Judgment Search Results Home > Cases Phrase: the punjab municipal amendment act 2012 Court: kolkata Page 1 of about 297 results (0.167 seconds)

In Re: Sankar Das Paul and ors.

Court : Kolkata

Reported in : (1989)2CALLT379(HC),94CWN233

..... the bengal municipal act, as amended by the bengal municipal (amendment) act of 1980 reads as follows :'notwithstanding anything contained in section 552, if, in the opinion of the state government there has been misappropriation of municipal fund on account of the incompetency of the commissioners to perform, or their persistent default in the performance of the duties imposed on them by or under this act or by any other law, or where more than two-thirds of the total number of commissioners holding office for the time being have, for any reason, resigned, or 'where, in the opinion of the state government, there is mismanagement in the affairs of the municipality, the ..... has urged that supreme court in that decision which is a case of supersession of a municipality under section 238(1) of the punjab municipal act has also clearly ruled that the principle of natural justice has to be followed. ..... there before the three bench division of supreme court the learned attorney-general also submitted that section 238 of the punjab municipal act did not contemplate and did not require that any opportunity should be given to the commissioner before an ..... section 238 of the punjab municipal act there was no specific provision for affording any opportunity to show cause before any order of supersession of municipality is passed, ..... 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 .....

Commissioner of Income-tax Vs. Prabhabati Bansali

Court : Kolkata

Reported in : (1982)29CTR(Cal)15,[1983]141ITR419(Cal)

..... delhi was fixed in 1941 under the new delhi house rent control order, 1939, and that fixation continued to be valid notwithstanding the repeal of the control order, even after the delhi rent control act 59 of 1958 came into force, the fair rent determined the standard rent which still effected the assessment of rates of the house in question for fixation of rates for assessment of house tax under the punjab municipal act, notwithstanding the fact that the landlord was deriving at the time of fixation a much higher ..... be regarded as having received legislative approval, for, we find that by section 6 of the taxation laws (amendment) act, 1975, sub-section (1) of section 23 has been amended and it has now been made clear by the introduction of clause (b) in that sub-section that where the property is let and the annual rent received or receivable by the owner in respect thereof is in excess of the sum for which the property might reasonably be expected to let from year to year, the amount so received or receivable shall be deemed to be the annual value of the property. .....

Commissioner of Income Tax Vs. Hemraj Mahabir Prasad Ltd.

Court : Kolkata

Reported in : (2005)199CTR(Cal)105,[2005]279ITR522(Cal)

..... now, this was a decision given on the interpretation of the definition of 'annual value' in the delhi municipal corporation act, 1957, and the punjab municipal act, 1911, for the purpose of levy of house tax, but it would be equally applicable in interpreting the definition of 'annual value' in sub-section (1) of section 23 of the it act, 1961, because these definitions are in identical terms and it was impossible to distinguish the definition of that term in the delhi municipal corporation act, 1957, and the punjab municipal act, 1911. ..... this interpretation which we are placing on the language of sub-section (1) of section 23 of the it act, 1961, may be regarded as having received legislative approval for, we find that by section 6 of the taxation laws (amendment) act, 1975, sub-section (1) of section 23 has been amended and it has now been made clear by the introduction of clause (b) in that sub-section that where the property is let and the annual rent received or receivable by the owner in respect thereof is in excess of the sum for which the property might reasonably be expected to let from .....

Abhishek Karnani Vs. Kolkata Municipal Corporation and Ors.

Court : Kolkata

..... (supra) has considered the provisions of the kolkata municipal corporation act, 1980 and the interest act, 1978 and is of the view that the provisions of the interest act, 1978 are attracted and that under section 4(2)(a) of the interest act, 1978 an assessee is entitled to interest on refundable tax. ..... such writ petition was disposed of by an order dated october 23, 1997 which had directed the writ petitioner to deposit the full amount of the tax assessed to prefer an appeal from the order of the hearing officer before the municipal appellate corporation authority act, established 1980 being under municipal the kolkata assessment tribunal. ..... of larsen and toubro limited (supra) as a precedent in this case for the following reasons:a) in the said case, writ application having been filed claiming interest only after the corporation refunded the excess money, the court had no occasion to consider the defense of the corporation in this case that in a given case, the corporation can refuse to refund excess money and claim set-off: whereas in the present case, the petitioners have prayed for refund of excess money after adjustment and ..... mr.dutta has urged that the amendment to section 197 of the act of 1980 would demonstrate that prior to such amendment, interest was payable by the corporation on delayed refund of property tax. ..... ) (state of punjab v. .....

Ganesh Chandra Mukherjee Etc., Etc. Vs. National Textile Corporation a ...

Court : Kolkata

Reported in : (1983)ILLJ244Cal

..... . in the said decision, the supreme court has held that although opportunity of hearing as provided for in section 16 of the punjab municipal act has not been expressly given in 5.238(1) of the punjab municipal act empowering the concerned authority to supersede a municipal committee before its full term, the principle of natural justice is still attracted and as the municipal committee has certainly right to serve for the complete term unless superseded, the principle of audi alteram partem is applicable before taking any action of supersession under section 238(1) of the punjab municipal act. mr ..... sengupta submits that the said national textile corporation limited may be a 'state' within the meaning of article 12 of the constitution of india because of the instrumentality or the agency of the government, but the provisions of part ii of the constitution of india and also the provisions of article 311 of the constitution are not attracted to the company or to a 'state' within the meaning of article 12 of the constitution if the same is not state in its ordinary connotation. ..... . it was also stated that the petitioner could also be governed by the rules, regulations and other service conditions prescribed and presently applicable to the employees of the corporation and as amended/altered/revised from time to time .....

