Court : Punjab and Haryana
Decided on : Mar-14-1989
Reported in : AIR1989P& H247
..... enter into this controversy as to whether the lease could be granted orally or under a writing, for, in our view, it is sub-clause (b) of section 3 of the act which will be applicable to the case of the contesting respondents. thereunder a person shall be deemed to be in unauthorised occupation of any public premises where he, ..... , a lease in contravention of rule 6 is no lease in the eye of law and obviously the panchayat can, in such circumstances, resort to the provisions of section 4 of the act, seeking eviction of the supposed lessee who comes on the scene without a valid title under sub-rule (1) of rule 6. but here, as has been ..... contend on behalf of the contesting respondents that the jamabandi in question established a tenancy from year to year determinable only by a notice in writing under section 106 of the transfer of property act. therefore, the view taken by the commissioner in treating the contesting tenant-respondents as tenants-atwill of such a nature that they had a right .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-16-1989
Reported in : AIR1990P& H68
..... of the considered view that the approach of the learned land acquisition collector in this behalf was wrong, illegal and misconceived, and he acted illegally and with material irregularity in exercise of his jurisdiction. section 28a of the act reads as follows:--'28a (1) where in an award under this part, the court allows to the applicant any amount of compensation ..... are the persons interested, as their land was also acquired by the same notification u/s 4(1) of the act and they had not made any application to the collector u/s 18 of the act. reading the section as a whole, the persons who have been given the benefit thereunder are those persons whose land was acquired by ..... are set aside and the cases are sent back to the collector for deciding the matter afresh in accordance with law, keeping in view the provisions of section 28a of the act.5. the parties, through counsel, are directed to appear before land acquisition collector ambala city on 20th september, 1989.5. revisions allowed.
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-06-1989
Reported in : AIR1990P& H310
..... as good as an application not made. in this situation, we have no hesitation in holding that the peti-tioners are entitled to the benefit of section 28a of the land acquisition act. holding so. we quash the order of the collector annexure p-2 and remit the case back to him directing him to decide the application of ..... to him in the year 1972. the matter rested there.2. some others, who were aggrieved by the award of the collector, made timely applications under section 18 of the land acquisition act. their applications were referred to district judge. in their cases, the district judge decided the matter on 7-1-1986 enhancing compensation. before that date, the ..... on 27-3-1971. he received compensation to the tune of about rs. 76,000 - in the year 1971 itself. he made an application under section 18 of the land acquisition act to the collector for referring the case to the district judge. since the application was filed after the expiry of the period of limitation, it was rejected .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-12-1989
Reported in : AIR1990P& H53
..... through application moved the central government through the land acquisition collector, pathankot, on march 15, 1971, for the appointment of an arbitrator. no arbitrator was appointedunder section 8(b) of the act in spite of repeated requests.'this court was moved in the year 1973. thus, the question of delay did not arise in this case.6. in ..... upon the landowner to approach this court expeditiously for a direction to the respondents to comply with a statutory duty as enjoined by clause (b) of section 8(1) of the act. it is not explained by the petitioners why they did not move this court for a long period of 18 years. the inaction and delay on ..... the landowners that they were not satisfied with the compensation offered and desired that the appropriate government mayappoint an arbitrator as enjoined by clause (b) of section 8(1) of the act. there is no explanation for not moving the appropriate authority for the appointment of an arbitrator for such a long period. in the instant case, this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-06-1989
Reported in : AIR1989P& H205
..... was admitted to be correct. if the offer was accepted by the appellant at chandigarh then part of the cause of action has arisen at chandigarh.9. section 41 of the act provides that the provisions of the code of civil procedure (for short the code) shall apply to all proceedings before the court and to all appeals under ..... of which the arbitration proceedings originated and now award has been made by respondent no. 4, was conveyed by the respondents at chandigarh, and proceedings under section 28 of the arbitration act in respect of the extension of time for the making of the award by respondent no. 4, referred to above, were also initiated at chandigarh in the ..... making an application to set aside the award has expired shall pronounce judgment according to the award and upon the judgment so pronounced a decree shall follow. section 17 of the act further postulates that no appeal shall lie from such decree except on the ground that it is in excess of, or not otherwise in accordance with the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-16-1989
