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NaraIn Dass (Through His L.R.S.) Vs. Jai Kishan

Court : Punjab and Haryana

Reported in : (2000)126PLR786

..... for declaration against narain dass and others to the effect that the order dated 22.11.1983 of the financial commissioner, punjab, chandigarh exercising the powers of the central government under section 33 of the displaced persons (compensation & rehabilitation) act, 1954 (hereinafter called the act, divesting him (plaintiff) of his possession over 3 standard acres of land allotted to his father- tara chand (deceased in village nurpun bet, tehsil and district ludhiana vide ..... p-1 the financial commissioner revenue & secretary to government, punjab, rehabilitation department exercising the power of the central government under section 33 of the act allowed the petition and set aside the orders dated 19.11.1980 of the settlement commissioner and 19.11.1981 of the chief settlement commissioner and directed that narain dass be given possession as mortgagee of the land allotted ..... the settlement and adjustment of mortgage debts between the displaced mortgagors and mortgagees the central government enacted a special act known as displaced persons (debts adjustment) act, 1951, he could not claim relief under the provisions of the displaced persons (compensation and rehabilitation) act, 1954 after lapse of 30 years ..... for the respondent submitted that the impugned order of the financial commissioner was illegal, null and void and without jurisdiction as section 33 of the act does not authorize him to direct the allottee of the land to deliver possession of the land to the mortgagee. .....

Present: Mr. Vivek Sethi Advocate Vs. Ashwani Chopra …respondent

Court : Punjab and Haryana

..... another on a partition, and that the charge for owelty is in substance, a vendor s charge for unpaid price, it is within the exception (vii) in the above definition and is, therefore, outside the purview of the kerala agriculturists debt relief act, 1958. ..... bench judgments of karnataka and gauhati high court in commissioner of income tax vs.r.nagaraja rao (2012) 207 taxman 7 and ziauddin ahmed versus commissioner of gift-tax, assam, nagaland, meghalaya, manipur & tripura (1976) 102 itr 25.respectively in t.s.swaminatha odayar s case (supra).the supreme court was examining the nature of provision in a partition decree for a payment by one co-sharer to another of a sum of money for equalization of shares ..... instead of choosing one of the lots, group a filed an application under section 8 of the arbitration & conciliation act, 1996 which was dismissed by the company law board on 17.05.2004 laying down the modalities for the division ..... this order shall dispose of afore-mentioned four appeals filed under section 260-a of the income tax act, 1961 (for short the act ) arising out of an order passed by the learned income tax appellate tribunal, amritsar bench, amritsar in respect of assessment ..... of kerala high court in a judgment reported as parvathi amma versus makki amma air 196.kerala 85 explained the concept of owelty and held that such amount is not a debt being a liability for which charge is provide under sub clause (b) of clause (4) of section 55 of the transfer of property act, 1882. .....

Gurbachan Singh and ors. Vs. Rajinder Kaur and anr.

Court : Punjab and Haryana

Reported in : AIR1976P& H336

..... been denned insection 3 of the transfer of property act, as follows:-- ' 'actionable claim' means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the civil courts recognize as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or ..... the code does not apply to the proceedings under section 18 of the act and the amount of instalments cannot be said to be decretal ..... from the above discussion it emerges, that the amount of instalments recoverable under section 18, from the tenants, is not an actionable claim, but can be ..... i have already referred to section 18 (4) (c) of the act wherein a summary remedy has been provided forrecovering the arrears of instalments through revenue officers and it is not ..... that a tenant desirous of purchasing land under sub-section (1) shall make an application in writing to an assistant collector of the first grade, and he after giving notice to the landlord and to all other persons interested in the land and after making such enquiry as ..... in the proceedings under section 18 of the act, gurbachan singh made an application before the assistant collector on july 9, 1958, to the effect that the amount of compensation deposited by the tenants be paid to rajinder kaur in her lifetime and after her .....

