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Judgment Search Results Home > Cases Phrase: improvement boards act 1976 Sorted by: old Court: punjab and haryana Page 1 of about 6,713 results (0.068 seconds)

Feb 06 1981 (HC)

Kartar Kaur and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1981P& H146

..... that section 48(1) is the only method in which the government can withdraw from the acquisition has no force because the government under section 4 and 6 by the virtue of its power under section 21 of the general clauses act and this power can be exercised before the government directs the collector to take action direct the collector to take action under section 7. ..... the improvement trust, ludhiana, (hereinafter referred to as the trust) framed a development scheme under section 24 read with section 28(2) of the punjab town improvement act, 1922, (hereinafter referred to as the act), regarding 17 acres of land near the jawahar camp and in this regard published a notice under s ..... it is thus clear that the trust by abandoning the scheme and thereby withdrawing the notice under section 36 of the act, can bring about the withdrawal or the abandonment of the acquisition proceedings.further it is not denied by the trust that in pursuance of the resolution ..... chapter 4(section 22 to 44) of the act deals with the framing, processing and sanctioning of the various scheme such as improvement, re-building, development or extension and housing ..... this judgment will dispose of seven writ petitions nos 2262, 2167, 2211 and 2215 to 2218 of 1976, as identical question of law and fact have bee raised in these all. ..... 2262 of 1976, would govern the merit of the other cases and in this view of the matter i propose to make a reference, whenever necessary, to the facts and records of this case only.2 .....

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Oct 11 1983 (HC)

Nawal Singh Vs. the Administrator, Municipal Committee, Charkhi Dadri ...

Court : Punjab and Haryana

Reported in : AIR1984P& H61

..... 2 has become unexecutable or non-existent after the expiry of five years as provided by section 44-a of the town improvement act and whether the respondent ought to have withdrawn the acquisition proceedings when the scheme for which the land was sought to be acquired has become unexecutable and thus non-existent in the eyes of ..... provides for a period of five years for the completion and accomplishment of the scheme from the date of its notification under section 42 of the act unless duly extended by the state government under the proviso thereto; (ii) that the writ petition must succeed and is hereby allowed with costs.26. ..... i am also in respectful agreement with the view that in the exercise of its powers under the proviso to section 44-a of the act the state government is required to extend the period of five years, before its expiry: any extension granted after the expiry of the said five years is ..... in particular it was sought to be argued that the acquisition proceedings having been duly commended under the schedule to the act and the award having been announced the scheme must be deemed to be executed without anything more and the petitioner be non-suited on ..... seems to be manifest that though the scheme was published under section 42 of the act on 6th february, 1976. ..... the backdrop the salient facts are that the scheme in question was published under section 42 (1) of the act on 6th february, 1976. ..... award for compensation was passed on 3rd november 1976. t. s. ..... 1976 ..... 1976 ..... 1976 ..... 1976 ..... 1976 .....

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Mar 09 1990 (HC)

M/S. Subbhash Chander Kamlesh Kumar Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : AIR1990P& H259; (1990)98PLR666

..... market area for these reasons;(a) the whole of the notified market area is too big an area for any effective control and supervision by a particular market committee;(b) section 6(3) read with section 10 of the act requires a licence by a dealer for doing business in the principal market yard or sub-market yard;(c) only sale or purchase of agricultural produce by way of auction taking place in the principal market yard ..... thereto andbringing about other necessary improvements therein, construction of godownsand other placesof storage, for the agricultural produce brought in the market area for sale/purchase and the construction of rest houses equipped with all modernamenities, to make the stay of visitors (both sellers and purchasers) in themarket area comfortable and for any other pur-pose which may beconsidered by the board to be in the ..... . 212 of 1975 decided onjuly 30, 1976) (reported in air 1976 sc 2433) to which one of us was a party, is to try to find out and follow the opinion expressed by larger benches of this court in preference to those expressed by smaller benches of the court which practice ..... . state of andhra pradesh, air 1976 andh pra 193, it was contended that the facilities provided were confined to the market proper ..... air 1976 ..... . subramaniam, air 1976 sc 2433, concluded the legal position in the following words:'of course, if the views expressed earlier by a larger bench of the supreme court havebeen explained even by a smaller bench in a subsequent .....

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Feb 04 2010 (HC)

Kalawati and ors. Vs. Karnal Improvement Trust Through Its Administrat ...

