Court : Punjab and Haryana
Decided on : Mar-12-2003
Reported in : (2003)134PLR347
..... 13 of the act for eviction of the tenant from the shop in question, which was under his occupancy at the monthly rent of rs. 12.50 plus house ..... by additional district judge, exercising the powers of appellate authority under the provisions of haryana urban (control of rent and eviction) act, 1973 (hereinafter referred to as 'the act') vide which the petitioners were ordered to be ejected from the demised premises on he ground that the same has become unfit ..... and unsafe for human habitation.2. the brief facts of the case are that respondent vidya parkash (hereinafter referred to as 'the landlord'} filed an ejectment application against kunji lal (hereinafter referred to as 'the tenant') under section .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-12-2003
Reported in : 2003(2)ARBLR677(P& H); (2003)134PLR360
..... . on that date the cause of action for recovering the said amount was barred by the period of three years prescribed under articles 137 of the limitation act, 1963. under section 3 of the limitation act, it was the duty of the arbitrator to reject the claim as it was on the face of it, barred by the period of limitation'.22. ..... where the latter had allowed interest at the rate of 18% per annum on the awarded amount from the date of filing of the application under sections 14(2) read with section 17 of the arbitration act, 1940 till the date of realisation of the decretal amount, learned district judge brought down the rate of interest to 14% per annum.2. fci ..... dated 12.9.1992, whereby the latter had allowed the application of the food corporation of india (herein after to be referred as fci) under sections 14(2) read with section 17 of the arbitration act and made award delivered in its favour by the arbitrator and against m/s bodh raj daulat ram and ors. (herein after to be referred as .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-12-2003
Reported in : I(2004)ACC106
..... . dahiya, the learned counsel, has contended that the multiplier of 21 applied by the tribunal was much in excess of that visualised in the schedule given to the motor vehicles act and was even contrary to the express directions of the hon'ble supreme court and a multiplier of 17 would be a suitable one. this assertion is correct. in this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-07-2003
Reported in : (2003)134PLR356
..... . 6, wherein it was held that landlord cannot convert residential building into a non-residential building without the permission of the rent controller as required under section 11 of the act. it is also held that where a residential building is let out by a landlord for non residential purpose, even then landlord is entitled to eject ..... the findings of both the courts below are that it is a residential building and in order to convert it to a non-residential house, permission under section 11 of the act was required to be obtained from the rent controller. the observation of the rent controller in this regard as under:-'it is clear that the residential ..... controller has raised an unwarranted presumption that the demised premises was a residential building and its conversion from residential to non-residential was in violation of section 11 of the act. the basis of his submission is the purpose for which the building was let out vide rent note dated 14.10.11965 which specified book binding .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-07-2003
Reported in : (2003)134PLR154
..... appeal no,14 of 1985 and rent appeal no.16-r of 1985.2. bhupinder kaur, the respondent land-lady filed an application under section 13 of the east punjab urban rent restriction act, 1949 seeking eviction of the petitioner in the court of rent controller, ferozepur. initially, the petitioner was inducted as a tenant in the, ..... the respondent-landlady to defeat the claim of the petitioners. the rent controller held that tajinder singh and tripatpal singh are guilty of serious misconduct. criminal proceedings under section 340 cr.p.c. were ordered to be initiated against both of them. further a reference has been made to the registrar-cum-deputy commissioner, ferozepur for ..... the page in a different ink. on the basis of the blatant interpolations, the rent controller has directed that proceedings be initiated against tripat pal singh under section 340 cr.p.c. these findings of fact were not even assailed before the appellate authority. i am of the considered opinion that the findings recorded by .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-05-2003
Reported in : (2003)134PLR344
