distinguishes the supreme court judgment reported in 1980 (2) s.l.r. 513 on the ground that the medical examination in the ..... or seal cannot be utilised by the respondents for challenging the genuineness of the said certificate after 30 years. this was prohibited by section 90 of the evidence act. (4) for appreciating the submissions of the parties, the relevant provisions of law and administrative instructions may now be noted. rule 79 of the general financial .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1985)(21)ELT529TriDel
..... the expression "sufficient cause" within the meaning of section 5 of the limitation act cannot of construed too liberally merely because the party in default is government. he cited a decision of the supreme court in the case of state of west bengal v. howrah municipality (air 1972 sc 749) in support of his contention. he further submitted ..... similar circumstances is not to be shown to an individual suitor. he also drew our attention towards a decision of the manipur high court in the case of union of india v. chingangbom indra (air 1970 manipur 32) in support of his contention that the government officers charged with the double duty of taking the decision and ..... but one has to take a practical view of the working of government without being unduly indulgent to the slow motion processes of its wheels. though the limitation act does not make any distinution between government and private individual in the matter of condonation of delay under section 5, yet its case can be said to be .....
Tag this Judgment!Court : Delhi
Reported in : 1994IIAD(Delhi)593; 54(1994)DLT578; 1994(29)DRJ258
..... to the nominated members before their removal nor the removal under the pleasure doctrine contained in the fourth proviso to section 9 of the united provinces municipalities act, 1916 puts any stigma on the performance and character of the nominated members. the challenge to the constitutionality of pleasure doctrine incorporated under fourth ..... the learned attorney general where there would not be enough breathing time to observe natural justice, at least in a rudimentary way. a municipal committee under the punjab municipal act is a public body consisting of both officials and non officials and one cannot imagine anything momentous being done in a matter of minutes ..... one of the submissions of the learned attorney general was that when the question was one of disqualification of an individual member, section 16 of the punjab municipal act expressly provided for an opportunity being given to the member concerned whereas section 238 (1) did not provide for such an opportunity and, so, by .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1997)(89)ELT712TriDel
..... achar v. madras state, [(1954) 1 m.l.j. 102 : a.i.r. 1954 mad. 563] reservation of seats to particular communities under the madras city municipalities act (act 4 of 1919) was questioned as unconstitutional, being opposed to the provisions of arts. 14 and 15 of the constitution. one of the grounds upon which the bench ..... decision or order of an officer below the rank of collector (now commissioner) lies to collector (now commissioner) (appeals) as apparent from section 128 of the customs act, and an appeal against an order of collector (now commissioner) or collector (commissioner) (appeals) lies to the tribunal as evident from section 129.4. the applicants ..... present appeals are clearly not maintainable. the rulings cited by the ld. counsel is under civil procedure code, which proviso does not apply to the appeal proceedings under the customs act." 5. in para 7, the tribunal examined the ratio of the judgments of the delhi high court rendered in the case of hindustan photo films mft. co .....
Tag this Judgment!Court : Delhi
Reported in : 2000IVAD(Delhi)104; AIR2000Delhi320; 2000(54)DRJ415
..... or otherwise of a no-confidence motion for removal of a president, would have to be examined on applicability of statutory provision and not on political philosophy. the municipality act provides in detail the provisions for election of president, his qualifications, resignation, removal etc. constitutional validity of these provisions was not challenged, and rightly, as ..... rai bareilly wherein this court was dealing with the provisions contained in sub-section (2) of section 87-a of the u.p. municipalities act, 1916 which empowered the members of a municipal board to remove the president who was directly elected by the electorate by moving a motion of no confidence. the validity of the ..... upon the general law of corporations as stated in halsbury's laws of england. we think we ought to go ordinarily by the provisions of the act. the municipal board is a creature of statute and it can have only such powers as are conferred upon it by the statute either expressly or by necessary implication .....
Tag this Judgment!Court : Delhi
Reported in : [2000]110TAXMAN89(Delhi)
..... or otherwise of a no confidence motion for removal of a president would have to be examined on applicability of statutory provision and not on political philosophy. the municipality act provides in detail the provisions for election of president, his qualifications, resignation, removal, etc. constitutional validity of these provisions was not challenged, and rightly, as ..... rai bareilly wherein this court was dealing with the provisions contained in sub-section (2) of section 87-a of the u.p. municipalities act, 1916 which empowered the members of a municipal board to remove the president who was directly elected by the electorate by moving a motion of no confidence. the validity of the ..... upon the general law of corporations as stated in halsubry's laws of england. we think we ought to go ordinarily by the provisions of the act. the municipal board is a creature of statute and it can have only such powers as are conferred upon it by the statute either expressly or by necessary implication .....
Tag this Judgment!Court : Delhi
Reported in : 2000VAD(Delhi)169; 86(2000)DLT99; 2000(54)DRJ124
..... the voting. the resolution, as we have discussed in paragraph supra, has to be passed in accordance with section 48 of the gujarat municipalities act. the statutory duty which is to be performed by the municipality, as envisaged by the statute, becomes enforceable only if it is passed by the majority of two-third of the total number of ..... the then councillors. admittedly the members present and voted for the resolution satisfies the requirement of section 48 of the act. such a statutory duty to be ..... the proceedings. 20. the principle laid down by the gujarat high court cannot be applied to the instant case because the municipality consisted of a large number of persons and the voting process adopted by the municipality cannot be applied to a decision of the committee. the head mistress of the school, who was a witness before .....
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