Court : Punjab and Haryana
Decided on : Mar-22-2006
Reported in : (2006)143PLR326
Hemant Gupta, J.1. The tenant is in revision petition aggrieved against the eviction order passed by the learned Appellate Authority on the ground that the premises have become unfit and unsafe for human habitation,2. The respondent landlord sought the ejectment of the petitioner herein, on the ground that the building, the part of which is let out to the petitioner, is an old one as it was kucha built in 1904-05 and that it has outlived its life. The wall AB shown in the plan has fallen down. It is also pointed out that the roof of the room CD has fallen down and the latrine/toilet on the first floor and under the control of the landlord has become unsafe. The walls have developed cracks and thus, the premises in question have become unfit and unsafe for human habitation and that the landlord wants to rebuild the same after eviction of the tenant.3. To support such allegations of the factum of building having become unfit and unsafe for human habitation, the landlord examined AW Amarj...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-23-2006
Reported in : IV(2006)ACC569
m.m. kumar, j.1. this appeal has been filed under section 173 of the motor vehicles act, 1983, challenging the award dated 22.10.2005 passed by the motor accident claims tribunal, patiala (for brevity 'mact'). the tribunal, after detailed consideration, has recorded finding that in the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-24-2006
Reported in : 2007ACJ2250; AIR2006P& H209; (2006)143PLR318
..... , b y their lordships i n punam devi's case (supra). the principles laid down in the afore-mentioned judgments leave no manner of doubt that under section 149(2)(ii) of the act the disqualification of the driver or invalidity of driving licence was required to be proved by the insurer to avoid liability by the insurer. mere absence, fake or ..... supreme court has observed as under:the breach of policy condition e.g. disqualification of the driver or invalid driving licence of the driver, as contained in sub-section (2)(a)(ii) of section 149 has to be proved to have been committed by the insured for avoiding liability by the insurer. mere absence, fake or invalid driving licence or disqualification of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-24-2006
Reported in : (2007)145PLR389
..... the award was passed on february 13, 2004. the facts of the two appeals are almost identical although in the case of nirmal agency the objections under section 34 of the act had been instituted on january 28, 2005 and dismissed on august 6, 2005.7. according to the learned counsel for the state, the learned additional district ..... and has argued that the period spent in prosecuting the writ petitions before the high court cannot be excluded while computing the limitation. provisions of section 12 and 14 of the limitation act would not apply to the present case.10. in this connection the learned counsel relied upon the h.m.p. engineers ltd. and ors. ..... decision of the supreme court in popular construction company's case and took a definite view that provisions of section 14 of the limitation act did not govern the provisions relating to filing of the petition under section 34 of the 1996 act. in doing so the court referred to pushpa p. mulchandani and ors. v. admiral radhakrishin tahilani (retd .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-27-2006
Reported in : (2006)202CTR(P& H)570
..... her by means of a cheque dt. 22nd april, 2000 issued from a non-resident external account (for short, 'nre account'). upon scrutiny of bank statement, summoned under section 133(6) of the act, the ao discovered that on 1st jan., 2000, the opening balance in the said nre account was rs. 28,654.41; by credit entry of interest, the balance ..... . the stand of the learned counsel is that at no stage of the assessment proceedings, the assessee was asked to prove the creditworthiness of the donor and therefore, the tribunal acted illegally by reopening the issue of creditworthiness of the donor. in support of the proposition that the tribunal cannot be permitted to make out a new case, reliance is placed ..... d.k. jain, c.j.1. this appeal, by the assessee, under section 260a of the it act, 1961 (for short, 'the act') is directed against order, dt. 27th feb., 2006, passed by the income-tax appellate tribunal, chandigarh bench 'a' (for short, 'the tribunal') in ita no. 977/chd/2004, pertaining to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-27-2006
Reported in : (2006)143PLR338
..... fit to be dismissed on that ground alone. the high court having come to final decision in favour of the respondent without adverting to the merits of the other candidates, acted in error. learned counsel for the respondent attempted to support the case of the respondent on some other grounds which have not been mentioned by the high court. we at .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-29-2006
Reported in : (2006)143PLR335; 2007(1)SLJ489(P& H)
..... for consideration:whether the clerks and peons working at octroi check posts and barriers run by the respondent municipal committees concerned constituted and functioning under the punjab municipal act, 1911 (for short 'the act) are entitled to be paid for each of the saturdays on which they worked at the octroi check posts and barriers while their colleague in the offices of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-30-2006
Reported in : [2007]141CompCas26(P& H); (2008)2CompLJ100(P& H); (2006)143PLR191; 2006(71)SLJ444(P& H)
..... , since the scheme has been approved in the annual general meeting of the share holders, therefore, the requirement of special resolution in terms of section 17 of the act is a matter of procedure alone, which procedure stands followed with the approval of the scheme by the share holders in a meeting convened and presided ..... the objectors. mere assertion that objectors have received notice on december 8, 2005, will not vitiate the issuance of notice in terms of section 171 of the act. it may be noticed that the objection that 21 days notice was not received, was not raised by the objectors in the first instance before ..... as per the certificate of posting, the notices were posted on november 28, 2005 under postal certificate, therefore, the presumption raised in terms of section 27 of the general clauses act, is that notice is delivered in the normal course of delivery. therefore, the transferee company has proved the despetch of notice to unsecured creditors including .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-30-2006
Reported in : 2007ACJ2230; (2006)144PLR586
..... interpreting the policy conditions would apply 'the rule of main purpose' and the concept of 'fundamental breach' to allow defences available to the insurer under section 149(2) of the act.the law as laid down in swaran singh's case (supra) must be followed because the supporting rationable discernible from paras 40 to 50 of the judgment ..... did not contribute to causing of accident which was also required to be shown by the appellant-insurance company. in that regard, reliance may be placed on section 149(2) of the act as construed by the supreme court in the case of national insurance co. v. swaran singh : air2004sc1531 . a three-judge bench of hon'ble supreme ..... raised by him.3. having heard the learned counsel, we are of the view that no interference of this court, in exercise of jurisdiction under section 173 of the motor vehicles act, 1988, would be warranted because the insurance company has failed to prove that the application for renewal of the driving licence was not filed within 30 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-30-2006
Reported in : (2006)144PLR563
..... in appeal against the award dated 19.12.2005 passed by the motor accident claims tribunal, kurukshetra (for brevity, 'the tribunal'). the appeal has been filed under section 173 of the motor vehicles act, 1988. the tribunal has recorded the findings after detail analysis of the evidence that mehar chand, close relation of claimant-respondent, had died in the accident which had ..... the deceased has been found to be 49 years at the time of his death. a multiplier of 13 has been applied by following the second schedule appended to the act. the tribunal has kept in view the various factors like the number of the dependents and that he was only bread winner. the multiplier of 13 has been applied on .....
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