Court : Punjab and Haryana

Reported in : (2010)158PLR536

..... the petitioners were owners of some property in karnal had lost a piece of property for extent of 1240 per square yard acquired by the government under the provisions of the punjab town improvement act in fulfillment of development of a scheme no. ..... to understand the tenability of the contention of the petitioner, we have to therefore look into the relevant provisions of the improvement trust land disposal rules of 1976. ..... in terms of karnal improvement trust land disposal rules, 1970, a local displaced person means a person whose property had been acquired by the trust for the acquisition of any scheme under the punjab town improvement act. ..... under the terms of the agreement, the karnal improvement trust had received rs. ..... by the trust for the execution of the scheme or who has been a tenant of a property in the scheme for a period of not less than one year prior to publication by the trust of the notice under section 38 of the act and continued as such till that property is acquired by the trust. ..... 2124 of 1976 before this court and a division bench of this hon'ble court passed an order on 13.05.1976 on the basis of a common understanding between both parties. ..... 2124 of 1976. ..... same rate at which the price is fixed as compensation to the petitioners in the land acquisition case, which is now pending before this court in the appeal against the award passed under section 18 of the land acquisition act. .....

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May 21 2013 (HC)

Present: Mr. Salil Sagar Senior Advocate with Vs. Rajinder Kaur and An ...

Court : Punjab and Haryana

..... order dated 4.8.2009, allowing the writ petition of first respondent in which he sought allotment of a plot in the category of local displaced persons (ldp) in accordance with the utilization of land and allotment of plots by improvement trust rules, 1975, (for short 'the 1975 rules'), with a direction to the appellant-trust to allot the plot to respondent no.1 of the size as per her entitlement but at the current reserve price i.e. ..... single judge took notice of the fact that the land of first respondent was acquired on 8.8.1976 and the final notification of such acquisition under section 42 of the punjab town improvement act, 1922 was issued on 24.11.1978, followed by the award passed on 12.6.1980. ..... was pending consideration, the new set of rules, namely utilization of land and allotment of plots by improvement trust rules, 1983 came into force. ..... term of the said chairman expired on 2.11.2010 and it was after the new chairman took over and when he came to knot about the initiation of contempt proceedings against him on 11.3.2011, that the improvement trust resolved to file the accompanying appeal.4. ..... the improvement trust has also moved an application under section 5 of the limitation act for condonation of delay of 595 days in filing the ..... amongst the functionaries of the improvement trust, chairman is not the only officer, to take the decision, rather there are several other responsible officers who could pursue and take up the matter before appropriate quarters to decide whether .....

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Jul 08 2014 (HC)

High Court of Punjab and Haryana at Vs. Land Acquisition Tribunal and ...

Court : Punjab and Haryana

..... attest to the accuracy and integrity of this document cwp no.18653 of 2004 -7- (18).the fact that the tribunal failed to rely upon the smaller sale instances in the wakf board case or that it was bound to consider such instances in the instant case signifies the distinguishable features kept in view by the tribunal while assessing the market value. ..... these writ petitions have been preferred by the kapurthala improvement trust impugning the award dated 11.08.2004 (annexure p7) passed by the land acquisition tribunal constituted under the punjab town improvement act, 1922 (in short, the 1922 act ) whereby the respondent-landowners have been held entitled to compensation for the acquired land @ rs.450 per marla along with ..... (17).adverting to the second contention, namely, whether the tribunal ought to have relied upon and followed the award dated 31.05.1999 rendered in respect of the wakf board land, learned counsel for the petitioner-trust is not sure whether the said award was produced in evidence or not though there is a reference to the award (ex.r2).firstly, the award dated 31.05. ..... (8).while the matter was still under consideration before the tribunal on the second remand made by this court, it appears that the wakf board also staked its claim for enhanced compensation and its reference was decided by tribunal vide separate award dated 31.05.1999 (annexure p6) awarding the compensation ..... by the state government vide notification dated 29.07.1976 under section 42(1) of the 1922 act. .....

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Jul 02 1952 (HC)

Bharam Chand Kishore Chand Puri and Brothers Vs. the Excise and Taxati ...

