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1 - 10 of 17 (0.35 seconds)Section 141 in The Gujarat Provincial Municipal Corporations Act, 1949 [Entire Act]
Vijayan Rajamanicka Nadar Pagalam vs Jamnagar Municipal Corporation on 29 November, 2018
(c) Whether the issue involved in these petitions is squarely
covered by the decision of this Court in the case of Vijayan
Rajamanicka Nadar Pagalam vs. Jamangar Municiapl
Corporation in Special Civil Application No.18000 of 2018 as
contended by the petitioners.
Section 27 in The General Clauses Act, 1897 [Entire Act]
Municipal Corporation Of City Of Hubli vs Subha Rao Hanumatharao Prayag & Ors on 24 March, 1976
16. Reliance was also placed independently on the decision in
the case of L.M.Patel vs. Baroda Municipal Corporation
reported in 1995 1 GLH 1198 ; and Hubli vs. Subha Rao
Hanumantharao Prayag and Ors. which has been considered by
this Court in Special Civil Application No.18000 of 2018. In
those cases also, the facts were to the effect that assessments
were not framed and recorded during official year for the levy
of property tax. Whereas, in the cases on hand this court
cannot ignore the affidavits filed and the documents annexed
justifying assessments framed in case of respective properties of
the petitioners and recorded in the assessment book. The
procedure followed before service of bills is considered in
earlier paragraphs that assessment book was made available to
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NEUTRAL CITATION
C/SCA/26703/2022 CAV JUDGMENT DATED: 08/05/2025
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the petitioners for inspection, despite which no objections were
raised and thereafter bills were served. One more aspect this
Court would like to highlight is about petitioners contending to
being unaware about the online availability of bills. The said
contention falls to the ground in light of the fact that the
petitioners, through their association itself held negotiations
with the Respondent Corporation. Further, as contended by the
respondent-JMC that there are total 4460 properties in GID
Jamnagar phase II and III, and out of that 3580 properties
have paid their taxes.
Kanaiya Prints Pvt. Ltd. vs Assessment And Recovery Officer And ... on 8 October, 2002
In the case of Kanaiya Prints Private Limited vs.
Assessment and Recovery Officer reported in 2003 1 GLH 449,
relied upon by learned advocate for the petitioner, the
consideration made was with regard to contents of the
Assessment Book before end of the official year under Rule 9
of the Taxation Rules, which is not the issue to be considered
in these cases.
Section 139 in The Gujarat Provincial Municipal Corporations Act, 1949 [Entire Act]
Anant Mills Co. Ltd vs State Of Gujarat & Ors on 21 January, 1975
15. Now in relation to the third issue that the issue raised in
these petitions is squarely covered by the decision of this Court
in Special Civil Application No.18000 of 2018 and allied
maters, it is noticed that in Special Civil Application No.18000
0f 2028, the prayer made was with regard to quashing and
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NEUTRAL CITATION
C/SCA/26703/2022 CAV JUDGMENT DATED: 08/05/2025
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setting aside of the tax bills dated 07.07.2018. Admittedly, in
those cases, the bills were issued for the period 2006-2013 and
it was case of the petitioners therein that prior to 07.07.2018,
no bills were issued. In Special Civil Application No.18000 of
2018, it was further case of the petitioners that no
authentication of assessments for the official year from March
2006 to October 2013 was done. Since no assessments were
framed on or before end of the official years, resultantly bills
were not prepared and served during official year. Therefore,
since the assessments in those cases were framed and bills
were served after expiry of the official year, the recovery
effected by respondent Municipal Corporation retrospectively
was declared bad in law. On above facts in the decision dated
15.07.2019, in Special Civil Application No.18000 of 2028, this
Court by referring to Section 127 (3) held that Municipal
taxes are required to be assessed and levied in accordance with
the provisions of GPMC Act and the Taxation Rules. This Court
further placing reliance on Rule 9 and Rule 15(2) which refers
to assessment book and Rule 21B which refers to the manner
and method in which assessment book shall be prepared and
completed etc., in facts of those cases held that the same was
not done during relevant official years. Reliance was placed on
decision in the case of Anant Mills Co.Ltd vs. State of Gujarat
and Ors. reported in (1975) 2 SCC 175.
Article 226 in Constitution of India [Constitution]
The Municipal Corporation Of The City Of ... vs Jhaveri Keshavlal Lallubhai on 11 August, 1964
20. Reliance is also placed in the case of Municipal
Corporation of Ahmedabad vs. Jhaveri Keshavlal Lallubhai in
First Appeal No.301 of 1961, where issue in the opinion of
this court is about the rate of property tax and the same being
not the issue here would not be applicable in the facts of this
case.