Judgment Search Results Home > Cases Phrase: manipur municipalities act 1994 section 71 budget Court: delhi Page 1 of about 155 results (0.131 seconds)

Navneet Arora Vs. Surender Kaur and ors.

Court : Delhi

..... manipur municipalities act (43 of 1994 ..... the legislature has taken care to calibrate and balance the interests of the family members of the respondent and mitigated the rigour by expressly providing under the provisio to section 19 (1) that whilst adjudicating an application preferred by the aggrieved person it would not be open to the court to pass directions for removing a female member of the ..... pithily stated, the question arising for the consideration of this court revolves around the interpretation of the term shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005 and if the present case stands squarely covered by the authoritative pronouncement of the supreme court of india reported as (2007) ..... . furthermore, the court took into consideration various provisions of the act, including section 2(s), section 17 and section 19(1)(a) of the said act to conclude that there was no place for proprietary rights in the scheme of domestic violence act as it was an extension of the deeper and profounder principle of women ..... however, at the stage of arguments before the supreme court the said act was in force and consequently the learned senior counsel appearing on behalf of ms.taruna batra invited the attention of the supreme court to the provisions of the said act, in order to contend that the definition of the shared household in terms of section 2(s) of the said act includes a household where the person aggrieved lives or at any stage .....

S.L. Kapoor Vs. Jagmohan, Etc.

Court : Delhi

Reported in : ILR1980Delhi263

..... conclusions :(33) for the above reasons, we sum up our conclusions as follows : (1) the power of the government to supersede the municipal committee under section 238(1) of the punjab municipal act, 1911 can be exercised if (a) facts exist which can be objectively proved to be true or correct; and (b) from which the government can infer that the committee is incompetent, made persistent default or has exceeded ..... 238 of the punjab municipal act, as applied to delhi, section 553 of the bengal municipal act, 1932, and sections 313 and 315 of the maharashtra municipalities act, 1965, do not provide for giving any opportunity to the municipal committee to present its case before it is superseded for incompetence, failure to perform duties or excess ..... opportunity has to be given before disciplinary action is taken against an individual member of the committee (vide sections 16 and 50 of the punjab municipal act, section 62 of the bengal municipal act, and sections 44 and 45 of the maharashtra municipalities act). ..... (28) does the impugned order state the reasons for it as required by section 238(1) of the punjab municipal act ; a basic distinction exists between the facts of a case and the conclusions of law or mixed law and ..... the committee as per rule 11(8) of the municipal account code to its revised budget estimates for 1978-79 and budget estimates for 1979-80. ..... other short-comings it was observed that the budget showed an ad hoc provision for additional staff ..... the budget was scrutinised .....

M.L. Sondhi Vs. Union of India and ors.

Court : Delhi

Reported in : 97(2002)DLT99; 2002(63)DRJ482; 2003(1)SLJ19(Delhi)

..... ascertain whether any 'different intention' existed in that case, the division bench looked into section 14 of the rajasthan town municipalities act and found that it covered all the circumstances in which a member could be removed. ..... industries staff union, : (1976)illj274sc it was submitted before the constitution bench that an award under section 10-a of the industrial disputes act, 1947 savours of a private arbitration and was not amenable to correction under article 226 of the ..... in krishna's case (supra) the hon'ble supreme court had, without any reference to section 16 of the general clauses act, arrived at the verdict that if a person had been appointed for political considerations he could be removed for ..... devi's case (supra) she had been nominated to a town municipality but before she could take the oath of office, her nomination was ..... members do not have the will or authority of any residents of the municipal board behind them as may be present in the case of an elected ..... however solely because of the absence of any rule akin to the above referred section 6 of the nagpur improvement trust act, and the resultant ambiguity, it would still not be possible to grant the petition ..... these complaints included non submission of accounts and budget, the undertaking of a number of new projects without the approval of the council, upgradiation of pay scales of the staff of the council, non observation of quorum and rules, injudicious spending of funds provided by the government resulting .....

