Array ( [0] => ..... therefore, suitable deductions are made in the facts of each case. the market value of the land is determined in terms of the principles laid down in section 23 of the act. the market value is the price payable by a willing buyer to a willing seller. a willing buyer would not offer the same price when a larger ..... by the learned trial court as the agreement to sell in respect of the said sale deed pertain to the period prior to the publication of notification under section 4 of the act. since the learned trial court has accepted the sale consideration as mentioned in the sale deed ex.p3 dated 14.2.1983 as a genuine amount of ..... appellant is aggrieved against the award passed by the learned district judge, gurgaon in a reference under section 18 of the land acquisition act, 1894 (hereinafter to be referred to as the act).2. vide notification dated 21.10.1982, under section 4 of the act, land measuring 10 kanals 6 marlas situated in village rawason tehsil nuh, district gurgaon was acquired for ..... [1] => ..... read as under:-'... the court must from a proper perspective judge the question whether the delay or failure to deposit the rent in terms of order under section 13 of the act has been properly explained and if that delay has been properly explained, then the court has a discretion to excuse the delay, but if the delay has ..... the defence. it was the view of the court that the words 'shall order the defence against delivery of possession to be struck out' occurring in section 17(3) of the west bengal act have to be construed as directory provision and not mandatory provision as the work 'shall' should be read as 'may'. the court expressed the view ..... of summons. the aforementioned provision has come in force w.e.f. 1.7.2002 as section 18 of the code of civil procedure (amendment) act, 1999 (for brevity, '1999 act') and section 9 of the code of civil procedure (amendment) act, 2002 (for brevity, '2002 act') have been notified from that date. it has further has been made clear by the 2002 ..... [2] => ..... the cod of civil procedure for additional evidence comprised of judgment dated 11.2.1992 in respect of acquisition for sector 27-a at faridabad for which notification under section 4 of the act was issued on 7.10.1974, wherein, compensation was fixed at rs. 24 per square yard. it was submitted that since sector-27a was an adjoining sector, ..... land for setting up sector 27-a, wherein, compensation has been enhanced to rs. 24/- per square yard. learned counsel for the appellant submits that since notification under section 4 of the act in that case was dated 7.10.1971, 12% enhancement ought to be given on the said rate for acquisition in the present case, for which notification under ..... section 4 of the act had been issued on 1.10.1973. alternatively, he submits that this court in rfa no. 1434 of 1988 decided on 8,10.1998 awarded rate of rs. 22 ..... [3] => ..... bank was an officer who had nothing to do with the tezpur branch where the transactions were entered into. we are, therefore, of opinion that in view of section 34 of the evidence act the appellants cannot be saddled with liability for the sum of rs. 10,000/- said to have been advanced on march 19, 1947 on the basis of a ..... fact advanced on march 19, 1947 and could not rely on mere centries in the books of account for that purpose. this is clear from the provision in section 34 of the evidence act, no attempt was made on behalf of the bank to prove by any evidence whatsoever that a sum of rs. 10,000/- was advanced on march 19, ..... the usual and ordinary course of business and that such book was in the custody of the bank. the detailed ingredients mentioned in the defining clause 8 of section 2 of the bankers' evidence act, 1891 for qualifying to be 'certified copy' are not mandatory but merely directory. sufficient compliance depending upon facts and circumstances of each case is enough to ..... [4] => ..... corporation can recover damages by way of penalty if the employer fails to pay the amount due in respect of any contribution or any other amount payable under the act. section 85-b as it stood up to december 31, 1991 did not expressly provide for recovery of damages by way of penalty, but various high courts took ..... regional director issued notice for recovery of damages. the petitioner contested the notice on the solitary ground that delay in the payment of contributions does not attract section 85-b of the act. however, it did not controvert the allegation that it had defaulted in paying the contributions on the due dates. therefore, we do not find any illegality ..... in which the contributions fall due. where a factory establishment is permanently closed, the employer has to pay contribution on the last day of its closure. section 39(5) of the act and regulations 31-a and 31-b of the regulations provide for levy of interest and recovery thereof. regulation 31-c lays down that the employer, ..... [5] => ..... the high court does not include the power to reverse concurrent findings, without showing how those findings are erroneous.10. in the present case sub-section (6) of section 15 of the act confers revisional power on the high court or the purpose of satisfying itself with regard to the legality or propriety of an order for proceedings ..... (1) & (2) xxx xxx xxx(3) if the evidence to support the two claims is different then the causes of action are also different (brunsden v. humphrey, (1884) 14 qbd 141).' 