Court : Punjab and Haryana
Decided on : Mar-31-2006
Reported in : (2006)143PLR124
..... of the eviction order. the eviction order can be passed only after conclusion of the trial after giving opportunities or hearing to the parties as required under section 13(2) of the act. if, however, the final order of the rent controller is in terms of the provisional rent assessed, the tenant is not entitled to any other ..... no. 4 to the effect that nothing remains to be done and order of eviction shall follow has to be interpreted keeping in view the provisions of section 13(2) of the act, which contemplates that an order of eviction can be passed after giving reasonable opportunity of show cause against the application. still further, conclusion no. 5, ..... thereto can we assume that the legislature intended to place the tenants in a situation worse than that is would have been under the principles deducible from section 114 of t.p. act and even if this provision would not have been there? we cannot attribute such misplaced wisdom to the legislature without being uncharitable to it. we .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-03-2006
Reported in : AIR2006P& H201; (2006)143PLR851
..... of smt. swati verma v. rajan verma : air2004sc161 , the supreme court while granting divorce by mutual consent waived off the waiting period provided in sub-section (2) of section 13-b of the act by invoking its powers under article 142 of the constitution. the powers akin to article 142 of the constitution are concededly not enjoyed upon by the high ..... 'consent' is free from any extraneous influence and is also not tainted with any 'collusion' between the parties.12. the nature and scope of sub-section (2) of section 13-b of the act has been considered by the supreme court in sureshta devi's case (supra) and after holding that the waiting period of 6 to 18 months is ..... with notice in the first appeal?8. in order to appreciate the contentions in relation to issue no. 1, it may be mentioned that sub-section (1) of section 13-b of the act permits both the parties to a marriage to present a joint petition for dissolution of their marriage on the ground that they have been living separately for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-03-2006
Reported in : 2007ACJ1817
..... heard the counsel, we are of the view that no legal infirmity is discernible from the impugned award necessitating interference of this court in exercise of jurisdiction under section 173 of the motor vehicles act, 1988. there are categorical findings with regard to culpable negligence which resulted into the death of the husband of the claimant-respondent no. 1. the salary as .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-05-2006
Reported in : (2006)144PLR569
..... maintainable as a contradictory order has been passed in respect of the objection and the application and, therefore, such order having attained finality on application under section 28 of the act, the revision petition will not be maintainable.4. after hearing of the learned counsel for the parties, i am of the opinion that the said ..... a preliminary objection that the petitioner has filed appeal before the learned additional district judge, sangrur, in respect of the order passed on application under section 28 of the act. the said appeal was dismissed on 10.9.1993 as not maintainable. the petitioner has challenged the order passed by the learned executing court on ..... has been deposited on 17.4.1990. however, the learned executing court accepted the objections dated 2.4.1990 as well as the application under section 28 of the act filed by the petitioner-judgment debtor, consequently the decree for specific performance of the agreement is found to be not executable.3. learned counsel for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-17-2006
Reported in : (2006)202CTR(P& H)444; [2006]286ITR548(P& H)
..... which he could advance the loan of rs. 50,000 is sustainable in law?(ii) whether, in the facts and circumstances of the case, the provisions of section 68 of it act, 1961 be invoked and it be held that the loans advanced by surinder kumar of rs. 50,000 each in the relevant assessment years is to be treated ..... speaking, fall within the realm of re-appreciation of the evidence, which this court will not like to enter in exercise of its appellate jurisdiction conferred under section 260a of the act, where the jurisdiction vested in this court is only to examine a substantial question of law arising out of an order passed by the tribunal.9. the ..... rs. 50,000 shown as credit in the account of sh. surinder kumar was treated as unexplained and addition to that effect was made under section 68 of the it act, 1961 (hereinafter referred as 'the act').3. having failed even before the cit(a), the assessee approached the tribunal. the tribunal while considering various pleas raised by the assessee came .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-18-2006
