Court : Punjab and Haryana
Reported in : AIR1989P& H273
..... this fruit garden is protected by a boundary wall constructed by the petitioner and there are a number of fruit bearing trees. the punjab land reforms act, 1972, (punjab act no. 10 of 1973) received the assent of the president on march 24, 1973, and came into force on its publication in the punjab ..... to be determined by the collector or authorised officer.2. the writ petition in this case has questioned the constitutional validity of the provisions of the act authorising the declaration, utilization and taking possession of the land declared surplus without making any provision for payment of compensation for structural improvements, cemented khals, ..... of land declared as surplus does not therefore, strictly arise for consideration. however, what is contended by the learned counsel is that section 10 of the act, in effect, does not provide for payment of compensation for structural-improvements, cemented khals, valuable standing timber, garden and crops and that therefore that provision .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2006]144STC4(P& H)
..... & village soap industries association v. state of haryana : air1994sc2479 , state of rajasthan v. sarvotam vegetables products : air1996sc3178 and commissioner of sales tax v. industrial coal enterprises : [1999]1scr871 . learned counsel further argued that the orders passed by the appellate authority and the tribunal in the petitioner's case are liable to be ..... 1997-98 (assessing authority, hisar v. haryana cotton and general mills, adampur) and felt satisfied by filing review application under section 41 of the state act which was dismissed on september 17, 2001.6. shri jaswant singh, learned senior deputy advocate-general, haryana, argued that notification dated september 4, 1995 ..... 5, 2001 created liability of rs. 93,236 against the petitioner. the assessing authority also created demand of rs. 11,649 under the state act. the appeals filed by the petitioner against the order of the assessing authority were dismissed by joint excise and taxation commissioner (appeals), rohtak, vide .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)126PLR143
..... of the conditions of allotment/transfer. under section 22(2), the central government is empowered to frame rules for carrying out the purposes of the 1952 act. the expression 'architectural control sheets' means sheets of drawing with directions signed by the chief administrator and kept in his office showing the measure of architectural ..... and occupation of building;(i) the certificates necessary and incidental to the submission of building plans amended and completion reports.'secton 8-a(1) of the act.'8a. resumption and forfeiture for breach of conditions of transfer.- (1) if any transferee has failed to pay the consideration money or any instalment thereof on ..... support of their contention that the land earmarked as parking site cannot be used for any other purpose the petitioners have relied on the provisions of the act and the punjab capital (development and regulation) building rules, 1952 (hereinafter referred to as the 1952 rules). according to them, if the respondents are not .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)135PLR217
..... the premises had been taken on rent at one and the same time, the definition of the word 'residential building' as given in section 2(g) of the act, qualifies the portion which may be used partly for residential and partly for non residential purpose. the cumulative effect of description of the premises shall be residential. it ..... occupation and that he is not occupying any other residential building in the area of municipal committee jagraon and has not vacated any such building after the commencement of the act.'2. respondent no. 1 i.e. kulwant rai son of bhola nath has contested the application as tenant. he tendered rs. 1250/- as rent for the period ..... shall be apposite to notice the definitions contained-in the act. section 2(d) of the act reads as under:-(d) 'non-residential building' means a building being used- (i) mainly for the purpose of business or trade; or(ii) partly .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)107PLR219
ORDERN.C. Jain, J.1. This revision petition has been directed against the order of Senior Sub Judge, Chandigarh, dated 15.12.1992 dismissing the application of the petitioner which was filed under Order 15 Rule 5(1) of the Code of Civil Procedure for striking off the defence of the defendant-respondent At the very outset it is necessary to reproduce the very provision of Order 15 Rule 5(1) of the Code of Civil Procedure which has been incorporated by the High Court of Punjab and Haryana vide notification dated 13th May, 1991 and under which the application was filed by the landlord;'5. Striking off defence for failure to deposit admitted rent:-(1) In any suit by a lessor for the eviction of a lessee after the determination of his lease and for the recovery from him of rent or compensation for use and occupation, the defendant shall, at or before the first hearing of the suit, deposit the entire amount admitted by him to be due together with interest thereon at the rate of nine percent ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1995)111PLR14
