Judgment Search Results Home > Cases Phrase: bombay highways act 1955 maharashtra section 57 unauthorized occupation of highway Court: punjab and haryana Page 1 of about 3 results (0.125 seconds)

Hindustan Construction Company Ltd. Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (2005)140PLR313; [2005]141STC119(P& H)

..... housing society's case (supra) by contending that the apex court in the aforesaid case was dealing with the scope of the revisional powers of the high court under section 115 of the code and under section 40 of the 1973 act, the powers of revision are very wide and therefore, according to the learned counsel no reliance could be placed upon shiv shakti coop, housing society's case (supra) but we express our inability to agree with the ..... on the date on which such application, appeal, revision or other proceedings was made or preferred;xx xx xx xxxx xx xx xxsection 62:any reference in any provisions of the law contained in the repealed act to an officer, authority or tribunal, shall for the purpose of carrying into effect the provision contained in section 61, be construed as a reference to the corresponding officer, authority or tribunal and if any question arises as to who such corresponding officer, authority or tribunal is, the decision of the state government thereon shall ..... the state of maharashtra, (1986)62 s.t.c. 40. ..... we may now advert to the judgment of bombay high court in siemens india ltd. v. ..... the only question considered by bombay high court was with regard to the period of limitation which would be applicable for filing a revision in view of the subsequent amendment in law. ..... in that case, a division bench of bombay high court, after considering the relevant statutory provisions, held:-'12. .....

Dalmia Dadri Cement Ltd. Vs. Punjab State and ors.

Court : Punjab and Haryana

Reported in : AIR1966P& H214; (1967)ILLJ222P& H

..... in list b ' of the corrigendum notification did not constitute an establishment or group or class of establishments of the similar nature as the petitioner company and, therefore, the names could not be added to the reference under section 10(5) of the act it was conceded by the calcutta high court in that judgment that--' if there is an apparent error in the order of reference (and no question arises either of supersession, cancellation, modification of the reference or any addition ..... did not need any amendment and could stand by itself by the second notification, a dispute between two different parties is sought to be included in the existing reference even if the provisions of section 21 of the general clauses act could be invoked by the state government, the defence under that provision is not available to the respondent in this case because the impugned notification has not been issued 'in the like ..... the bombay high court in state of maharashtra ..... suri then relied on the judgment of the madras high court in (s) air 1955 mad 45 in that case, it was held that this kind of objection was of form than of substance and when it was open to the government to make an independent reference under section 10 concerning any matter not covered by the previous reference, the fact that it took the form of an amendment to the existing reference was a mere ..... ..... mere form and not of substance had been recognised by a decision of the madras high court in (s) air 1955 mad 45'mr. ..... 1955 ..... 1955 .....

Bhupinder Singh Vs. State of Punjab

Court : Punjab and Haryana

Reported in : (1995)111PLR387

..... under this system, the entertainment tax on cinema houses only was made available under the cinematograph shows act and not under the entertainments duty act, 1955, by merging the accruals from entertainment duty and show tax, cinema-wise from 1982-83 to 1991-92 and taking the average thereof and also with an increase of 25% and a further 10% increase ..... has been urged that under section 4, as substituted by act 24 of 1984, a uniform rate has been prescribed for cinema theatres of a particular class situate in different parts of the same local area although the average rate of occupancy in the cinema theatres located in different parts of the same local area is not the same and a cinema theatre which is located in the central part of the local area would have better rate of occupancy as compared to a theatre located ..... from a proprietor is not paid by him within the period specified in the prescribed notice, the proprietor shall, in addition to the amount due under the sub-section, be liable to pay a simple interest on the due amount at the rate of one per centum per month from the date following the date on which the period specified in the aforesaid notice expired and ..... as regards the rates prescribed under sections 4 and 5 as amended by act 24 of 1984, the high court has observed that the said rates are based on an average expected occupancy rate of less than 50% or 66% depending upon the area in which the ..... state of maharashtra and ors., ..... of income tax, bombay city 1955 s.c.r. .....