Reported in : (2006)143PLR590
S.S. Nijjar, J.1. The Union of India has filed this writ petition under Articles 226/227 of the Constitution of India challenging the order dated 13.1.2006 (Annexure P-3) passed by the Central Administrative Tribunal, Chandigarh (hereinafter referred to as 'the Tribunal) in O.A. No. 585-CH of 2005. Applicant-Respondent No. 1 filed the aforesaid O.A. challenging the order dated 20.5.2005 passed by the petitioners-Union of India rejecting his claim for reimbursement of the Leave Travel Concession (hereinafter referred to as 'the LTC').2. It was not disputed before the Tribunal nor is it disputed before us that applicant-respondent No. 1 had proceeded on duly sanctioned L.T.C. from 12.1.2004 to 23.1.2004. The journey was to commence from Chandigarh and was to end at Port Blair. Respondent No. l had a number of options to reach Port Blair from Chandigarh. Respondent No. l claims that he was constrained to travel by Jet Airlines as the arrangement to travel by rail did not fructify. After v...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-19-2006
Reported in : (2006)202CTR(P& H)449; [2006]287ITR56(P& H)
..... received more than the consideration declared in the transaction.9. from a perusal of the order of all the authorities, it is revealed that the provisions of section 52(2) of the act have been invoked merely by recording that there is a difference of more than 15 per cent in the value of the transaction declared by the assessee ..... of its transfer.7. at the very outset, the learned counsel for the appellant submitted that the principles applied by the authorities below to invoke the provisions of section 52(2) of the act, run totally contrary to the law laid down by hon'ble supreme court of india in the case of k.p. varghese v. ito and anr. . ..... .5. we have heard sh. akshay bhan, advocate for the petitioner-assessee and sh. d.s. patwalia, advocate for the respondent-revenue.6. relevant provisions of section 52 of the act are reproduced hereunder:(1) where the person who acquires a capital asset from an assessee is directly or indirectly connected with the assessee and the ito has reason to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-19-2006
Reported in : (2006)203CTR(P& H)230; [2007]294ITR481(P& H)
..... penalty for the reasons mentioned in para 8 of its order. it was observed that the assessee discharged the onus in terms of explanation to section 271(1)(c) of the act and since there was no evidence except the revised return filed by the assessee to show that the disputed amounts constituted assessee's income in two ..... assessee revised his balance sheet, raised cash balance, revised other entries and thereafter filed revised returns with the department.3. proceedings were initiated under section 271(1)(c) of the it act, 1961 (for short, 'the act') for furnishing inaccurate particulars. in his reply, the assessee took the plea that surrender of amounts for purpose of assessment was made bona me ..... of the case, the tribunal was right in law in cancelling the-penalty of rs. 25,515 and rs, 45,680 imposed by the iac under section 271(1)(c) of the it act, 1961 for asst. yrs. 1969-70 and 1970-71 respectively ?2. the assessee is a wine contractor. he derives income from property, personal business .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-19-2006
Reported in : (2006)144PLR719
..... to treat applications of defendants-respondents as a petition under section 42 of the said act, and the plaintiff and suba singh were given notice and they appeared before the additional director of consolidation holdings of punjab, jullundur, and it was held that the ..... singh and suba singh were allotted more land equivalent to 25 kanals 7 marlas then they are entitled to and the action was taken under section 42 of the east punjab holdings (consolidation and prevention of fragment) act, 1949 for making necessary entries in the revenue records and the director vide his memo no. pa/1813 camp dated 21.8.1979 advised .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-21-2006
Reported in : 2006(202)ELT423(P& H)
..... others total providedby padbanks____________________________________________________1994-95 170 72 242 3391995-96 281 78 359 4901996-97 107 89 194 2891997-98 107 88 195 428____________________________________________________3. the respondent was summoned under section 14 of the act on 23-3-1998, 1-4-1998, 24-4-1998, 20-5-1998, 5-6-1998, 29-10-1998, 16-12-1998, 29-12-1998, 17-2-1999 .....
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