Court : Punjab and Haryana
Reported in : (2000)124PLR782
..... the facts of the case are that plaintiff firm carries on business in doraha notified market area within the jurisdiction of the defendant-committee and has licence for the sale and purchase of agricultural produce and other merchandise. ..... in the case reported in this authority section 18 of the madras general state tax act was pleaded as a bar of limitation to a suit filed after 6 months. ..... the provincial government of madras then filed the appeals before their lordships of the supreme court. ..... all these suits were contested by the madras state government. ..... section 18 of madras general sales tax act has been interpreted / by their lordships in the above mentioned authority and it has been held that it does not apply to the refund of taxes, which are illegally recovered.13. ..... section 18 of madras general sales tax act also prescribed limitation of 6 months for suits in respect of any act done or purporting to be done under the said act. ..... relying upon, the provincial government of madras v. j.s. ..... state of madras, a.i.r. ..... he claimed that the remaining sales took place outside the province of madras. ..... the provincial government of madras v. j.s. ..... 1.50 per hundred rupees on the purchase of the agricultural produce within the market area. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR617
g.r. majithia, j.1. this judgment disposes of cwp no. 13046, 12732, 12538 and 12819 of 1993.2. a challenge has been made to the guidelines issued by the punjab national bank providing for transfer of the employees of the new bank of india and also to the orders passed pursuant to the guidelines transferring the petitioners, in these petitions under articles 226/227 of the constitution of india.3. in exercise of the powers conferred by section 9 of the banking companies (acquisition and transfer of undertakings) act, 1980 (40 of 1980), the central government after consultation with the reserve bank of india, framed a scheme called the new bank of india (amalgamation and transfer of undertaking) scheme, 1993 (hereinafter referred as the scheme). on the commencement of the scheme, the undertakings of the new bank of india were transferred to the punjab national bank (hereinafter to be referred to as the 'transferee bank'). para 5 (2) of the scheme envisages that every officer or other employee of the new bank of india (hereinafter the transferor bank) shall become, on the commencement of this scheme an officer or other employee, as the case may be, of the transferee bank and shall hold his office or service in that bank on the same terms and conditions and with the same rights and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him under the transferor bank. para 5 of the scheme reads thus:-'5. dissolution of the board .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)151PLR331
..... pepsu law, which has not so far vested in the state government, shall be deemed to have vested in the state government with effect from the appointed day and the area which may be so declared under the punjab law or the pepsu law after the appointed day shall be deemed to have vested in the state government with effect from the date ..... court shall have jurisdiction to -(a) entertain or proceed with a suit for specific performance of a contract for transfer of land which affects the right of the state government to the surplus area under this act; or(b) settle, decide or deal with any matter which is under this act required to be settled, decided or dealt with by the financial commissioner, the commissioner, the ..... a tenant under the pepsu law or the punjab law or by an heir by inheritance, no transfer (or disposition) of land in excess of -(a) the permissible area under the pepsu law or the punjab law after the 20th day of july, 1958; and(b) the permissible area under this act, except a bonafide transfer, (or disposition) after the appointed day.shall affect the right of the state government under the aforesaid acts ..... to the surplus area to which it would be entitled but for such transfer (or disposition):provided that any person who has received an advantage under such transfer (or disposition) of land shall be bound to restore it, or .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1990)97PLR390
..... veerarajan's case (supra), the supreme court directed in appeal against the judgment of the madras high court to the state government to make a reference as the grounds given by the state government were not germane. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)120PLR266
..... .however, it is logical that the rates of sand and coarse aggregates had suddenly shot up in view of the fact that the quantities of these materials were required in lacs of cubic meters and the existing resources in the area could not meet with the requirements of the project. ..... this proposition of law has been settled in trustees of the port of madras v. ..... the contractor has installed the weep holes except hic pipe in an area of 5380.86 sqm. ..... in a total area of 10956 sqm. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1990)97PLR541
