Court : Punjab and Haryana
Decided on : Aug-16-1989
Reported in : AIR1990P& H68
..... of the considered view that the approach of the learned land acquisition collector in this behalf was wrong, illegal and misconceived, and he acted illegally and with material irregularity in exercise of his jurisdiction. section 28a of the act reads as follows:--'28a (1) where in an award under this part, the court allows to the applicant any amount of compensation ..... are the persons interested, as their land was also acquired by the same notification u/s 4(1) of the act and they had not made any application to the collector u/s 18 of the act. reading the section as a whole, the persons who have been given the benefit thereunder are those persons whose land was acquired by ..... are set aside and the cases are sent back to the collector for deciding the matter afresh in accordance with law, keeping in view the provisions of section 28a of the act.5. the parties, through counsel, are directed to appear before land acquisition collector ambala city on 20th september, 1989.5. revisions allowed.
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-16-1989
Reported in : (1990)97PLR662
..... and above the said compensation, besides allowing an amount equal to 12% per annum over and above the compensation from the date of notification under section 4 of the act till the date of the pronouncement of the award by the land acquisition collector or taking of the possession of the land, whichever is earlier the ..... in this regard were not received. being dissatisfied with the adequacy of the compensation awarded by the learned collector, the landowners claimants successfully sought reference under section 18 of the act to the court of the district judge, jullundur. shri m s. luni, the then additional district judge juliundur vide his impugned award dated 27th january, ..... plan the acquired land has been specified for any other purpose.9. t he definition of 'vacant land' figuring in clause (a) of section 2 of the urban land ceiling act excludes agricultural land mainly used for agriculture purposes. clause (a) runs as under:-'vacant land' means land not being land mainly used for the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-16-1989
Reported in : AIR1990P& H32
..... , 1988, decided to follow the system of normalisation of marks. but this fact appeared in the press in april, 1989 only, both in the hindi as also english sections though it was somewhat discrepant. the petitioners further assert that the government of india, on the other hand, vide advertisement annexure p-3 dated march 15, 1989, had ..... d. university on november 4, 1988, resolved to accept the process, and the matter was sent to the press for publication. the discrepancy in the english and hindi sections was said to be inadvertent, it was cross asserted that the government of india had vide letter dated may 2, 1989, approved normalization principle as devised by the government ..... (air 1989 sc 1899), provides us the answer that we cannot resort to substituting any state action and it must be left to the legislature or the executive to act within its own sphere under the consti-tuiton. so in this regard, we would be unable to issue any direction to the respondents, for they are supposed to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-10-1989
Reported in : I(1990)DMC343; (1990)97PLR21
..... manjit singh, accused no. 5 or jagir kaur accused no. 4. in this connection, it may be pointed out that the concept of dowry as defined in section 2 of the dowry prohibition act, 1961 is wider than the concept of stridhan. while dowry signifies presents given in connection with marriage to the bridal couple as well as others, stridhan is ..... counsel for the state also relied on swaran lal v. smt. bimla devi, 1982 c.c. cases 6 hc. the question raised was whether the complaint under sections 4 and 6 of the dowry prohibition act, 1961, was time barred, b.s. yadav, j. (as his lordship then was) referred to an earlier decision of this court in criminal misc. no. ..... was also made to gurcharan singh v. lakhwinder kaur, 1988 (2) recent c.r. 621. the above case related to an offence under section 406, indian penal code, and sections 4 and 6 of the dowry prohibition act, 1961. it was not disputed before the learned single judge in the above case that the period of limitation was three years from the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-08-1989
Reported in : AIR1990P& H254; (1990)97PLR391
..... found the same in favour of the defendant sardara singh when it was observed that 'so the defendant is protected under s. 53a of transfer of property act and is entitled to retain the possession'. it was further found that krishan lal plaintiff had received the entire consideration and sardara singh was in possession of the ..... execute the sale deed in favour of sardara singh.8. learned counsel for the defendants-appellants submitted that the provisions of s. 52 of transfer of property act though not strictly applicable as such to the arbitration proceedings but the principles thereof are applicable and once the matter in dispute was referred to the arbitrators by ..... the trial court found that krishan lal plaintiff was the owner of the suit land but since the defendant was protected under s. 53a of the transfer of property act he was entitled to retain the possession. consequently, plaintiff krishan lal's suit was dismissed on 11-1-1982. however, in appeal, the learned additional district judge .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-07-1989
