Court : Punjab and Haryana
Decided on : Nov-05-2003
Reported in : II(2004)ACC108; AIR2004P& H162; (2004)136PLR440
..... i.e., railway risk rate, then the railway administration is liable for the loss or damage caused to the same during the course of transit.15. section 78 of the act pertains to exoneration from responsibility in certain cases, which reads as under:-78. exoneration from responsibility in certain cases.- notwithstanding anything contained in the foregoing ..... or the consignee;g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;h) latent defects;i) fire, explosion or any unforeseen risk;provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of ..... the state of despatch. in view of the aforesaid judgments, i am of the opinion that the railway administration was not entitled for any benefit under section 74 of the act.21. in view of the aforesaid discussion, the instant appeal is allowed with costs. the impugned judgment and decree passed by the learned trial court is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-12-2003
Reported in : (2003)134PLR602
..... the landlord and the tenant that a harmony is sought to be struck whereby the boha fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have ..... the subsequent events and developments occurred after the initiation of the ejectment proceedings and can reappraise the evidence while hearing the revision under section 15(5) of the east punjab urban rent restriction act, 1949. by taking those events and developments into consideration, i am of the opinion that ejectment of the petitioners on the ground ..... landlord is not justified. the hon'ble supreme court in amarjit singh v. smt. khatoon quamarain's case (supra) has observed as under:-'the rent restricting acts are beneficial legislations for the protection of the weaker party in the bargains of letting very often. these must be so read that these balance harmoniously the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-18-2003
Reported in : (2004)137PLR411
..... by the allottee shall not be that of a landlord and tenant, as understood in the normal parlance and under the provisions of the rent act?26. section 4 of the housing board act, the scope and parameters of which we are examining to our mind, does not deal with any relationship between an allottee and his tenant.27 ..... five years, from the date of the sewerage connection etc. as provided in the notification. it is not in dispute that no such notification under section 3 of the rent act has been issued by the chandigarh administration exempting the dwelling units allotted by the housing board to various allottees. in this view of the matter, perse ..... ejectment order against the tenant.5. landlord dharminder kumar vashisht has now filed the present civil revision no. 4775 of 2001 before this court. application of section 4 of the act to the relationship between the landlord and tenant has been challenged. additionally it has been maintained that the law laid down in damyanti bhalla's case (supra .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-22-2003
Reported in : (2003)134PLR423
..... competent authority vide letter dated 29.8.1995. the estate officer thereafter discusses the definition of the expression 'unauthorised occupation' as contained under section 2(g) of the public premises act. it has been held that the aforesaid expression is in two parts. the first part relates to the occupation by any person of the ..... does not suffer from any error apparent on the face of record. not satisfied with the order, the petitioners filed appeals before the appellate authority under the act i.e. in the court of shri raj shekhar attri, additional district judge-cum-authority, jalandhar. after detailed discussion, the appeals filed by the petitioners ..... of the land, proceedings were initiated against them under section 4 of the public premises (eviction of unauthorised occupants) act, 1971 by issuing a show cause notice dated 15.2.2000 under sub section (1) and clause (b)(ii) of sub section (2) of section 4 of the said act. the petitioners submitted the written objections to the show .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-24-2003
Reported in : (2003)134PLR802
..... possession is authorised or legal.6. feeling aggrieved against the aforesaid order, the petitioners filed an appeal before the commissioner, hisar division, hisar under section 9 of the act. the learned commissioner vide his order dated 28th may, 1999 dismissed the appeal and confirmed the order dated 27th august, 1998 passed by the ..... title, and their possession over the aforesaid land was wholly unauthorised and illegal.3. pursuant to the notice issued to the petitioners under section 4(1) of the act the petitioners appeared before the collector. sub division, safidon and filed their reply. in the reply, they raised a preliminary objection to ..... on 3rd november, 1997, the state of haryana through sub divisional officer, anta water services sub division, safidon, district jind, filed an application under section 5 of the act before the collector, sub division, safidon, for eviction of the petitioners from the land measuring 76 kanals 75 marlas situated in village anta, tehsil safidon .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-14-2003