d.v. sehgal, j.1. the judgment shall dispose of civil revision nso. 1743 and 1906 of 1988 which are directed against two similar orders passed by the learned rent controller on 18-7-1988 in two separate applications for ejectment filed by smt. surjit kaur, landlord respondent against the petitioner. through the impugned orders applications under section 10 of the code of civil procedure (for short the 0ode) filed by the petitioner for staying the proceedings in the ejectment applications have been dismissed.2. the petitioner was a tenant and is still claimed to be a tenant by the respondent under the latter in house no. 3055, sector 22-d, chandigarh. the respondent filed an application for the ejectment of the petitioner from the said house by filing an application under section 13 of the east punjab urban rent restriction act, 1949 (for short the act) as applicable to the union territory of chandigarh on the ground that the petitioner had failed to pay or tender rent for the period 112-1983 to 30 4 1985. she filed a second application for ejectment of the petitioner on the ground of non-payment of rent for the period 112-1983 to 30-9-1985. then a third application for ejectment was filed by her against the petitioner on the ground of non payment of rent for the period 1-12-1983 to 31-7-1986. it is not in dispute that out of these ejectment applications two were pending in the court of shri amarjit singh katari, the then rent controller, caandigarh and are now pending in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)104PLR552
..... keeping in view the judicial pronouncements of hon'ble supreme court, we are unable to accepts the arguments of the learned counsel for the petitioners that the planned development of urban area would be a sovereign functions, particularly when the object of the corporation as reproduced above is the sale of plots or flats after development to the people at large and carry out building activities, engineering activities, mining activities ..... been farther empowered to evict persons from its property the act empowers the authority to transfer its responsibility for amenities to its colonies or other developed areas to the local authorities discharging municipal functions on the terms and conditions agreed upon between the local authorities and haryana urban development authority.7. ..... which emerges from reading the object of the constitution or the establishment of the haryana urban development authority is to promote and secure development of urban area, acquire properties, manage and plan it, dispose it of, carry out the building 'work, engineering work, mining work, and other connected operations. ..... -the objects of the authority shall be to promote and secure the development of all or any of the areas comprised in an urban area and for that purpose the authority shall have the power to acquire by way of purchase, transfer, exchange or gift, held, manage, plan, develop and mortgage or otherwise dispose of land and other property, to carry on by ..... 1080, madras gymkhana club employees' .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)119PLR39
..... 1950 madras 272) that a suit filed by the vendee for specific performance of the contract of sale and for the recovery of possession is maintainable by the indian court in whose jurisdiction the property is situated, no matter where such a contract is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)155PLR718
k. kannan, j.1. the revision is a hopeless attempt to challenge the orders which are innocuous and which have no bearing on the merits of the case. the orders impugned were orders of adjournment, which according to the plaintiff, ought not to have been granted because the case was adjourned for production of evidence of the side of third defendant, recorded the statements of the third defendant that he would conclude his evidence, if he was not able to produce such evidence at the next hearing. the court below still adjourned the case in spite of earlier statement, by imposing costs on the subsequent two hearings, rs. 250/- on 8.3.2004 and rs. 1,000/- on 31.3.2004.2. learned counsel for the petitioner objects to these orders on three grounds, namely, the trial court ought not to have granted an opportunity especially after the third defendant bound himself to produce his entire evidence by his statement on 7.1.2004 but which he did not produce on 8.3.2004 as undertaken by him. the grant of time by the court below according to him was therefore not justified. his second objection was that after the amended provisions of the civil procedure code, all the documents that a party relies upon ought to have been produced along with the statement and the application filed for leading secondary evidence was not maintainable. both these objections cannot be taken up in revision especially in a jurisdiction that is supervisory to correct only brazen errors or jurisdictional issues that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2006P& H29; (2006)142PLR358
..... in the area of service matter a suit for declaration that an employee continued to be in service with consequential relief of reinstatement and arrears of salary would be maintainable. ..... reduction in area from 4000 metre to 2000 metre would not reduce the costs of the project to 1/4th. .....
Tag this Judgment!