Court : Punjab and Haryana
Decided on : Jan-18-1973
Reported in : AIR1973P& H426
..... it was precisely for this reason that the governor expressed a desire for the issuance of a preliminary notification. when a preliminary notification under section 5(1) of the act is issued it entitles all concerned to file their objections and these objections have to be taken into consideration before the government issues a final ..... did not take into consideration the objections filed by the petitioners which was a condition precedent for the issuance of a notification under section 5 of the punjab municipal act (hereinafter called the act). shri r. k. chhibbar, the learned counsel for the respondents has placed before me the entire record on the case. a ..... has established a textile mill in village chachoki, tehsil phagwara. on december 23, 1971, the state of punjab issued a notification under sections 5 and 6 of the punjab municipal act by which it invited objections from the affected persons regarding the proposed exclusion and inclusion of areas within the limits of municipal committee, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-24-1973
Reported in : AIR1974P& H194
..... the petitioner's suit were that the petitioner was not the brother of the vendor, that the property in dispute was not land within the meaning of section 15 of the punjab pre-emption act, but was a shop, that the plaintiff had waived his right of pre-emption, and that the suit was barred by time. he submits that at the ..... of mahajan, j., in parkash singh v. harcharan singh, (1967) 69 pun lr 732. though that case related to the amendment of a recriminatory petition under section 84 of the representation of the people act, it was observed by the learned judge that certain rules are common to the amendment of a plaint and a written statement, but the written statement stands ..... order1. this petition under section 115 of the code of civil procedure is directed against the order of the court of shri subhash chander, subordinate judge second class, karnal, dated june 11, 1973, whereby he .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-05-1973
Reported in : AIR1974P& H34
..... the lease expired in february, 1969. the tenants had not done anything, after the termination of the lease, which would have attracted the provisions of section 13(2)(ii)(a) of the act. it is clear from the terms of the lease, however, that the permission had been given by the landlords to the tenant to have sub- ..... validly done during the 20 years period of lease. the petitioners had therefore in no way contravened any provision of the east punjab urban rent restriction act, 1949, hereinafter called the act, to merit eviction. the sub-tenants were inducted long before the termination of the period of lease with the written permission of the landlords which was ..... that being so, it could not be said that they had, after the commencement of the act, without the written consent of the landlords, sublet the premises and were, thus, guilty of contravention of the provisions of section 13(2)(ii)(a) of the act: and (2) that both the rent controller and the appellate authority had ignored the fact .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-03-1973
Reported in : AIR1974P& H120
..... custom was not proved, the parties could fall back upon hindu law under which the sister would be preferential heir, and reliance was placed on hindu law of inheritance (amendment) act, 1929. 6. at this stage it will be proper to deal with the decision relied upon by the learned counsel for respondent, namely mt. harnam kaur v. ratna. air 1949 ..... in mst. sukhwant kaur v. balwant singh, air 1951 simla 242, wherein it was observed as follows:-- 'the authorities show that: (a) the rule of succession under the punjab laws act, s. 5 is personal law unless the person who relies on custom proves that the parties are governed by custom and what that particular custom is; (b) and personal law .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-28-1973
Reported in : AIR1974P& H100
..... scheme could not be arbitrarily rejected. it was further observed that even though the case did not fail within the terms of section 115 of the evidence act, it was still open to a party who had acted on an representation made by the government to claim that the government would be bound to carry out the promise made by it ..... by the administration for such cases.3. the first contention of the learned counsel for the petitioners is that the government gave an undertaking while preparing a layout plan of section 11d that there would be two shops, one for halwai and the other for restaurant. petitioners nos. 1 and 2 and grandfather of petitioner no. 3 purchased the ..... for the petitioners has placed reliance on the union of india v. anglo afghan agencies, air 1968 sc 718, wherein it has been observed that where a person acted upon representations made in an export promotion scheme that import licenses up to the value of goods exported will be issued, and had exported goods his claim for import .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-29-1973
Reported in : AIR1974P& H128
