Court : Punjab and Haryana
Decided on : Mar-05-2003
Reported in : (2003)134PLR557
..... the judgment of the supreme court in the case of m/s nihal chand (supra). ordinarily findings of facts cannot be interfered with by this court under section 6 of section 15 of the act. however, in the present case this course has become inevitable because the document mark 'a' (ex.pa) has to be excluded from consideration. in the ..... because the landlord who has falsely and illegally demanded the rent for the period has already been paid would face proceedings under section 19(2) read with clause (a) of sub-section 1 of section 6 of the act which provides for punishment of imprisonment which may extend to two years with fine. according to the learned counsel, the tenant- ..... m.m. kumar, j.1. this petition filed by landlord-petitioner under sub section 6 of sections 15 of the haryana urban (control of rent and eviction) act, 1973 is directed against the judgment dated 1.12.1984 passed by the appellate authority, karnal reversing the findings of facts recorded by the rent controller, kar- .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-05-2003
Reported in : (2003)134PLR592
..... written agreement between the management and the workman and the same should have been signed by theparties in such manner as may be prescribed. section 13(1) of the act further providesthat a settlement arrived at by agreement between the employer and workman otherwisethan in conciliation proceedings shall be binding on the parties to the ..... and the management otherwise than in the course of conciliation proceedings shall be binding on the parties. the word 'settlement' has been defined in section 2(p) of the act in the following terms:,'settlement' means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and ..... given the award to the effect that the reference in question was fully settled. the word 'award' has been defined in clause (b) of section 2 of the act as under:-'an interim or final determination of any industrial dispute or of any question relating thereto by any labour court, industrial tribunal or national .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-03-2003
Reported in : (2003)184CTR(P& H)359; [2003]262ITR403(P& H)
..... would not then be an asset 'belonging' to the assessee. ... it has also to be borne in mind that unlike the provisions of the income-tax act, section 2(m) of the wealth-tax act uses the expression 'belonging to' and as such indicates something over which a person has dominion and lawful dominion.'4. at page 896, supreme court held ..... respect of the flat of the assessee in reviera apartments came to the conclusion that this plot also belonged to the assessee within the meaning of section 2(m) of the wealth-tax act and here the commissioner of wealth-tax (appeals) assessed its valuation on the different valuation dates for the purposes of wealth-tax and detailed the ..... that flat in 'reviera apartment' delhi, okhla industrial area, delhi, and hotel site in chandigarh did not belong to the assessee within the meaning of section 2(m) of the wealth-tax act and hence could not be assessed, as such in his hands merely on the ground that these have not been transferred in his name particularly when .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-14-2003
Reported in : 2003(3)ARBLR609(P& H); (2003)135PLR445
..... board the contract could not have been assigned by respondent no. 1 to the petitioner. on the aforementioned basis, the petition filed by the petitioner under section 17 of the act has been dismissed by the civil judge. 6. shri j.r. mittal, learned senior counsel has argued that the general power of attorney supported with ..... consideration of rs. 40,000/-. on the basis of the afore mentioned documents, the petitioner filed an application before the civil judge, ambala city under section 17 of the act praying that the award dated 11.3.1994 announced by the arbitrator be made the rule of the court. the application was opposed by contractor-respondent ..... against the order dated 22.4.1995 passed by sub judge, 1st class, ambaja city dismissing the application of the petitioner presented under section 17 of the arbitration act, 1940 (for brevity 'the act'). the civil judge has held that the petitioner who is general power of attorney which has been cancelled would not be competent to present .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-13-2003
Reported in : (2003)133PLR488
S.S. Nijjar, J. 1. The petitioner has filed an application for ejectment of the respondent from the demised premises on a number of grounds, which are as follows:-1. That the respondent has not paid the rent of the above mentioned premises to the applicant w.e.f. 1.2.1982 to date at the rate of Rs. 175/- per month as per rent note dated 8.11.1978. 2. That the Municipal tax has been enhanced by the N.A.C. Goraya and this is the liabilities of the respondent to pay as per the record of the NAC, Goraya. 3. That the respondent has effected material alterations in the said premises by demolishing inner wall of the shop on ground floor on 6.3.1983 and has demolished the water tank in the premises on the ground floor and has extended the same by demolishing the earlier one resulting in crackings of the stair case of applicant's premises on the western side of the suit premises. 4. That the respondent has changed the user of the said premises, the premises on the ground floor are being used by...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-22-2003
