Court : Punjab and Haryana
Reported in : (1990)97PLR662
..... also be entitled to 30% solatium over and above the said compensation, besides allowing an amount equal to 12% per annum over and above the compensation from the date of notification under section 4 of the act till the date of the pronouncement of the award by the land acquisition collector or taking of the possession of the land, whichever is earlier the claimants shall also be entitled to 9% per annum interest on the said compensation for the first year from the date of delivery of possession ..... the state government had not resorted to the pro- visions of section 11 of the urban land ceiling act for the acquisition and in determining the compensation of the land also shows that in practice also the agricultural land is sot being treated as urban land or vacant land as defined in the act, under these circumstances, it cannot be said that the future potential of the acquired land has been frozen for agricultural purposes only and that it cannot be sold to other ..... , it was elicited from this drafts it an that he has prepared the site-plan at the instance of balbir raj sondhi one of the appellants and that village reru falls at a distance of about half a furlong from the northern boundary of industrial focal point. ..... 113 of 1978 (union of india v. ..... the appellants were allowed to produce certified copy (exhibit aai) of the award of shri b s teji, learned additional district judge, julludur, in m/s steel products (india) v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1989P& H100
..... even if the authorities have to sustain their action under section 36 of the act, read with rule 21 of the northern india canal & drainage rules, 1878 (for short, the rules), they must associate the petitioners in ..... (2) all questions, including questions pending for disposal on the commencement of the northern india canal and drainage (punjab) amendment act, 1965, under section 33 or section 34 shall be decided by the collector,(3) an appeal shall lie to the commissioner against the decision of the collector under sub-section (2) within a period of thirty days from the ..... issued a notification under section 5 of the northern india canal & drainage act, 1873 (hereinafter called the act) on 17th may ..... of part ii of the act have been applied to me natural collection of water or to the natural drainage channel, the work falls within the definition of clause (d) of section 3(1) of the act and is a 'canal' for the purposes of the act for irrigation purposes.7. ..... the recovery of water charges (abiana) for utilisation of the rain water is alleged to be without any legal sanctioa the notification issued under section 5 of the act does not specify the requirement of the statute and is bad ..... the respondents is being impugned in all the writ petitions primarily on the ground that overflow of rain water from the bandh which enters the field of the petitioners cannot be made the basis for charging tax as the bandh or the channel in question is not a 'canal' within the meaning of section 3 of the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H94
..... another relevant clause in the deed was that in case of redemption if the mortgagee could not deliver the actual physical possession of the northern portion of shop no.426, then he would be deemed to be a tenant in that shop on payment of a rent of rupees 16/- per mensem and the mortgagor's debt would be deemed to be ..... of the same report as follows:--'it seems to me to be contrary to principle that a mortgagee should stipulate with his mortgagor that after full payment of principal, interest and costs he should continue to receive for a definite or an indefinite period a share of the rents and profits of the mortgagee property as the result of an obligation arising from the contract made when the mortgage was created.'9. ..... been defined in section 105 of the transfer of property act it will not be safe to rely on that definition for the aforementioned reasons in spite of the fact that general principles of that act are applicable in the ..... that it would not be redeemed before the expiry of 85 years and in case it was not redeemed within a period of six months, thereafter, the mortgagor or his legal representatives would have no claim over the mortgaged property after the expiry of the stipulated period. ..... he is entitled to any compensation thereof and, if so, to ..... the law in india regarding the redemption in analogous to the one in england and the principles which have been enunciated by the courts in ..... continue in possession as a permanent tenant has been held to be invalid in india. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H459
