Court : Punjab and Haryana
..... the plaintiff again pressed for grant of specific performance of contract by setting aside of the partial decree granting alternative relief by refund payment of rs.29,000/- with interest while on the other hand the defendant argued for maintaining the judgment of the court of first instance ..... the well settled proposition of law that in a suit for specific performance of an agreement with respect to sale of immovable property, the normal rule is to allow the specific performance and it is only in rare circumstances that the said relief can be denied and deviation from this normal rule may give rise to a substantial question of law. ..... , unlike the trial court, the first appeal court has not gone into the question of undue hardship to the defendant or whether the discretionary relief of specific performance ought to be granted in a suit filed in 2008 against an agreement to sell executed in 1993. ..... however, while declining the discretionary relief of specific performance, learned trial judge granted the alternative relief of recovery of money to the extent of rs.29,000/- from the defendant @ 12% per annum from the date of filing of the suit till the passing of the decree with 6% per annum interest from the date of decree ..... none of these three cases presents the angular features of this court where great distances are involved to do reasonable acts and things in relation to the agreement to sell. ..... plaintiff appears to have sat on the fence failing to act promptly as prudent person might. .....
Tag this Judgment!Court : Punjab and Haryana
..... in the peculiar facts of the case, it is directed that if any such claim is filed on behalf of any of the petitioners, before the certifying officer, under section 10 of the act, for seeking modification of clause 24 of the standing orders, such claim be decided by the competent authority expeditiously, but not later than four months of the date of receipt of a certified ..... shall thereupon certify the draft standing orders, after making any modifications therein which his order under sub-section (2) may require, and shall within seven days thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his order under sub-section (2) to the employer and to the trade union or other prescribed representatives of the workmen. ..... from the above quoted provisions of the sections of the act, it is clear that the petitioners have an effective alternative statutory remedy, to which they should be relegated especially when even earlier the retirement age was reduced from 60 to 58 years through proceedings under the act and that in the present petition, there is no challenge to clause 24 of the standing orders, which provides that the age of retirement of the ..... that jurisdiction is not intended as an alternative remedy for relief which may be obtained in a suit or other mode ..... not therefore act as a court of appeal against the decision of a court or tribunal, to correct errors of fact, and does not by assuming jurisdiction under article 226 obtaining relief. .....
Tag this Judgment!Court : Punjab and Haryana
..... 1877, or as evidence of part performance of a contract for the purposes of section 53a of the transfer of property or as evidence of any collateral transaction not required to be effected by registered instrument." 11 ..... by section 17 or by any provision of the transfer of property act, 1882 to be registered shall- (a) affect any immovable property comprised therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting such property or conferring such power; unless it has been registered: provided that an unregistered document affecting immovable property and required by this act or the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, ..... a cannot revoke this authority, nor can it be terminated by his insanity or death, "(a) a gives authority to b to sell a's land, and to pay himself, out of the proceeds, the debts due to him from a ..... illustrations (a) a gives authority to b to sell a's land, and to pay himself, out of the proceeds, the debts due to him from a .....
Tag this Judgment!Court : Punjab and Haryana
..... from the position of law made clear in the aforementioned decisions, it follows that (1) under section 16 of the land acquisition act, the land acquired vests in the government absolutely free from all encumbrances; (2) the land acquired for a public purpose could be utilised for any other public purpose; and (3) the acquired land which is vested in ..... the state of haryana issued notification dated 18.10.2000, annexure p.1 under section 4 read with section 17 of the act for acquiring land of the petitioner for a public purpose namely for the development and utilisation of land for cremation ground in karnal ..... in this petition is for quashing the notifications under sections 4 and 6 read with section 17 of the land acquisition act, 1894 (in short, "the act") dated 18.10.2000 and 19.10.2000 and award dated 23.3.2002, annexures p.1 to p.3 respectively being illegal, arbitrary, malafide and contrary to the provisions of the act. ..... notification under section 6 read with section 17 of the act was issued on 19.10.2000, annexure ..... a civil suit was filed by the petitioner in the year 2006 for declaration and consequential relief of permanent injunction which was dismissed on 11.11.2011. ..... in the instant case, even under section 48, the government could not withdraw from acquisition or to re- convey the said land to the respondent as the possession of the land had already been ..... the petitioner filed a civil suit in the year 2006 for declaration and consequential relief of permanent injunction. .....
Tag this Judgment!Court : Punjab and Haryana
..... or regularity of an election been found guilty of any corrupt practice; or (e) if he has been found guilty of any offence punishable under section 153a or section 171e or section 171 f or section 376 or section 376a or section 376b or section 376c or section 376d or section 498a or section 505 of the indian penal code, 1960 or any offence punishable under chapter xiii of this act unless a period of six years has elapsed since the date of such conviction; or (f) if he holds an office or profit under a panchayat ..... of either house of the parliament or of the legislature of punjab state: provided that a member of either house of the parliament or the legislature of punjab state may be elected as a member as defined in clause (zg) of section 2 of the punjab panchayati raj act, 1994 (punjab act no.9 of 1994) or as a member of the municipality, if, alongwith his nomination paper, he gives undertaking to the effect that he shall resign the membership of either house of the parliament or of the legislature of punjab state ..... the age of twenty one years; or (l) if he has been convicted of any offence involving moral turpitude or an offence implying of any defect in the character of a member as defined in clause (zg) of section 2 of the punjab panchayati raj act, 1994 (punjab act no.9 of 1994) or a member of the municipality unless a period of five years has elapsed since his conviction; or (m) if he is registered as a habitual offender under the punjab habitual offenders (control and ..... relief .....
