Court : Punjab and Haryana
Decided on : May-29-1991
Reported in : AIR1992P& H72
..... custodian. aggrieved by the order at annexure p.2, the petitioners filed a petition before the financial commissioner (appeals) under section 54 of the admin-istration of evacuee property act, 1950. this petition was also dismissed by the order of september 6,1990. aggrieved by the orders at annexures p.1, p.2 and p.4, the petitioners filed ..... a merely correction of the revenue entries, but a clear order declaring the land to be evacuee property. in view of the provisions of section 7 of the 1950 act which envisages the issue of a notice to the interested persons followed by an enquiry into the matter, the action of the tehsildar (sales)-cum-managing officer was even ..... 7, 1954. the failure to grant an opportunity was thus not only violative of the principles of natural justice but also of the provisions of section 7 of the 1950 act. it resulted in material miscarriage of justice. the petitioners had after all succeeded up to this court in rsa no. 121 of 67 decided ondecember 24, 1970. they .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-03-1991
Reported in : AIR1992P& H92
..... , paved, metal led, channeled, severed, or repaired out of municipal or other public funds or it must have been declared by the committee or should have become, under the act, a 'public street.' these conditions have to be satisfied before a vacant plot can be identified as a 'public street.'7. in the facts of the present case, the ..... get the encroachment removed as the vacant plot vested in the defendant-committee and falls within the definition of 'street' as given in s. 3(13)(a) of the act. he further submitted that both the courts below have not considered this aspect of the matter.6. after hearing learned counsel for the parties, i find that the contention ..... of the green belt being under the management and control of the defendant and falls within the definition of 'street' as given in s. 3(13)(a)of the act. the committee also stated that the plaintiff had no right to encroach on the green belt and, therefore, the defendant-committee was empowered to get the encroachment removed.3. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-05-1991
Reported in : AIR1992P& H130
..... succession certificate in their favour, they filed the second execution application on 2-1-1984 after obtaining such a certificate. under art. 136 of the indian limitation act, 12 years period is provided for executing the decree. the present application was well within 12 years. even otherwise the present application for execution was filed ..... granted under the succession certificate act, 1889, or (v) a certificate granted under bombay regulation no. viii of 1827, and, if granted after the first day of may, 1889, having the debt specified ..... grant to him of administration to the estate of the deceased, or (ii) a certificate granted under s.31 or s. 32 of the administrator general's act 1913, and having the debt mentioned therein, or (iii) a succession certificate granted under part x and having the debt specified therein, or (iv) a certificate .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-03-1991
Reported in : AIR1991P& H217
..... the grounds :--(i) that the respondent has ceased to occupy the premises without any sufficient cause for the last 4 months (since may, 1984). (ii) that because of the act and conduct of the respondent, the value and utility of the. building has progressively deteriorated. (iii) that the building is in fact required by the applicant as well as his ..... accommodation in any manner. he further stated that during his absence his son and his familymembers had been visiting the premises in dispute, staying there and taking all such acts which are normally expected of a person who is residing therein. besides, he had given the keys of the house to one shri mulkh raj chopra who is also ..... gurdial singh reported as 1972 cur lj 135 (punj & har). the hon'ble the chief justice harbans singh was pleaded to hold :'that section 13(2)(v) of the act would not cover a case where the premises are continuously in use though the tenant himself does not stay there. at worst such a case might betreated as one if .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-1991
Reported in : AIR1992P& H205
..... the plaintiff while in possession of the property has been dispossessed.twelve years.the date of dispossession.10. a bare reading of article 64 of the limitation act shows that where plaintiff wasin possession of certain immovable property and was dispossessed by the defendant, then the suit for possession can be brought within 12 years ..... possessory title as she wanted to get back possession from the respondents as she was dispossessed otherwise than in due course of law.article 64 of the limitation act provides as under:--description of suitperiod of limitationtime from which period begins to run'64. for possession of immovable property based on previous possession and not on ..... only on the basis of her dispossession, the suit could be filed within six months from her dispossession as provided under section 6 of the specific relief act. amar kaur being aggrieved of the judgment and decree of the trial court, filed appeal before the first appellate court and her appeal was also dismissed. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-13-1991