N.S. Tewana Vs. Union of India and ors.

Court : Delhi

Reported in : 1994IIAD(Delhi)593; 54(1994)DLT578; 1994(29)DRJ258

..... propositions of law are adequately dealt with in paragraphs 10 and ii, which read as under: '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 necessary implication, it must be considered that the principle audi alteram partem was excluded. ..... (20) the judgment of the supreme court in ram dial and others v.the state of punjab, : [1965]2scr858 dealt with the removal of member in public interest under section 14(e) of the punjab municipalities act, 1911, which did not contemplate hearing before removal of member in public interest whereas. ..... and there is thereforee, no question of any violation of principles of natural justice in not affording any opportunity 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. ..... all that we say is that section 238(1) of the punjab municipal act does not. ..... 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 and seconds. .....

Ram Dev Vs. the Deputy Commissioner and ors.

Court : Delhi

Reported in : 23(1983)DLT2

..... dated 18th june, 1969 of the municipal corporation of delhi (general establishment section): circular it has been observed that requests are being received by the administration from the municipal employees for alteration of their date of birth at the fag end of their service. ..... (7) the first part of the 1969 circular of the municipal corporation of delhi acknowledge the practice of ascertainment of the date of birth by medical examination ..... on 6-4-1981 he was called upon to produce birth certificate from municipal committee or school leaving certificate or a certificate of any hospital. ..... it is a matter of common knowledge that the functions of the said board were taken over by the municipal corporation of delhi as the successor to the said board and the petitioner had become an employee of the municipal corporation of delhi. ..... the 1969 circular of municipal corporation prohibited the practice of ascertainment of the date of birth by medical examination ..... (1) every person newly appointed to a service or a post under government shall at the time of the appointment declare the date of birth by the christian era with as far as possible confirmatory documentary evidence such as a metriculation certificate, municipal birth certificate and so on. ..... but, since the date in the medical certificate was not acted upon and the petitioner made the grievance 26 years after the date of the said certificate, i am of the opinion that some further evidence is advisable in the matter. ..... manipur administration .....

Collector of Customs Vs. Godrej Soap Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)(21)ELT529TriDel

..... shri babu iyer, legal executive of the respondent countered the arguments of shri sundar rajan and submitted that 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. ..... howrah municipality (air 1972 sc 749) in support of his contention ..... 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 different from that of an individual who has to make up his own mind and who can normally be presumed to aware of or familiar with all the relevant factors of the case ..... 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 instituting the proceedings in courts must not carry the impression that they can bank on the ..... s/49-608/84 cl dated 14-6-84 passed by the collector of customs (appeals), bombay, by filing appeal before this tribunal under section 129a(1) of the customs act, 1962. ..... sundar rajan, departmental representative filed certain documents giving justification for the condonation of this delay.according to the explanation submitted the order-in-appeal was received in custom house on 28-7-84 and the refund section sent it to group b on 3-8-84. .....

Onika Mehrotra and Ors. Vs. Govt. of Nct of Delhi and Ors.

Court : Delhi

..... it is relevant to note that the provisions of section 47(1) of the act were amended by virtue of section 41 of the delhi municipal corporation (amendment) act, 1993 and the words who is a councillor were introduced as a qualification of members who could be elected as chairpersons. ..... the respondents to allow the petitioners and other similarly situated nominated members under clause (b) of sub-section (3) of section 3 of delhi municipal corporation act, 1957 to participate and vote in the ensuing elections to the ward committees to be constituted under section 50 of delhi municipal corporation act, 1957. ..... thus, the definition of a member in relation to a municipal corporation as provided under section 2(27) of the act cannot be extended to a member of the standing committee or a wards committee. ..... since article 243r of the constitution of india provided for representation in a municipality of persons having special knowledge and experience in municipal administration without any voting rights, section 3 of the act was amended; the provision for six elected aldermen on the corporation was replaced to provide for nomination of 10 members having special knowledge or experience in municipal administration. ..... governor of delhi) under section 3(3)(b)(i) of the delhi municipal corporation act, 1957 (hereafter the act ) to be represented in the concerned corporation. ..... these bodies are separate municipal authorities as expressly indicated by section 44 of the act. .....

