Court : Punjab and Haryana
Decided on : Apr-23-2003
Reported in : (2004)136PLR628
..... user may even be from the inception of tenancy yet it will not be sufficient to provide any immunity to the tenant from the rigour of the provisions of the act. reference has been made to the view expressed by this court in hari ram v. sh. gurbax singh, (1989-2)96 p.l.r. (p&h;) 609 and also a ..... would amount to consent. however, this plea has been rejected on the premises that when a statute provides a particular mode for doing a particular act, compliance thereof is sine qua non for performance of such act. thus, the change of user without the written consent is not remissible and in this regard reliance has been placed upon the judgments of this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-23-2003
Reported in : (2003)135PLR591
..... against the aforesaid order, on 19.7.1993, respondents no. 2 and 3 filed a review application (annexure p-4) under section 24 of the act read with section 82 of the punjab tenancy act, 1887 for reviewing the order passed by the financial commissioner on the grounds that possession of the armed forces on the available surplus land ..... on the aforesaid three grounds. the first ground is that the power of review of an earlier order passed by the learned financial commissioner under section 82 of the punjab tenancy act, 1887 is very limited. the said power can only be exercised when there is an apparent mistake or error in the order to be ..... landlords and the petitioner is an ejected tenant. the aforesaid respondents filed separate ejectment applications against the petitioner under section 9(1)(i) of the punjab security of land tenures act, 1953 (hereinafter referred to as 'the act') claiming themselves to be small land owners. the petitioner was ordered to be ejected from the land measuring 3 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-22-2003
Reported in : (2003)134PLR423
..... competent authority vide letter dated 29.8.1995. the estate officer thereafter discusses the definition of the expression 'unauthorised occupation' as contained under section 2(g) of the public premises act. it has been held that the aforesaid expression is in two parts. the first part relates to the occupation by any person of the ..... does not suffer from any error apparent on the face of record. not satisfied with the order, the petitioners filed appeals before the appellate authority under the act i.e. in the court of shri raj shekhar attri, additional district judge-cum-authority, jalandhar. after detailed discussion, the appeals filed by the petitioners ..... of the land, proceedings were initiated against them under section 4 of the public premises (eviction of unauthorised occupants) act, 1971 by issuing a show cause notice dated 15.2.2000 under sub section (1) and clause (b)(ii) of sub section (2) of section 4 of the said act. the petitioners submitted the written objections to the show .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-22-2003
Reported in : (2003)135PLR613
..... the impugned order, he submitted that additional director, consolidation was competent and was having jurisdiction to order re-partition of the land in question under section 42 of the act. therefore, there is no illegality or jurisdictional error in the impugned order passed by respondent no. 2 and the writ petition filed by the petitioner ..... -partition of the musterka malkan land reserved for common purposes of the village in the consolidation being a bachat land amongst the right holders under section 42 of the act. he submitted that before ordering the re-partition of such land, it has to be determined whether such land, which was reserved in consolidation ..... khataunis in column no. 9 of the above said jamabandi. when the contesting respondents no. 4 to 15 filed the petition qua this land under section 42 of the act before the additional director, consolidations, the same was not contested by the gram panchayat. the then sarpanch stated before the additional director, consolidations that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-22-2003
Reported in : (2004)ILLJ276P& H
..... (p&h-db;). after discussing various judicial precedents on the subject, the court culled out the following propositions :'(1) while exercising power under section 10 read with section 12 of the act, the power of the appropriate government is administrative and not judicial or quasi-judicial.(2) in exercising the power, the government is only required ..... raised by the petitioner is legally unsustainable and is liable to be nullified. it is settled law that the power of the government under section 10 read with section 12 of the act is administrative and not judicial or quasi-judicial and while exercising that power, the only thing which the government is required to examine is ..... serious reservation on the competence of the civil court to entertain and decide on merits the controversy which falls within the definition of 'industrial dispute' under section 2(k) of the act. in premier automobiles ltd. v. kamlekar shantaram wadke and ors. air 1975 sc 2238 : 1976 (1) scc 496 : 1975-ii-llj-445 and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-13-2003