..... impugned authoritarian act of the respondent minister was absolutely without the authority of the saw as he could neither bypass nor nullify the provisions of section 68 of the northern india canal and drainage act. ..... least repulsive form, hut illegitimate and unconstitutional practices get their first footing in that way, namely, but silent approaches and slight deviations from legal modes of procedureit is the duty of courts to be watchful for the constitutional rights of the citizens, and against any stealthy encroachment thereon. ..... cannot help remarking that sending of a telegram, in the circumstances, was an act of transgression on the part of the minister for which he had no justification or excuse. ..... ought to be so more exigent in securing obedience for the taw than in conniving at their circumvention. ..... therein, it was observed:-- 'the learned counsel for the petitioners has adverted to the conduct of the minister and others in improperly interfering with a judicial, or at least a quasi-judicial order with a view to circumvent the order of ejectment, which had been legally passed ..... minister in a government should conduct himself as a custodian of the law, rather than to behave, as he was a law unto himself, and his telegraphic command could be a substitute for an order on appeal or revision by a duly constituted authority. ..... petitioners submitted that order of the deputy collector became operative on 16th of april, 1967, and was implemented for three days till 19th of april, 1967. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H125
..... therefore, the contention of the learned counsel for the petitioners, that the acquisition of land was invalid because no scheme for construction of the drain had been prepared under the northern india canal and drainage act before taking steps to acquire the same, has no merit and the same is ..... width of theland was 33 feet out of which 11 feet only would be consumed by the drain, that the drain was being dug for public purpose as it would save about 150 acres of land and crops standing thereon from inundation during rainy season, and that notification under section 4 of the act was duly published in the gazette on january 23, 1973, and public notice of the substance of that notification was given in village-chitana ..... observed that giving of public notice in the locality after expiry of 30 days from the date of publication of the notification in the gazette constituted contravention of section 4(1) of the act, and that the said violation was considered so grave that it had prejudiced the entire acquisition proceedings and the same were annulled on that account. ..... -section (3) lays down that a person shall be deemed to be interested in land if he would be entitled to claim an interest in compensation. ..... that the petitioners were entitled to claim an interest in compensation, though they may not be entitled to compensation. ..... pertinent to note that the said person may not be entitled to claim compensation of the land. ..... sufficient if he is entitled to claim an interest in such compensation. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2000]100CompCas638(P& H); (2000)124PLR303
..... that the summary procedure prescribed by section 3 of the 1979 act for recovery of the dues of the corporation is arbitrary, discriminatory and violative of article 14 of the constitution of india appears to be based on the decision of the supreme court in northern india caterers (private) ltd. v ..... there is then section 31 of the act which enacts a special provision for enforcement of claims by financial corporation by applying to the district judge within the limits of whose jurisdiction the industrial concern carries on its business for an order for the sale of property ..... shall, subject to the other provisions contained in this act, apply accordingly, but no such managing agent shall be removed from office except with the previous consent of the financial corporation; (d) the directors or the administrators appointed under section 32a shall take such steps as may be necessary to take into their custody or under their control all the property, effects and actionable claims to which the industrial concern is, or appears to ..... be entitled, and all the property and effects of the industrial concern shall be deemed to be in the custody of the directors or administrators as the case may be, as from the date of the notified order; (e) the directors appointed under section 32a shall, for all purposes, be the directors of the industrial concern duly constituted .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)114PLR584
..... under section 36 of the punjab town improvement act was published on 30.9.1974, award was announced on 3.8.1976 and even possession of the same was taken on 17.7.1979 and so the suit is liable to be dismissed; thirdly, that the plaintiff has no locus standi to file the present suit; fourthly, suit is not maintainable in the present form as the plaintiff is impliedly seeking relief for possession of a plot and so a suit for bare declaration is not maintainable; and lastly, claim was ..... besides it, the plaintiff had already received the compensation in respect of the property acquired without raising any objection/protest ..... categories are to be offered plots at the reserved price before the remaining are released for sale to the general public:-'(i) local displaced person;(ii) claimants of allotable acquired evacuee properties;(iii) members of armed forces;(iv) displaced persons from west pakistan who in their own name or in the name of their husbands/wives or dependent children do not own a building or building site in india;(v) members of a registered co-operative house building societies; and(vi) government employees and employees ..... reliance was also placed upon the decision of the apex court in northern carriers pvt. ..... according to the counsel the lower appellate court erred in law in taking support from the view taken by the apex court in northern carriers pvt. ..... in addition thereto the court placed reliance upon the decision in northern carriers pvt. ..... chitale in northern carriers pvt. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2003(1)ARBLR413(P& H)