Narinder Paul Singh Vs. State of Punjab and Others

Court : Punjab and Haryana

..... debt due at and before the commencement of this act to any banking company" as occurring in section 4(1) of the kerala agriculturist debt relief act, 1970, were construed by the supreme court to mean "any debt due at and before the commencement of this act ..... should be made to give effect to both of the statutes; (2) a daily wager does not hold a post as he is not appointed in terms of the provisions of the act and rules framed thereunder and in that view of the matter he does not derive any legal right; (3) only because an employee had been working for more than 240 days that ..... am approving this document chandigarh cwp no.19257 of 2013 (o&m) 10 regard to the choice of subjects but the same, in our opinion, would not mean that despite a parliamentary act having been enacted to give effect to the constitutional mandate contained in entry 66 of list i of the seventh schedule to the constitution of india, activities and functions of the ..... of its powers conferred under clauses 2014.05.29 15:40 i am approving this document chandigarh cwp no.19257 of 2013 (o&m) 5 (e) and (g) of section 26(1) of the ugc act and in supersession of the university grants commission (minimum qualifications required for the appointment and career advancement of teachers in universities and institutions affiliated ..... section 67(a) introduced into the bihar state universities act, 1976, by the bihar state universities (amendment) act, 2006, and the corresponding amendments made in the patna university act, 1976 .....

Sant Lal Tek Chand Vs. State of Haryana and anr.

Court : Punjab and Haryana

Reported in : (1990)97PLR426; [1990]76STC283(P& H)

..... continues to make default in the payment or a sum of ten rupees, whichever is greater : provided that where the recovery of any tax or penalty is stayed by the appellate authority under sub-section (6) of section 39 or by the high court or the supreme court, the amount of such tax or penalty shall be recoverable with interest at the rate mentioned above on the amount ultimately found due ; and such interest shall be payable on such amount from ..... sawhney that the provisions contained in the impugned proviso to sub-section (1) of section 59 of the act in so far as it provides for charging of interest right from the date the tax or penalty first became due even in case where the order of stay was granted by the high court or the supreme court and charging of interest even for the ..... drawn between provisional assessments made within the year and provisional assessments made beyond the year for the purpose of collecting interest in accordance with the terms of section 16(3).as the liability to pay interest under section 16(3) is automatic and arises by operation of law the assessing authority is not under an obligation to issue a show cause notice before levying interest on the ..... defaulting tax-payers and such defaulters cannot claim that the amount of interest payable by them on tax payment should be scaled down as if they were entitled to claim relief tinder a debt relief law. ..... putting restrictions on the powers of the high court or the supreme court, to grant relief to the citizens. .....

Buta Mal Vs. the Financial Commr., Relief and Rehabilitation, Simla an ...

Court : Punjab and Haryana

Reported in : AIR1952P& H392

..... an order under section 45 of the specific relief act. ..... a review of these judgments, i am of the opinion that this court has no jurisdiction to issue a writ of 'certiorari' against the director-general of relief and rehabilitation or against the financial commissioner merely because of the location of their office within the jurisdiction of this court or merely because the order was passed within ..... thought that the matter fell within the jurisdiction of this court because the custodian-general was residing at delhi as the court acts in personam ' and looks to the fulfilment of its order to the person of the respondent'.the learned judge also gave a reason for holding that this court ..... that the land has been allotted to har kaur in lieu of maintenance because according to the order of the director-general of relief & rehabilitation it has not been proved that the widow has been paid any maintenance. ..... this is a rule obtained against the financial commissioner, relief and rehabilitation, simla, the director, relief and rehabilitation, punjab, the additional custodian, punjab, the director, relief and rehabilitation, pepsu, the assistant commissioner, bhatinda, the assistant commissioner, sangnir, and the deputy commissioner, ludhiana, to show cause why writs of ..... to discuss at great length the power oc this court to issue writs of certiorari against officers who are within the jurisdiction of this court but are acting in regard to a matter which is outside the jurisdiction of this court. .....

Narender Mohan Vs. Hari Ram and ors.

Court : Punjab and Haryana

Reported in : (2008)150PLR687

..... the learned senior counsel contends that the price of the land at the time of agreement of sale was about rs.4 lacs per acre whereas it was agreed to be sold at the rate of rs.73,000/-per acre, therefore, provisions of section 20 of the specific relief act (for short the act) come into operation as section 20(2)(a) provides that the contract which gives unfair advantage to the plaintiff cannot be enforced. 10. ..... the courts below were justified in decreeing the suit by ignoring the provisions of section 20 of the specific relief act, 1963?6. ..... rai 2001 (2) rcr (civil) 647 as no such plea was raised before the earned courts below as in order to take benefit under section 20 of the act the parties have to set up their case before the learned trial court and lead evidence on the said point. 12. ..... it may also be mentioned that in support of the contention that the appellant was entitled to the benefit of section 20 of the act reliance was placed on the judgment of hon'ble supreme court in the case of his holiness acharya swami ganesh dassji ..... learned courts below have rejected the plea raised by the appellant-defendant in view of sections 91 and 92 of the evidence act which bar the leading of oral evidence with regard to the documents. ..... that as the value of the property as on the date is rs.6 crores per acre in view of area coming within the municipal limits the execution of the agreement would cause undue hardship and therefore, he is entitled to protection of section 20(b) of the act. .....

