Court : Punjab and Haryana
Decided on : Aug-30-1989
Reported in : AIR1990P& H41
..... another government undertaking. in this view of the matter, the contract which is sought to be put forth as defence by the board as a shield under section 19a of the contract act is not available. the arbitrariness in fixing the price, according to the judicial pronouncements, referred to above, can be looked into and only to that extent. ..... for the board argued that the petitioners having accepted the price fixed at the time of allotment of the flats cannot challenge the same in view of section 19a of the contract act. this contention cannot be accepted. the board is a state under article 12 of the constitution. the entire financial control of the board is with ..... getting back a part ofthe purchase price paid and the benefit taken.the dda is covered by art. 12 and whiledetermining the price of flats constructed byit, it acts purely in its executive capacity. butafter the state or its agents have entered intothe field of ordinary contract, no questionarises of violation of article 14 or of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-04-1989
Reported in : AIR1990P& H50
..... judgment will be the same as stated in the plant. 2. the plaintiffs were the tenants on the suit land. respondents-defendants filed an application under section 14a(i) of the pubjab security of land tenures act, 1953 fortheir ejectment. the appplication was allowed by the assistant collector 1st grade, gohana vide order dated 24th september 1966 ordering their ejectment. the order ..... trespasser and he has no term and no estate or title. he is merely in occupancy without right and wrongfully.7. article 139 of the limitation act 1908 equivalent to article 67 of the limitation act, 1963 provides a period of 12 years for filing a suit for possession by the landlord against a tenant who continues to remain in possession of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-18-1989
Reported in : AIR1991P& H31
..... good conscience from cancelling the result of the respondent.21. it is obvious in view of the facts stated above, that nothing was attributed to the respondent as an overt act intentionally made on her part for misleading the board to issue her roll no. and permit her to take the examination or for getting any fact attested wrongly from the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-31-1989
Reported in : AIR1990P& H66
..... always with the insured owner of the vehicle and for undisclosed reasons, it was not produced on record. under sect ion 95(2)(b)(ii) of the motor vehicle act, 1939 (for short 'act'), the liability of the insurance company at the relevant time per passenger was limited to rs. 15000/- only. the insured on payment of higher premium can enlarge the ..... the insurance company and the tribunal on evidence has recorded a firm finding that the liability of theinsurance company is to the extent of which it is mentioned in the act and the only answer was the production of the original policy of insurance at the time of the filing of the appeal. i am not inclined to accept the application .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-19-1989
Reported in : AIR1990P& H115
..... buildings within the municipal limits of ludhiana are concerned, the same are governed by the punjab municipal corporation act, 1976. section 275 of the punjab municipal corporation act, 1976, provides that the building activity can be by a town plan or building scheme. upto 1-4-1977 the punjab municipal ..... case of the respondent that so far as the building activities within the municipal limits of ludhiana are concerned, they are governed by the the municipal corporation act, 1976.3. i have heard the learned counsel for the parties and perused the documents on the file.4. so far as construction activities of ..... act, 1911, was operative at ludhiana. under the punjab municipal act, 1911, the building activities were regulated by s. 192 of the act. as a matter of a fact s. 192 of the act .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-13-1989
Reported in : AIR1990P& H117; (1991)IILLJ165P& H
..... in exercise of the powers conferred by article 309 of the constitution of india. later, when the punjab state electricity board was established under section 3 of the electricity (supply) act, 1948, the same set of rules continued to govern the conditions of service of the petitioners even after coming into existence of the board. ..... 9) 10(7) and 10(9) of the punjab state electricity board service of engineers (electrical) regulations, 1965. by providing different conditions of eligibility for sectional officers possessing degree qualification at the time of the entry and the others acquiring degree while in service cannot by itself be said as violative of arts. 14 ..... cadre posts of asstt. engineers (civil) shall be reserved for departmental employees (technical subordinate and drawing staff) who while in the service of the board have qualified sections (a) and (b) of a.m.i.e. examination and have completed three years' service. this sub-regulation is effective from april 15, 1983. prior .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-20-1989
Reported in : AIR1990P& H288; (1990)97PLR155
..... the petitioner could not be described to be elected sarpanch as he never took oath of the office as required by s.9(l) of the act which reads as under:'section 9. oath and terms of office of panches and sarpanch and no confidence motion against sarpanch:-- (1) before entering upon the duties of his office ..... them; and property so seized shall be handed over as soon as possible to the panchayat secretary. (4) notwithstanding anything contained in this act, whoever, in contravention of the provisions of this section, wilfully evades the handing over of such records or property shall, on conviction by a judicial magistrate of the 1st class, be punishable with ..... petition no vacancy of sarpanch has accrued as is required by s. 10(1) of the punjab gram panchayat act, 1952 (hereinafter called 'the act'). s. 10(1) of the act is reproduced below, at this stage, for facility of ready reference:'section 10(1). filling of casual vacancies- (1) whenever a vacancy occurs by death, resignation or removal of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-14-1989
Reported in : 1990ACJ18; AIR1990P& H334
1. Travelling on the roof of the bus, does it per se constitute contributory negligence on the part of such passengers if due to the negligence of the bus driver injury is caused to him? Here lies the significant point in issue in this appeal.2. On June 30, 1983, the claimant-- Vijay Singh boarded Haryana Roadways Bus HRF-5190 at Fatehabad on his way home at village Bhadolan Wali on the Fethehabad-Thedi-Hanspur Road. As the bus was full to capacity, the claimant got on the roof of the bus. When this bus reached near village Thedi, there were over-head electric wires hanging across the road. According to the claimant, he got entangled with one of these wires and was thrown off the bus as a result of which he sustained serious injuries. Compensation was asked for by him in respect of these injuries.3. According to the respondents, that is, the bus-driver and the General Manager of the Haryana Roadways, the claimant had climbed on to the roof of the bus despite the express warning against...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-28-1989
Reported in : AIR1989P& H316
..... and have also gone through the relevant evidence on record.7. the scope for interference by this court in the revisional jurisdiction is given under sub-section (8) of section 18-a of the act. it reads as under : --'(8) no appeal or second appeal shall lie against an order for the recovery of possession of any residential ..... premises were being used for both purposes i.e. business as well as residence the building will fall within the definition of residential building as defined in section 2(g) of the act which provides 'residential building' means any building which is not a non-residential building. 'non-residential building' means a building which is solely used ..... not all the tenants from all parts, of the building. for ejecting the other tenants he will have to seek his remedy under section 13 of the act, in accordance with law. since section 13-a, is a special remedy to recover immediate possession of residential building given to certain persons who are specified landlords, it is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-12-1989
Reported in : [1989]180ITR251(P& H)
..... is no bar to the income-tax officer dealing with the assessment for the subsequent year to compute the loss in the previous year for the purpose of section 80 j of the act.14. the question posed has thus to be answered in the affirmative, in favour of the assessee and against the revenue. this reference is disposed of ..... years was disallowed as it had already been rejected and this rejection had become final. further, the income-tax officer observed that the preconditions for the claim under section 80j of the act for these two assessment years had not been fulfilled. the deduction to the extent of rs. 1,404 for the assessment year 1976-77 was, however, allowed ..... 1972. the assessee filed a return for the assessment year 1972-73 declaring a loss of rs. 41,651. no claim was made for any deduction under section 80j of the act for that year. the income-tax officer did not, therefore, determine the deduction admissible under this provision of law for the purposes of carrying it forward and .....
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