Court : Punjab and Haryana

Reported in : AIR1953P& H27

..... or contract, of (d) any tax is payable in respect of anyparticular sale or contract, the commissionershall determine such question: provided that any such determination shall not affect the liability of any dealer under this act in respect of any contract entered into or sale effected prior to such determination unless the commissioner is satisfied that the dealer has been wilfully evading or attempting to evade payment of tax in respect of ..... dealing exclusively in goods declared tax-free under section 6' whose gross turnover during the year immediately preceding the commencement of this act exceeded the taxable quantum shall be liable to pay tax under this act on all sales effected after the coming into force of this act: provided that the tax shall not be payable on sales involved in the execution of a contract which is shown to ..... for the record of any proceedings, which are pending before or have been disposed of by any assessing or appellate authority appointed under this act, for the purpose of satisfying himself as to the legality or priority of such proceedings or of any order made therein and may pass ..... the relevant provisions of the act are: '2(c) 'contract' means any agreement for carrying out for cash or deferred payment or other valuable consideration--(i) the construction, fitting out, improvement or repair of any building, road, bridge or other immovable property; or (ii) the installation or repair of any machinery affixed to a building or other immovable property; .....

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May 12 1953 (HC)

Basheshar Nath Vs. Delhi Improvement Trust

Court : Punjab and Haryana

Reported in : AIR1953P& H243

..... the duty of carrying out the provisions of the act vests in a board to be called 'the delhi improvement trust & such board is a body corporate and shall sue and be sued in that name. ..... powers of chairman to institute legal proceedings and is as follows:'95--the chairman may, subject to the control of the chief commissioner: (a) institute, defend or withdraw from legal proceedings under this act, (b) compound any offence against this act, (o admit, compromise or withdraw any claim made under this act, and (d) obtain such legal advice and assistance as he may from time to time think it necessary or expedient to obtain, or as he may be desired by the trust to obtain, for any of the ..... two leases were entered into between basheshar nath and the delhi improvement trust, one dated 21-8-1940, and the other dated 5-9-1941. ..... reference in this connection was made to the various sections of the united provinces town improvement act, 1919, as extended to delhi. ..... ' on behalf of the delhi improvement trust the leases were signed by the chairman and on behalf of the lessee by basheshar nath.3. ..... in both cases the land demised was vacant land which was owned by government but was under the management of the delhi improvement trust. .....

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Nov 20 1957 (HC)

Hari Krishan Khosla Vs. State of Pepsu

Court : Punjab and Haryana

Reported in : AIR1958P& H490

..... great deal of stress has been laid on the reasoning adopted by chief justice beaumont in the bombay case to the effect that the period prescribed by the proviso to sub-section (2) of section 18 of the land acquisition act was a condition for the exercise of jurisdiction and it was open to the court to see if the collector had in exercising jurisdiction satisfied all the conditions laid for the exercise of his jurisdiction. mr ..... bom 275 (b) and the decision of the lahore chief court in air 1914 lah 394(a). it was taken for granted that the question of limitation was one of the conditions prescribed by section 18 of the land acquisition act to which the power of the collector to make the reference was subject and those conditions must be fulfilled before the court could have jurisdiction to entertain the reference ..... various authorities mentioned before, i am of the opinion that the view expressed by the allahabad high court in ilr 52 all 96 : (air 1929 all 769) (e) was correct and it must be followed.if any analogy from another act can be drawn in considering this question, it would be useful to-refer to the provisions of section 66 of the indian income-tax act, and to see the scope of the jurisdiction of the high court when a reference is made by the appellate tribunal ..... improvement trust, lucknow, air 1924 oudh 127 (k) that the land acquisition officer in that case never intended to waive the question of limitation and if a demand for a reference by a written application had not been made .....

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Apr 07 1958 (HC)

Jaswant Rai Beri and ors. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : AIR1958P& H425

..... and fixes minimum wages of each category, the validity of this notification is challenged on the grounds (1) that it contravenes the provisions of section 4 of the act, (2) that the minimum rates were fixed without considering the paying capacity of small presses, and (3) that the government bad no power to enhance the rates suggested by the advisory ..... then argued on behalf of the petitioners that the advisory committee was not properly constituted, because (1) proper persons to represent the categories mentioned in section 9 of the act were not appointed, (2) two of the employers' representatives never attended the meetings of the committee, and as under rule 9 they had ceased to be ..... the relevant portion of the notification constituting the committee reads-'in exercise of the powers conferred by clause (a) of sub-section (1) of section 5 of the minimum wages act, 1948 (central act xi of 1948), the governor of punjab is pleased to appoint the following persons to form a committee to hold inquiries and advise the government in fixing minimum ..... the minimum wages fixed by the government, then they should either improve the organisation of their businesses so as to be able ..... act reads-'in fixing rate of wages in respect of working journalists, the board shall have regard to the cost of living, the prevalent rates of wages for comparable employments, the circumstances relating to the newspaper industry in different regions of the country, and to any other circumstances which to the .....

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