..... before the collector was that he was entitled to no more than rs. 3,80,000/- including the earnest money. by virtue of the provisions of section 25 of the act, he could not be allowed to make a claim before the court for anything in excess of that amount. the proposed amendment sought to make such ..... he was as much interested in having the compensation enhanced as respondent no. 1 and that he (the petitioner) should be transposed in the proceedings under section 18 of the act as a co-claimant with respondent no. 1. the learned additional district judge dismissed both the applications through the impugned order holding that they were dishonestly ..... of the compensation was received by respondent no. 1, also under protest.respondent no.1 made to the collector an application under section 18 of the land acquisition act (hereinafter referred to as the act) objecting to the amount of compensation and requiring that the matter be referred by the collector for determination of the court. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-03-1973
Reported in : AIR1974P& H206
..... plaintiff had no right of pre-emption as regards the sale effected by mst. dakhan, mst. mahli and mst. savitri in view of the provisions of section 15(2) of the punjab pre-emption act. in the written statement it was simply pleaded that the relationship of the plaintiff as alleged in the plaint was denied. there is no allegation, much less ..... ashok kumar is the son of inder singh vendor who is admittedly the real brother of mst. mahli and mst. savitri, vendors and thus even according to section 15(2)of the punjab pre-emption act, the plaintiff has a superior right of pre-emption as regards the sale of mst. mahli and ms. savitri shri a. s. nehra, learned counsel for ..... mst. mahli and mst. savitri, inherited this land from dalu ram on his death and therefore, the suit was not governed by section 15(2) of the punjab pre-emption act but was governed by section 15(1)(c) of the act and the plaintiff had a superior right of pre-emption.5. in the court of the senior sub-judge, hissar, an application .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-29-1973
Reported in : AIR1974P& H125
ORDER1. This judgment will dispose of C. Ws. Nos. 2288 and 2626 of 1973.2. Gurinder Pal Singh petitioner in C.W. No. 2288 of 1973 passed his Pre-Medical Examination from the Punjabi University securing 411 marks without optional paper. He had applied for admission to the two Government Medical Colleges in the State. The dates of interview for the selection of candidates for admission were July 20 and 21, 1973. It is alleged that on July 19, 1973, the petitioner made enquiries from the authorities of the Government Medical College, Patiala, regarding the manner in which admissions to these institutions would be made. He was informed that 50% of the total number of seats were reserved for different categories of candidates and only 50% seats would be allotted on the basis of merit. The special reservation for various categories of students has been made vide letter dated July 7, 1972, issued by the Health and Family Planning Department, Punjab, Chandigarh. The relevant portion of this le...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-17-1973
Reported in : AIR1974P& H111
..... section 12-a of the act. smt. punna devi and smt. lachhmi devi were co-opted under section 12-b of the act and shri sardara singh was co-opted under section 12-c of the act. thereafter, a meeting for holding election to the office of the president and ..... or refusal of any nomination or improper reception or refusal of a vote or reception of any vote which is void for non-compliance with the provisions of the act or of the rules made thereunder, or mistake in the use of any form annexed thereto as materially affects the result of an election.'it shows that before ..... was presided over by the sub-divisional officer, malerkotla. the oath of office was administered to the newly elected members and the work of co-opting members under section 12-a, 12-b and 12-c of the punjab municipal act (hereinafter called the act), was taken in hand. one shri niranjan singh representing the balmiki community was co-opted under .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-09-1973
Reported in : AIR1974P& H62
..... . in this view of the matter i cannot sustain the decision of the appellate authority. the appellate authority did not examine either the provisions of section 116 of the transfer of property act or the decisions on which i have relied upon.5. for the reasons recorded above, this petition is allowed, the order of the appellate authority ..... of premises, he is bound to keep them in good repair and it is for that reason that the legislature thought fit to enact section 12 in the east punjab urban rent restriction act, 1949. section 12 is in the following terms:--'where a landlord fails to make the necessary repairs to the premises, the tenant can apply to ..... further rent notes were executed and the tenant continued to hold over. the rights and liabilities of a tenant holding over are dealt with in section 116 of the transfer of property act which is in the following terms:-'if a lessee or underlessee of property remains in possession thereof after the determination of the lease granted to the .....
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