Reported in : 2003CriLJ3235
..... on the other hand, shri sukant gupta, learnedcounsel for the respondent-state submitted that thelearned trial court has rightly charge sheeted thepetitioner-accused under section 7 of the act as he wasprima facie found to have violated clauses 3 and 4 of theorder 1987. 5. i have considered the submissions of learnedcounsel for ..... thelubricated mobile oil without obtaining valid licence fromthe competent authority and thus has contravened theprovisions of clauses 3 and 4 of the order 1987 framedunder section 3 of the act. 3. shri k.k. goel, learned counsel for thepetitioner submitted that the entire proceedings againstthe petitioner have been vitiated and the aforesaid ..... 4.2000(annexure p-1), passed by additional sessions judge,mansa, vide which the petitioner-accused has been chargesheeted under section 7 of the essential commodities act,1955 (hereinafter referred to as 'the act') in fir no. 17dated 8.2.1998 for prima facie contravening theprovisions of clauses 3 and 4 of the lubricating .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-15-2003
Reported in : (2003)133PLR487
..... rent controller came to the conclusion that the petitioner-tenant is liable to be evicted from the demises premises in view of the provisions of section 13(2) of the haryana urban (control of rent and eviction) act, 1973.5. the appeal filed by the petitioner met the same fate. the findings of fact recorded by the learned rent controller have been ..... the chobara for residential purposes. however, the respondent has been keeping the demised premises closed for a period of last more than three years continuously without any sufficient cause. this act of the respondent has materially impaired the value and utility of the demised premises. 2. as a result of closure of the demised premises, the neighbouring shop-keepers and passers .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-14-2003
Reported in : (2003)IIILLJ947P& H
..... to whether the appropriategovernment is entitled to cancel the reference alreadymade has been answered in negative by the supreme court incatena of judgments. by interpreting section 10(1) ofthe act, it has been observed by the supreme court instate of bihar v. d.n. gangul air 1958 s.c. 1018 thatthe appropriate government ..... raised by the learned counsel for the partiesand are of the view that this petition deserves tosucceed. the definition of expression industrial disputeunder section 2(k) of the act makes it evident that anydifference or dispute connected with the employment,non-employment, terms of employment or with the conditionof labour would be ..... rs. 1200-2040 or in anycase the same was appreciated by the assistant labourcommissioner-cum-conciliation officer, u.t. chandigarhwithin the meaning of section 10(1)(c) of the act.according to the learned counsel, there is no legalinfirmity in the reference made by the assistant labourcommissioner-cum-conciliation officer, u.t. chandigarh .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-12-2003
Reported in : 2003(2)ARBLR677(P& H); (2003)134PLR360
..... . on that date the cause of action for recovering the said amount was barred by the period of three years prescribed under articles 137 of the limitation act, 1963. under section 3 of the limitation act, it was the duty of the arbitrator to reject the claim as it was on the face of it, barred by the period of limitation'.22. ..... where the latter had allowed interest at the rate of 18% per annum on the awarded amount from the date of filing of the application under sections 14(2) read with section 17 of the arbitration act, 1940 till the date of realisation of the decretal amount, learned district judge brought down the rate of interest to 14% per annum.2. fci ..... dated 12.9.1992, whereby the latter had allowed the application of the food corporation of india (herein after to be referred as fci) under sections 14(2) read with section 17 of the arbitration act and made award delivered in its favour by the arbitrator and against m/s bodh raj daulat ram and ors. (herein after to be referred as .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-08-2003
Reported in : II(2003)BC448; (2003)133PLR493
..... of india in favour of respondent no. 1. on presentation, the cheque was dishonoured. the respondents served the requisite notice on the petitioner under section 138-b of the negotiable instruments act. since the payment was not made within 15 days, the respondents filed the complaint in the court of judicial magistrate, 1st class, ferozepur. ..... criminal procedure, the petitioner seeks the quashing of the complaint titled as m/s brar rice and general mills v. vardhman overseas ltd. under section 138 of the negotiable instruments act and the criminal proceedings pending in the court of judicial magistrate 1st class, ferozepur (annexure p-2), including the summoning order dated 24.5. ..... of 1898 empowering a magistrate to review or recall an order passed by him. code of criminal procedure does contain a provision for inherent powers, namely, section 561-a, which, however, confers these power's on the high court and the high court alone.' the aforesaid enunciation of law has been reiterated and .....
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