Court : Punjab and Haryana
Reported in : (2005)139PLR566
..... 7. in nazir begam 's case (supra), the dispute was whether the suit is governed by the provisions of section 25-a of the act in the view of the amendment during the pendency of the matter before the tribunal. the case is clearly distinguishable and not applicable to the facts of the present case. the ..... committees appointed under the provisions of the act, therefore, the plaintiff is competent to file the present suit. the dispute in the present case is not that whether the sikh gurdawara parbandhak committee was competent ..... to file a suit for possession before the civil court after the same was dismissed as abated.13. the courts below have relied upon section 125 of the act to hold that the local committee has failed to take steps to seek possession, therefore, sikh gurdawara prabandhak committee who has control and general superintendence over all .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H198; 1967CriLJ254
..... took place during this period were valid in law at the time, when they look place. their validity has been affected by the pepsu tenancy and agricultural lands (amendment) act no. 3 of 1959, which has directly hit the transfers made between 21st august. 1956 and 30th october, 1956 vide section 32-ff. these transactions have not ..... of being heard.it may be mentioned that sections 32-bb and 32-ff were inserted by the pepsu tenancy and agricultural lands (amendment) act, 1959 (punjab act no. 3 of 1959). the effect of this amendment was that transactions made between21st august, 1956 and 30th october, 1956 were not to affect the right of the state government under ..... few of them. one of them is the pepsu tenancy and agricultural lands second amendment act 15 of 1956. this amendment added chapter iv-a to the original act. this chapter is headed 'ceiling on land and acquisition and disposal of surplus areas.' before this amendment, there was no provision for a ceiling on land nor was there a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H108
..... sadhu singh applied for restitution of the mortgaged land in the court of the special collector, lahore, under the provisions of the punjab restitution of mortgaged lands act, 1938 (punjab act no. iv of 1938). apparently this application was contested on behalf of the mortgagees and on 6th march, 1945, the collector ordered redemption of the mortgages on ..... of the lower courts that the 1914 mortgage is independent of the previous mortgages. that being so the special collector. lahore, had no jurisdiction under the 1938 act to extinguish this mortgage. it is conceded that if the order of the special collector does not affect the rights of the parties then the plaintiffs are en- ..... so then the special collector would have no jurisdiction to extinguish it in view of section 7 read with section 2 of the punjab restitution of mortgaged lands act, 1938. this is not disputed by the learned counsel for the appellant. his contention is that the finding given by the lower courts is not warranted by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H178
..... against the petitioners in the court of s. gurdev singh, one of the special judges appointed by the delhi state government under section 7(2) of the criminal law amendment act, 1952. s. gurdev singh recorded the statements of a number of witnesses but as a considerable volume of other work was pending in his court, the progress of ..... is within the competence of a high court to transfer a case which lias been allotted to a particular special judge under the provisions of section 7(2), criminal law amendment act, 1952? and(2) whether it is within the power of a state government to transfer a pending case from one special judge to another special judge?7. section ..... the court of one special judge to that of another. the learned advocate-general, who appears for the state, contends that as every offence triable under the criminal law amendment act, 1952, must be tried by the special judge for the area within which it was committed, or where there are more special judges than one for such area, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1995P& H341; (1995)110PLR378
..... settled principle of interpretation of statute that wherever statute contains stringent provisions they must be literally and strictly construed so as to promote the object of the act is applied and the expression 'two-third of member of the committee' when construed strictly, the conclusion is inevitable that it requires two-third of ..... air 1978 kant 140, interpreted the expression 'not less than two-third of total number of councillors' contained in section 42(9) of the karnataka municipalities act, 1964 to mean that calculation must be made withreference to the total number of councillors prescribed for any municipal council and not with reference to the actual ..... associate member. respondent no. 4 was elected as president and he performed his duties as such till 15-3-1995 when this court restrained him from acting as president of municipal committee, zira (in short, the committee). petitioners who are members of the committee submitted requisition on 27-11-1995 seeking convening of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H46
..... was allowed on november 10, 1960 and parma nand came to know about the fate of that appeal, he on january 9, 1961 made an application praying for amendment of the decree by his being added as a respondent. this again shows anxiety on his part to be a party and to contest the decision of the district ..... the custodian. if suresh chand had any grievance, he should have knocked at the door of the custodian by virtue of section 7 of the administration of evacuee property act. jurisdiction of civil courts was barred.12. shri roop chand strongly relied upon the judgment given by he supreme court in custodian. evacuee property, punjab v. jafran begum ..... to be evacuee property and vested in the custodian. on march 24,1955, the land vested under section 12 of the displaced persons (compensation and rehabilitation) act, 1954, hereinafter called 'the act' in the central government. on february 16,1957,suresh chand filed suit by impleading union of india as defendant for declaration to the effect that the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)IIILLJ419P& H; (1996)113PLR280
..... is a legislation enacted to make provision for investigation and settlement of industrial disputes and for certain other purposes. section 2(cc) which has been added by amendment act no. 46 of 1982, defines the term 'closure' and it means the permanent closing down of a place of employment or part thereof. section 2 ..... or to a court of inquiry or to the labour or the industrial tribunal. chapter iv contains the procedure, powers and duties of various authorities constituted under the 1947 act. section 11 deals with the procedure and powers of conciliation officers, boards, courts and tribunals. sub-sections (2) and (4) of this section relate to conciliation ..... frivolously or vexatiously given or that it would be inexpedient so to do, make a reference under this sub-section notwithstanding that any other proceedings under this act in respect of the dispute may have commenced; provided also that where the dispute in relation to which the central government is the appropriate government, it shall .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H228
..... v, page 24, 16th february, 1935) vide mulla's code of civil procedure 12th edition, page 176.(10) by the same amendment act, rule 22 of order 21 of the first schedule of the code of civil procedure was amended and in (1)(b) after the words 'party to the decree', the following words were inserted, namely:-'or where an application ..... passed the decree.(9) this section was inserted in the code by section 2 of the code of civil procedure (amendment) act no.8 of 1937. it is meant to reciprocate the policy contained in the foreign judgments (reciprocal enforcement) act, 1933, and is a part of the arrangement under which on the other part decrees of the courts in ..... is made for execution of a decree filed under the provisions of section 44a'.(11) the result of this amendment was that where an application was made under section 44a of the code, the court executing the decree had to issue a notice to the person against whom execution .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H205
..... suit was not properly valued, and this objection has been accepted by the lower court which directed the plaintiff to amend the plaint and value the suit at the market value of the property in accordance with section 7(v), court-fees act. it is against this order that he has come in revision. 2. it is objected on behalf of the ..... order cannot be attacked in revision merely because it is wrong, and it must be attacked on the ground that either the court has acted without jurisdiction or has failed to exercise jurisdiction vested in it or has acted illegally or with material irregularity in exercise of its jurisdiction. the views expressed by the privy council on this point in a number .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1992)101PLR335
..... order dated 11th of february, 1975 (copy annexure p-1) passed under section 8-a of the capital of punjab (development and regulation) (chandigarh amendment) act, 19 73, (for short, the act), even though in the meantime the respondent no. 3 had raised a building thereupon. om parkash preferred an appeal against this order of resumption under ..... here should be construed to mean that the government has not the power to take recourse to the provisions of the public premises (eviction of unauthorised occupants) act, 1971, where admittedly there is unauthorised construction by a lessee or by any other person on government land which is public premises within the meaning of section ..... occupation there of.'in the instant case, the terms of transfer of the site in favour of om parkash were undisputedly governed by the provisions of the act and section 3(3) of the same provides that notwithstanding anything contained in any other law for the time being in force, until the entire consideration money .....
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