Reported in : 2004ACJ991; (2003)135PLR696
..... registered as ajeep, having a seating capacity of 10 persons. that being so, the vehicle in question wasregistered as omnibus, as defined under section 2(29) of the act. under section 2(29)of the act, omni bus means any motor vehicle constructed or adapted to carry morethan six persons, excluding the driver. since the jeep in question was ..... include a maxicab, a motorcar, contracted carriage and stage carriage. similarly, the jeep in question could not be termed as a transport vehicle, as defined under section 2(47) of the act, which means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle.6. from the above discussion, it would ..... once it is found that the jeep in question was not a maxicab, it could not be termed as a public service vehicle , as defined under section 2(35) of the act, according to which, public service vehicle would mean any mother vehicle, used or adapted to be used for carriage of passengers for hire or reward and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-10-2003
Reported in : (2003)135PLR208
..... deemed to be unauthorised and illegal in view of rule 19 of the punjab village common lands (regulation) rules. 1964. and he is liable to be evicted under section 7(2) of the act. in this regard, the reference an be made to the decision of hon'ble supreme court in gurnam singh and ors. v. the sub divisional officer (civil). ..... aforesaid decision of the apex court, i am of the opinion that the petitioners, who are in illegal occupation of the land in dispute, can be ejected under section 7(2) of the act by the assistant collector 1st grade. they had taken the land in dispute on lease from the gram panchayat. their lease period had already expired. after the ..... (supra), the hon'ble supreme court has held that the 'charand' land reserved for grazing of cattle falls within the definition of shamlat deh as defined in section 2(f) of the act and no distinction can be made between charand and shamlat deh. the plea of the proprietors that the charand land could not vest in the gram panchayat under .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-10-2003
Reported in : (2003)135PLR315
..... is known to have last resided or carried on business or personally worked for gain, or in such other manner as the court thinks fit.[(1-a) where the court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known ..... a visiting basis. therefore, it is not served with the notice of substitution and the endorsement made therein as to the refusal of the service cannot be attributed to any act of the appellant. when a party is sought to be impleaded in a legal proceedings service of notice on such other party cannot be a mere formality but should, in ..... m.m. kumar, j.1. this petition filed under section 115 of the code of civil procedure, 1908 (for brevity, 'the code') challenges order dated 17th february, 2003 passed by the additional civil judge (senior division), kharar setting aside the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-09-2003
Reported in : 2004CriLJ310
..... consenting adults in private has been accepted as a tolerable behaviour and is no longer considered as an offence as provided by section 1(7) of sexual offences act, 1967 (for brevity '1967 act'). in september, 1957 the wolfenden committee recommended that homosexuality behaviour between consenting adults in private should no longer be a criminal offence ..... is in jail.3. mr. som nath saini, learned counsel for the petitioner has argued that benefit of sections 3 and 4 of the probation of offenders act, 1958 (for brevity 'the act') read with section 360 of the code must be extended to the petitioner and he should be released on probation. in support of ..... .-- penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.' 5. the concession of releasing a convict on probation under section 360 of the code or sections 3 and 4 of the act is restricted only to castes where the offence committed by an offender is punishable with imprisonment .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-07-2003
Reported in : (2003)135PLR285
..... 1 marla is charand of the village and the same falls within the definition of shamlat deh' as defined in section 2(g) of the act, hence the same vests in the gram panchayat under section 4 of the act. he further pleaded that the aforesaid land in question was earmarked as charand in the consolidation of holdings which took ..... .2. mehar singh petitioner, who is resident of village nabh, tehsil jagadhri, district ambala, filed a suit for declaration under section 13-a of the punjab village common lands (regulation) act, 1961 (hereinafter referred to as the act), as applicable to haryana, against respondents no. l to 82 to the effect that the land in question measuring 4/6 ..... this land has been specifically recorded as charand. he further submitted that as per section 2(g)(l) of the act, the lands described in the revenue records as charand will be shamlat deh which vest in the gram panchayat under section 4 of the act. while referring to the decision of the hon'ble supreme court in shish ram .....
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