Judgment Search Results Home > Cases Phrase: the punjab municipal amendment act 2012 Page 6 of about 30,807 results (0.743 seconds)

Indian Oil Corporation Ltd. Vs. Commissioner, Jalandhar Division and a ...

Court : Punjab and Haryana

Reported in : (1997)115PLR545

..... 3 of 1949 still he was duty bound to make a notional fair rent assessment before finalising the assessment and by not doing so, the assessing authority as well as the appellate authority committed a patent illegality by violating the provisions of section 93 of the punjab municipal corporation act, 1976 and therefore, the impugned assessment orders and the appellate orders are liable to be quashed. ..... impugned annexures of each of the writ petitions are hereby set aside and directions are given to the respondents to determine the house-tax as per the provisions section 93 of the punjab municipal corporation act, 1976 and in the light of the observations made by this court in this judgment. ..... section 93 of the punjab municipal act, 1976 lays down as follows:-determination of rateable value of lands and buildings assessable to taxes: subject to the rules, if any, made by the state government in this behalf, the rateable value of any land or building assessable to taxes specified in section 91 shall be:(a) in the case of land, the gross annual rent at which it may reasonably by expected to let: (b) in the case of any building, the gross annual rent at which such building, together with its appurtenances and any furniture that may be let for ..... objections were filed to the proposed amendment. .....

Yogendra Pal and Others Vs. Municipality, Bhatinda and Another

Court : Supreme Court of India

Reported in : AIR1994SC2550; JT1994(4)SC376; (1995)109PLR338; 1994(3)SCALE296; (1994)5SCC709; [1994]Supp1SCR693

..... this judgment will not prevent the respondent-state governments from suitably amending section 192(1)(c) of the punjab municipal act and section 203(1)(c) of the haryana municipal act as the case may be, and making appropriate provisions in the statutes on the lines of the enactments prevailing in other states for making the town planning scheme such as the bombay town planning act, 1954.15. ..... hence, while we hold that the provisions of section 192(1)(c) of the punjab municipal act, 1911 and of section 203(1)(c) of the haryana municipal act, 1973 being violative of article 14 of the constitution are void with effect from the date of this judgment and set aside the impugned decision of the high court, we for the reasons already stated, in the peculiar facts of these cases, dismiss the appeals and the writ petition.in the facts and circumstances, however, we direct that the respondent-municipal committee in c.a. no. ..... thus, according to the high court, even before the enforcement of the indian constitution on 26th january, 1950 the provisions of the punjab municipal act, 1911 were applicable to the territories which fell within the jurisdiction of the muncipal committee, bhatinda and hence the provisions of section 192[l](c) being the 'existing law' were saved by article 31[5] of the constitution and were not hit by article 31[2] thereof as they stood then.4. .....

New Delhi Municipal Committee Vs. the State of Andhra Pradesh

Court : Delhi

Reported in : AIR1976Delhi1

..... on an examination of the legislative history of the punjab municipal act, 1911, its extension to the union territory of delhi by virtue of central enactments from time to time, the scheme of the constitution of india with regard to the distribution of legislative powers between the states and the union and provisions of articles 246(4) and 289(1) of the constitution of india, we came to the conclusion that by virtue of the extension of the said act to delhi in exercise of the power conferred by the central enactments, the punjab municipal act, 1911 had become a central act as if made by parliament under clause (4) of article 246 of the constitution of india; that union ..... on the subsidiary question, whether the expression 'state' in clause (4) of article 246 of the constitution of india included the union territory of delhi, we found that prior to its amendment by the constitution (seventh amendment) act, 1956, clause (4) of article 246 of the constitution of india empowered parliament to make laws with respect to any matter for any part of the territory of india not included in part a, or part b of the first schedule: that under the scheme of the constitution, prior to the said act, union territories did not figure in the constitution. .....

M.C.D. and Anr. Vs. M/S. Mehrasons Jewellers (P) Ltd.

Court : Supreme Court of India

..... in this act, as amended by the delhi municipal corporation (amendment) act, 2003, a tax on vacant land or covered space of building or both, levied under this act immediately before the date of coming into force of the delhi municipal corporation (amendment) act, 2003, shall, on the coming into force of the delhi municipal corporation (amendment) act, 2003, be deemed to be the tax on such vacant land or covered space of building or both, levied under this act as amended by the delhi municipal corporation (amendment) act, 2003, and shall continue to be in force until such tax is revised in accordance with the provisions of this act, as amended by the delhi municipal corporation (amendment) act, 2003. ..... the court considered various provisions of the delhi municipal corporation act and the punjab municipal act as well as that of the delhi rent control act, 1958. ..... balbir singh's case this court was concerned with the determination of rateable value in respect of properties situated in delhi and governed by the provisions of the delhi municipal corporation act, 1957 and the punjab municipal act, 1911. ..... under the provisions of the delhi municipal corporation act as well as the punjab municipal act, the criterion for determining rateable value of the building is the annual rent at which such building be reasonably expected to let from year to year. .....

New Delhi Municipal Committee Vs. Ishwar Dass Sahni and Bros.

