Court : Punjab and Haryana
Reported in : (2009)155PLR563
..... nos. 2 to 5 in the said writ petition are tenants.3. on 1.7.1958, mahant ram dass filed a return under the punjab security of land tenure act, 1953 (hereinafter called 'the tenures act') before special collector, punjab, chandigarh. the land owned and held by him was then verified, which was situated in district gurdaspur, district hoshiarpur, ..... the ground that this application was barred by time and beyond the scope of section 15 of the reforms act. this section is stated to be para-materia to section 18 of the tenures act. since the reforms act had come into force on 2.4.1973, it is stated that the tenants could exercise their right for purchase of this ..... land under section 15 thereof within one year from the commencement of the act. respondents, however, never opted to exercise this option of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)155PLR668
..... not take any action, against the accused. it was further stated that on 2.3.87, she filed a petition against satpal singh, accused, under section 9 of hindu marriage act. satpal singh, admitted the contents thereof by making statement on oath on 3.9.87. it was further stated that on 3.9.87, she alongwith her father, brother and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2010CriLJ145
..... by raj singh sarpanch dw1, surat singh dw2, pipal singh dw3 and gurdial singh dw 4.17. the learned state counsel countered this argument by urging with full force that the plea taken up by the accused appellant is an after-thought. i have well considered the rival contentions. towards the end of his cross examination, raj ..... daljit singh to surrender before the police. ultimately, when daljit singh was arrested by police, he was also involved in this case and in another case under the ndps act.in defence, he examined dw1 raj singh sarpanch, dw2 surat singh, dw3 pipal singh, dw4 gurdial singh, dw5 head constable lakhbir singh and closed his defence evidence. ..... style growing in highly urbanized areas. even those who feel concerned keep away for fear of their own security and getting involved in tardy proceedings. there is a subdued murmur that the law and order agency has failed to provide security to the law abiding citizens and what rules, now, is the might and ingenuity of the criminals .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]150CompCas77(P& H)
..... land at mohali would be sold as baseless. the only protection, which the company law board gave, under the circumstances, was to preserve the petitioners' right to secure full details of the joint venture agreement if the respondents finalised such an agreement by convening immediately the annual general meeting after the agreement was entered into. noting ..... when the company has posted profits and declared any dividends. if the company has any value left till date, it is by sheer default by the market forces operating without any effort on the part of the directors of the company. the prodigious escalation of value of 6 acres of land at mohali between the year ..... of the company could be sufficient ground for directing winding up of the company for just and reasonable cause as provided under section 433(f) of the companies act; (iii) where the company is run by the members of the family or between close friends and relatives, the partnership principles thereby applicable for dissolution of a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)156PLR539
..... as such. the residence itself could be either permanent or temporary as the initial words in the section gives out. in my view, the landlord, who had secured a permanent resident status at canada could not have been admitted to such status without his intention to stay outside india.4. learned counsel wants to point out to ..... he has made another statement that it was his brother, who was running the tent house at the property, which was purchased by him. therefore, there is no force in the contention that the landlord does not fulfill the requirement of law for establishing his personal need. admittedly, he does not own any other property apart from what ..... have to be understood in the context of how the amendment permitting a non-resident indian to apply for eviction by a special procedure brought through the punjab act 9 of 2001 introducing section 13b to the statute book. reading the statement of objects and reasons for introduction of the amendment, learned counsel points out that the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)156PLR74
..... and ors. : (1997) 10 supreme court cases 387, sardara singh (dead) by lrs and anr. v. sardara singh (dead) and ors. : (1990) 4 supreme court cases 90, shilpa shares and securities and ors. v. national cooperative bank ltd. and ors. (2007) 12 scc 165 and the judgment of the karnataka high court in the case of sabulal and ors. v. kunnamma ..... . he has cited a decision of the supreme court in the case of jang singh v. brij lal and ors. : a.i.r. 1966 supreme court 1631 to contend that act of the court should do no harm to the litigant. he further submitted that so far as the period of 15 days is concerned, he was informed by the court .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]94SCL336(Punj& Har)
..... was no scope for following any procedure laid down under sections 391, 393 and 394 of the companies act.11. elaborate arguments have been made and decisions submitted by the learned counsel essentially on the need to secure the permission of the company court for prosecuting any action before any civil court. his objections come through ..... adds a second string bow, as it were, when he refers to section 537 of the companies act, which reads: 'where any company is being wound up by the tribunal (court); (a) any attachment, distress or execution put in force, without leave of the tribunal, against the estate or effects of the company, after the commencement ..... that have been found referred in the report of the official liquidator. there shall be no further necessity for calling any meetings of such directors. all the secured creditors' claims have been satisfied except the hfc and the claims have also been adjudicated by the official liquidator. there could be, therefore, no specific direction .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]149CompCas497(P& H); [2009]93SCL188(Punj& Har)
..... that they could not be divested over the control of the company. while the parties would not normally be barred from approaching the company law board from securing the reliefs complaining of oppression and mismanagement by the institution of a civil suit, such a bar would definitely operate in a case where finding in a ..... had taken a normal business decision and exercised its powers, it would not be proper to interfere with the equitable discretion in an appeal under section 10f of the act. in sangramsinh p. gaekwad v. shantadevi p. gaekwad : air2005sc809 , the hon'ble supreme court dealt with several aspects relating to what would merit consideration in ..... the company and relations between the parties: the first respondent-company having its registered office at ludhiana had been incorporated on january 10, 2000, under the companies act, 1956, with the object of acquiring land for the purpose of establishing a multiplex cinema theatre. the authorised share capital of the company was rs. 1.50 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]150CompCas564(P& H); (2009)154PLR295; [2009]92SCL102(Punj& Har)
..... limited by asserting that the respondent bank has assigned all its rights, title, interest and benefits in respect of its claim against the appellant company together with secured interest thereon to m/s kotak mahindra bank limited. the application was kept pending vide order dated 25.5.2006 by the learned company judge as the question ..... that judgment.5. h.r. khanna, j., was apparently satisfied that the petition was not a bona fide petition and the respondent in presenting the petition was acting with ulterior motive and his attempt to obtain an order for winding up was 'unreasonable'. before the high court directed that the petition for winding up be advertised, ..... an inordinate delay of 1050 days in filing the company appeal. there can be no dispute that where sufficient cause, as mentioned in section 5 of the limitation act, has been shown by the applicant, it must receive a liberal construction so as to advance substantial justice. delays in preferring appeals should be condoned in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)3PLR604
..... shop for residential purpose, i find that the user of the property is not such as to cause any prejudice to the landlord and does not enable him to secure an eviction on the said ground. i agree with the contention of the revision-petitioner that the property which is used by the son for taking rest by having ..... in small part of the building would not automatically render the tenant to be ejected under this clause'. the bench interpreted the expression used in 13(2)(ii) of the act, while referring to the issue of subletting or transfer of the 'building: but had not used the expression 'entire building'. consequently, a conversion of a small portion of ..... respondent's son was found in possession of back portion of the shop. an advocate commissioner appointed by the court could at best assist the court by his ministerial acts in gathering evidence relating to the physical features and the issue of who is in possession could never be delegated by a direction for a finding through an advocate .....
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