Court : Punjab and Haryana
Reported in : (1996)113PLR184
..... the principles of lis pendence. according to the counsel, principles of lis pendence applies in a suit or proceedings and a petition under the redemption of mortgagees act will clearly come within the term 'proceedings' and so the plaintiffs being the purchasers pendente lite, the petition filed for redemption by nand singh will preclude them ..... proceedings before the collector, they would be bound by any such decision unless challenged within the stipulated period. according to section 52 of the transfer of property act, a suit or proceeding is deemed to commence from the presentation of the plaint or institution of the proceedings in a court of competent jurisdiction and since ..... the decision by the collector is that of a court, the principles enshrined in section 52 of the transfer of property act apply to the facts of the present case thus debarring the plaintiffs from reagitating the matter in view of the pendency of the earlier decision between the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2002)IILLJ405P& H
..... of land revenue. admittedly, the petitioner is a sick industrial company declared as such under section 3(1) of the sick industrial companies (special provisions) act, 1985 (for short 'the act') and a scheme for its rehabilitation is under process. this being so, the amount covered by the impugned notices cannot be recovered through any coercive means ..... division bench judgment of this court rendered in cwp no. 16851 of 1997 decided on november 27, 1997 gurmail singh v. punjab university. in this case, gurmail singh was appointed as beldar with punjab university, patiala on july 1, 1967. he was appointed as a concrete mixer machine driver on october 9, 1973. he worked as ..... of these facts, gurmail singh filed an application under section 33c(2) of the act claiming the pay on the post of concrete mixer machine driver and pump driver whereas he had only been paid the wages of a beldar. the university contested the application. it was denied that gurmail singh was ever appointed as a concrete .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H170
..... the educational institutions situated within the limits of the aforesaid area.' their lordships came to the conclusion that the various provisions of the guru nanak university act and the impugned notification did not involve the contravention of any fundamental rights of the petitioner-colleges and, therefore, held them to be valid. ..... is hereby declared that the provisions of this section shall apply also to the punjab university constituted under the punjab university act, 1947 (east punjab act 7 of 1947), the punjab agricultural university constituted under the punjab agricultural university act, 1961 (punjab act 32 of 1961), and the board constituted under the provisions of part iii of the ..... course appears to have been adopted by the punjab legislature while enacting section 5(3) of the guru nanak university act which carves out an exception to section 26 of the punjab university act. i think there cannot be any greater fallacy than arguing in this situation that section 5(3) is not .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR407
..... the observations made by the apex court are quite instructive and the same are quoted below :-'it is not easy nor is it desirable to lay down any rule for universal application. it may, however, be stated as a general rule that if there has been unreasonable delay the court ought not ordinarily to lend its aid to a ..... held that the high court was not justified in interfering with the land acquisition proceedings and the award dated 19.4.1984 in a writ petition filed on may 13, 1985. their lordships held that the high court was not justified in quashing the notification under section 4(1) or the declaration issued under section 6.18. in pawandeep ..... been entertained because of delay. their lordships held :-'there is yet another and a very strong factor militating against the writ petitions. not only did they also failed to act soon after the declarations under section 6 were made. as stated above, the declarations under section 6 were made in the year 1978 and the present writ petitions were .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1995)111PLR229
..... in each and every acquisition. if it was, so intended the legislature would have expressly provided so. we would decry that rule and express our disapproval for its universal application or for all acquisitions.'10. this, however, in my view may not mean that the appellants are not entitled to any increase in market value of the ..... determined the market value of the land at the rate of rs. 12.40 per square yard. on reference under section 18 of the act, learned additional district judge by his award dated october 4, 1985 assessed the market value of the acquired land at the rate of rs. 19.56 sq. yard. the claimants filed the present appeal ..... land of the appellants which was the subject matter of the aforesaid writ petition. this notification was followed by notification dated june 2, 1980 under section 6 of the act. as a consequence of the above notification, land owned by the appellants stood vested in the state government free from all encumbrances. learned collector by his award dated .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1997P& H287; (1997)117PLR487