26. applying the aforesaid test, it would become apparent that issue no. 2 in the present case cannot be intermingled with any of the issues in the ..... 28. both the learned courts below after evaluating the evidence led by the parties, have given concurrent findings of fact. while exercising revisional powers under section 15(5) of the act, this court would not re-appreciate the evidence. concurrent findings of fact recorded by both the learned courts below can only be reversed if the revisional ..... [6] => ..... rs. 30,000/- per shop and wants to get the profit because of his relation with legal minds'.8. the respondent/tenant ought to have recourse to section 14 of the act. instead of that, he made an attempt to clarify his stand only before the appellate authority, which felt inclined to subscribe to the view that there was ..... rent controller dated may 11, 1987 for eviction of the tenant om parkash, respondent-herein passed in a petition under section 13 of the haryana urban (control of rent & eviction) act, 1973 ( in short to be referred as 'the act').2. the diary of the facts in brief is that the petitioner purchased the shop in dispute from sudesh kumar and ..... the landlord summarily on the ground that the issues raised by the petitioner here are substantially the issues, as have been finally decided in the former proceedings under this act. taking an unclear stand in the written statement as stated above, would not amount to discharging the burden. in my view, on the existing un-clear plea by ..... [7] => ..... . 6, wherein it was held that landlord cannot convert residential building into a non-residential building without the permission of the rent controller as required under section 11 of the act. it is also held that where a residential building is let out by a landlord for non residential purpose, even then landlord is entitled to eject ..... the findings of both the courts below are that it is a residential building and in order to convert it to a non-residential house, permission under section 11 of the act was required to be obtained from the rent controller. the observation of the rent controller in this regard as under:-'it is clear that the residential ..... controller has raised an unwarranted presumption that the demised premises was a residential building and its conversion from residential to non-residential was in violation of section 11 of the act. the basis of his submission is the purpose for which the building was let out vide rent note dated 14.10.11965 which specified book binding ..... [8] => ..... learned rent controller was set aside and ejectment order was passed against the tenant.2. the facts in brief are that dharambir, landlord, filed petition under section 13 of the haryana urban (control of rent & eviction) act, 1973 against madan lal - tenant, seeking his ejectment from the house in question on account of non-payment of rent, alleging therein that the rate ..... [9] => ..... the management is not in a position to take work from the workman on the other, the management has to keep on making the payment under section 17-b of the act. according to the learned counsel, award rendered by the labour court is wholly erroneous as a probationer cannot be permitted to claim that he has been ..... there is no scope for putting the clock back or for on anti-clockwise operation. once the conclusion is reached that retrenchment as defined in section 2(oo) of the disputes act covers every case of termination of service except those which have been embodied in the definition, discharge from employment or termination of service of a ..... single bench of the bombay high court dismissed the writ petition of the employer holding that the order of discharge amounts to retrenchment as defined in section 2(oo) of the industrial disputes act. the corporation challenge the decision of the single judge before a division bench, which upheld the decision of the single judge. before the supreme ..... ) Explosives Act 1884 Section 4 Definitions - Court Punjab and Haryana - Year 2003 - Page 5 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: punjab and haryana Year: 2003 Page 5 of about 151 results (0.091 seconds)

