Court : Madhya Pradesh
Reported in : AIR1958MP355
..... their lordships of the federal court repelled these contentions, and observed : 'the provisions of section 18 of the punjab municipal act relating to the corporate character of the committee and the manner of suing must be read subject to the provisions of section 238 (2) which lays down the consequences of a supersession. ..... it was also urged that as the municipal committee had been constituted by section 18 of the punjab municipal act, 1911 (no. ..... repelled this contention and observed : 'the plaintiff, although faced with a complicated situation on account of the supersession of the committee did serve a notice on the secretary of state for india in council through the deputy commissioner, sialkot, and further made it clear that the notice was both under section 80, civil procedure code, and section 49, punjab municipal act. ..... even after a notice against the administrator under section 80, it may so happen that by the time the suit is filed, the committee may be reconstituted and then it will necessitate amendment of the plaint. ..... it has not been disputed that the person competent to take proceedings is the administrator and even if the true view should be that he should take proceedings in the name of the committee, the defect is one purely of a formal character which can be cured by amendment. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP353
..... it was, however, amended by the madhya pra-desh municipalities (amendment) act, 1958 (act no. ..... on this point is set at rest by section 7 of the amending act which is as follows, 'where before the coming into force of this act the process for the election of the president of any municipal committee has commenced but has not been completed in accordance with the provision repealed under section 2 and the rules framed thereunder, then notwithstanding anything contained in any enactment for the time being in force, such process and all action taken in furtherance thereof shall, on the date of coming into force of this ..... we do not think that anyone has a fundamental right of voting in the election of municipal president or that taking away such a right by an amending act amounts to deprivation of property. 11. ..... custodian evacuee property punjab (s) air 1957 sc 599, the supreme court observed that property that falls within the scopt' of article 19(1)(f) must be capable of being the subject matter of acquisition and disposal. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP245
..... 1940 all 272 (fb)) it was held that retrospective legislation was not possible in view of the provisions of section 292 of the government of india act, 1935 which continued all law in force in british india immediately before the commencement of part iii of the act, until altered or repealed or amended by a competent legislature or other competent authority. ..... that state and that tobacco was so specified in their certificate of registration.finally, what the registering authority had to do is contained in section 8(3) of the act which reads : 'if the said authority is satisfied that an application for registration is in order, it shall in accordance with such rules as may he made under this act, register the applicant and grant him a certificate of registration, in the prescribed form which, in the case of a registered dealer who manufactures any goods for purposes of sale by actual delivery ..... merely made it possible but made it obligatory upon, the commissioners that they should take certain steps, not merely or primarily in the interests of the individual appellant but in the performance of their duties imposed upon them in the interests of the general body of the taxpayers, to see what the true assessment ought to be, and that process, a public process directed to public ends, cannot be stopped at the option or the whim of the appellant who after giving notice begins to realise that if ..... municipal committee, khandwa, ilr (1956) nag 83: ((s) air 1956 nag (167 ..... state of punjab, (s) .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP262
..... than censure; that it does not authorise the government to give any right to the committee to question, by appeal or otherwise, an order of the appellate authority constituted under the act or the rules thereunder; that rules 1 and 2 of the rules framed under section 25 (6) of the act must be read so as to be consistent with section 25 (6) and within the rule-making power conferred by that provision, and so read the second appeal spoken of in sub-rule (ii) of rule 2 can only mean a second appeal by a municipal officer or servant who has been given ..... the right of first appeal to the sub-divisional officer by sub ..... considered sub-sections (6) and (7) of section 25, as they stood before they were amended in 1947, and the relevant rules framed under sub-section (7) with regard to appeals. ..... punjab gil mills, 1959 mpc 592, a division bench of this court upheld the validity of proviso (b) to rule 38 of the raipur municipal committee octroi-tax rules, on this principle. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP257
..... 117 of 1965 d/-3-9-1965 (mp) the two petitioners, who are electors of the municipal council, jora, and one of whom is the silling vice-president of that council, have challenged the election of the respondents 2 to 8 and the selection of the respondent 9 as councillors of the municipal council, jora, on these grounds:(i) contrary to the provisions of section 32 (1) of the act, the collector did not adopt the assembly rolls relatable to the areas comprised in the wards and omitted several names and included other names for the preliminary publication which was made on 1 september 1964. ..... in the punjab full bench case ilr (1961) 2 punj 860=air 1961 punj 429) (fb) (supra), it was recognised that if the electoral rolls were illegal, no election held on the basis of such rolls could be allowed to stand the relevant observations are:'everybody of course agrees that, if the very foundation of the election, namely the electoral roll is illegal, no election on its basis can proceed or be allowed to stand, but that does not mean that any kind of defect in the roll, however technical in its ..... 5, 6 and 7, and on or before the date fixed by him in this behalf, which shall not be less than six weeks before the date fixed for the elections he shall publish the rolls as amended in manuscript in the manner prescribed for the publication of the original rolls. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP15; 1968MPLJ651