Reported in : AIR1990P& H71
..... as equivalent to ayurvedacharya of the punjabi university, patiala, are given. item nos. 4 and 15 read as under :--'the following degrees are recognised by central council of india medicine act, 1970 as equivalent to ayurvedacharya of the punjabi university. patiala. 4. ayurvedacharya/vaidacharya -- all india ayurvedic vidyapeeth. delhi. 15. g.a.m.s. ayurvedacharya -- faculties of ayurvedic and unani systems ..... starting aftertaking such decision and not to the degrees in the courses continuing at that time or completed earlier.10. the second schedule attached 10 the indian medicine central council act. 19t), contains the institutions which have been recognized by the said council. hem no. 12 refer? to all india ayurveda vidyapeeth, delhi and item no. 83 refers to faculty of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-04-1989
Reported in : AIR1990P& H50
..... judgment will be the same as stated in the plant. 2. the plaintiffs were the tenants on the suit land. respondents-defendants filed an application under section 14a(i) of the pubjab security of land tenures act, 1953 fortheir ejectment. the appplication was allowed by the assistant collector 1st grade, gohana vide order dated 24th september 1966 ordering their ejectment. the order ..... trespasser and he has no term and no estate or title. he is merely in occupancy without right and wrongfully.7. article 139 of the limitation act 1908 equivalent to article 67 of the limitation act, 1963 provides a period of 12 years for filing a suit for possession by the landlord against a tenant who continues to remain in possession of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-03-1989
Reported in : AIR1990P& H93; (1990)97PLR56
1. This/appeal is directed against the order of the first appellate Court remitting the case for retrial after allowing amendment of the written statement.2. The petitioners (for short the 'plaintiffs') filed a suit for permanent injunction restraining the respondents (for short the 'defendants') from interfering in their peaceful possession on the disputed plot. During the pendency of the suit, the plaintiffs were forcibly dispossessed necessitating the amendment of the plaint which was allowed, the relief in the plaint was confined for decree for possession. The learned trial Judge on appraisal of the entire evidence found that the plaintiffs were the owners of the plot composed in Khasra No. 791 and decreed the suit. The defendants being aggrieved by it filed first appeal which was entrusted for disposal to Shri S.S. Kanwal, Additional District Judge, Ludhiana. During the pendency of the first appeal, applications for amendment of the written statement, appointment of a local commis...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-02-1989
Reported in : [1990]79STC1(P& H)
..... amount of freight formed part of the 'sale price' within the meaning of the first part of the definition of that term in section 2(p) of the rajasthan act and section 2(h) of the central act and was includible in the turnover of the assessee.'13. in the present cases, there is no statutory regulation controlling the sale and ..... that the questions should be answered in favour of the respondent.6. it will be apposite to notice the various relevant statutory provisions at the threshold.section 2(h) of the central sales tax act, 1956 :' 'sale price' means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash ..... g.s.t. ref. nos. 10 to 13 of 1980.2.on applications filed by the excise and taxation commissioner, haryana, under section 42(1) of the haryana general sales tax act, 1973 (hereinafter referred to as 'the act'), the sales tax tribunal, haryana, has referred the following two questions of law for our opinion :(i) whether, on the facts .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-02-1989
Reported in : (1990)86CTR(P& H)13; [1990]185ITR375(P& H)
..... at the rate of 60 per cent. of the purchase price. it has not been explained why it was reduced to 40 per cent. in the act. because of these measures, section 44ac offends article 14 of the constitution. it also imposes unreasonable restrictions upon the fundamental right guaranteed by article 19(1)(g). however, in social interest ..... in detail and has been turned down. we are in respectful agreement with the reasoning and conclusions therein and hold that on a harmonious construction of sections 44ac and 206c of the act, the inescapable conclusion is that the distillery is entitled, rather obliged, to charge a sum equal to 15 per cent. of the purchase price ..... concur in the felicitous formulations articulated in the judgment.8. the first question that calls for determination is the legislative competence of parliament to enact sections 44ac and 206c of the act. the power of parliament to frame laws in respect of income-tax flows from entry 82 in list i of the seventh schedule to the .....
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