Court : Punjab and Haryana
Decided on : May-28-1973
Reported in : AIR1974P& H104
..... punj 315, in which while discussing the question as to whether the expression 'arrears of rent' occurring in the proviso to clause (i) of subsection (2) of section 13 of the act meant the rent, which was due from the tenant and remained unpaid on the date of the application or on the date of the first hearing, the learned judges ..... fifth month was not paid, no default in respect of that payment can be said to have occurred. the reason is that, according to section 13, sub-section of the east punjab urban rent restriction act, rent in the absence of a specific agreement fixing the date for payment is payable 'by the last day of the month next following that ..... 1968. according to the learned counsel, after the filing of the ejectment application, the tenant could only succeed if he had complied with the proviso to section 13(2)(i) of the act, which says:'provided that if the tenant on the first hearing of the application for ejectment after due service pays or tenders the arrears of rent and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-30-1973
Reported in : AIR1974P& H99
..... meeting of the panches shall be called to consider the no-confidence resolution. in the absence of any specific provision, the principle discernible in section 21 of the general clauses act, 1897, can be resorted to, that is, the meeting for the removal of a sarpanch by passing a no-confidence resolution shall also be ..... own risk.3. it is vehemently argued by the learned counsel for the petitioners that the meeting had not been summoned in accordance with law section 9 of the gram panchayat act, as was in force in the state of haryana after its amendment effected in 1971, in so far as relevant, reads as under:--'9. ..... panches consisting the gram panchayat at its extraordinary general meeting held with previous permission of the director:... ... ... ... ... ...' 'director' in this section means the director of panchayats appointed under the act. rule 38 of the haryana gram panchayat (first amendment) election rules 1971, provides for the meeting to be called for election of sarpanch and is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-19-1973
Reported in : AIR1974P& H46
..... suresh chand against the union of india. it was instituted on february 16, 1957. the evacuee property was purchased at public auction on a statutory sale under section 20 of the act read in conjunction with rule 87 of the displaced persons (compensation and rehabilitation) rules, 1955 on the highest bid of rs. 49,100 given by parma nand ..... issue no. 1 to the effect that civil court had no jurisdiction, the court of the district judge took the view that civil court had jurisdiction and section 46 of the act was no bar to the maintainability of the suit. having given findings on other issues in favour of the plaintiff, the district judge, while allowing the appeal ..... without consideration and legal necessity and the sale proceeds had been frittered away by the vendor for immoral purposes. on february 25, 1958, the land was, under section 20 of the act, put to sale by the managing officer at public auction. the highest bid of rs. 49,100 of parma nand plaintiff was accepted. he became the owner .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-29-1973
Reported in : AIR1974P& H299
..... by article 131 thus clearly comes into operation. in order to meet it, applications have been filed on behalf of the judgment-debtors under sections 5 and 14 of the limitation act with the prayers that the delay in filing the applications for revision of the orders of the executing court be condoned. it appears to me ..... to a final determination of any question relating to execution discharge or satisfaction of a decree and that being so, it did not fall within the ambit of section 47, civil procedure code. we are in entire agreement with this observation. the proceedings that commenced with the decree-holder's application for restoration of the execution and ..... by the court on that date were produced before its case was closed. no evidence was led by the judgment-debtors. exercising its inherent powers under section 151 of the code of civil procedure the executing court accepted both the applications and restored the two execution proceedings after giving a finding that the statements made .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-11-1973
Reported in : AIR1974P& H232
..... the aforementioned cases applies to the present case. defendant no. 1 failed to state the differences between the parties in the application filed by him under section 34 of the act, which he ought to have done. in the circumstances, the proceedings could not be referred to the arbitrator. the trial court has erroneously held that the ..... been stated in the application, the application was liable to be dismissed on that ground alone. thereafter, no application was filed to amend the application under section 34 of the act and incorporate therein the disputes existing between the parties. in the plaint, it has been stated that due to the sad demise of shri tek chand ..... participated in the proceedings or contributed to their progress that it can be inferred that they had given up their right to filed an application under section 34 of the act.7. the learned counsel for the appellants has further urged that both the parties requested for an adjournment on november 16, 1970 for effecting a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-30-1973