..... the dissolution of the municipal council, rewa:and whereas, it is found that the enquiry conducted by the enquiry was not properly conducted inasmuch as (i) the report of enquiry is based on records and documents made available by the municipal council which have not been exhibited and proved by witnesses; (ii) witnesses whose evidence was material were not summoned and examined for accounting for the allegations;now, therefore, in exercise of the power conferred by section 332 of the said act, the state government hereby: (i) reverses the dissolution of rewa, municipal ..... council ordered on the 4th january, 1968;(ii) restores the status quo prevailing on 3rd january, 1968, and(iii) remands back ..... . indeed, as is evident from section 21 of the general clauses act, an executive or an administrative order can be amended, varied or rescinded in the same manner and subject to the like sanctions and conditions in which the order is made ..... . state of punjab, air 1963 sc 395 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1973]31STC9(MP)
..... 1002 their lordships of the supreme court observed as follows at the bottom of paragraph 4 of the judgment :this court held that levy of tax on cotton ginned by the taxpayer in excess of the amount prescribed by article 276 of the constitution was invalid and since the municipality had no authority to levy the tax in excess of the rate permitted by the constitution, the assessment proceedings levying tax in excess of the permissible limit were invalid and a suit for refund of tax in excess of the amount permitted by article 276 was maintainable. ..... 2100, their lordships upheld the taxing power of the ahmedabad municipality under the bombay provincial municipal corporation act even though the act did not prescribe the maximum rate for levying the property tax, ultimate control for raising them rested with the councillors responsible to the people. ..... even if one section thereof was invalid, it could subsequently be amended and if the amended section is valid, it takes effect because the act itself is alive: state of punjab v. ..... in that case power conferred by section 150 of the delhi municipal corporation act on the corporation to levy certain taxes without specifying any limit was upheld and their lordships made the following observations in paragraph 27 :there is, in our opinion, a clear distinction between delegation of fixing rate of tax like sales tax to the state government and delegation of fixing rates of certain taxes for purposes of local taxation. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP145
..... after such enquiry as it thinks fit that any entry in the electoral roll of the municipality:--(a) is erroneous or defective in any particular; or(b) should be transposed to another place in the roll; or(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the ward or is otherwise not entitled to be registered in that roll; it shall, subject to such general or special directions; if any, as may be given by the collector in this behalf, amend, transpose or delete the entry;provided that before taking any action on any ground ..... district collector (air 1964 andh pra 421) amendments in assembly rolls were, as permitted by the relevant act, adopted in the municipal electoral rolls two days prior to the date of poll and the onlyother relevant objection was that the names of not all persons qualified to vote were entered in the rolls. ..... in the punjab full bench case air 1961 punj 429 (fb) (supra), it was recognised that if the electoral rolls were illegal, no election held on the basis of such rolls could be allowed to stand. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP223
..... mohan lal, (air 1970 sc 1848), where an analogous provision of the punjab municipal act came up for construction. ..... :-- (a) all the councillors of the corporation shall vacate their office - (i) in the case of supersession, as from the date appointed under sub-section (1) of section 422; and (ii) in the case of dissolution,-- (a) where the corporation is dissolved under section 422-a as from the date of the order of dissolution; (b) where the corporation stands dissolved under sub-section (4) of section 20, as from the date of dissolution under the said sub-section; (c) all powers and duties of the corporation, the standing committee and the appeal committee under this act, may, until the corporation ..... by amending act 2 of 1965 provision for dissolution was made by inserting section 422-a and section 423 was amended to make provision for appointment of administrator in case also of dissolution. ..... clauses (b) and fc) of section 423 (1) as amended by act 2 of 1965 authorised the appointment of administrator both in case of supersession and in case of dissolution. ..... rule 8 authorities a local authority fo amend the assessment list after notice to persons interested. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1979MP188; 1979MPLJ555
..... in that case, the court upheld the imposition of a tax on the sale of foreign liquor under section 90 of the punjab municipal corporation act, 1976, for augment-ing the resources of the municipal corporation, although the sale of foreign liquor was also taxed under the punjab general sales tax act, 1948, for raising revenue for purposes of the state. ..... the argument of the learned counsel for the petitioners in these petitions is that as cantonment boards are authorised under section 60 of the cantonments act, wrich is an existing law under article 372(2) of the constitution, to levy property tax which a municipality is competent to levy under the municipalities act of the state and as the subject of cantonments falls under entry 3, list i, the state legislature has no power to impose taxes on lands and buildings within cantonment areas. ..... ' one of the instances which the learned judges of the bombay high court quoted was the urban property tax levied in the city of bombay for the purpose of provincial government and the house tax levied by the municipality at bombay for its own finances. ..... , air 1954 bom 261 'instances are not wanting in this country in which taxes are levied twice upon the same thing, once for the benefit of the state government and in the second instance for the benefit of the local self-government bodies, for example, the district local board or the municipality. ..... the amending adhiniyam came into force on 1st april 1976. .....
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