Sep 24 2003 (HC)

Ram Kishan Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Sep-24-2003

Reported in : (2004)136PLR885

..... therefore, suitable deductions are made in the facts of each case. the market value of the land is determined in terms of the principles laid down in section 23 of the act. the market value is the price payable by a willing buyer to a willing seller. a willing buyer would not offer the same price when a larger ..... by the learned trial court as the agreement to sell in respect of the said sale deed pertain to the period prior to the publication of notification under section 4 of the act. since the learned trial court has accepted the sale consideration as mentioned in the sale deed ex.p3 dated 14.2.1983 as a genuine amount of ..... appellant is aggrieved against the award passed by the learned district judge, gurgaon in a reference under section 18 of the land acquisition act, 1894 (hereinafter to be referred to as the act).2. vide notification dated 21.10.1982, under section 4 of the act, land measuring 10 kanals 6 marlas situated in village rawason tehsil nuh, district gurgaon was acquired for .....

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May 19 2003 (HC)

The New India Assurance Company Ltd. Vs. Surinder Kaur and ors.

Court : Punjab and Haryana

Decided on : May-19-2003

Reported in : 2005ACJ155; (2003)135PLR690

..... read as under:-'... the court must from a proper perspective judge the question whether the delay or failure to deposit the rent in terms of order under section 13 of the act has been properly explained and if that delay has been properly explained, then the court has a discretion to excuse the delay, but if the delay has ..... the defence. it was the view of the court that the words 'shall order the defence against delivery of possession to be struck out' occurring in section 17(3) of the west bengal act have to be construed as directory provision and not mandatory provision as the work 'shall' should be read as 'may'. the court expressed the view ..... of summons. the aforementioned provision has come in force w.e.f. 1.7.2002 as section 18 of the code of civil procedure (amendment) act, 1999 (for brevity, '1999 act') and section 9 of the code of civil procedure (amendment) act, 2002 (for brevity, '2002 act') have been notified from that date. it has further has been made clear by the 2002 .....

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Sep 17 2003 (HC)

Vinod Kumar Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Sep-17-2003

Reported in : (2004)136PLR868

..... the cod of civil procedure for additional evidence comprised of judgment dated 11.2.1992 in respect of acquisition for sector 27-a at faridabad for which notification under section 4 of the act was issued on 7.10.1974, wherein, compensation was fixed at rs. 24 per square yard. it was submitted that since sector-27a was an adjoining sector, ..... land for setting up sector 27-a, wherein, compensation has been enhanced to rs. 24/- per square yard. learned counsel for the appellant submits that since notification under section 4 of the act in that case was dated 7.10.1971, 12% enhancement ought to be given on the said rate for acquisition in the present case, for which notification under ..... section 4 of the act had been issued on 1.10.1973. alternatively, he submits that this court in rfa no. 1434 of 1988 decided on 8,10.1998 awarded rate of rs. 22 .....

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Sep 10 2003 (HC)

State Bank of India Vs. H. Satish Hosiery Factory and anr.

Court : Punjab and Haryana

Decided on : Sep-10-2003

Reported in : II(2004)BC223; (2004)136PLR337

..... bank was an officer who had nothing to do with the tezpur branch where the transactions were entered into. we are, therefore, of opinion that in view of section 34 of the evidence act the appellants cannot be saddled with liability for the sum of rs. 10,000/- said to have been advanced on march 19, 1947 on the basis of a ..... fact advanced on march 19, 1947 and could not rely on mere centries in the books of account for that purpose. this is clear from the provision in section 34 of the evidence act, no attempt was made on behalf of the bank to prove by any evidence whatsoever that a sum of rs. 10,000/- was advanced on march 19, ..... the usual and ordinary course of business and that such book was in the custody of the bank. the detailed ingredients mentioned in the defining clause 8 of section 2 of the bankers' evidence act, 1891 for qualifying to be 'certified copy' are not mandatory but merely directory. sufficient compliance depending upon facts and circumstances of each case is enough to .....

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Mar 31 2003 (HC)

Nipha Exports (P) Ltd. Vs. Employees' State Insurance Corporation

Court : Punjab and Haryana

Decided on : Mar-31-2003

Reported in : (2003)IIILLJ789P& H

..... corporation can recover damages by way of penalty if the employer fails to pay the amount due in respect of any contribution or any other amount payable under the act. section 85-b as it stood up to december 31, 1991 did not expressly provide for recovery of damages by way of penalty, but various high courts took ..... regional director issued notice for recovery of damages. the petitioner contested the notice on the solitary ground that delay in the payment of contributions does not attract section 85-b of the act. however, it did not controvert the allegation that it had defaulted in paying the contributions on the due dates. therefore, we do not find any illegality ..... in which the contributions fall due. where a factory establishment is permanently closed, the employer has to pay contribution on the last day of its closure. section 39(5) of the act and regulations 31-a and 31-b of the regulations provide for levy of interest and recovery thereof. regulation 31-c lays down that the employer, .....

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Feb 21 2003 (HC)

D.N. Metal Industries and anr. Vs. Chaman Lal and ors.

