Court : Punjab and Haryana
Reported in : AIR1997P& H1
..... for that purpose and demolished the building and failed to reconstruct and redeliver possession thereof to the tenant. in a given case if the tenant acts unilaterally and effects structural alterations or reconstructs the building, lt itself may be a ground for eviction under the appropriate provision of the statute. no ..... absence of any provision to compel re-induction of the tenant after reconstruction or to compel reconstruction after demoli-tion and the non-applicability of the act for aperiod of five years after reconstruction makeit imperative that the reasonableness of the.landlord's requirement should be consideredwith care and caution, bearing in ..... ) ltd., (1990) 2 ren cr 648, a three judges bench of the supreme court again considered section 14(1)(b) of the tamil nadu rent act which entitles the landlord to seek possessionof the building for demolition and reconstruction. while considering the provisions, their lordships observed that 'expression 'immediate purpose of demolishing .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2006]147STC48(P& H)
..... commercial tax officer [1974] 33 stc 292. nor can the relationship between the wire and electricity conductor be described as one between genus and species such as between coal and charcoal which was the subject-matter of a supreme court case reported in commissioner of sales tax v. jaswant singh charan singh [1967] 19 stc 469. rather ..... commissioner of income-tax v. a. raman and co. : [1968]67itr11(sc) , dealing with the corresponding provision contained in section 147(1)(b) of the income-tax act, 1961, the court held :the expression 'information' in the context in which it occurs must, in our judgment, mean instruction or knowledge derived from an external source concerning ..... 82 and real optical co. v. appellate collector of customs [2001] 122 stc 555. he also relied upon entry 33b of the schedule to the central excises and salt act, 1944 (since amended) to the following effect :33b. electric wires and cables, all sorts, not otherwise speci- 15 per cent fied: ad valorem.(i) insulated wires .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1992)102PLR621
..... .1. mahabir sewa samiti (regd.) baikhunthpuri, shahabad (m) is a registered society and is the landlord in respect of the shop in question and it was let out to parkash coal depot, shahabad at the rate of rs. 200/- per mensem vide a rent note dated 16.10.1984 and krishan lal anand was alleged to be a sub-tenant. a ..... , a. i. r. 1957 punjab 72, it was observed that a rent controller was at liberty to devise his own procedure in ascertaining the facts on which he is to act or decide. the conclusion is that the rent controller who had passed an ex-parte order of eviction was after sometime satisfied that on the unrebutted affidavit of the tenant .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)112PLR464
..... the learned deputy advocate general, haryana, has produced before us a file which contains several notifications issued under section 9(3) (i) of the act. two of these notifications relate to 48 municipal committees including the municipal committees of buria, tehsil jagadhari district yamuna nagar and punhana district gurgaon. in this ..... qualifications of the private respondents. however, in order to satisfy ourselves, whether the government considered the requirements of section 9(3)(i) of the act and examined the qualifications of the private respondents before nominating them to the two municipal committees, we sent for the relevant record of the government. ..... has two facts; first is whether the government has absolute power to nominate members to the municipal committees under section 9(3) of the act and the second is whether nomination of the private respondents is vitiated because neither of them possess special knowledge of experience in the municipal administration.7 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H228
..... was whether the united india fire & general insurance co. ltd. was amenable to the writ jurisdiction, particularly in the context of the general insurance business (nationalisation) act, (57 of 1972). the division bench tested the question on the anvil of the tests spelled out in the international airport authority of india's case ..... courts of justice. wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.............'there is ..... another member in addition to those nominated in the aforesaid manner and appoint him as managing director ; provided further that no person shall be appointed to act as managing director unless he is member of the indian administrative service, punjab civil service (executive branch) or a deputy registrar, a joint registrar or .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)116PLR797; [2001]122STC382(P& H)
..... find out amongst other things whether the amount of tax was legal or not.15. in view of the specific bar in the punjab act and haryana act, it is difficult to uphold the ratio of the single bench judgment that the appellate and revisional authorities amongst other things should prima facie ..... accept the conditions prescribed in the same. it has further been argued that in view of the wording of the two provisions in the punjab act and haryana act, the appellate authority can grant stay only on the ground of inability to pay and on no other ground. mr. sharma has further argued ..... (5) and (6) of this section need alone be noticed :'255. (1) ..............................(2) ....................................(3) ....................................(4) ....................................(5) subject to the provisions of this act, the appellate tribunal shall have power to regulate its own procedure and the procedure of benches thereof in all matters arising out of the exercise of its powers or .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H162
..... of the landholder in the area declared surplus and enjoins upon the government to dispose of that land in the manner provided in section 11 of the act. this act, therefore, is clearly covered by the provisions of article 31a of the constitution and cannot be challenged on the ground that it violates any of the ..... the supreme court in kannan devan hills produce co. ltd. v. state of kerala, air 1972 sc 2301, held that kannan devan hills (resumption of lands) act (5 of 1971), envisaged reservation of lands for promotion of agriculture and for welfare of agricultural population and assignment of remaining lands to agriculturists and agricultural labourers which ..... not been made the subject-matter of acquisition. their homesteads, their mineral wealth except mines not in operation have not been seriously touched by the provisions of the act. various other exemptions have also been made in their favour in the act, apart from the provisions as to compensation which in the case of small zamindaris can .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H287
..... relating thereto and for matters connected therewith.'since the legislature of the state of punjab had not passed any resolution under article 252 of the constitution, therefore. the act of 1974. at the time of its enactment did not apply to the state of punjab. however, the punjab legislature, subsequently, adopted the same by a resolution ..... of such water. explanation :--for the purposes of this section and section 4, 'consumption of water' includes supply of water.'clause (a) of section 2 of the act of 1977, defines 'local authority' which inter alia means a municipal corporation also. the term 'specified industry', is defined under clause (c) of section 2, which ..... parliament as it was within the legislative competence of the state legislature only. moreover, after the constitution of the central board and the state boards under the act of 1974 it was necessary for the parliament to provide funds for those boards in order to make them function effectively. thus, in order to augment the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2001]124STC539(P& H)
..... run a stone crusher within the state of haryana except in accordance with the licence granted or renewed by the director, mines and geology under section 3 of the said act. first proviso to section 3 contemplates grant of licence only to those owners of the crushers which are installed in the ..... made by the deponent for allowing the firm to run the crusher at the old site. vide letter dated january 22, 1993 addressed to the director, mines and geology, haryana, chandigarh, by haryana state pollution control board, the crusher of the deponent, along with the others was also decided to be allowed ..... and ballabgarh complex administration area :.............annexure d : industries falling in the negative list..............4. stone crusher not holding licence under haryana regulation and control of crushers act, 1991.................annexure adistrict wise list of development blocks where there are no large and medium industry.sr. no. district no industry block.................9. yamunanagar i .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)140PLR313; [2005]141STC119(P& H)
..... of a right, privilege, obligation or liability and accrued or incurred under the repealed enactment and, therefore, it can be exercised even after the appeal of the 1973 act. shri jaswant singh distinguished the judgment of the supreme court in shiv shakti cooperative housing society's case (supra) by arguing that the said judgment turned on the ..... 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 ..... be treated to be akin or similar to a right of appeal conferred upon a suitor.24. even otherwise, we find that section 40 of the 1973 act merely conferred a power on the revisional authority giving suo-motu powers to the revisional authority. no corresponding right was conferred upon the department to file a petition .....
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