Court : Punjab and Haryana
Decided on : May-19-2003
Reported in : (2003)135PLR431
..... 8. a perusal of the above rules shows that the plaintiff-appellants would be covered by the definition of expression local displaced persons as given in clause (d) of section 2. sub-rule 2 or rule 4 would also show that a local displaced persons is entitled to allotment of a residential plot on reserve sale price in accordance with ..... territory of chandigarh or in any urban estate declared as such under the provisions of the punjab urban estates (development and regulation) act, 1964 or in any area covered under a scheme framed under the act or at panchkula in the state of haryana or who being owner as such has disposed of the residential plot or house before ..... is the owner of any land acquired by the trust for the execution of any scheme under the act and who has been such owner for a continuous period of two years immediately before the first publication of such scheme by the trust under section 36; 4. reservation of residential plots and multi-storyed- (1) subject to the provisions of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-14-2003
Reported in : (2003)134PLR747
..... of the same was not handed over to it. thereupon, the petitioner gram panchayat initiated ejectment proceedings against the predecessor of the contesting respondents under section 7 of the act. in those proceedings, the petitioner gram panchayat was held to be owner of the land in question and order of ejectment was passed against mehar ..... filing the same before the collector, who has the jurisdiction to adjudicate upon the matter. thereupon, the contesting respondents filed instant suit/application under section 11 of the act before respondent no. 2, who was exercising the powers of collector. the said suit was decreed by the collector vide his order dated 5. ..... of the land in question to the gram panchayat after 'expiry of the lease period, the petitioner gram panchayat filed an ejectment application under section 7 of the act against him. the said ejectment application was allowed and the predecessor of the contesting respondents was ordered to be ejected by assistant collector ist grade .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-14-2003
Reported in : (2003)134PLR694
..... aforesaid factual position and the availability of the documents on record, respondent no. 2 has rightly dismissed the application filed by respondent no. 3 under section 11 of the act while holding that once respondent no. 3 took the land in question on lease from the petitioner, he cannot challenge the ownership of the petitioner. ..... the disputed land on lease from the gram panchayat, therefore, he is not entitled to challenge its ownership and the application filed by him under section 11 of the act for declaring him owner was not maintainable.4. respondent no. 2 vide his order dated 01.10.1996 (annexure p-1) dismissed the aforesaid ..... ), vide which the appeal filed by respondent no. 3 against the order of dismissal of application filed by him under section 11 of the punjab village common lands (regulation) act, 1961 (hereinafter referred to as 'the act') was allowed and the order of the divisional deputy director, rural development and panchayats, patiala (exercising the powers of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-14-2003
Reported in : 2003(3)ARBLR609(P& H); (2003)135PLR445
..... board the contract could not have been assigned by respondent no. 1 to the petitioner. on the aforementioned basis, the petition filed by the petitioner under section 17 of the act has been dismissed by the civil judge. 6. shri j.r. mittal, learned senior counsel has argued that the general power of attorney supported with ..... consideration of rs. 40,000/-. on the basis of the afore mentioned documents, the petitioner filed an application before the civil judge, ambala city under section 17 of the act praying that the award dated 11.3.1994 announced by the arbitrator be made the rule of the court. the application was opposed by contractor-respondent ..... against the order dated 22.4.1995 passed by sub judge, 1st class, ambaja city dismissing the application of the petitioner presented under section 17 of the arbitration act, 1940 (for brevity 'the act'). the civil judge has held that the petitioner who is general power of attorney which has been cancelled would not be competent to present .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-14-2003
Reported in : (2003)134PLR688
..... by learned counsel for the petitioners and do not find any force in the same. in the instant case, the application filed by the contesting respondents under section 42 of the act was not against the order dated 25.4.1969 passed by the consolidation officer. actually the said application was filed under the inherent power of the state ..... from killas no. 291/3 and 291/4 belonging to respondents no. 2 to 5. subsequently, respondent no. 4 filed an application (annexure p-4) under section 42 of the act before the director, consolidation of holdings, punjab that passage no. 423 measuring 35 karamas x 2 karams was wrongly provided to the hilly 'chak' of the petitioners ..... as per the consolidation scheme, the hilly area of every land owner was kept as it is. on 7.3.1969, the petitioners filed objections under section 21(2) of the act against not providing the passage to their hilly area. those objections were allowed and vide order dated 25.4.1969 (annexure p-i), the consolidation officer .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-13-2003