Tag this Judgment!Court : Punjab and Haryana
..... the dispute regarding forcibly dispossession, if any, as alleged by respondent no.3 cannot be said to touch the constitution, management or the business of the society and, therefore, it was clearly outside the provisions of section 55 of the act and could not be referred by the registrar to the arbitrator for decision. ..... jagdeep bains, leaned counsel for respondent no.1, has argued that under section 55 of the act, the dispute which can be referred to the arbitrator, would be with regard to the business of the society and the same will not include the dispute regarding service condition(s) of employee of the ..... the dispute related to alterations of a number of conditions of service of the workmen which relief could only be granted by an industrial tribunal dealing with an industrial dispute. ..... (2)for the purpose of sub-section (1), the following be deemed to be disputes touching the constitution, management or the business of cooperative society, namely- (a) a claim by the society for any debt or demand due to it from a member or the nomonee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a society against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the ..... the lower appellate-court while referring to the judgments passed in ram singh v the gandher agricultural cooperative service society, 1976 plj 162; gurdit singh and others v. .....
Tag this Judgment!Court : Punjab and Haryana
..... moreover, the appellants had filed suit for mere declaration and had not sought relief of possession under section 34 and 35 of the specific relief act. ..... the mere fulfilment of section 68 of the indian evidence act and 63 of the indian succession act, 1925 does not require the court to act in stereotype manner. ..... further the relief of permanent injunction had become infructuous, as respondent no. ..... further the suit being bad for want of service of notice under section 80 cpc. ..... relief." 6. .....
Tag this Judgment!Court : Punjab and Haryana
..... section 23 of the act, provides for penalties in case any person who fails without reasonable cause to give any information which it is his duty to give under any of the provisions of sections 8 and 9 or gives or causes to be given, for the purpose of being inserted in any register of births and deaths, any information which he knows or believes to be false regarding any of the particulars required to be ..... if such a decision is challenged the court also ought not to grant any relief even if it is shown that the date of birth, as originally recorded, was incorrect because the candidate concerned had represented a different date of birth to be taken into consideration obviously with a ..... (1976)1 slr 402 ..... )2 scc 355, the court held that the rule of estoppel is a rule of evidence and the general rule is enacted in section 115 of the indian evidence act, which lays down that one person has by his declaration, act or omission caused or permitted another person to believe a thing to be true and to act upon that belief, neither he nor his representative shall be allowed in ay suit or proceeding between himself and such person or his ..... the same period as would otherwise be allowed from the time specified therefor in the third column of the schedule but special limitation as an exception has been provided in section 8 laying down that extended period after cessation of the disability would not be beyond three years from the date of cessation of the disability or death of the disabled person. .....
Tag this Judgment!Court : Punjab and Haryana
..... , or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in india having jurisdiction to grant the relief claimed, or in any court beyond the limits of india established or continued by the central government and having like jurisdiction, or before the supreme court. ..... sudhakaran and others 2009 (3) civcc 785, where the question was `whether the defendant in a suit can invoke section 10 of the civil procedure code to stay the suit, on the ground that the execution petition filed by him to execute the decree in his favour in the previously instituted ..... trial of the subsequently instituted suit has proceeded without any object and the same has terminated with the delivery of the judgment and the preparation of the decree of that court, then section 10, civil procedure code has no relevance because it only prohibits the `trial of the suit' and no further. ..... passed which is deemed to be a decree in terms of section 22e of the act, the execution of which was sought by the petitioner. ..... section 10 of the civil procedure code provides that no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court having jurisdiction to grant the relief .....
Tag this Judgment!Court : Punjab and Haryana
..... apex court in suraj lamp & industries pvt.ltd.versus state of haryana (2012) 1 scc656and it was, accordingly, held that power of attorney, executed under the power of attorney act, 1882, gives the agent a right to use the name of the principal, as per the terms and conditions and can convey title on behalf of the grantor, within the ambit of the deed. ..... in possession and he seeks not only a declaration that the sale deed is invalid, but also a consequential relief of possession, he is to pay the advalorem court fee as provided under section 7(iv)(c) of the act and such valuation in case of immovable property shall not be less than the value of the property as calculated in the manner provided for shivani gupta201412.04 13:43 by clause (v) of section 7 of the act. ..... not in possession, and he seeks not only a declaration that the sale deed is invalid, but also the consequential relief of possession, he has to pay an advalorem court fee as provided under section 7(iv)(c) of the act. ..... section 7(iv)(c) provides that in suits for a declaratory decree with consequential relief, the court fee shall be computed according to the amount at which the relief ..... the suit for declaratory decree with consequential relief is with reference to any property, such valuation shall not be less than the value shivani gupta201412.04 13:43 i attest to the accuracy and integrity of this document chandigarh c.r.no.7866 of 2014 4 of the property calculated in the manner provided for by clause (v) of section 7. . .....
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