Ram Kishore Sen and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR1965Cal282

..... by and under this amendment, 'appointed day' means such date as the central government may, by notification in the official gazette appoint as the date for the transfer of territories, to pakistan in pursuance of the 'indo-pakistan agreements' which mean the agreements dated the 10th day of september 1958, the 23rd day of october 1959 and the 11th day of january 1960, entered into between the government of india and pakistan; the relevant extracts of which are set out in the second schedule to the ninth amendment act 1960. ..... the word 'state' is defined in section 3(58) of the general clauses act (act 10 of 1897) as follows:'state-- (a) as respects any period before the commencement of the constitution (seventh amendment) act 1956, shall mean a part a state, a part b state or a part c state, and(b) as respects any period after such commencement, shall mean a state as specified in the first schedule to the constitution and shall include a union territory ..... an 'adverse' claim for creating title in land by prescription must, even under municipal law, be open and hostile and at best continue uninterruptedly for twelve years. ..... june 30, 1947, the governor general made an announcement that it had been decided that the province of bengal and punjab shall be partitioned. ..... on june 30, 1947 the governor general made an announcement that it had been decided that the province of bengal and punjab shall be partitioned and a boundary commission was appointed under the chairmanship of sir cyril .....

M/S. Rose Valley Real Estates and Constructions Ltd. and anr.Securitie ...

Court : Kolkata

..... he has relied on the statement of objects and reasons dated december 16, 1999 appended to the companies (second amendment) bill, 1999; the provisions of s.55a of the companies act, 1956; reg.36 of the securities and exchange board of india (collective investment schemes) regulations, 1999 (hereinafter referred to as the regulations); and several provisions of the act. ..... the jalgaon municipal council & ors. ..... state of punjab & anr. ..... his further submissions are that since the board passed the order solely on the basis of the information revealed by the documents the company submitted from time to time in response to the enquiries made by the board and the provisions of s.11(4) of the act gave the board a discretion to decide when the opportunity of hearing would be given, there is no reason to say that the order is vitiated by violation of the principles of natural justice, for, on the facts, the board, yet to receive response to its last enquiry, decided to give the company opportunity of hearing after passing an interim .....

Patton Estates Pvt. Ltd. and 26 ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2003)3CALLT434(HC)

..... section 82 of the calcutta improvement act, 1911 says that the duty imposed by the indian stamp act, 1899, on instruments of sale, gift and usufructuary mortgage, respectively, of immovable property shall, in the case of instruments affecting immovable property situated in the calcutta municipality and executed on or after the commencement of this act be increased by 2% on the value of the property so situated, of (in the case of an usufructuary mortgage) on the amount secured by the instrument, as set forth in the instrument. ..... should be made in accordance with the policy and object of the statute which are as follows:(a) a statute should be construed in a manner to carry out the intention of the legislature;(b) the intention is best declared by the words themselves;(c) even modification or contradiction of language of the legislature is permissible in order to secure the intention;(d) even the words can be regarded as surplusage;(e) the intention of the legislature must be discovered from the words of the statute;(f) if the words are ambiguous the policy of the legislature, the scope and object of the statute and various rules and presumptions of ..... therefore, if the valuation increases proportionately with the valuation of the different areas as per the inspection under state amended indian stamp act then the uniform rate as per the calcutta improvement act within the prescribed area of the city cannot be uniform. ..... ) and : air1998sc537 (the state of punjab and ors. v. .....

Jagmohan Dalmiya Vs. the Board of Control for Cricket in India and ors ...

Court : Kolkata

Reported in : AIR2008Cal227

..... the privy council held that even though the articles had not been signed by the shareholders, the articles having been registered, acted upon, amended and added to by the shareholders and the business of the company having been carried as per the regulations contained therein for nineteen years without any objection, it could be inferred that the shareholders had accepted and adopted the articles as the valid and operative articles of the company.90. mr. ..... members filed any complaint regarding the misappropriation of any amount nor any query was raised by the complainant who was a member of the bcci during the period of last 10 years in any of the meetings of the working committee, finance committee or general body regarding the operation of the account by shri dalmiya..if the chronology of events and the facts and material which is placed on record is taken into consideration, prima facie, in my view, it is established that the allegations made in the complaint and the material which is placed on record ..... state of punjab reported in : [1963]2scr774 iii) cheeranthoodika mariakutty amma reported in : [2000]1scr725 iv) calcutta municipal corporation v. ..... bindra being reimbursed telephone charges in respect of telephones standing in the name of punjab state handloom textile corporation ltd. ..... in the case of municipal board, sitapur v. .....

Subodh Kumar Bose Vs. Commissioner of Krishnanagar Municipality

Court : Kolkata

Reported in : AIR1956Cal393

..... is it permissible for a voter in a municipal election to abstain from taking the steps that are required under the rules and then straightway come before the appellate authority, namely, the district magistrate and succeed in altering or amending the final electoral roll simply on the ground that he was a voter duly qualified to have his name entered in such roll?6. ..... the position therefore is as follows: the petitioner did not follow the procedure laid down, in the said act or the rules framed thereunder, for challenging the accuracy of the preliminary or the final electoral roll, but straightway came up before the learned magistrate under section 529a of the said act. ..... in this case the point involved is about the interpretation of section 529a, bengal municipal act, 1932. ..... the bengal municipal act provides in section 21 as to how the electoral roll has to be prepared and published. ..... the first question is whether the learned magistrate was right in holding that inasmuch as the petitioner had not proceeded under rule 8 of the rules framed under the act, he had no jurisdiction to entertain the appeal. ..... the right of appeal having been given by a section in the act, could not be affected or taken away by the rules, in using the word 'entertain' the learned magistrate committed an error because that could only mean that he was doubting his own jurisdiction. .....