Court : Punjab and Haryana
Decided on : Apr-07-2003
Reported in : (2003)135PLR37
..... of the house. she feels disturbed with the entry of strangers on the first floor of the house. it was stated that there was a compromise in the proceedings under section 107/151 of the code of criminal procedure wherein the tenant has undertaken to vacate the premises. it was also submitted that the landlady moved civil misc. no.71 of ..... has agreed to vacate and deliver the vacant possession of the building vide writing executed on 1.3.1985. it is also alleged that the tenant is guilty of various acts and conduct which are nuisance to the occupiers of the building. the tenant systematically and regularly used filthy language and habitually conducted himself in indulging in most obnoxious and vulgar .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-03-2003
Reported in : (2004)ILLJ501P& H
..... time or casual basis to do manual, unskilled, skilled, technical, operational, clerical or supervisory work in an industry would fall within the definition of workman under section 2(s) of the act.9. in view of the above analysis of the definition of the workman, we hold that every person employed in an industry to do manual, unskilled, ..... terminated without giving him notice or pay in lieu thereof and retrenchment compensation and this was violative of section 25f of the act. accordingly, he ordered reinstatement of the workman with continuity of service and full back wages from the date of demand notice.6. the only ground on ..... objection raised on behalf of the employer to the maintainability of the reference and held that a part-time employee falls within the definition of workman under section 2(s) of the act. he further held that the workman had continuously worked as part- time sweeper from june 25, 1982 to october 1, 1997 and his service was .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-03-2003
Reported in : (2003)184CTR(P& H)359; [2003]262ITR403(P& H)
..... would not then be an asset 'belonging' to the assessee. ... it has also to be borne in mind that unlike the provisions of the income-tax act, section 2(m) of the wealth-tax act uses the expression 'belonging to' and as such indicates something over which a person has dominion and lawful dominion.'4. at page 896, supreme court held ..... respect of the flat of the assessee in reviera apartments came to the conclusion that this plot also belonged to the assessee within the meaning of section 2(m) of the wealth-tax act and here the commissioner of wealth-tax (appeals) assessed its valuation on the different valuation dates for the purposes of wealth-tax and detailed the ..... that flat in 'reviera apartment' delhi, okhla industrial area, delhi, and hotel site in chandigarh did not belong to the assessee within the meaning of section 2(m) of the wealth-tax act and hence could not be assessed, as such in his hands merely on the ground that these have not been transferred in his name particularly when .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-02-2003
Reported in : (2003)135PLR605
..... which was handed over to her by the defendant after receiving the entire sale consideration under the agreement to sell (ex.p2) under the provision of section 53-a of the act of 1882 which clearly provides that 'notwithstanding that the contract, though required to be registered, has not been registered, or, where there is an ..... and receipt of entire sale consideration and delivery of possession have definitely created an interest on the plaintiff in the disputed house. the provisions of section 202 of the act of 1872 will be applicable in the present case and the defendant cannot revoke the power of attorney executed hi favour of the plaintiff. the ..... the possession was delivered to the plaintiff after receiving the entire sale consideration, therefore, she was entitled to protect her possession like an owner under section 53-a of the act of 1882.10. on the other hand, learned counsel for the defendant submitted that the agreement to sell the immovable property does not create any .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-31-2003
Reported in : (2003)IIILLJ789P& H
..... corporation can recover damages by way of penalty if the employer fails to pay the amount due in respect of any contribution or any other amount payable under the act. section 85-b as it stood up to december 31, 1991 did not expressly provide for recovery of damages by way of penalty, but various high courts took ..... regional director issued notice for recovery of damages. the petitioner contested the notice on the solitary ground that delay in the payment of contributions does not attract section 85-b of the act. however, it did not controvert the allegation that it had defaulted in paying the contributions on the due dates. therefore, we do not find any illegality ..... in which the contributions fall due. where a factory establishment is permanently closed, the employer has to pay contribution on the last day of its closure. section 39(5) of the act and regulations 31-a and 31-b of the regulations provide for levy of interest and recovery thereof. regulation 31-c lays down that the employer, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-27-2003
Reported in : II(2004)ACC234; (2004)136PLR343
..... . it has come in the evidence that kamleshwari mukhiya was 30 years of age at the time of his death and was a labourer and thus belonged to the deprived section of society. it has also come in the evidence that the claimants belonged to sarsa in the state of bihar. to my mind, the incapacity of the claimants and their ..... , the tribunal framed the following issues:-1. whether there are sufficient grounds for condonation of delay? 1a. whether kamleshwari mukhiya had died in accident due to the rash and negligent act of driving of truck no. pjj-252 by respondent no. 1? opa2. to what amount of compensation are the applicants entitled and from whom? opa3. whether respondent no. 1 was .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-26-2003
Reported in : (2003)135PLR57
..... .' 7. it is argued that the penalty under section 22 of the act can be imposed only if any violation is committed as envisaged under section 6, sub-section (2) of section 8, sub-section (1) of section 10. section 11 or section 21.8. the perusal of these sections would show that under section 6, the landlord is not entitled to claim anything ..... can be said to be made out against the petitioner.6. learned counsel for the petitioner has argued that the purpose and intention of section 22 and section 6 of the act is entirely different. the perusal of these provisions would show that such situation does not fall within the mischief of these provisions and that ..... the petitioner has filed the present petition making the aforesaid order as subject matter of challenge. it has been pleaded that the provision as envisaged under section 22 of the act would not be attracted to the facts of this case. thus, the rent controller has fallen into error in granting sanction for prosecution of the landlord .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-14-2003
Reported in : (2003)135PLR3
..... facts had been pleaded that the property was ancestral of the parties. in other words she was only benami owner of the property. decree was hit by section 4 of the benami transaction and prohibition act, 1988. decree was obtained by practising coercion and undue influence upon her. she and the defendants have been working together at tps research and breeding farm ..... v. ram singh major and ors. (1996-1) 112 p.l.r. 559 (s.c.) it was held that sub-section 2 of section 17 of the registration act engrafts exceptions to the instruments covered only by clauses (b) and (c) of sub-section 1. clause (vi) relates to any decree or order of a court, except a decree or order expressed to be .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-14-2003
Reported in : 2003(3)ARBLR14(P& H); [2004]118CompCas341(P& H); (2003)134PLR583; [2003]46SCL247(Punj& Har)
..... , (1982)2 supreme court cases 499.in jonsons rubber industries case (supra), the hon'ble high court has held as under:-'arbitration act, 1940 - section 34 - arbitration and conciliation act, 1996 - section 8(2) - recovery suit based on agreement - agreement containing arbitration clause for dispute to be referred to arbitration and also for jurisdiction ..... to be allowed.'23. in food corporation of india'a case (supra), the hon'ble supreme court has made the following observations:-'arbitration act, 1940 (10 of 1940) - section 34 - what constitute steps in the proceedings which if taken before making stay application would disentitled a party to the arbitration agreement to ..... present petitioners, after three months and six days, filed an appeal, against the aforesaid order of the clb, before this court under section 10f of the companies act, 1956. during the pendency of the aforesaid appeal, the petitioners while asserting that there existed an arbitration agreement and they were wanting the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-12-2003
Reported in : AIR2003P& H334; I(2004)DMC347; (2003)133PLR707
..... the instant appeal against the judgment and decree dated 21.10.1999 passed by additional district judge, kurukshetra vide which his petition for divorce under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') on the grounds of cruelty, desertion, adultery and unsound mind of the respondent, has been dismissed.2. the marriage between the parties was solemnized .....
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