Court : Punjab and Haryana
Decided on : Nov-05-2003
Reported in : II(2004)ACC108; AIR2004P& H162; (2004)136PLR440
..... i.e., railway risk rate, then the railway administration is liable for the loss or damage caused to the same during the course of transit.15. section 78 of the act pertains to exoneration from responsibility in certain cases, which reads as under:-78. exoneration from responsibility in certain cases.- notwithstanding anything contained in the foregoing ..... or the consignee;g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;h) latent defects;i) fire, explosion or any unforeseen risk;provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of ..... the state of despatch. in view of the aforesaid judgments, i am of the opinion that the railway administration was not entitled for any benefit under section 74 of the act.21. in view of the aforesaid discussion, the instant appeal is allowed with costs. the impugned judgment and decree passed by the learned trial court is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-12-2003
Reported in : (2003)134PLR602
..... the landlord and the tenant that a harmony is sought to be struck whereby the boha fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have ..... the subsequent events and developments occurred after the initiation of the ejectment proceedings and can reappraise the evidence while hearing the revision under section 15(5) of the east punjab urban rent restriction act, 1949. by taking those events and developments into consideration, i am of the opinion that ejectment of the petitioners on the ground ..... landlord is not justified. the hon'ble supreme court in amarjit singh v. smt. khatoon quamarain's case (supra) has observed as under:-'the rent restricting acts are beneficial legislations for the protection of the weaker party in the bargains of letting very often. these must be so read that these balance harmoniously the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-18-2003
Reported in : (2004)137PLR411
..... by the allottee shall not be that of a landlord and tenant, as understood in the normal parlance and under the provisions of the rent act?26. section 4 of the housing board act, the scope and parameters of which we are examining to our mind, does not deal with any relationship between an allottee and his tenant.27 ..... five years, from the date of the sewerage connection etc. as provided in the notification. it is not in dispute that no such notification under section 3 of the rent act has been issued by the chandigarh administration exempting the dwelling units allotted by the housing board to various allottees. in this view of the matter, perse ..... ejectment order against the tenant.5. landlord dharminder kumar vashisht has now filed the present civil revision no. 4775 of 2001 before this court. application of section 4 of the act to the relationship between the landlord and tenant has been challenged. additionally it has been maintained that the law laid down in damyanti bhalla's case (supra .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-05-2003
Reported in : (2004)138PLR189
..... done by the learned additional. district judge. in order toappreciate the prevalent price of the acquired land at the time of issuance of notificationunder section 4 of the act, it would be appropriate to refer to the sale instances onwhich reliance has been made by the claimant-appellants and the same are reproducedas ..... acquired land. the land acquisition collector also awarded solatium at the rate of 15 per cent. feeling dissatisfied, the claimant-appellants sought references under section 18 of the act which were forwarded by the land acquisition collector to the learned additional district judge, kuruskehtra. the learned additional district judge after taking into consideration ..... land, the structures and other items. 2. brief facts of the case necessary for disposal of the instant appeals are that notification under section 4 of the act was issued expressing the intention of the respondent-state to acquire land measuring 69 kanals situated at village ratgal for the construction of a bus .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-03-2003
Reported in : (2004)137PLR606
..... perusal of the judgment ex.d3 would show that the learned sub judge dismissed the suit on the score that the dispute pertain to shamilat deh and barred under section 13 of the act. similarly, the collector vide his decision, copy of which is ex.d4, declined to issue injunction against the panchayat holding that it had no such jurisdiction. the ..... shown in red colour in the site plan is abadi deh which does not fall in the definition of expression 'shamilat deh'. therefore, the bar created by section 13 of the act was not attracted. on the basis of the report of the local commissioner and document ex.p3 which is a copy of entry in the misal khasra khana ..... be decided against the plaintiff-respondent.12. shri j.b.s. gill, learned counsel for the respondent has referred to the definition of shamlat deh in section 2(1)(g) of the act and argued that the land is described in the revenue record as abadi deh and has been specifically excluded from the definition of shamlat deh. accordingly, if .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-03-2003
Reported in : (2004)137PLR772