..... 1801 of 1985 the property is situated within the municipal limits of jullundur and, in civil wril petition no. 2257 of 1982, it is a case of property ..... be applicable inasmuch as mere is no non obstante clause in s.93 of the punjab municipal corporation act or in s. 3(1) of the punjab municipal act, 1911.13. in civil writ petitions no. 2257 of 1982 and no. 1801 of 1985. similar plea has been raised by the learned counsel for the petitioners to the effect that annual ..... rental value should have been fixed on the basisof the standard rent determinable under the punjab rent act. in civil writ petition no. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1991)99PLR20
..... of the trust to execute the scheme within the aforesaid period, may, with one year from the date of commencement of the punjab town improvement (haryana amendment and validation) act 1985, shall extend the period for its execution upto three years.explanation-for the purpose of this section a scheme shall be deemed to have been executed if the trust had ..... question the action of the state government extending the period for execution of the scheme.10. the act was amended by the state of haryana by tie punjab town improvement (haryana amendment and validation) act, 1985 (haryana act no. 12 of 1985). section 44-a of the principal act was renumbered and the amended section reads thus : -'(2) notwithstanding anything contained in sub-section (1 ..... be granted beyond the period mentioned in sub-section (1) of section 44-a as amended by haryana act no. 12 of 1985. no plea to this effect was raised in the writ petition. in para 15(ii) of the writ petition, it was only stated that the failure of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1993CriLJ2567
..... trial on first information report no. 130 dated 15-4-1992 registered at police station, samalkha, under section 17 of the narcotic drugs and psychotropic substances act, 1985, (for short, the narcotic act). the first information report which was registered on the basis of ruqa sent by pirthi singh, mhc, reads as under:--today, i along with s. ..... 26-2-1992.7. mr. prem singh kadian, deputy advocate general, haryana has opposed the prayer for bail. he has submitted that section 37 of the narcotic act, as amended, starts with a non obstante clause stating that, notwithstanding anything contained in the code of criminal procedure, 1973, no person accused of an offence prescribed ..... 250 grams of opium are alleged to have been recovered from the petitioner. not only that, he goes on to say that the mandatory provisions of the narcotic act have not been complied with; that the alleged recovery of opium was not effected before a gazetted officer or with his consent and that, therefore, the petitioner .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : III(2005)BC447; [2006]134CompCas258(P& H); (2005)140PLR228
..... 8.5.2002 has held that after the passing of winding up order by this court on 27.7.2001, the authorities under the sick industrial companies (special provisions) act, 1985 (for brevity, 'sica') including aaifr would not enjoy any jurisdiction to pass any order under section 20(4) of the sica. the aforementioned petition came up for ..... be distributed in a particular manner cannot be raised at this stage because sale proceeds have to be distributed in terms of sections 529 and 529-a of the act, after the sale is complete and the sale proceeds are credited to the official liquidator. therefore, there is no substantive objection by the secured creditors (except respondent ..... respondent no. 10.15. i do not propose to deal with another argument raised by learned counsel for respondent no. 10, namely, whether the provisions of the companies act would give way to the provisions of sica in view of the judgments of the supreme court in the cases of maharashtra tubes ltd. (supra) and solidaire india .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H309
..... specially subjected to discriminating and hostile legislation, it does not insist on an 'abstract symmetry' in the sense that every piece of legislation must have universal application. all persons are not, by nature, attainment or circumstances, equal and the varying needs of different classes of persons often require separate treatment and ..... are grouped together from others and (2) that that differentia must have a rational relation to the object sought to be achieved by the act........in short, while the article forbids class legislation in the sense of making improper discrimination by conferring privileges or imposing liabilities upon persons arbitrarily selected ..... belongs to a particular religion, race or caste 'vis-a-vis' another person similarly circumstanced. the persons who come under the mischief of the act have other qualifications besides the qualification of religion e.g., they must have been separated from their relatives in the peculiar circumstances envisaged by the impugned .....
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