Court : Punjab and Haryana
Reported in : (1998)118PLR67
g.s. singhvi, j.1. the only and the all important question which requires adjudication in these appeals is whether an agreement arrived at between a group of persons and the chief minister of a state can be enforced by issuance of a writ under article 226 of the constitution of india.2. shortly stated, the facts necessary for deciding the above mentioned question are that in the year 1982 the government of punjab acquired land falling in different districts including district ropar for construction of syl canal project (punjab). the land belonging to the appellants is covered by that acquisition. after the passing of award by the land acquisition collector, the possession of the land was taken by the respondents. the appellants filed reference applications under section 18 of the land acquisition act, 1894 (for short, 'the act'). while deciding such applications, the district judge, ropar enhanced the amount of compensation. feeling dis-satisfied with the enhancement ordered by the district judge, the appellants or atleast some of them filed regular first appeals, which were pending on the date of the filing of the writ petitions under article 226 of the constitution.3. even though their appeals for further enhancement of the compensation were pending before the learned single judge, the appellants filed writ petitions for directing the respondents to implement the alleged settlement arrived at between the state government and action committee of satluj yamuna link canal on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2005P& H276; (2005)141PLR392
..... learned counsel for the petitioner has emphatically placed reliance upon a division bench judgment of madras high court rendered in the case of madurai (supra), copy of which has been appended as annexure p-2/a. ..... in this regard i am in respectful agreement with the division bench judgment of madras high court, copy whereof has been appended as annexure p-2/a. ..... in this regard, a reference had also been made to a division bench judgment of madras high court rendered in madurai v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H1
..... british india corporation ilr (1970) 2 punj and har 127 after some discussion of the earlier judgment and principle concluded as follows :-'the latest judgment of the madras high court taking the same view is of varadachariar and pandrang row, jj. ..... , jullunder, air 1927 lah 884 dissented from the bombay view in achut ramchandra pai's case (air 1914 bom 249)(supra) and clearly expressed his preference for the view taken by the madras high court and other high courts following the same. ..... the referring order it was noticed in categoric terms that the view of the lahore high court as also of the allahabad and madras high courts was to the contrary. ..... hearing the learned counsel for the parties at length and after careful consideration of the matter we are inclined to agree with the view taken by the division bench of the madras high court in sithramayya's case (supra). ..... thereafter the stream of precedents in the madras high court remained consistent though it was only in a later division bench judgment in sitharamayya ..... the learned judges of the madras high court also after considering a large number of previous cases came to the conclusion that the provisions of order 7, rule 11(c) of the code of civil procedure do not apply to appeals and that the appellate court is entitled ..... line with the conflict above noticed, judicial opinion in other high courts has thereafter ranged itself in two distinct and different channels (agreeing either with the bombay or the madras view)-one holding that o. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1980P& H1
prem chand jain, j.1. the punjab courts (haryana amendment) act, 1977 (act no. 20 of 1977) and the punjab courts (haryana amendment) act, 1978 (act no. 24 of 1978) were passed by the haryana state legislature. by act no. 20 of 1977, the jurisdictional value of an appeal to the court of district m judge from a decree or order of a subordinate judge was raised to rs. 20,000/-, while by act no. 24 of 1978 it was provided that an appeal from a decree or order of a subordinate judge shall lie to the district judge, irrespective of the value of the original suit. under act no. 24 of 1978, an amendment was also made in s. 41 in order to bring the provisions of that section in conformity with the provisions of s. 100 of the code of civil procedure. the effect of the amendment in s. 39 under act no. 24 of 1978 is that all r.f. as pending in this court shall stand transferred to the court of the district judge.2. r.f.a. no. 359 of 1971 (rajinder sineh etc. v. kartar singh etc.) and r.f.a. no. 67 of 1974 (panjab electrical and general industries (pvt.) ltd. v. the state bank of india) were pending decision in this court. in view of the amendment made by virtue of act no. 24 of 1978, both these appeals were to be transferred to the district judge for disposal. two applications under s. 151 of the code of civil procedure have been filed in the two appeals respectively, calling in question the vires of the aforesaid two amendment acts. these applications came up for hearing before a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR238
..... academy at village karoran vide its application dated may 11, 1996 (ex.d2) upto 10+2 standard which was duly considered and rejected (ex.dl); these facts, however, were concealed in the present suit;(iii) the area in dispute is a 'controlled area' as declared vide government notifications dated february 27, 1953 issued under the act, therefore, the land cannot be used for the purpose other than the purpose for which it was being used ..... question and as a necessary corollary thereof, no erection or re-erection of any building could take place without prior permission of the competent authority in writing (please see section 5) nor any land within the 'controlled area' can be used for purposes other than those for which it was used on the date of notification under section 3 of the 1952 act, particularly such land cannot be used for the purposes of ..... president of india, in exercise of the powers conferred by section 4 of the said act, is pleased to prohibit the following acts for a period of 15 years with effect from the date of this notification in those areas:-(1) the clearing or breaking or cultivation of malkiyat land not ordinarily under cultivation prior to the publication of this notification, provided that the breaking up of the land for cultivation may be permitted by the divisional forest ..... referred to full bench decision of the madras high court in case of rimmalapudi subba ..... of ..... of ..... . 1951 madras 969 where it was held that ' a substantial question of law need not ..... .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H59
