Court : Punjab and Haryana
Reported in : AIR2003P& H327
..... vide order dated january 22, 2003, the director pgi, chandigarh was requested to constitute a medical board of experts to examine the appellant-wife with regard to her alleged mental disorder/disease. ..... averments, the husband has approached this court on the ground that living with the wife was dangerous to his life and the acts of the wife amount to such cruelty as per which he was entitled to seek divorce also. 14. ..... he filed a petition on may 4, 1999, under section 12 of the hindu marriage act (hereinafter referred to as the 'act') for declaring the marriage between the parties as null and void. ..... , there was no improvement in her habits. ..... it is apparent that the plea raised by the respondent-husband (cross-objector) to get the marriage annulled under section 12 of the act is merely an after -thought with a view to seek annulment of the marriage. ..... the wife devi sharma was examined by the medical board on february 28, 2003 and again on march 4, ..... the perusal of the aforesaid record itself shows that on november 29, 1999, when the patient had visited the doctor then her condition was found as improved. 28. ..... subsequently examined on november 22, 1999 and was stated to have shown some improvement. ..... that in fact the father of the wife had been requesting the husband and his family members not to harass her for not bringing sufficient dowry but the things did not improve. ..... whether saptapadi was not performed as per hindu marriage act/custom and the marriage between the parties to the petition .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2004P& H59
..... held that claim for adverse possession was not made out as time under article 112 of the schedule to the limitation act for the state government was 30 years from the date of commencement of adverse possession which was not prima facie made out ..... programmes undertaken for the development of slum areas namely environmental improvement of urban slums and national slum development programme. ..... plj 48, wherein it was held that possession of public property by individuals or group of individuals will not create any right and court has to act as guardian of public property and should not pass order of injunction in favour of unauthorised encroacher.6. ..... framed a scheme for construction of 976 dwelling units for faridabad town which is under consideration for approval of hubco/government of india.the state government has also constituted a slum clearance board for undertaking the development or redevelopment of slum areas. ..... is that though it has adopted some of the schemes for re-settling enproachers and for development of slum areas, encroachment from municipal land is legally justified under section 131 of the haryana municipal act, 1973 and sections 408/261 of the haryana municipal corporation act, 1994.14. ..... health care, adult literacy and non-formal education facilities etc.the encroachments from municipal land are removed by following due process of law, under section 181 of the haryana municipal act, 1973 and under sections 408 and 261 of the haryana municipal corporation act, 1994. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)135PLR871
..... section 25(2) has come up for consideration in city improvement trust board's case (supra). ..... the said argument of the learned counsel for the appellant, the learned state counsel submitted that the respondents have failed to file claim in pursuance of the notice issued under section 9 of the act and it has been so found by the learned trial court. ..... vide notification dated 2.11.1978, under section 4 of the act, land measuring 51 acres 5 kanals 10 marias was acquired for a ..... 83 to hold that before the bar under section 25(1) of the act is resorted to it must be proved to the satisfaction of the court that the applicant had made no claim for compensation after a valid notice under section 9 of the act has been given to him. ..... appellant is proved to be present before the land acquisition collector, the claim can be said to be filed orally as there is nothing in the provisions of the act which may warrant a fifing of claim in writing. ..... with the amount of compensation sought reference under section 18 of the act for determination of the market value. ..... findings recorded by the learned additional district judge holding that the claimant is barred to file claim in terms of sections 25 of the unmended land acquisition act is not sustainable in law. ..... proof of filing of the claim application, the appellant is debarred from claiming amount in excess of the amount awarded by the land acquisition collector.the provisions of section 25 of the act as it existed prior to its substitution vide act no. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)138PLR189