Reported in : (2003)134PLR747
..... of the same was not handed over to it. thereupon, the petitioner gram panchayat initiated ejectment proceedings against the predecessor of the contesting respondents under section 7 of the act. in those proceedings, the petitioner gram panchayat was held to be owner of the land in question and order of ejectment was passed against mehar ..... filing the same before the collector, who has the jurisdiction to adjudicate upon the matter. thereupon, the contesting respondents filed instant suit/application under section 11 of the act before respondent no. 2, who was exercising the powers of collector. the said suit was decreed by the collector vide his order dated 5. ..... of the land in question to the gram panchayat after 'expiry of the lease period, the petitioner gram panchayat filed an ejectment application under section 7 of the act against him. the said ejectment application was allowed and the predecessor of the contesting respondents was ordered to be ejected by assistant collector ist grade .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-24-2003
Reported in : (2003)135PLR296
..... etc. v. the state of maharashtra and anr.2 air 1977 supreme court 915 has upheld the provisions of maharashtra agricultural lands (ceiling on holdings) act, 1961 wherein family unit is laid down in section 4(1) which provides:'4(1) all land held by each member of a family unit, whether jointly or separately, shall for the purposes of ..... found that there is no question of any discrimination resulting to the wife from the selection being given to the husband under section 9(4)(c) of the act. consequently, the supreme court found that the provisions of haryana act in respect of the family unit is not discriminatory and violative of article 14 of the constitution of india.9. the ..... in 9th schedule is violative of the part-iii of the constitution of india.5. the said act has been enacted as part of agrarian reforms. the family has been defined under section 3(4) of the act which reads as under:(4) 'family' in relation to a person means the person, the wife or husband, as the case may be, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-21-2003
Reported in : AIR2003P& H248
..... . mrs. vimla pannalal, air 1988 sc 1636. the learned counsel has pointed out that the suit filed by the plaintiff-respondent is covered by clause (i) of section 7 of the act as damages or compensation in lieu of maligning his reputation to the tune of rs. two lacs have been claimed. learned counsel has also pointed out that the view ..... his claim for the purposes of court-fee. according to the learned counsel no such liberty is avail able in respect of clauses (i) to (iii) of section 7 of the act. in support of his submission, the learned counsel has placed reliance on a judgment delivered by a constitution bench of the supreme court in the case of s. ..... the relief which he claims. he further pointed out that there was no such enabling provision insofar as suit for the recovery of compensation/damages falling in section 7(1)(b) of the court-fees act was concerned. in my view, this is a distinction without a difference. in the case of the amount of compensation, there is no objective standard .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-14-2003
Reported in : (2003)135PLR3
..... facts had been pleaded that the property was ancestral of the parties. in other words she was only benami owner of the property. decree was hit by section 4 of the benami transaction and prohibition act, 1988. decree was obtained by practising coercion and undue influence upon her. she and the defendants have been working together at tps research and breeding farm ..... v. ram singh major and ors. (1996-1) 112 p.l.r. 559 (s.c.) it was held that sub-section 2 of section 17 of the registration act engrafts exceptions to the instruments covered only by clauses (b) and (c) of sub-section 1. clause (vi) relates to any decree or order of a court, except a decree or order expressed to be .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-26-2003
Reported in : (2003)135PLR57
..... .' 7. it is argued that the penalty under section 22 of the act can be imposed only if any violation is committed as envisaged under section 6, sub-section (2) of section 8, sub-section (1) of section 10. section 11 or section 21.8. the perusal of these sections would show that under section 6, the landlord is not entitled to claim anything ..... can be said to be made out against the petitioner.6. learned counsel for the petitioner has argued that the purpose and intention of section 22 and section 6 of the act is entirely different. the perusal of these provisions would show that such situation does not fall within the mischief of these provisions and that ..... the petitioner has filed the present petition making the aforesaid order as subject matter of challenge. it has been pleaded that the provision as envisaged under section 22 of the act would not be attracted to the facts of this case. thus, the rent controller has fallen into error in granting sanction for prosecution of the landlord .....
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