Court : Punjab and Haryana
Decided on : May-14-1991
Reported in : AIR1992P& H1; [1992]75CompCas733(P& H)
..... not only received the authority or concession or privilege to conduct public examinations but had been statutorily recognised by s. 2(s) of the delhi education act as a body of persons or a society recognized and authorised by the government to discharge the public function or the government function of imparting education. the ..... air 1985 delhi 142 (fb), the question for consideration was whether the council for indian school certificate examination which was a society registered under the societies registration act, 1860, was an instrumentality of the state within art. 12/226 of the constitution of india. it was observed that the council had entered into an ..... of the respondent-institute both structurally as well as functionally.15. the institute was incorporated as a public limited company under s.26 of the indian companies act, 1913. the membership of the institute was restricted to fivecategories of members. the members were required to pay specified fees per annum. the management of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-23-1991
Reported in : AIR1992P& H39
..... application filed by the landlady had been dismissed and hence the present application on the same ground was not filed bona fide.6. if the scheme of the act which wasamended in 1985 is taken into consideration, it would show that the legislature intended that the government servants retiring or having retired should be able to get ..... that filing of an affidavit without containing such grounds which could be supplemented at a later stage, cannot be accepted. the very purpose of the amendment of the act made for summary eviction of the tenant at the instance of the specified landlord for personal requirement of the landlord would stand frustrated.7. it has been argued ..... insisted upon. i am afraid this is not the correct reading of the judgment. the direction for compliance of the procedure provided u/s. 18-a of the act contemplates filing of the affidavit containing the grounds for leave to contest. shri sarin has further relied upon the decision of this court in shivshankar lal v, surender .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-12-1991
Reported in : AIR1992P& H42
..... trust has informed shrimati jagjit kaur that the provision regarding enhancement of price as a result of the decision in the reference u/s. 18 of the land acquisition act is not applicable to plot no. 21-d. consequently, the learned counsel contends that the action of the respondents in demanding higher price is barred by the principle ..... case. it appears that the respondents are merely implementing the provisions of the rules. consequently, the contention based on the alleged violation of s. 23 of the contract act cannot be sustained.13. it was next contended that the action of the trust was even violative of art. 14 of the constitution of india. certain plots had ..... compensation payable to the parties, whose lands had been acquired by the trust for the execution of the scheme ofkitchlu nagar on account of the amendment in land acquisition act, 1894, made in the year 1984, vide which not only the rate of compensation was enhanced but also solatium and interest had been increased from 15% to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-10-1991
Reported in : AIR1992P& H62
..... been certified to the revenue officer, it amounts to an automatic stay of proceedings pending disposal of the appeal. if the orders specifically dealt with in the act against which an appeal is provided or which otherwise determine the rights of the parties, like an order refusing partition, order determining title of the parties, are ..... excluded from partition whereas s. 120 contains provisions with regard to distribution of revenue and rent after partition. in so far as s. 121 of the act is concerned, it only says that when partition is completed the revenue officer will cause an instrument of partition to be prepared andthe date on which the ..... respondents. they moved an application before the assistant collector 1st grade, gurgaon, for partition of the joint land under s. 111 of the punjab land revenue act, 1887 (hereinafter called the act) on 3rd november, 1986. mode of partition was drawn on 5th october, 1987 and objections filed by the petitioner or khem ram, respondent no. 3, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-05-1991
Reported in : AIR1992P& H109; (1992)101PLR291
..... regulations of the punjab university as contained in the punjab university calendar is concerned, the contention of the learned counsel is without any basis. s. 27 of the punjab university act, 1947, provides that a college applying for affiliation to the university shall satisfy certain conditions laid down by the syndicate of the university. these conditions are regarding the necessity of ..... body, qualified staff, adequate building and other facilities of boarding and lodging of the students, library, proper educational facilities, etc. provision has also been made under s. 30 of that act for disaffiliation of the college on certain conditions. under s.31, power has been given to the senate for making regulations which dealt with the appointment of staff and for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-23-1991