..... land acquisition officer, city improvement trust board, bangalore, a.i.r. ..... brief facts of the case necessary for disposal of the instant appeals are that notification under section 4 of the act was issued expressing the intention of the respondent-state to acquire land measuring 69 kanals situated at village ratgal for the construction of a bus stand at ..... the sale instance exhibit a-14 which is about four months prior to the notification issued under section 4 of the act would be the best guide and it is so despite the fact that the acquired land was declared as controlled ..... the claimant-appellants have filed the instant appeals under section 54 of the land acquisition act, 1894 (for brevity, 'the act') challenging the order dated 29.11.1985 passed by the additional district judge, kurukshetra and seeking further enhancement in respect of the acquired land, the structures and other items. ..... in order toappreciate the prevalent price of the acquired land at the time of issuance of notificationunder section 4 of the act, it would be appropriate to refer to the sale instances onwhich reliance has been made by the claimant-appellants and the same are reproducedas ..... the prices of the land in village ratgal and devidaspura were frozen since 1969 on account of the fact that a notification under the punjab schedule roads and controlled areas (restriction of unregulated development) act, 1963 (for brevity, '1963 act') issued on 4.2.1969 had declared the area in these villages as controlled area. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(2005)BC251; (2004)138PLR110
..... view of the above discussions, we allow the writ petition and the order dated 4.10.2002 (annexure p-8) where by the appeal of the petitioner has been dismissed, is quashed and the matter is remanded back to the board of directors for passing a fresh order, in accordance with law, after giving adequate opportunity of hearing to the petitioner. ..... learned counsel has further submitted that the board of directors has the necessary power of delegation under section 43-a of the state financial corporations act, 1951 (hereinafter referred to as 'the corporation act') it was in the exercise of these powers that the sub committee was ..... director, food and supplies department had authorised respective controllers to constitute a selection committee comprising of three members one of them would be the controller himself who would act as the chairman of the committee and who would also nominate two other officers of the selection committee. ..... are of the considered opinion that the approach adopted by the respondent-board is erroneous, section 43-a of the corporations act provides as under;-'43-a, delegation of powers:- the board may, by general or special order, delegate to the managing director or to any other officer of the financial corporation [or to any committee appointed under section 21], subject to such conditions and limitations, if any, as may be specified in the order such of its powers and duties under this act as it may deem necessary.]' 11. ..... improvement trust, ludhiana and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005]124CompCas201(P& H); (2004)4CompLJ288(P& H); [2004]55SCL165(Punj& Har)
..... to hear appeals from the orders or decisions of the adjudicating officer;(e) issue regulations without the approval of the central government;(f) allow directors of companies to be appointed as members of the board so that the board benefits from the expertise of people familiar with the capital market;(g) facilitate the issuance and trading of options in securities;(h) allow the existing stock exchanges to establish additional trading floors outside ..... that the activities which were earlier being carried on by the pgfl, (before aggressive regulation aimed at consumer protection were introduced through the legislation), would have been subject to scrutiny/regulation, by the board; the introduction of the activity of sale and purchase of agricultural land, and/or sale and development of agricultural land, at the hands of the pgfl, as its sole activity, was only to ..... swaika properties [1985] 3 scc 217, wherein the apex court held, that mere service of notice under section 52(2) of the rajasthan urban improvement act, 1959, on the owner at calcutta, in respect of land situated in the state of rajasthan, intimating the owners/respondents of the state government's proposal to acquire land for public ..... act, impinges and interferes with the activity of 'transfer and alienation of agricultural land', and 'land improvement', by subjecting the activities of the pgfl to control by the ..... . amendment) act, 1976, by which the legislative assembly of uttar pradesh had deleted section 438 of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)146PLR350