Reported in : AIR1992P& H300
..... 1947, sham dass migrated from west pakistan where he had left some agricultural land. by section 4 of the east punjab refugees (registration of land claims) act, east punjab act no. 12 of 1948 which was printed at page 185 of the land re-settlement manual by tarlok singh, refugees were asked to submit to the ..... government of punjab in the department of rehabilitation to the financial commissioner (revenue) who admittedly exercises the powers of the central government under s. 33 of the act of 1954. the obvious prayer was for setting aside the order passed by the chief settlement commissioner dated september 8, 1976. the fate of petitioner had yet ..... that neither any claim petition (mutalba arazi) had been filed by daulat ram as was required under the provisions of east punjab refugees registration of land (claims) act, 1948 nor was any application made within the date prescribed under rule 67-a of the displaced persons (compensation and rehabilitation) rules 1956 (hereinafter to be referred .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-20-1991
Reported in : [1994]80CompCas340(P& H); (1993)104PLR745
..... application has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the companies (amendment) act, 1960 (65 of 1960).(3) any suit or proceeding by or against the company which is pending in any court other than that in which the winding ..... company can be wound up, either by the court or voluntarily or subject to the supervision of the court. reference may be made to section 425 of the act. the act specifically provides for the liabilities of the contributories, the obligations of directors and managers whose liability is unlimited, the nature of liability of contributories, the consequences on ..... two arbitrators, one to be appointed by each party to the dispute, and such arbitration shall be in accordance with and subject to the provisions of the arbitration act, 1940, or any statutory modification or re-enactment thereof for the time being in force. such arbitration proceedings will be held at new delhi'.7. before precisely .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-29-1991
Reported in : 1992CriLJ1044
..... , learned counsel for the petitioners, contended that as all the cheques were admittedly issued prior to april 1, 1989, before the provisions of section 138 of the act came into force, it cannot be said that the accused committed an offence on the date of issuing these cheques as these provisions were not then existing. in ..... for the offence punishable under section 138 of the act. the petitioners then went in revision against that order, and it was dismissed by the learned additional sessions judge, chandigarh, by holding that the provisions of section ..... april 22, 1989, but instead of paying the amount, gave a reply dated april 29, 1989, through their counsel disputing their criminal liability under section 138 of the act, which resulted in the filing of the complaint in the court. the trial court, vide order dated august 10, 1989, summoned the accused-petitioners to face trial .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-05-1991
Reported in : [1992]194ITR327(P& H)
..... first time and the income-tax officer is required to pass a specific order granting registration after satisfying himself that the requirements of section 184 of the act are complied with. for all subsequent years after its registration, the firm can claim automatic continuation of its registration provided it furnishes form no. 12 in ..... officer was not required to pass any specific order and the continuance of registration was automatic. the provisions of subsection (5) of section 185 of the act do not apply to a case like the present one where the firm already stood registered and was claiming automatic continuation of its registration under section 184( ..... order.3. in order to appreciate the controversy between the parties, it is necessary to refer to the relevant provisions of sections 184, 185 and 186 of the act which are reproduced hereunder for facility of reference :'section 184. application for registration.--. . . (7) where registration is granted to any firm for any assessment year .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-13-1991
Reported in : (1999)IIILLJ88P& H; (1992)101PLR583
..... impugned order, held that the dry cleaning business carried on by the respondent was not manufacturing process and, therefore, the provisions of the employees' state insurance act, were not attracted. consequently, it quashed the demand raised against the respondent. this view of the learned single judge of this court has been departed from ..... establishment;(v) cinemas including preview theatres ;and(vi) newspaper establishments as defined in section 2(d) of the working journalists (conditions of services) and miscellaneous provisions act, 1955 (45 of 1955). undoubtedly, in raison tailors v. employees' state insurance corporation f.a.o. no. 139 of 1980 decided on november 2, 1981 ..... chandigarh, by notification no. 10102-sa-iii-76/ 10308 dated august 30, 1976, with the approval of the central government, extended the provisions of the act, with effect from september 5, 1976, to the class of establishments, specified in column 2 of the schedule annexed to the notification and situate within the .....
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