Court : Punjab and Haryana
Decided on : Jan-25-2006
Reported in : 2007ACJ1365; (2006)143PLR108
..... claimant-respondents has argued that in the judgment of the supreme court there is no bar created for converting the proceedings from the one under section 166 to section 163-a of the act. according to the learned counsel the question before the court was entirely different. mr. gandhi has placed reliance on the full bench judgment of ..... /arguments, claimant-respondents filed an application to convert the claim petition filed under section 166 to that of section 163-a of the act. a copy of the application dated 3.4.2004 is annexure p-l. the amendment application was contested. eventually, the tribunal allowed the ..... and eventually he died on the spot. claimant-respondent nos. 1 to 3, who are claiming to be his legal heirs, filed a claim petition under section 166 of the act in the year 2000. at the stage when the parties have already produced evidence in support of their respective stand and the case was posted for rebuttal .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-25-2006
Reported in : (2006)142PLR866
Satish Kumar Mittal, J.1. The defendant has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 30.11.2005 passed by the Additional District Judge (Adhoc), Fast Tract Court, Bathinda whereby the order dated 31.10.2005 passed by the Civil Judge (Sr. Division), Bathinda dismissing the application of the plaintiff-respondents for interim injunction has been set aside and the petitioner was directed not to raise any further construction of the marriage palace till the disposal of the suit.2. In this case, the petitioner was raising construction of a marriage palace on his land after obtaining due permission from the Municipal Corporation, Bathinda. When the construction of the marriage palace was at progress, the instant suit was filed by the respondents alongwith an application for restraining the petitioner from raising the construction on the ground that the area in which the marriage palace is being constructed by the petitioner is surro...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-27-2006
Reported in : (2006)143PLR31
..... the parties, learned trial court granted decree for specific performance of the agreement to sell which finding has been affirmed by the learned first appellate court.6. under section 20 of the specific relief act, 1963, the court may exercise discretion not to decree specific performance where the purpose of the contract would involve some hardship on the defendant which the defendant .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-27-2006
Reported in : (2006)143PLR54
..... , consortium of companies, a joint venture or any other appropriate form, who qualifies to participate in the process of bidding. clause 1.22.0 (vol. 1 section 1.0) of the instructions to the bidders, deals with constitution of the bidder. it provides that the bidder and/or each of the individual member of the ..... several tender conditions. the qualification requirement of a bidder was spelt out in clause 1.8.15 of the instructions to the bidders, contained in volume-i, section 1 of the bid document. the relevant portion of the said clause reads thus:a regular turnkey management and contracting agency, which has executed coal fired thermal power ..... change of a collaborator. we, therefore, reject the argument of learned counsel for dec that the owner has acted in violation of the essential conditions in the bid document.20. clause 1.23.1, in the same volume and section, contemplates furnishing of contract performance guarantee by the successful 'bidder' in the form of bank guarantee of 10 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-31-2006
Reported in : (2006)142PLR791
..... directed the plaintiff to pay the rent to the rotary club (defendant no. 2 herein). in the notice, defendant no. 2 threatened to initiate proceedings under section 13 of the act. in the plaint it has also been averred that defendant no. 3 has also filed a rent application and civil suit with regard to the property in dispute ..... premises by a civil court decree in favour of the defendants. after the transfer, defendants no. 2 and 3 filed a petition under section 4 of the haryana urban (control of rent and eviction) act against the plaintiff. the plaintiff then received a registered notice from defendants no. 4 to 19 claiming themselves to be owners of the demised ..... devi on the basis of the unregistered will dated 3.4.1991, filed an application for ejectment of the respondent society under section 13 of the east punjab urban rent restriction act, 1949 (hereinafter referred to as 'the act') i.e. rent petition no. 110 of 25.10.1994 on the ground of non payment of rent. subsequently, the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-31-2006
Reported in : (2006)142PLR799
..... be surrounded by suspicious circumstances and is not proved to be duly executed by balbir singh during his life time, then question as to whether section 14(1) or section 14(2) of the act applies is only of academic interest.8. nothing has been shown that the findings with regard to the will recorded by the two courts ..... she would only acquire such interest in the suit property as had been granted to her under the will. in these circumstances, section 14(2) of the act has to be applied and section 14(1) of the act would have no application. however, a categorical finding of fact has been recorded by the learned first appellate court that the will ..... estate, therefore, she on account of having pre-existing rights of maintenance of the suit property, her estate was to get enlarged by operation of section 14(1) of the hindu succession act.7. shri ashok singla, learned counsel appearing for the appellants has vehemently argued that once the life estate had been granted to kartar kaur, plaintiff .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-01-2006
Reported in : (2006)144PLR260
..... .1982 awarded rs. 30,000/- per acre for chahi and gair mumkin qualities of land and rs. 15,000/- per acre for banjar jadid land. twelve references under section 18 of the act were thereafter made by the claimants before the additional district judge, kurukshetra, who vide his award dated 30.09.1985 enhanced the compensation uniformally to rs. 1,13,250 ..... . the present appeal has been filed by the claimants in a land acquisition matter. it arises out of the following facts:2. a notification under section 4 of the land acquisition act, 1894 (hereinafter called the 'act') for acquisition of 153 kanals 18 marlas land corresponding to 19.24 acres of land was issued by the state of haryana on 18.02.1980 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-01-2006
Reported in : (2006)143PLR110
..... encashment of bank guarantee, the matter is required to be decided by an arbitrator in terms of the said clause. however, learned trial court dismissed the application under section 34 of the act on the ground that the said clause nowhere explicitly stipulates that the dispute arising in invoking the bank guarantee is referred to the arbitrator. the appeal against the said ..... .1. the challenge in the present revision petition is to the order passed by the courts below whereby the application filed by the petitioner under section 34 of the arbitrator act, 1940 (hereinafter referred to as the act) for stay of the suit, in view of arbitration clause in an agreement between the parties was declined.2. the petitioner has awarded contract for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-01-2006
Reported in : (2006)142PLR820
..... british citizenship. the petitioner has never been an indian citizen and thus, the petitioner is not entitled to seek eviction of the respondent under the provisions of section 13-b of the act.4. the learned rent controller granted leave to defend the ejectment petition on. the ground that the petitioner has not joined the other co-owners as party ..... petition.5. learned counsel for the petitioner has argued that the petitioner as a co-owner is competent to seek ejectment of the tenant in the proceedings under section 13-b of the act. it is not necessary for the petitioner to obtain express authority or consent of the other co-owners. reference is made to the judgment of the hon ..... ors. : [2002]supp1scr19 , it has been held that one of the co-owners is competent to seek eviction of the tenant in terms of the provisions of section 13-b of the act. in dhannalal's case (supra), the hon'ble supreme court observed as under:-it is well settled by at least three decisions of this court, namely, sri .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-01-2006
Reported in : (2006)144PLR113
..... chemical to prepare the good quality grain for seed purposes. thus, growers sow the seeds and produce grain which is an agricultural produce. therefore, in terms of section 23 of the act, the petitioner is liable to pay market fee.7. the petitioner in its reply (annexure p.3) to the show cause notice has pointed out that ..... not dealing in food grains or agricultural produce and is only dealing in seeds as defined in the seeds act. such seeds do not fall within the definition of agricultural produce within the meaning of section 2(a) of the act. it is the case of the petitioner that the distinction between seeds and grain is vital. the seed ..... quality can be expected to respond to fertiliser and other inputs in an expected manner. reference was made to the provisions of the process of certification under the seeds act.4. the petitioner has also detailed the procedure of certification starting from producing seeds when the foundation seed is supplied to the farmers, who are registered with the .....
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