Surender Solanki and Ors. Vs. Govt. of Nct of Delhi and Anr.

Court : Delhi

..... it is relevant to note that the provisions of section 47(1) of the act were amended by virtue of section 41 of the delhi municipal corporation (amendment) act, 1993 and the words who is a councillor were introduced as a qualification of members who could be elected as chairpersons. ..... the respondents to allow the petitioners and other similarly situated nominated members under clause (b) of sub-section (3) of section 3 of delhi municipal corporation act, 1957 to participate and vote in the ensuing elections to the ward committees to be constituted under section 50 of delhi municipal corporation act, 1957. ..... thus, the definition of a member in relation to a municipal corporation as provided under section 2(27) of the act cannot be extended to a member of the standing committee or a wards committee. ..... since article 243r of the constitution of india provided for representation in a municipality of persons having special knowledge and experience in municipal administration without any voting rights, section 3 of the act was amended; the provision for six elected aldermen on the corporation was replaced to provide for nomination of 10 members having special knowledge or experience in municipal administration. ..... governor of delhi) under section 3(3)(b)(i) of the delhi municipal corporation act, 1957 (hereafter the act ) to be represented in the concerned corporation. ..... these bodies are separate municipal authorities as expressly indicated by section 44 of the act. .....

Narender Jain and Ors. Vs. Govt. of Nct of Delhi and Anr.

Court : Delhi

..... it is relevant to note that the provisions of section 47(1) of the act were amended by virtue of section 41 of the delhi municipal corporation (amendment) act, 1993 and the words who is a councillor were introduced as a qualification of members who could be elected as chairpersons. ..... the respondents to allow the petitioners and other similarly situated nominated members under clause (b) of sub-section (3) of section 3 of delhi municipal corporation act, 1957 to participate and vote in the ensuing elections to the ward committees to be constituted under section 50 of delhi municipal corporation act, 1957. ..... thus, the definition of a member in relation to a municipal corporation as provided under section 2(27) of the act cannot be extended to a member of the standing committee or a wards committee. ..... since article 243r of the constitution of india provided for representation in a municipality of persons having special knowledge and experience in municipal administration without any voting rights, section 3 of the act was amended; the provision for six elected aldermen on the corporation was replaced to provide for nomination of 10 members having special knowledge or experience in municipal administration. ..... governor of delhi) under section 3(3)(b)(i) of the delhi municipal corporation act, 1957 (hereafter the act ) to be represented in the concerned corporation. ..... these bodies are separate municipal authorities as expressly indicated by section 44 of the act. .....

North Delhi Municipal Corporation and Ors. Vs. Onika Mehrotra and Ors ...

Court : Delhi

..... one-half of the members referred to in clause (i) of subsection (1) and one-half of the members referred to in clause (ii) of that sub-section shall retire on the expiration of one year from the date of the constitution of the standing committee after the commencement of the delhi municipal corporation (amendment) act, 19993, and for that purpose they shall be selected by lot from amongst their respective categories before the said expiration in such manner as the ..... with effect from june 01, 1993, necessitating corresponding amendments to be made in the act and that the administrator of the union territory of delhi could nominate, to the three corporations which exist in delhi, ten persons not less than twenty five years of age who had special knowledge or experience in municipal administration, and that by virtue of section 50 of the act these nominated persons would become members of the wards committee if the name of the ..... legislature of each state to make laws in conformity with the constitutional scheme, it would be open to the legislature of a state to curtail the rights of these nominated members in relation to the working of the municipalities and section 45 of the act is clear that any member of the wards committee can be represented on the standing committee. ..... single judge has fortified his reasoning with reference to section 44 of the act by highlighting that standing committees and wards committee are municipal authorities under the corporation and are bodies under the .....