..... the order of the assistant custodian had been set aside is without jurisdiction, non-est, void etc. however, the provisions as contained under section 10 and section 20 of interest (separation) act, 1951 were not noticed. thus, the remedy for the plaintiff lay some where else which unfortunately was not availed of. the appeal ..... being evacuee property, the civil court has no jurisdiction in view of the provisions contained under sections 27 and 36 of the displaced persons (compensation and rehabilitation) act, 1954 read with section 46 of the administration of evacuee property act, 1950; the suit is bad on account of nonjoinder of the necessary and proper parties, ..... the mortgagee rights in the suit were the composite property as defined under section 2(d) of the evacuee interest (separation) act, 1951. it shall be apposite to notice the definition which reads as under:-'section 2(d) of the interest (separation) act, 1951.'composite property' means any property which or any property in which .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-03-2003
Reported in : (2004)136PLR814
..... property, or grant of possession of subject matter of the suit.' 6. at this stage, it also becomes relevant to refer to the provisions of section 28 of specific relief act, 1963. section 28 reads as under:-'rescission in certain' circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed ..... raised that the amount in terms of the decree has not been deposited and therefore, contract between the parties was liable to be rescinded under section 28 of 1963 act or even under general power vested in the court. not taking this objection right at the very out set of the proceedings before the executing court ..... or direct rescinding of the contract in terms of the statutory provisions. these provisions arc essentially prohibitory in their language and meaning and that is why section 28 of 1963 act vests a wide discretion in the court and the legislature in its wisdom has used expression may and not shall. once the terms and conditions .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-02-2003
Reported in : (2004)136PLR508
..... state.' a reading of the judgment of the division bench would reveal that only tarlok singh was found guilty of murder of surinder kaur and convicted under section 302 ipc for his individual act of causing death by pouring kerosene oil on her and setting her on fire. further more, the finding of the court was also that tarlok singh had ..... as the petitioner was involved in a heinous crime for the murder of his wife.2. the brief facts of the case are that the petitioner was convicted under section 302/34 ipc for the murder of his wife vide judgment dated 8.8.1995 passed by the learned sessions judge, patiala and has been awarded sentence of life ..... of 'murder' which would probably be one where the murderer repeatedly inflicts fatal injuries on the victim and thereafter removes the dead body and disposes it of or otherwise acts in an unusual or brutal manner. in support of his contention the learned counsel relied upon a decision of this court rendered in tarlok singh v. state of punjab, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-19-2003
Reported in : III(2004)ACC160; 2005ACJ1611; AIR2004P& H148; (2004)136PLR436
..... 'thus, the liability of the railway administration in such case would be to pay compensation to the extent as may be prescribed by rules made under the railways act. section 129 empowers the central government to frame rules in this regard. in exercise of such power, the central government has framed the rules known as the railway accidents ..... appellant no. 1, after collecting some papers like post mortem report, inquest report, death certificate etc. filed the instant claim petition before the tribunal under section 16 of the rct act. this claim petition was filed by the widow of the deceased i.e. appellant no. 1, for herself and on behalf of three minor children of ..... 'untoward incident'. therefore, in my opinion, the claim made by the appellants, being dependants of the deceased is fully covered by the provision of section 124-a of the railways act, as the deceased, who was a valid passenger died in the railway untoward incident which occurred in the working of the railway and the railway .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-18-2003
Reported in : (2004)138PLR49
Ashutosh Mohunta, J.1. The appeal is directed against the award dated 9.10.1990 given by the Motor Accident Claims Tribunal, Gurgaon.2. Madan Lal, his wife Smt. Meena alias Maina, his son Vikas (present appellant) were on their way from Gurgaon to Faridabad on scooter bearing No. HYW-917 on 17.8.1989 at about 5.15 P.M., when they were knocked down by the truck bearing registration No. DIG-3345. Madan Lal, who was 43 years of age and was working as Assistant Manager with the Eicher Tractors Limited, Faridabad, died at the spot. His wife Smt. Meena, who was aged about 38 years and was a J.B.T. Teacher, suffered serious injuries and remained hopitalised at Safdarjang Hospital, New Delhi, for 15 days and thereafter she succumbed to her injuries. Vikas was aged 11 years at that time and was studying in sixth class at the relevant time, suffered permanent disability, underwent pain and suffering and thus, he became crippled for the whole life. The Motor Accident Claims Tribunal Gurgaon (for ...
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