..... it has been submitted before me by the learned counsel for the petitioner that inthe petition under section 20 of the arbitration act, the petitioner had made a reference that the value of his claim was approximately rs. ..... 5 lacs and similarly, petitioner was also informed to submit his claim for less than rs. ..... it was thereupon that chief engineer was appointed as arbitrator as a nominee of the general manager, and he was informed that the had to consider the claim for less than rs. ..... thereupon, present petitioner filed an application dated 17.9.1998 under sections 152, 153, read with section 151 cpc, copy annexure p6 for necessary correction in the order dated 29.1.1998 by striking words 'sole arbitrator' and instead inserting the words 'co-arbitrators'. ..... thereupon, the general manager, northern railways appointed chief engineer as sole arbitrator, vide letter dated 16.6.1998, copy annexure p4, with the stipulation that the total value of the claim was restricted to 5 lacs only. ..... under the general belief and without going into this question, learned trial court vide order dated 29.1.1998, had referred the dispute to the sole arbitration of general manager, northern railways, or his nominee. ..... learned trial court, vide order dated 29.1.1998, copy annexure p3, referred the dispute between the parties 'to the sole arbitration of general manager, northern railways, or his nominee'. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H238
..... fact, a full bench of this court, which was confronted with such a question in a case under the punjab act held as follows; (see northern india caterers (p) ltd. v ..... part, all land and all stores, articles and other goods belonging to the existing state of punjab shall,-- (a) if within that state, pass to the successor state in whose territories they are situated; ***** (6) in this section, the expression 'land' includes immovable property of every kind and any rights in or over such property, and the expression 'goods' does not include coins, bank notes and currency notes. 88. the provisions of ..... a legal entity distinct from the union government and that merely from the fact that its administration had to be carried on in the name of the president it could not be considered as a part of the central government, for the president was its chief head not because the president is the chief head of the union government but because of the fact that the constitution recognised the president under article 239 of ..... question as to whether the petitioner is deemed to be in an unauthorised occupation of the premises from 14-3-1974 or 13-3-1975 is relevant only for- the purposes of calculating the compensation for the use and occupation of the premises in question by the petitioner ..... . 2058 of 1975, the petitioner has claimed modification of this court's order dated 17-7-1975 whereby this court had directed him to deposit a sum ..... would have tantamounted to the giving up of his (estate officer's) claim .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H301
..... interest or any other amount, if any, due to the state government on account of the transfer of any site or building under sub-section (1) shall be a first charge on that site or building, as the case may be; and notwithstanding anything contained in any other law for the time being in force, no transferee shall, except with the previous permission in writing of the estate officer be entitled to sell, mortgage ..... laws and particularly in judging of their validity the courts have necessarily to approach from the point of view of furthering the social interest which it is the purpose of the legislation to promote, for the courts are not, in these matters, functioning as it were in vacuo, but as parts of a society which is trying by enacted law to solve its problems and achieve social concord ..... by ujagar singh, respondent, section 8-a of the act is not violative of article 19 of the constitution of india and the contention of the learned counsel for the petitioner is rejected as devoid ..... may be noticed that the northern india caterers case was specifically overruled ..... very concept and the subsequent rise of the planned city of chandigarh (which now view for the aesthetic claim of being the city beautiful), now the joint capital of the sister states of punjab ..... purposes, making an abatement or rent and giving compensation for damage to crops.the law lexicon, 1940 edition :'resumption' : (1) resumption is nothing more than an unequivocal demand for possession so as to operate as a final .....
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