Present: Mr.Akshay Bhan and Mr.Santosh Sharma Advocates Vs. Joginder S ...

Court : Punjab and Haryana

..... elaborating to the depth, the aforesaid ingredients which are required to be fulfilled to maintain a suit under section 34 of the specific relief act, it would be suffice to say that person claiming any declaration may seek his legal character and right ..... reading of aforesaid section it transpires that in a suit under section 34 of the specific relief act: (i) the plaintiff must be a person entitled to any legal character or to any right as to property (ii) the defendant must be a person denying, or interested to deny, the plaintiff's title to such character or right; (iii) the declaration sued for must be a declaration that the plaintiff is entitled to a legal character or to a right to property; and (iv) where the plaintiff is able to seek further relief than a mere ..... would be expedient to refer to section 34 of the specific relief act which reads as under:- 34. ..... relief of such nature which has been sought in this case, appears to me, does not fall within the scope of section 34 of the specific relief act ..... title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief: provided that no court shall make any such declaration where the plaintiff, being able to seek further ..... in the instant case, the plaintiffs have not sought any relief that he is entitled to any legal character or right to any property, he is asking to declare the right of the defendants which .....

Anil Rishi Vs. Gurbaksh Singh

Court : Punjab and Haryana

Reported in : AIR1999P& H121; (1998)119PLR417

..... the submissions raised before the trial court was that the suit as framed was hit by the provisions of section 34 of the specific relief act as no relief for declaration could be claimed without praying for a consequential relief therefrom. ..... the provisions of section 31 of the specific relief act clearly provides that where a document and a written instrument is void or voidable the party has a right to sue to have the same adjudged as void or voidable and if the court so adjudges then it has the discretion to order ..... in order to bring the case under section 7(iv)(c) of the act the main and substantive , relief should be that of a declaration and the consequential relief should be ancillary thereto. ..... because in a suit under that clause, the main relief is that of a declaration and the consequential relief is just ancillary.xx xx xx xx xxin case the main relief in the suit is held to be that of cancellation of the sale deed, then the case is not covered by section 7(iv)(c) and the onlyprovision applicable is article 1, schedule i of the act. ..... it be declared that the sale deed, got executed from her as a result of the fraud was void and not binding on her, does not convert the suit into one for a declaration with the consequential relief of possession so as to fall within the provision of section 7(iv)(c) of the act. ..... the main relief is that of the cancellation of the deed, and the declaration if any, is only a surplusage, the case would not be covered under section 7(iv)(c) of the act. .....

Hind Motors (India) Ltd. Vs. Raj Kumar Arora and anr.

Court : Punjab and Haryana

Reported in : 2008(3)ARBLR127(P& H); (2008)2PLR366

..... observed:.merely because the sections of the specific relief act confer discretion on courts to grant specific performance of a contract does not mean that parties cannot agree that the discretion will be exercised by ..... it would also be necessary to mention here, and as asserted by counsel for the respondents that their objections, in reply to the application, filed under section 8 of the act, as to the absence of the attested copy of the agreement to sell or the original thereof, the absence of any dispute and various other assertions, were not considered ..... there such a prohibition contained in the arbitration and conciliation act, 1996 as contrasted with section 15 of the english arbitration act, 1950 or section 48(5)(b) of the english arbitration act, 1996 which contained a prohibition relating to specific performance ..... there is no prohibition in the specific relief act, 1963 that issues relating to specific performance of contract relating to immovable property ..... the matter is remitted to the learned trial court to decide the application, under section 8 of the act, afresh in accordance with law, after taking into consideration all such objections/assertions as may be ..... in the grounds in this court is that the grant of specific performance is discretionary and the discretion to grant or not to grant specific performance has been conferred by the specific relief act, 1963 on the civil court and hence the arbitrator cannot be deemed to have been empowered to grant such a relief.33. .....