..... rs. 30,000/- per shop and wants to get the profit because of his relation with legal minds'.8. the respondent/tenant ought to have recourse to section 14 of the act. instead of that, he made an attempt to clarify his stand only before the appellate authority, which felt inclined to subscribe to the view that there was ..... rent controller dated may 11, 1987 for eviction of the tenant om parkash, respondent-herein passed in a petition under section 13 of the haryana urban (control of rent & eviction) act, 1973 ( in short to be referred as 'the act').2. the diary of the facts in brief is that the petitioner purchased the shop in dispute from sudesh kumar and ..... the landlord summarily on the ground that the issues raised by the petitioner here are substantially the issues, as have been finally decided in the former proceedings under this act. taking an unclear stand in the written statement as stated above, would not amount to discharging the burden. in my view, on the existing un-clear plea by .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-05-2003
Reported in : (2003)134PLR557
..... the judgment of the supreme court in the case of m/s nihal chand (supra). ordinarily findings of facts cannot be interfered with by this court under section 6 of section 15 of the act. however, in the present case this course has become inevitable because the document mark 'a' (ex.pa) has to be excluded from consideration. in the ..... because the landlord who has falsely and illegally demanded the rent for the period has already been paid would face proceedings under section 19(2) read with clause (a) of sub-section 1 of section 6 of the act which provides for punishment of imprisonment which may extend to two years with fine. according to the learned counsel, the tenant- ..... m.m. kumar, j.1. this petition filed by landlord-petitioner under sub section 6 of sections 15 of the haryana urban (control of rent and eviction) act, 1973 is directed against the judgment dated 1.12.1984 passed by the appellate authority, karnal reversing the findings of facts recorded by the rent controller, kar- .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-05-2003
Reported in : (2003)134PLR592
..... written agreement between the management and the workman and the same should have been signed by theparties in such manner as may be prescribed. section 13(1) of the act further providesthat a settlement arrived at by agreement between the employer and workman otherwisethan in conciliation proceedings shall be binding on the parties to the ..... and the management otherwise than in the course of conciliation proceedings shall be binding on the parties. the word 'settlement' has been defined in section 2(p) of the act in the following terms:,'settlement' means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and ..... given the award to the effect that the reference in question was fully settled. the word 'award' has been defined in clause (b) of section 2 of the act as under:-'an interim or final determination of any industrial dispute or of any question relating thereto by any labour court, industrial tribunal or national .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-28-2003
Reported in : AIR2003P& H191; II(2004)DMC410; (2003)134PLR500
..... and circumstances of each case. in the present case, it may be noticed that the appellant before the learned trial court had filed an application under section 24 of the act for grant of maintenance pendente lite. it was the admitted position that the respondent was working as a clerk-cum-cashier with the punjab national bank, ..... alimony is admissible without the relationship between the supposes being terminated. in the said case the wife filed an application for grant of permanent alimony under section 25 of the act, after the joint petition of grant of divorce by mutual consent had been dismissed as withdrawn. it was held that in those circumstances, the applicant ..... of their rights under the decree.' therefore, the decree for divorce being passed in the present case, the appellant-wife would be entitled to the maintenance under section 25 of the act. the hon'ble supreme court in chand dhawan v. jawaharlal dhawan, (1992-2)102 p.l.r. 114 (s.c.), considered the question whether payment .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-27-2003
Reported in : 2003CriLJ4668
..... have the knowledge of the existence of those weapons and these weapons could not have been recovered by the police without the assistance of these accused and, therefore, section 27 of the evidence act is quite applicable to the present case. if the participation of kulwinder singh alias kala and baldev singh in the murder of rajbir singh is proved, then the ..... common judgment.2. fir no. 67 dated 15-10-1997 ex. pm/ 2 was registered at 2.00 p.m. under sections 307/34 of the code and sections 25 and 27 of the arms act, hereinafter referred to as the act. the fir ex. pm/2 related to an occurrence which allegedly took place at 7.45 a.m. on 15-10- ..... the code ) and criminal appeal no. 177-db of 2001 has been preferred by nirpal singh and nardev singh who have been found guilty of offences punishable under sections 120b read with section 302 of the code. all were awarded imprisonment for life and payment of rs. 2000/- each as fine, and in default thereto to further undergo rigorous imprisonment for .....
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