Saturday 25 September 2021

Questions and answers on law Part 38

 Q 1:- In respect of which property Municipal corporation can not recover property tax? Whether municipal corporation can recover property tax if charitable institution has given its property on rent?

Ans:- 132. General tax on what premises to be levied. - (1) The general tax shall be levied in respect of all buildings and lands in the City except,-

(a) buildings and lands solely used for purposes, connected with the disposal of the dead;

(b) buildings and lands or portions thereof solely occupied and used for public worship or for a public charitable purpose;

(c) buildings and lands vesting in the [Government] used solely for public purposes and not used or intended to be used for purposes of trade or profit or vesting in the Corporation, in respect of which the said tax, if levied, would under the provisions hereinafter contained be primarily leviable from the [Government] or the Corporation, respectively.

(2) The following buildings and lands or portions thereof shall not be deemed to be solely occupied and used for public worship or for a public charitable purpose within the meaning of clause (b) of sub-section (1), namely:-

(a) buildings or lands or portions thereof in which any trade or business is carried on; and

(b) buildings or lands or portions thereof in respect of which rent is derived whether such rent is or is not applied solely to religious or charitable purposes.

(3) Where any portion of any building or land is exempt from the general tax by reason of its being solely occupied and used for public worship or for a public charitable purpose such portion shall be deemed to be a separate property for the purpose of municipal taxation.

Q 2:Whether accused can apply for alteration of charge in criminal  appeal ? 

Ans: Yes, appellate court has power under section 386 of CRPC As well as section 216 of CRPC to alter the charge.

Q 3:-  Whether S 5 of limitation act is applicable to election petition filed under Maharashtra provincial Municipal Corporation Act?

In such circumstances, it is not proper to urge that section 5 of the Indian Limitation Act would not apply to the election petitions. Upon a plain reading of section 16 and sections 403 and 404 along with section 435 would make it clear that the Legislature did not exclude applicability of sections 5, 12 and 14 of the Limitation Act.{Para 16}

 Bombay High Court

(Before Dharmadhikari S.C., J.)

Yogesh Mangalsen Bahai Vs Rajesh Chimanrao Wable 

Writ Petition No. 8170 of 2007

Decided on January 10, 2008

Citation: 2008 SCC OnLine Bom 12 : (2008) 5 Bom CR 243

Q 4:- Whether court can decide Election petition on merit if term of house is over?

Ans: The term of the Legislative Assembly was over. Fresh elections were being held. Under these circumstances, the Apex Court has held that no relief could be allowed to the appellant in this appeal even if this appeal is allowed. The appeal was rendered infructuous and was dismissed accordingly.

Madras High Court
V. Anbazhagan vs A. Laser on 27 April, 2016


ELP.No.7 of 2011
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