..... in the appeal objection was taken with regard to the maintainability of the appeal in the absence of authorisation by the improvement trust and the learned appellate court by placing reliance on the judgment of this court in punjab wakf board, ambala cantt. v. ..... however, as the petitioner herein failed to pay the decretal amount, property of the improvement trust was attached on 15.6.1992 and the sale warrants were issued. ..... in the application, it was claimed that official of the improvement trust was present in the court when the case was called and he went to call his counsel who was busy in another ..... crores as the objections were dismissed in default and therefore, the notice of the sale made in the area by the improvement trust should be taken to be an index of the prices. ..... land of nasib singh was acquired by the improvement trust in the year 1972 and as compensation paid was not adequate an application was filed by said nasib singh for the enhancement of the ..... the petitioner improvement trust failed to pay the enhanced compensation awarded by the tribunal resulting in filing of execution application for claiming an amount of ..... the learned appellate court also rejected the contention regarding lack of jurisdiction of the executing court by placing reliance on the provisions of section 65(3) of the punjab town improvement act, 1992. ..... (1976) 78 p.l.r ..... tribunal vide award dated 23.4.1986 enhanced the compensation under section 18 of the land acquisition act, 1894 (for short the act). .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR832
..... housing board act, 1971, where under the hire purchase scheme was launched, defines the 'local authority' as under:2(j) 'local authority' means a municipality constituted under the punjab municipal act, 1911 (punjab act 3 of 1911), or a gram panchayat constituted under the punjab gram panchayat act, 1952 (punjab act 4 of 1953), or a panchayat samiti or a zila parishad constituted under the punjab panchayat samities and zila parishads act, 1961 (punjab act 3 of 1961), or an improvement trust constituted under the punjab town improvement act ..... , 1922 (punjab act 4 of 1922). ..... ostensibly, the scheme was floated and the agreements were entered into under the provisions of the haryana housing board act, 1971 (for short 'the 1971 act') and the rules and regulations framed thereunder. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2007]294ITR563(P& H)
..... better marketing of agricultural produce ; (ii) marketing of agricultural produce on co-operative lines ; (iii) collection and dissemination of market rates and news ; (iv) grading and standardisation of agricultural produce ; (v) general improvements in the markets or their respective notified market areas;(vi) maintenance of the office of the board and construction and repair of its office buildings, rest-house and staff quarters ;(vii) giving aid to financially weak committees in the shape of loans and grants ;(viia) repayment ..... rana caste association's case : [1971]82itr704(sc) and the conclusions drawn in paragraph 26 above, we have no hesitation in concluding, that the activities of the market committee, under reference, specially in view of the provisions of the markets act, statutorily delineating the activities, duties and responsibilities of a market committee, are certainly activities which fall within the framework of the words '...any other object of general public utility', contained in the definition of the term ..... it would again be open to the petitioner to independently determine whether the market committee, had utilised the income for which it seeks exemption, for a charitable purpose, in terms of the mandate of section 11 of the income tax act, and only such income, which is so utilised, to the satisfaction of the income-tax authorities, would not be included, in the total income of the market committee, for the assessment year, under reference for levy of tax .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)12VST149(P& H)
..... with respect to the priority to be given to the several duties of the committee, the municipal fund shall be applicable to the payment in whole or in part, of the charges and expenses incidental to the following matters:(a) the construction, maintenance, improvement, cleansing and repair of all public streets, bridges, town-walls, town-gates, embankments, drains, privies, latrines, urinals, tanks and water-courses and the preparation of compost manure;(b) the watering and lighting of such ..... 'local area' means an area within the limits of a municipal corporation established under the haryana municipal corporations act, 1994 (haryana act 16 of 1994), or a municipality established under the haryana municipal act, 1973 (haryana act 24 of 1973), or a town board or a cantonment board established under the cantonment act, 1924 (central act 2 of 1924), or a zila parishad established under the haryana panchayati raj act, 1994 (haryana act no. ..... of sales tax [1994] 93 stc 589 (mp), a division bench of the madhya pradesh high court considered the constitutionality of the madhya pradesh entry tax act, 1976. ..... the document shows that during the period 1976-77 till 1988-89, provision was made in the budget to compensate the municipalities and the amount budgeted was made ..... sthaniya kshetra me mal ke pravesh par kar adhiniyam, 1976, and rejected the challenge based on the ground that those who were not liable to pay sales tax were exempted and that it was violative of article 301 of the .....
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