Uco Bank and Others Vs. Anju Mathur

Court : Punjab and Haryana

..... misconducts were thereafter noted, which were (1) technical misconduct which leaves no trail of indiscipline, (2) misconduct resulting in damage to the employer's property which might be compensated by forfeiture of gratuity or part thereof, and (3) serious misconduct such as acts of violence against the management or other employees or riotous or disorderly behaviour in or near the place of employment, which, though not directly causing damage, is conducive to grave indiscipline. ..... gratuity payable to an employee may be wholly or partially forfeited, (c) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or (d) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provide that such offense is committed by him in the course of his employment. . ..... baroda, (writ petition no.636 of 2002) decided on 5th april, 2010, the division bench of bombay high court also noted in detail the interpretation of the expression moral turpitude . ..... this sub-section reads as under:- (6) notwithstanding anything contained in sub-section(1) (a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss ..... maharashtra rajya wakhar mahamandal, pune, reported in 2009 (121) .....

Field Medical Manekshaw Auditorium and anr. Vs. Presiding Officer, Lab ...

Court : Punjab and Haryana

Reported in : (2009)156PLR291

..... there has been a non-compliance of the statutory mandate of section 25-f and for the illegal termination that was effected, the remedy by reinstatement will not be appropriate, having regard to the nature of engagement. ..... 1786 it held that any condition of service that had been privately entered into between parties cannot operate to over-ride the provisions of the industrial disputes act and the benefit which the act provides to persons under section 25-f. ..... maharashtra labour union 2003 c.l.r. ..... admittedly, the termination had been made without issuing notice under section 25-f of the industrial disputes act. ..... further referring to a decision of the bombay high court in ramchandra vithuji kothare v. ..... in another decision of the bombay high court in rajendra singh institute no. ..... the bombay high court referred to the decision in the bangalore water supply and sewerage board v. a. ..... the mere offer of a month's salary as provided in the terms and conditions cannot substitute what the law entitles to a workman to obtain under section 25-f. ..... the labour court was correct in stating that any terms and conditions of employment cannot over-ride the provisions of industrial disputes act and whittle the benefit that the act grants to a workman. .....

The State of Haryana Vs. Suresh Chand and ors.

Court : Punjab and Haryana

Reported in : (1998)118PLR464

..... even otherwise be not relied upon for determining the market value of the land under acquisition, as even though the said sale deeds came about three years before the notification under section 4 of the act was issued and formed part of the acquired land, the same are of very small pieces of land as compared to the land under acquisition. ..... judgment of the bombay high court mentioned above, no court had while dealing with section 51-a of the act, held that mere tendering of certified copies of the sale deeds in evidence, would be proof ..... no need to comment upon the contention of the learned counsel based upon section 51-a of the act as the said section was taken into consideration by the supreme court in kumari veeraiah's case. ..... evidentiary value of such sale instances, the apex court observed as follows :-'it is true that the certified copies of the sale deeds are admissible in evidence as secondary evidence under section 61-a of the act, since owners would be reluctant to part with their original sale deeds. ..... in paragraph 20 of the report it has been held that 'though section 51-a of the act permits the court to accept as evidence the transaction recorded in the certified copy of the document, yet it lies within the discretion of the court to cast doubt on suspicious portions of ..... being aggrieved, the claimants filed their applications under section 18 of the act seeking reference to be made to the court for determination of correct market value of their land at the ..... of maharashtra, .....

Hans Raj and ors. Vs. Surinder Singh and ors.

Court : Punjab and Haryana

Reported in : (1996)114PLR516

..... case as in that case, the hon'ble supreme court was concerned about the adverse possession of the defendant for a period over 12 years and it was held that the lis pendente lite contained in section 52 of the transfer of property act would not arrest the running of the period of limitation during the pendency of the suit.11. ..... he submitted that in the facts and circumstances of the present case, presumption under section 118 of the negotiable instruments act was not available to the plaintiff in the present case and the learned courts below erred in recording the findings on ..... as regards the amount of interest, learned counsel submitted that the decision of the full bench of the bombay high court in the case of union bank of india (supra) has already been referred by same high court to a larger bench as reported in the case of sri niwas ragvindra ..... the learned counsel submitted that it was correct that under section 118 of the negotiable instruments act if the recital in the pronote indicated that the further consideration was paid, onus, would be on the borrower to prove that the recital was false and he did not in fact receive ..... case of bank of baroda (supra) and corporation bank (supra) relied upon by the learned counsel for the respondent are however not applicable to the present case as the decision in these cases was based on section 21-a of the banking regulations act, 1949 and instructions issued by the reserve bank of india.22. ..... bank of maharashtra, 1995 isj (banking .....