Court : Delhi

Reported in : ILR1972Delhi535

..... (27) finally, our conclusion is that the chief commissioner was empowered to sanction the advertisement tax which occurs in entry 55 of list ii of the seventh schedule of the constitution and which could be levied under section 61(2) of the punjab municipal act, which provision is a valid piece of legislation and does not suffer from any vice of excessive delegation. ..... state of punjab and others, : [1967]3scr557 the provision which came up for consideration was section 5 of the punjab general sales tax act 46 of 1948 which, before its amendment provided that subject to the provisions of the act, there shall be levied on the taxable turnover every year on a dealer a tax at such rates as the provincial government may, by a notification, direct. ..... the power to sanction the imposition of the tax was exercised by the chief commissioner in 1958 after the commencement of the constitution (seventh amendment) act which came into force on 1st november, 1956. ..... some suggestions were also received from a municipal commissioner for grant of further exemptions from the payment of proposed advertisement tax which were considered by the committee and the amendments were referred to the chief commissioner for approval who by notification dated 1st september, 1958 finally approved the amendments which were noticed by the committee on 30th september, 1958 and the tax was levied with effect from 1st may, 1958 subject to the amendments made by the chief commissioner in april and september, 1958. .....

SalahuddIn Qureshi Vs. Ndmc

Court : Delhi

Reported in : 153(2008)DLT771; 2008(106)DRJ627

..... if the submission of learned counsel for the petitioner that 'municipal committee' only refers to the erstwhile new delhi municipal committee (ndmc) as it existed under the punjab municipal act as extended to new delhi, and that it does not include the municipal council, it would mean that the expression 'any municipal committee or notified area committee' is a surplusage ..... the following are the more important objectives of the act:(i) to provide new delhi municipal council area with a new legislation repealing the punjab municipal corporation act, 1911.(ii) .. ..... if the expression 'any municipal committee or notified area committee' did not include the municipal council, there was no reason why the parliament would not have amended the language used in section 2(e)(3)(i) of the p.p act on 1.6.1994 to include the expression 'municipal council', since the purpose of the public premises (eviction of unauthorised occupants) amendment act, 1993 (7 of 1994) primarily was to expand, and not to narrow, the scope of its application ..... the new delhi area was being administered by the new delhi municipal committee (the ndmc) under the punjab municipal act 1911 ..... consequent upon enforcement of constitution (seventy fourth amendment) act, several provisions in punjab municipal act, 1911 had to be brought in tune with part ixa of the constitution before 31st may, 1994.... ..... the new delhi municipal committee was constituted under the punjab municipal act, 1911 which has become an archaic piece of .....

Rajinder Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Chandigarh

..... on reading of this judgment we find similarly between section 7(4) and 7(5) of the university of agricultural sciences act, 1963 and provisions of section 428(2)(h) of the punjab municipal corporation act, as extended to u.t. ..... if a provision is made in an act for such transfer, it must be construed as a provision enabling such transfer of employee but only on the assumption that the employee concerned is a consenting party to such transfer.we hold that the provisions under section 428 of municipal corporation act, 1976 as amended by 1994 act, has to be construed as enabling provision for such transfer subject to the condition that the employee gives consent for transfer to the corporation. ..... it was held that a person who had been appointed to a substantive post and was entitled to continue until he attains the age of superannuation till the rule was amended providing for termination under rule 149(3), a termination of service under this rule would per se amount to dismissal or removal which would be inconsistent with the article 311. .....

N.A. Nagendrappa Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1989KAR324

..... in the light of these decisions and considering the effect of a change in the delimitation of the constituency which was highlighted by the supreme court in the punjab municipalities case it has to be held that the deputy commissioner cannot rely on section 21 of the general clauses act for issuing the impugned notifications (annexures b, c and d). ..... in my view the decision of the supreme court in punjab municipalities case which dealt with the power of the authorities to amend the delimitation notifications has considerable impact on the decision in this writ petition. ..... raised before the supreme court in that case are:'(1) whether the high court was right in holding that the provisions of the act do not contemplate for any amendment of a notification issued earlier under sub-section (1) of section 106 of the act dividing the block into constituencies or fixing the number of members to be elected from each constituency, and(2) whether the impugned notification for restructuring che constituencies of the manasa block was invalid as it had been issued without affording an opportunity to the electorate to raise any objections .....

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 .....

D. Srinivasa Rao and ors. Vs. State of A.P., P.R. and R.D. (Pts Iii) D ...

Court : Andhra Pradesh

Reported in : 2001(4)ALT75

..... ramesh birch's (1st cited supra), it was a case of conferment of power to executive to extend any laws in force in any state, union territory of chandigarh, certain provisions of the panchayat raj rent act was made applicable to the union territory of chandigarh by the parliament in 1974 by 1974 act and the central act was issued under notification on 15-12-1986 under section 87 of panchayat raj act extending the union territory of chandigrah, the provisions of state panchayat raj amendment act, 1985. ..... ultimately, the government have amended the said rules leaving it open to the gram panchayats and the municipalities concerned to auction the sand quarries as per the guidelines framed by panchayat raj department and municipal administration department ..... once a policy of extension of punjab laws is clear and permissible it would seem only natural as a necessary corollary that the executive should be permitted to extend future amendments to those laws as well. ..... may be more than one law in force on a subject in the contiguous states - say one in punjab, one in pepsu and one in himachal pradesh etc. ..... could have been no objection to the legislation if it had provided that the laws of one of the contiguous states (say punjab) should be extended to chandigarh. ..... again, its validity may be tested by considering what the position, would have been if the section had provided only for the extension of the law in a contiguous territory, say punjab. ..... it was upheld by the punjab & haryana high court .....