Reported in : (1990)97PLR662
..... and above the said compensation, besides allowing an amount equal to 12% per annum over and above the compensation from the date of notification under section 4 of the act till the date of the pronouncement of the award by the land acquisition collector or taking of the possession of the land, whichever is earlier the ..... in this regard were not received. being dissatisfied with the adequacy of the compensation awarded by the learned collector, the landowners claimants successfully sought reference under section 18 of the act to the court of the district judge, jullundur. shri m s. luni, the then additional district judge juliundur vide his impugned award dated 27th january, ..... plan the acquired land has been specified for any other purpose.9. t he definition of 'vacant land' figuring in clause (a) of section 2 of the urban land ceiling act excludes agricultural land mainly used for agriculture purposes. clause (a) runs as under:-'vacant land' means land not being land mainly used for the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-07-1989
Reported in : (1990)97PLR398
..... evidence to conclude that the land in dispute had been sold for raising construction for residential, commercial, industrial or any other building purposes as mentioned in section 2(c) of the act.9 for the foregoing reasons, i am of the considered view that the orders passed by both the courts below cannot be said to be illegal ..... would not be sufficient to hold that the land in dispute has been sold mainly for residential, commercial, industrial or other building purposes as contemplated under section 2(c) of the act it is also pertinent to note that even though the complaint, in the instant case, was filed in the year 1984 re. after more than ..... the period 6th january, 1981 to 24th january, 1982 through registered sale deeds in contravention of the provisions of section 8(1) punishable under section 11 (1) of the punjab regulation of colonies act, 1975 (hereinafter referred to as 'the act').3. mrs. bhatia, appearing on behalf of the state contended that since 20 plots sold by the respondent .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-28-1989
Reported in : (1990)97PLR1
..... at hissar had been fixed. the rant controller found the evidence adduced by the tenant insufficient to enable him to fix the basic rent under sub-section (2) of section 4 of the act, he then upheld the contractual rent of rs 175/- per mensem as fair rent plus tax. on appeal, however, the district judge, hisar, ..... 10. now it is time to juxtapose and notice the concept of 'annual value ' under section .3 (1) of the municipal act, rateable value' under the delhi act and the rateable value' under section 93 of the corporation act :punjab municipal act delhi corporation act punjab municipal corporation act (i) 'annual value' means- (a) in the case of land, the gross ..... clauses which comprise the provision. our reasons in that regard follow hereafter. we will make an attempt to dissect the provision. clause (b) of section 93 of the corporation act pertains to all kinds of buildings, be they residential, non-residential, commercial, partly one or the other. they may be self-occupied by the owner .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-02-1989
Reported in : [1990]79STC1(P& H)
..... amount of freight formed part of the 'sale price' within the meaning of the first part of the definition of that term in section 2(p) of the rajasthan act and section 2(h) of the central act and was includible in the turnover of the assessee.'13. in the present cases, there is no statutory regulation controlling the sale and ..... that the questions should be answered in favour of the respondent.6. it will be apposite to notice the various relevant statutory provisions at the threshold.section 2(h) of the central sales tax act, 1956 :' 'sale price' means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash ..... g.s.t. ref. nos. 10 to 13 of 1980.2.on applications filed by the excise and taxation commissioner, haryana, under section 42(1) of the haryana general sales tax act, 1973 (hereinafter referred to as 'the act'), the sales tax tribunal, haryana, has referred the following two questions of law for our opinion :(i) whether, on the facts .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-24-1989
Reported in : AIR1991P& H15
..... the case to the collector vide order dated february 10, 1970.4. the collector vide his order dateddecember 13, 1970 imposed a penalty of 10 standard acres under section 5(c) of the act on the land owner. the land owner challenged the same in appeal which was accepted by the commissioner vide order dated april 6, 1971 and the case was ..... that the land owner had died and the surplus area case had to be decided afresh in the light of the provisions of sections 10-a and 10-b of the act and sections 8 and 12 of the haryana act no fault would have been found with order of the collector dated february 7, 1985. as also collector agrarian was performinghis statutory duty ..... made in the writ petition. admittedly, the surplus area was not utilized in the lifetime of the land owner. he died on march 9, 1981. under sections 10-a and 10-b of the act the said holding would cease to be-the holding of the said land owner and would stand devolved and distributed between his heirs by operation of law .....
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