Reported in : (2004)ILLJ16P& H; (2003)135PLR188
..... the appellant claimed that he was entitled to reinstatement with all consequential benefits because his service had been terminated without complying with the provisions of section 25-f of the act.5. the employer resisted the claim of the appellant by asserting that public works department is not an industry and that the appellant was not ..... to an adjudication of the dispute.11. we have thoughtfully considered the respective arguments and perused the record. the term award had been defined in section 2(b) of the act in the following words:-'(b) 'award' means an interim or a final determination of any industrial dispute or any question relating thereto by any ..... worked for 12 months preceding the termination of his service and before terminating his service, the employer did not comply with the mandatory provisions of section 25-f of the act. learned assistant advocate general could not point out any infirmity in the said finding. therefore, keeping in view the limited scope of jurisdiction of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-10-2003
Reported in : I(2006)ACC282; 2004ACJ1739; (2004)136PLR476
..... of f.a.o. no,948 of 1984 and cross-objection no. 49-cii of 1997, filed in the said appeal. in the appeal under section 110-d of the motor vehicles act, 1939 (act-for short) the appellant new india insurance company limited assails the award dated 17.8.1984 passed by the motor accident claims tribunal (tribunal-for short) ..... the policy affects the right of any person indemnified by the policy or any other person to recover an amount under or by virtue of the provisions of section 96 of the act. however, the insured was liable to repay to the company all the sums payable by the company which the company would not have been liable to ..... insurance company would beat liberty to recover the excess amount from the insured by executing this award againstthe insured to the extent of such excess as per section 174 of the motor vehicles act,1988. in respect of the amount payable, the executing court shall consider the liabilityof the insurance company vis-a-vis the insured independently uninfluenced by .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-07-2003
Reported in : (2003)135PLR78
..... (sales)-cum-managing officer, ludhiana for allotment of land to the petitioners. on receipt of the reference, respondent no. 4 issued notice to the petitioners under section 24 of the 1954 act. they appeared through shri p.s. kang, advocate and contested the proposed cancellation of orders dated 16th july, 1979, 31st december, 1981, 31st march, ..... of agriculture land has not been satisfied or has been satisfied only partially by the allotment of evacuee land under the relevant notification specified in section 10 of the act shall not be paid compensation in any form other than the transfer of acquired evacuee agricultural land and rural houses and sites in the state ..... l rs. v. chief settlement commissioner, punjab and ors., 1980 rev.l.r. 392. in the case of om parkash, the supreme court interpreted section 24 of the 1954 act and held that even where the allotment is not vitiated by any fraud or false representation or concealment of any material fact, the chief settlement commissioner can .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-25-2003
Reported in : (2004)187CTR(P& H)378; [2003]264ITR582(P& H)
..... of learned counsel. in our opinion, the questions of which determination has been sought by the revenue cannot be treated as substantial questions of law within the meaning of section 260a of the act. the finding recorded by the commissioner of income-tax (appeals) which was confirmed by the tribunal was that there was no significant discrepancy in the stock maintained by ..... filed a return on october 30, 1989, for the assessment year 1989-90 declaring the assessable income at rs. 47,450. the assessing officer framed the assessment under section 143(3) of the act by making an addition of rs. 8,95,639 on account of difference in the value of paddy shown in the bank statement and books of account. on ..... g.s. singhvi, j.1. in this appeal under section 260a of the income-tax act, 1961 (for short, 'the act'), the revenue has sought determination of the following questions of law :'1. whether the learned tribunal was correct in upholding the order of the commissioner of income-tax (appeals) deleting .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-24-2003
Reported in : (2003)134PLR802
..... possession is authorised or legal.6. feeling aggrieved against the aforesaid order, the petitioners filed an appeal before the commissioner, hisar division, hisar under section 9 of the act. the learned commissioner vide his order dated 28th may, 1999 dismissed the appeal and confirmed the order dated 27th august, 1998 passed by the ..... title, and their possession over the aforesaid land was wholly unauthorised and illegal.3. pursuant to the notice issued to the petitioners under section 4(1) of the act the petitioners appeared before the collector. sub division, safidon and filed their reply. in the reply, they raised a preliminary objection to ..... on 3rd november, 1997, the state of haryana through sub divisional officer, anta water services sub division, safidon, district jind, filed an application under section 5 of the act before the collector, sub division, safidon, for eviction of the petitioners from the land measuring 76 kanals 75 marlas situated in village anta, tehsil safidon .....
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