Reported in : AIR1992P& H138
..... we think, therefore, that subject to what we are going to say on the last point, the plaintiff can claim relief under section 15 of the specific relief act.'7. from a reading of the abovequoted passage it is clear that the lahore high court as also the hon'ble supreme court have pointedly held that the relinquishment ..... agreement ex. p.1.5. we have heard mr. viney mittal, learned counsel appearing for the appellants, who has based his claim on the interpretation of section 12 of the act. section 12, insofar as is relevant, is reproduced hereunder:'12. specific performance of part of contract :-- (1) except as otherwise hereinafter provided in this section, the court ..... and, as such, was not competent to sell that particular portion. reliance was placed by the learned single judge on section 12 of the specific relief act, 1963 (hereinafter called the 'act') to hold that if the appellant was to succeed in the suit for specific performance of the area agreed to be sold minus the area of 46 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-14-1991
Reported in : AIR1992P& H145; (1992)101PLR54
..... of all these three documents were not produced in this case. photo copies with due attestation were produced as above. section 63 (2) and (3) of the evidence act reads as under:--'63. secondary evidence:-- secondary evidence means and includes:-- (2) copies made from the original by mechanical processes which in themselves ensure the accuracy of the ..... 'verify', 'authenticate', 'certify' or 'attest the execution' of any instrument are not synonymous words as provided under s. 8 referred to above. these are separate acts to be performed by the notary in respect of instruments. execution of instruments can be attested by the notary. at the same time the notary can also verify the ..... above. he was competent to record such certificate as provided under s. 8 of the notaries public act, extract of which is as under:-- '8. function of notaries:-- (1)a notary may do all or any of the following acts by virtue of his office, namely:-- (a) verify, authenticate, certify or attest the execution of any .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-14-1991
Reported in : AIR1992P& H148
..... be accepted by or on behalf of the donee to make it complete failing which the gift will be bad because it is so provided in s. 122 of the act.8. in the present case the gift deed were executed and registered on 29-10-1969. the same were attested by gurbachan singh, sarpanch and gunnel singh, panch as ..... the donee. without delivery of possession of the property, gift remains inoperative. same is the position under hindu law. section 123 of the act merely seems to have an effect rendering unnecessary the delivery of possession, substituting, as it does, registration for delivery of possession. even a reading of section 123 of the ..... a reading of the aforesaid judgments would show that the decisions were rendered under the customary law and not under s. 123 of the transfer of property act (hereinafter referred to as the act). under the custom, a gift could be made but to make it valid, it was necessary that the possession of the property should be delivered to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-13-1991
Reported in : AIR1992P& H153
..... of the allahabad high court in bishambhar nath agarwal v. kishan chand, air 1990 all 65. it wasobserved as under (at page 71):--'if any agreement states that a particular act relating to the furtherance of the contract has to be done in a particular manner, then it should be done in that manner and it is not open to the ..... of this court in dhanna singh v. malkiat singh, (1983) 85 plr 275. on the other hand it has been argued that after the new specific relief act has come into force, the act does not provide for any such condition to deny the relief of specific performance. particulars given in the forms attached to the schedule in the civil p.c .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-11-1991
Reported in : AIR1991P& H258
..... punjab, was appointed as arbitrator. the contractor did not submit before him presumably he was found inconvenient. the arbitrator in this case, who was expected to act impartially acted in a partisan manner as indicated in the earlier part of the judgment. registrar (judicial) is directed to send a copy of the judgment by name ..... the arbitrator has not been appointed before the expiration of thirty days after defect liability period. if the arbitrator so appointed is unable or unwilling to act or resigns his appointment or vacates his office due to any reasons whatsoever, another sole arbitrator shall be appointed as aforesaid. the arbitrator shall be ..... one officer from the list, who shall then be the sole arbitrator. the arbitration shall be conducted in accordance with the provisions of the indian arbitration act, 1940 or any statutory modification thereof. the arbitrator shall determine the amount of costs of arbitration to be awarded to either parties. performance under the contract .....
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