Reported in : AIR1974P& H43
..... applicable to present case.7. the learned counsel for the state has also urged that an alternative remedy is available to the petitioner under sub-section (2) of section 100 of the act and this court should not interfere in the present case. i am also unable to agree with the learned counsel for the state. alternative ..... suspended and further action by the panchayat and lessee is stayed. further construction is also prohibited. issue show cause notice and summon record.'6. under section 97 of the act, the deputy commissioner can suspend the execution of any resolution or order of the gram panchayat other than an order passed in the judicial proceedings. before ..... deputy commissioner in which it is stated that he suspended the resolution of the gram panchayat under the provisions of sub-section (1) of section 97 of the gram panchayat act, 1952(hereinafter referred to as 'the act') and that he had the jurisdiction to do so. a notice was also given to the petitioner. the petitioner cannot .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-09-1973
Reported in : AIR1974P& H208
..... . i, therefore, affirm the finding of the trial court that the suit is within limitation.11. the learned counsel for the respondent has also placed reliance on section 15 of the act which says that in computing the period of limitation prescribed for any suit or application for the execution of a decree, the institution or execution of which has been ..... equity, justice and good conscience. it has been held in ditt mal bhagat ram v. mela ram, 153 ind cas 119 = (air 1934 lah 664(1)) that the interest act is not exhaustive and the court can award interest on principles of equity, justice and good conscience. in a division bench judgment of this court in sat parkash l. tara ..... , payment of which was disputed by the bank.5. it will also be necessary for deciding the point of limitation to reproducer articles 59, 60 and 63 of the act, which are as follows:--description of suit period of limitation time from which period begins to run 59. for money lent under an agreement that it shall be payable on .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-02-1973
Reported in : AIR1974P& H203
..... who was an advocate, at karnal. in september, 1969, the husband filed a petition against her in delhi for restitution of conjugal rights under section 9 of the hindu marriage act, 1955. it remained pending for about two years and, thereafter, it was withdrawn. in september/october 1971, he brought a petition against her ..... for judicial separation under section 10 of the act, again in delhi. it appears that the said petition was still pending, when the present pauper application was filed on 14th december, 1971, in karnal ..... . 200/- in the two earlier petitions....... for restitution of conjugal rights under section 9 of the hindu marriage act, 1955, which was filed in september, 1969, and withdrawn after about two years, and the second for judicial separation under section 10 of the act, which was brought by the husband in september/october, 1971, and was still .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-27-1973
Reported in : AIR1974P& H225
..... at the rate of rs. 100/- per month with effect from the date (15-4-1972) of her application made in the court of first instance under section 24 of the act. there is no interference with the amounts fixed as litigation expenses in the two courts. the parties shall bear the costs incurred by them in this appeal, ..... by a division bench of this court in usha v. sudhir kumar, ilr (1973) 2 punj and har 248, that in the wife's application under section 24 of the act, the provision for necessities of the minor children can also be taken into account while fixing the quantum or rate of interim maintenance. even if the respondent has ..... . during the pendency of the husband's petition for restitution of conjugal rights against his wife under section 9 of the hindu marriage act, 1955(hereinafter briefly referred to as 'the act') both spouses had applied for interim maintenance under section 24 of the act. the husband's application for interim maintenance was dismissed and he has not filed any appeal. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-25-1973
Reported in : AIR1973P& H417
..... arbitrator having been appointed without notice to them, should have been raised by means of an appeal against the award under s. 68(1)(h) of the act. by virtue of section 82 of the act, any order, decision or award without jurisdiction. even if these objections were to be accepted, at the most, all that could be said was that the ..... to decide right or to decide wrong and even though they decide wrong, the decrees rendered by them cannot be treated as nullities. it is true that section 3 of the limitation act is peremptory and that it is the duty of the court to take notice of this provision and give effect to it even though the point of limitation ..... them and it could not be questioned in a civil court on any ground whatsoever. the jurisdiction of the civil courts in this behalf is specifically barred under section 82(3) of the act.13. it was contended by the learned counsel for the appellants that in the instant case, the award being without jurisdiction, the civil courts will have the .....
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