..... the lands, which lie within the developed part of a town, cannot be described as arable, but those which are situate beyond this area and are fit for cultivation would be considered as 'arable'. ..... this question came up for consideration before a bench of the madras high court consisting of rajamannar, c.j. ..... , and so far as lands in the urban area are concerned, the expression 'waste lands' may possibly be used with reference to pieces of land which are desolate, abandoned and not fit ordinarily for any use as building sites, etc. ..... state of madras, air 1954 mad 481, where it was held that whether an urgency existed or not was a matter solely for the determination of the government and it was not a matter for judicial review. ..... it cannot, however, be said that no part of land in an urban area can be termed as 'arable'. ..... in urban areas, the waste lands are usually those which are not being put to . ..... in rural areas, it will mean those lands which are unfit for cultivation on account of a number of reasons, as for example, they being marshy, stony etc. ..... 'waste lands' may be situated either in a rural or an urban area. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)117PLR474
..... :'2(q) 'vacant land' means land, not being land mainly used for the purpose of agriculture, in an urban agglomeration, but does not include -(i) land on which construction of a building regulations in force in the area in which such land is situated;(ii) in an area where there are building regulations, the land occupied by any building which has been constructed before, or is being constructed on, the appointed day with the approval of the appropriate authority and the ..... land appurtenant to such building; and(iii) in an area where there are no building regulations, the land occupied by any building which has been constructed before or is being constructed on, the appointed day and the land appurtenant to such building:provided that where any ..... building regulations, the minimum extent of land required under such regulations to be kept as open space for the enjoyment of such building, which in no case shall exceed five hundred square metres; or(ii) in an area where there are no building regulations, an extent of five hundred square metres contiguous to the land occupied by such building, and includes, in the case of any building constructed before the appointed day with a dwelling ..... where, however, there is a building and a dwelling unit then the area beneath the building and the dwelling unit would have to be excluded while .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)140CTR(P& H)212; [1997]227ITR873(P& H)
..... section 14(4a) of the andhra pradesh general sales tax act did not apply to the case and that, as the assessment year 1956-57 ended before the andhra pradesh act, 1957, came into force, it was the madras act of 1939, which was applicable and consequently the notice of reassessment issued on february 24, 1961, and the order of reassessment dated march 31, 1963, were barred by time under rule 17 ..... . during the assessment year 1956-57, it was the madras general sales tax act, 1939, that was in force and under rule 17 of the madras general sales tax rules 1939, the assessing authority could have reopened the assessment only within three years next succeeding the assessment year ..... . on june 15, 1957, the andhra pradesh general sales tax act, 1957, came into force and it repealed the madras act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR350; [2005]60SCL38(Punj& Har)
amar dutt, j.1. this judgment will dispose of c.w.p. nos. 9395, 11155, 11774, 12032, 12123, 12157, 12451, 12508, 12558, 12571,12572, 12590, 12654, 12661, 12699, 12739, 12771, 12773, 12824, 12943, 12947, 13156, 13218, 13744, 13926, 13996, 14014, 14033, 14220, 14701, 14730, 14779, 14797, 15016, 15104, 15125, 15337, 15338, 15507, 15532 and 15563 of 2004, as common questions of law arid fact arise in these writ petitions to challenge the view which is being taken by the registrar, debts recovery tribunal (hereinafter referred to as 'the tribunal') on objection applications filed by them by which the petitioners have been required to affix court fee on their applications as per the provisions of rule 7 of the debts recovery tribunal (procedure) rules, 1993 (hereinafter referred to as 'the 1993 rules').2. the facts necessary for the decision of the points of law have been taken from c.w.p. no. 9395 of 2004. the necessity of filing these petitions arose when after the decision in mardia chemicals ltd. and ors. v. union of india and ors., (2004-3)138 p.l.r. 271 (s.c.) : (2004)4 s.c.c. 311, the 'secured creditor' as defined under section 2(zd) of the securitisation and reconstruction of financial assets ,and enforcement of security interest act, 2002 (hereinafter referred to as 'the 2002 act') started issuing notices under sub section (2) of section 13 of the 2002 act calling upon the borrowers to discharge their liability and intimating them that in the event of their failure to do .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H179
d. falshaw, c.j.1. these are two appeals filed under section 39 of the arbitration act which have been referred to a larger bench by narula j.2. the manner in which they have arisen is as follows. the parties are related as shown in the following pedigree table:gobing ram----------------------------------------| |sadhu ram ude ram(deft. no. 1) (plaintiff)------------------------------------------------------| | | moti ram sumat parshad jai kumar-(deft. no. 4) (deft. no. 2) (deft. no. 3)=satya devi (wife)deft. no. 5)on the 30th of june 1962 ude ram filed a suit for a declaration that the joint hindu family comprising the parties had disrupted and claiming a hair share by partition of the joint properties listed in a schedule attached to the plaint and for rendition of accounts regarding the income from the properties, or in the alternative for dissolution of certain alleged partnership firms which the plaintiff alleged had been formed only to evade income tax and in which he claimed a half share.on the first date of hearing the defendants, on the basis of an arbitration agreement contained in the partnership deed under which the firms above referred to came into existence, filed separate applications under section 34 of the arbitration act for stay of the suit and on the 7th of september 1962 the court passed an order staying proceedings in that part of the suit which referred to the dissolution of the partnerships and rendition of accounts of those firms, but the plaintiff at .....
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