Court : Punjab and Haryana
Decided on : Jan-06-2006
Reported in : (2006)143PLR345
..... respondent and his wife.the respondent-landlord field the aforesaid ejectment application being a specified landlord on the ground of personal necessity on 12.4.2001 under section 13-a of the act. additionally, the landlord also sought ejectment on the ground that the tenant was in arrears of rent with effect from 1.1.1997 till the ..... the tenant did not press this issue before the rent controller but this court observed that the rent controller should have recorded the finding in terms of section 13-a of the act to the effect that the specified landlord requires the premises in question for his personal bona fide necessity. on that account, the order of the ..... is only a part owner or fractional owner of the property.17. in view of my discussion made above, the petitioner is a specified landlord under section 2(hh) of rent act. accordingly, this issue is decided in favour of the petitioner and against the respondent.9. the aforesaid finding recorded by the rent controller was not challenged .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-06-2006
Reported in : (2006)142PLR552
..... the order dated 4.4.1987 passed by the district judge, jind vide which the mother of the plaintiff alleged to have been granted permission under section 8(2) of the hindu minority and guardianship act to alienate the share of the plaintiff in favour of sadhu ram. the trial court dismissed that application while observing that vide order dated 4.4 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-06-2006
Reported in : 2006CriLJ1378
..... to the character, the antecedents and the background of the petitioner, he can be considered also for grant of benefits of probation under section 360, cr. p.c. and the probation of offenders act, particularly for the reason that he earned further promotion after being charged with the offences. the petitioner has been convicted with the aid ..... of section 120-b ipc for helping the main accused rishi pal in getting medical fitness for recruitment in the police department. on the ..... -b ipc for offences under sections 420 ipc, 468 ipc, 511 ipc and 380, ipc. the delhi high court under the circumstances that the accused was not convicted of an offence under the prevention of corruption act distinguished the case and suspended the conviction. that apart, learned counsel appearing for the u.t. of chandigarh .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-06-2006
Reported in : (2006)142PLR625
..... . admittedly, in this case neither the scribe nor any of the attesting witness has been examined by the defendants to prove the will as per the requirement of section 68 of the indian evidence act. in this case, none of the attesting witness of the will is alive. it has been observed by the first appellate court that in that situation the ..... will could have been proved as per the requirement of section 69 of the indian evidence act in which the attestation of one of attesting witnesses, had to be shown to be that of the attesting witness and the thumb impression on the will .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-06-2006
Reported in : (2006)142PLR514
Hemant Gupta, J.1. The tenant is in revision petition aggrieved against the order passed by the learned trial Court on 12.11.2005, whereby application to seek setting aside of exparte ejectment order was dismissed.2. An exparte ejectment order was passed on 26.2.1997. The application for setting aside exparte ejectment order was made on 15.3.1997 on the ground that the petitioner was not served as no process server ever came to effect the service and the landlord got wrong report resulting into exparte ejectment order. During the pendency of the said application, the petitioner sought amendment of an application under Order 6 Rule 17 of the Code of Civil Procedure on 16.5.1999. The said application was declined by the learned Rent Controller. The revision against the said order was also dismissed by this Court on 3.5.2005.3. The learned trial Court has found that the plea on the basis of which the petitioner has sought setting aside of exparte ejectment order is factually incorrect. It...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-09-2006
Reported in : (2006)142PLR528
..... director general, inspector general, deputy inspector general, commandant, deputy commandant, assistant commandant of the force as supervisor offices within the meaning of section 4(1) of the act. the members of the force were to be recruitment/enrolled by the director general or such supervisory officer as authorised by the government, ..... illegally and irregularly, have been disbanded. 2. that though , the haryana state industrial security force was yet to be constituted under section 3(1) of the '2003 act' but still the then director general of police got sanctioned two battalions of industrial security force from the government. against the posts sanctioned ..... were appointed by the state government, their powers and duties were not prescribed as per section 6 of the '2003 act'.7. that additionally, no enrollment certificate was prescribed as provided for in section 6 of the act, and an enrollment certificates otherwise issued are patently illegal and void-abinitio. the selections for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-09-2006
Reported in : (2006)143PLR10
..... also joined as party to the proceedings. the presence of such co-landlords as co-plaintiffs or co-applicants, as are not classified landlords as defined in section 23-j of the act does not alter the nature of claim preferred by the widow landlady and, therefore, does not take the proceedings out of the scope of ..... controller on 8.11.2005 whereby the application for leave to contest filed by the petitioner was dismissed and consequently petition under section 13-b of the east punjab urban rent restriction act, 1949 (hereinafter to be referred as 'the act') filed by the respondent was allowed.2. the respondent has sought ejectment of the tenant, inter alia, on the ..... decision reported as dhannalal v. kalawatibai and ors. : [2002]supp1scr19 . in the said case, a landlord within the meaning of section 23-j, as contemplated in chapter iii-a of the m.p. accommodation control act, 1961, sought ejectment of a tenant, inter alia, on the ground that the premises is required for bona fide use of sons .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-09-2006
Reported in : [2006]283ITR301(P& H)
..... the assessing officer, while framing the assessment for the said assessment year, made an addition of rs. 3,75,000 as unexplained investment. the assessment was framed under section 144 of the act in the status of association of persons (for short 'the aops'). however, on the assessee's challenge to the said order in appeal before the commissioner of income ..... the assessment year 1988-89.4. in view of the said order of the tribunal, the assessing officer initiated action under section 148 of the act in respect of the assessment year 1988-89, and framed an assessment under section 144 on the respondent, taking its status as association of persons.5. aggrieved, the assessee preferred an appeal to the commissioner ..... d.k. jain, c.j.1. this appeal by the revenue under section 260a of the income-tax act, 1961 (for short 'the act'), is directed against order dated february 24, 2004, passed by the income-tax appellate tribunal, amritsar bench, amritsar (for short 'the tribunal'), in i. t. a. no. 659 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-09-2006
Reported in : (2006)143PLR92
..... filed this revision petition for setting aside the order dated 2.9.2003 passed by the additional district judge, kapurthala dismissing the application filed by the petitioners under section 5 of the limitation act for condoning 58 days delay in filing the appeal and also consequently dismissing the appeal being barred by limitation.2. in this case, the plaintiff-respondent filed a ..... possession of the land in question except in due course of law.3. the petitioners filed an appeal against the aforesaid judgment and decree with an application under section 5 of the limitation act for condoning 58 days delay in filing the appeal on the ground that the clerk of their advocate told them that he would apply the certified copy of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-09-2006
Reported in : (2006)143PLR63
..... down and sell those trees is incidental to the proprietorship of the land.2. the afore-mentioned question of law has again arisen in this appeal tiled by defendants under section 100 of the code of civil procedure, 1908 (for brevity 'the code') challenging concurrent findings of fact recorded by both the courts below holding that the plaintiff-respondent, who is .....
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