M/S Reliance Digital Media Ltd. Vs. M/S Jawed Habib Hair Xpreso Ltd.

Court : Punjab and Haryana

..... ) 1 scr887: (air1969sc1820, the conflict was between the jurisdiction of the registrar of co-operative societies under the maharashtra co-operative societies act and the jurisdiction of the court of small causes under the bombay rents, hotel and lodging house rates control act, 1947. ..... when the lease contained an arbitration agreement but there is no agreement or consent between the parties extending the term of lease, then although not provided for in the agreement, the occupation of the tenant over the demised premises after the expiry of the lease agreement is not under an agreement. ..... before the rent controller or through the due process of law ignited in civil courts where rent laws are not applicable then remedies can be sought through notices served under section 106 of the transfer of property act determining tenancy, followed by a civil suit praying for eviction by grant of a permanent and mandatory injunction.13. ..... petition under article 227 of the constitution of india lays challenge to the order dated 3rd august, 2012 of the learned civil judge (junior division), faridabad rejecting the application under section 8 read with section 5 of the arbitration and conciliation act, 1996 for closing the suit and referring the disputes to arbitration.2. ..... is inarbitrable, the court where a suit is pending, will refuse to refer the parties to arbitration, under section 8 of the act, even if the parties might have agreed upon arbitration as the forum for settlement of such disputes.36. .....

Des Raj Nagpal (Died) Through Lrs. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2005)141PLR656

..... said jagir alongwith other miscellaneous inams and watans was abolished under the bombay merged territories miscellaneous alienations abolition act, 1955. ..... are no distinguishing features between the land to the extent, mentioned above and the one represented by the sale instance, ex.p-1 but for that perhaps, the land, subject-matter of sale instance, ex.p-1 is on inter-section of two roads, whereas the land, subject-matter of acquisition is on one road, but that is the main road, as is the conceded position, which is delhi-rohtak-hissar road. ..... if, therefore, the owner of the land/building, which was under tenancy of the income tax department, was not to make a reference under section 18 and was to depend upon the decision rendered by the court with regard to other landowners and would have made an application under section 28-a, the collector, on such application made by the person, who owned the land/building, subject-matter of tenancy, could have not denied the same compensation to ..... section 7 of the act provided that the land under a watan stood resumed and that it shall be granted to the holder of the watan in accordance with the provisions of the said section watan of the type, with which the court was concerned, as per provisions of section 7(2), was to be granted on payment of certain occupancy price within the prescribed ..... , learned counsel for the income tax department, on the basis of two judgments, one of the full bench of bombay high court in state of maharashtra v. .....

P. Sunder Raj Vs. P. Sarika Raj

Court : Punjab and Haryana

..... raj"; besides, in the head note of the petition, in the order that was passed as also in the decree-sheet it is mentioned; "petition filed under section 13-b of the hindu marriage act, 1955 to dissolve the marriage between petitioner no.1 and petitioner no.2 performed on 14.08.2005 by mutual consent. ..... the effect of reorganisation of states, ajmer became part of rajasthan with effect from 01.11.1956 and the suit premises came to be governed by the provisions of the rajasthan premises (control of rent and eviction) act, 1950 and section 13 (1) (a) of the rajasthan act conferred an additional privilege on the tenant that in a suit seeking eviction on the ground of default in payment of rent, the tenant may, during pendency of the suit deposit the amount of rent in ..... the bombay high court issued an advertisement inviting applications for seven posts of family court judges in the state of maharashtra. ..... at bombay and others (supra), was in relation to the question as to whether a judge of a family court is entitled to consideration for elevation as a judge of the high court and not that a family court does not have the jurisdiction in relation to the nature of proceedings that are mentioned in 'explanation' to section 7 (1) of the 1984 act. ..... court of judicature at bombay and others, (2011 ..... case contended that the judges of family court hold a 'judicial office' and they discharge judicial functions and as such are entitled to be considered for elevation to the bench of bombay high court. .....