Court : Punjab and Haryana

Decided on : Feb-21-2003

Reported in : (2003)133PLR720

..... the high court does not include the power to reverse concurrent findings, without showing how those findings are erroneous.10. in the present case sub-section (6) of section 15 of the act confers revisional power on the high court or the purpose of satisfying itself with regard to the legality or propriety of an order for proceedings ..... (1) & (2) xxx xxx xxx(3) if the evidence to support the two claims is different then the causes of action are also different (brunsden v. humphrey, (1884) 14 qbd 141).' 26. applying the aforesaid test, it would become apparent that issue no. 2 in the present case cannot be intermingled with any of the issues in the ..... 28. both the learned courts below after evaluating the evidence led by the parties, have given concurrent findings of fact. while exercising revisional powers under section 15(5) of the act, this court would not re-appreciate the evidence. concurrent findings of fact recorded by both the learned courts below can only be reversed if the revisional .....

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Mar 05 2003 (HC)

Arun Kumar JaIn Vs. Om Parkash

Court : Punjab and Haryana

Decided on : Mar-05-2003

Reported in : (2003)134PLR344

..... rs. 30,000/- per shop and wants to get the profit because of his relation with legal minds'.8. the respondent/tenant ought to have recourse to section 14 of the act. instead of that, he made an attempt to clarify his stand only before the appellate authority, which felt inclined to subscribe to the view that there was ..... rent controller dated may 11, 1987 for eviction of the tenant om parkash, respondent-herein passed in a petition under section 13 of the haryana urban (control of rent & eviction) act, 1973 ( in short to be referred as 'the act').2. the diary of the facts in brief is that the petitioner purchased the shop in dispute from sudesh kumar and ..... the landlord summarily on the ground that the issues raised by the petitioner here are substantially the issues, as have been finally decided in the former proceedings under this act. taking an unclear stand in the written statement as stated above, would not amount to discharging the burden. in my view, on the existing un-clear plea by .....

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Mar 07 2003 (HC)

Sh. Raj Kumar Gambir Vs. Sh. Kanwar SaIn Jain

Court : Punjab and Haryana

Decided on : Mar-07-2003

Reported in : (2003)134PLR356

..... . 6, wherein it was held that landlord cannot convert residential building into a non-residential building without the permission of the rent controller as required under section 11 of the act. it is also held that where a residential building is let out by a landlord for non residential purpose, even then landlord is entitled to eject ..... the findings of both the courts below are that it is a residential building and in order to convert it to a non-residential house, permission under section 11 of the act was required to be obtained from the rent controller. the observation of the rent controller in this regard as under:-'it is clear that the residential ..... controller has raised an unwarranted presumption that the demised premises was a residential building and its conversion from residential to non-residential was in violation of section 11 of the act. the basis of his submission is the purpose for which the building was let out vide rent note dated 14.10.11965 which specified book binding .....

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Feb 12 2003 (HC)

Madan Lal Vs. Dharambir

Court : Punjab and Haryana

Decided on : Feb-12-2003

Reported in : (2003)134PLR120

..... learned rent controller was set aside and ejectment order was passed against the tenant.2. the facts in brief are that dharambir, landlord, filed petition under section 13 of the haryana urban (control of rent & eviction) act, 1973 against madan lal - tenant, seeking his ejectment from the house in question on account of non-payment of rent, alleging therein that the rate .....

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Feb 05 2003 (HC)

Punjab State Cooperative Supply and Marketing Federation Vs. Presiding ...

Court : Punjab and Haryana

Decided on : Feb-05-2003

Reported in : (2003)IILLJ620P& H; (2003)133PLR728

..... the management is not in a position to take work from the workman on the other, the management has to keep on making the payment under section 17-b of the act. according to the learned counsel, award rendered by the labour court is wholly erroneous as a probationer cannot be permitted to claim that he has been ..... there is no scope for putting the clock back or for on anti-clockwise operation. once the conclusion is reached that retrenchment as defined in section 2(oo) of the disputes act covers every case of termination of service except those which have been embodied in the definition, discharge from employment or termination of service of a ..... single bench of the bombay high court dismissed the writ petition of the employer holding that the order of discharge amounts to retrenchment as defined in section 2(oo) of the industrial disputes act. the corporation challenge the decision of the single judge before a division bench, which upheld the decision of the single judge. before the supreme .....

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