Court : Punjab and Haryana
Decided on : Jan-18-2006
Reported in : (2006)143PLR393
Hemant Gupta, J.1. The plaintiff is in revision aggrieved against the order passed by the learned trial Court on 9.3.2004, whereby the application filed by the petitioner for permission to lead secondary evidence to prove agreement dated 11.9.1992 in respect of the property in dispute, was declined.2. The plaintiff-petitioner has filed a suit for declaration with consequential relief of permanent injunction in respect of residential plot measuring 220 square yards. It was alleged that though the sale deed in respect of the said plot was prepared in the name of defendant No. 1 and proforma defendant Nos. 2, 3 and 4 out of love and affection, whereas the property actually belonged to the Joint Hindu Family. The petitioner has relied upon a family arrangement dated 11.9.1992, whereby the property was allegedly partitioned. It has been further pleaded that since the date of petition, the Cotton Spinning Machine has been installed and the plaintiff is in peaceful possession of the suit prop...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-19-2006
Reported in : (2006)142PLR872
..... . i do not find any force in the aforesaid contention of the counsel for the petitioners as the tenant or the lessee is under statutory obligation under section 194-i of the income tax act, 1961 to deduct the amount of tax deducted at source on the rent/lease amount, if the amount of rent/lease is beyond rs. 20,000/- per ..... made by the defendant in that behalf provided such representation is made within ten days of the first hearing or, of the expiry of the week referred to in sub-section (1) as the case may be.(3) the amount deposited under this rule may at any time be withdrawn by the plaintiff:provided that such withdrawal shall not have the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-20-2006
Reported in : (2006)143PLR81a
..... has been found guilty of any offence punishable under section 153a or section 171e or section 171f or section 376 or section 376a or section 376b or section 376c or section 376d or section 498a or section 505 of the indian penal code, 1860 or any offence punishable under chapter xiii of this act unless a period of six years has elapsed since ..... continue to be a sarpanch or a panch', were prescribed by the legislature. on a comparison of the aforementioned provision of the repealed act, viz. section 228 of the panchayati raj act, we have no doubt in our minds that the legislature was not only alive to the issue but in consciously up-dated such ..... being a 'disqualified member' under the aforesaid article of the constitution also.40. by enacting two express provisions, namely section 208 in the panchayati raj act and section 11 in the state election commission act, though the state legislature has created a deceptive impression of two overlapping provisions, however, since the two pieces of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-20-2006
Reported in : (2006)142PLR632
satish kumar mittal, j.1. this revision petition has been filed by the tenant under section 15(6) of the haryana urban (control of rent and eviction) act, 1973 against the order dated 23.3.2004, passed by the rent controller, hisar, whereby the application filed by the petitioner for setting aside the ex-parte order dated 3. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-20-2006
Reported in : (2006)143PLR95
..... the respondent for the custody of the minor son.2. the marriage between the parties stands dissolved by a decree of divorce. the respondent has filed a petition under section 25 of the act at sonepat alleging that the ordinary residence of the minor at yamuna nagar is forcible under threat and, therefore, cannot be considered relevant for determining the jurisdiction of ..... or not could be decided only after evidence is led by the parties. but, prima facie, the petitioner has made out a case for transfer of the petition under section 25 of the act to yamuna nagar.4. keeping in view the said fact, petition titled prem sunder v. smt. renu, pending in the court of guardian and wards judge, sonepat, shall .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-20-2006
Reported in : (2006)143PLR40
..... after getting the same vacated as per provisions of section 13(4) of the rent act.5. regarding the earlier ejectment application, which was dismissed in default, it has been found by the courts below that the plea of res judicata is not ..... interfere in the findings of the rent controller regarding the bona fide need of the landlord. it is further observed that enough safe guards have been provided by the rent act itself which enable a tenant to approach the court for taking the possession back in case the landlord rents out again the demised premises or does not occupy the same ..... satish kumar mittal, j.1. the tenant has filed this revision petition under section 15(5) of the east punjab urban rent restriction act, 1949, against the orders of ejectment, passed against her by both the courts below on the ground of personal necessity of the respondent-landlord.2. in this case, the respondent .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-20-2006
Reported in : (2006)143PLR19
..... civil suit.4. in view of the said judgment, the apprehension expressed by the petitioner that the findings recorded by the authority under the haryana urban (control of rent & eviction) act, 1973 would create liability of rent on the petitioner, is a misconception.5. consequently, i do not find any ground to interfere in the order warranting interference in exercise of ..... hemant gupta, j.1. the defendant is in revision petition aggrieved against the order of ejectment passed by the appellate authority under the haryana urban (control of rent & eviction) act, 1973 on the ground that the petitioner has not paid arrears of rent.2. it is the case of the petitioner that the demise premises have been vacated on 19. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-20-2006
Reported in : (2006)143PLR293
..... statement made by sawan singh exhibit dl in the suit filed by the defendants on the basis of family arrangement has to be presumed to be genuine. under section 80 of the indian evidence act, the onus was on the plaintiff to show that sawan singh did not appear before the court in the earlier litigation. the court found that the factum .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-20-2006
Reported in : (2006)143PLR81
Hemant Gupta, J.1. The plaintiff is in revision petition aggrieved the order passed by the learned trial Court on 22.1.2005, whereby suit of the plaintiff was dismissed as withdrawn.2. The plaintiff has filed a suit for possession by way of specific performance of the agreement dated 12.9.2002. In the said suit, the parties entered made a statement to withdraw the suit as compromised, but before the suit could be dismissed as withdrawn the plaintiff moved an application to decide the suit on merits. But the learned trial Court dismissed the suit as withdrawn in terms of the statement made in the statement dated 1.6.2004, although before the said date, the plaintiff has moved an application to withdraw the aforesaid statement. Since the plaintiff has withdrawn statement dated 1.6.2004 before the decision of the suit, the learned trial Court was not justified in dismissing the suit as withdrawn on 22.1.2005. The said order is thus, not sustainable in law. The plaintiff cannot be forced t...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-23-2006
Reported in : (2006)142PLR618
..... . it has been further held that a party cannot be made to suffer if the court has committed a mistake. the maxim of equity, namely, actus curiae neminem gravabit - an act of court shall prejudice no man, is also applicable in that situation.5. in the instant case, the defendants were served on 12.3.2004 for 24.3.2004. on .....
Tag this Judgment!