..... impleaded as well as with regard to the mortgage amount. both these objections have been noticed by the collector but not dilated any further. the collector under the act is performing judicial function. he is to adjudicate the petition filed before him. term 'adjudicate' as per chambers english dictionary is (i) to determine judicially (ii ..... 8. there is no dispute between the parties that sh. khillu and others filed a petition under section 4 of the punjab redemption of mortgages act (for short 'the act') in the court of assistant collector 1st grade exercising the powers of the collector wherein notice was issued to the respondents. there is also no ..... according to the learned counsel for the appellant, a proper petition was filed by the plaintiffs in terms of section 4 of the punjab redemption of mortgages act in the court of collector. pursuance to notice issued by the authority, respondents put in appearance, filed written statement controverting the various averments made in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)196CTR(P& H)282; [2005]273ITR405(P& H)
..... time to time. the explanation empowers the board to issue orders, instructions or directions for the proper composition of the offences under section 279(2) of the act and further specifically provides that directions for obtaining previous approval of the board can also be issued.19. therefore, having regard to the fact that the case ..... law referred to by learned counsel for the respondent, therefore, is inapplicable to the case in hand. this is more so when the authorities under the act in exercise of their legally permissible powers, held out a representation which is not contrary to or offends any legal provision of law and does not fetter any ..... september 17, 1987 (annexure p2), summoned the accused for october 21, 1987, having found sufficient ground to proceed against them under sections 276c and 277 of the act.6. shri sukhbir singh, learned counsel appearing for the petitioners, has contended that the official of the income-tax department had asked for information which was furnished. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)133PLR434
..... been approved by the state govt. state govt. had refused to approve it in view of the power vesting in it under section 72 of the punjab town improvement trust act, 1922 and also that this allotment was in violation of he utilization of land and allotment of plots by improvement trust rules 1975.20. learned counsel for the respondent, ..... if it is shown that the exercise of the power is arbitrary, unjust and unfair, it should be no answer for the state, its instrumentality, public authority or person whose acts have the insignia of public element to say that their actions are in the field of private law and they arc free to prescribe any conditions or limitations in their ..... . if its decision is influenced by extraneous considerations which it ought not to have taken into account, then the decision cannot stand. no matter that the statutory body may have acted in good faith; nevertheless, the decision will be set aside.16. in s.g. jaisinghani v. union of india, a.i.r. 1967 s.c. 1427, it was .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2005CriLJ718
..... s office or judicial process or administration of justice or generation or production of tendency bringing the judge or judiciary into contempt. section 2(c) of the act, therefore, defines criminal contempt in wider articulation that any publication, whether by words, spoken or written, or by signs, or by visible representations, or otherwise ..... maneesh chhiber, who has been described as senior correspondent of the hindustan times limited has intentionally tried to interfere with the administrative of justice. by his act and conduct, shri maneesh chhiber has tried to create a situation which is likely to undermine the independence of judiciary.let a notice be issued to ..... shri maneesh chhibber, the contemner, a senior correspondent of the hindustan times ltd. had intentionally tried to interfere with the administration of justice and by his act and conduct, had tried to create a situation which was likely to undermine the independence of judiciary. the operative part of the order dated 23-7 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)125PLR481
..... area because the landowner had neither reserved nor selected the permissible area. in this view of the matter, it cannot be urged successfully that the authorities under the act had no jurisdiction to declare the land as surplus by clubbing the land holdings of plaintiff with that of balbir singh.10. faced with this situation, learned ..... as defined inclause (f) of section 3 is to be clubbed together and taken into account for determining the permissible area. there is no provision in the act that while determining the permissible area, only an area owned and possessed by the individual member of the family is to be taken into consideration. in fact what ..... revision before the commissioner, hissar division & vide order dt. 30.7.1982, his revision was dismissed. thereafter balbir singh filed petition under section 18(6) of the act before the financial commissioner. vide order dated 5.3.1985, the financial commissioner did not find it to be a fit case for exercise of suo-motu powers under .....
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