Judgment Search Results Home > Cases Phrase: punjab apartment and property regulation act 1995 Court: delhi Page 1 of about 1,954 results (0.247 seconds)

Navneet Arora Vs. Surender Kaur and ors.

Court : Delhi

..... . [punjab apartment ownership act (punjab act no.13 of 1995) s.2(c); and punjab apartment and property regulation act (14 of 1995) s.2(s)].74 ..... . under the circumstances her right to residence in the suit property cannot be denied, and as regards issues of title, we have already observed that the right of residence under the protection of women from domestic violence act, 2005, the same would have no bearing ..... thus,ms.taruna batra could not derive any benefit from the provisions of the protection of women from domestic violence act, 2005 as she or her husband, either singly or jointly, had no right, title, interest or equity in the second floor of the suit property and neither was the couple residing as members of joint family with her in-laws and her mother-inlaw was the exclusive owner of the suit property.40. ..... in view of the said state of affairs, it is palpably evident that ms.taruna batra and her husband were not living together with ms.taruna batra s in-laws, as members of joint family in the legal-sense and the second floor of the suit-property would not qualify as the shared household in terms of section 2(s) of the act. ..... while repelling the said submission the supreme court observed in paragraph 26 of the judgment that if the aforesaid submission were to be accepted then it would mean that wherever the husband and wife lived together in the past that property would become a share household for the purpose of the act. .....

Smt. Ishwari Bai Vs. Assistant Controller of Estate

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1985)14ITD131(Delhi)

..... before the appellate controller it was contended that at the time of death the property in question fell under the urban land (ceiling and regulation) act, 1976, and, therefore, the market value of the land in question had to be determined having regard to the provisions of that act. ..... it is so because it is not a vacant land and the act clearly excludes such house properties from the operation of the urban land (ceiling and regulation) act. ..... only in case where the property belongs to the individual partner, the question of considering of that under the urban land (ceiling and regulation) act would arise. ..... in this connection, he pointed out that the entire land belonging to the deceased could not fall under the urban land (ceiling and regulation) act and only land owned by the deceased, her husband and other persons, which are to be taken as one unit for this purpose, has not to exceed 500 sq. ..... property cannot be taken into consideration under the urban land (ceiling and regulation) act. ..... madras high court had held that if the restrictions and prohibitions contained in the urban land (ceiling and regulation) act were ignored invaluing the excess land, that would amount to valuing the asset differently in content and quality from that actually owned by the assessees. ..... the main requirement is that the land is declared to be set apart for construction of dwelling units for the accommodation of the weaker sections of society in accordance with the scheme approved by the state government .....

Brown Forman Mauritius Limited Vs. Jagatjit Brown-forman India Ltd. an ...

Court : Delhi

Reported in : [2005]126CompCas392(Delhi); (2004)1CompLJ368(Del); 109(2004)DLT198; 2004(72)DRJ655; [2004]51SCL214(Delhi)

..... by the provisions of industries (development and regulation) act as it is a controlled industry. ..... guilty of concealment, withholding of relevant and material facts and mis-representation to this hon'ble court in seeking restraint order and appointment of a provisional liquidator as regards the properties of respondent no.2 without disclosing that they were not the properties of the company; and the willful suppression of the act that in terms of the jva termination had not taken effect; but instead pleading in its application and affidavit as though the agreement had come ..... or evidence in support of the alleged subsequent events apart from the oral submissions of the petitioner in the rejoinder arguments which in any event are wholly irrelevant; and that the circumstances prevailing prior to and at the time of the filing of the petition ..... importance reads thus: ''gentlemen: as you know, the joint venture's shareholders and board of directors have been trying for over seven months to resolve a number of important issues concerning the joint venture's continued operation, as contemplated by the joint venture agreement dated april 24, 1995, as amended by amendment number 1, dated august 7, 1997 (collectively, the ..... to the commissioner, excise and taxation, punjab informing him of requiring the earmarked 500 kl distillation capacity for manufacturing various products of the company and also assuring him that this utilisation will not affect the respondent's supply to punjab licensees. .....

D.C.M. Ltd. Vs. R.K. Towers (India) Pvt. Ltd.

Court : Delhi

Reported in : 2008(3)ARBLR507(Delhi)

..... construction/misuse in portions of the property/apartment which under the apartment act have vested in the persons to whom the apartments have been sold can be adjudicated in the absence of the said persons and it would again be an exercise ..... an individual apartment in a multistoried building and of an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable. ..... the owner shall apply for permission under the relevant provisions specially section 27, of the urban land (ceiling & regulation) act, 1976 for transfer of the saleable space allocated to the builder under the terms of this agreement. ..... it is alleged that the respondent has thereby wrongfully withheld and enjoyed the monies and properties belonging to the holding organization; (b) that the respondent has ..... , 1988, gave an award with respect to the disputes between the parties of allocation of space, finalization of the amount to be paid by the petitioner towards fire fighting and electric sub-station, settlement of accounts and provision to the petitioner of area which had been taken out of their share towards fire fighting as refuge area; (iii) the agreed nominated arbitrator gave another award dated ..... that as and when any transfer of any space purchased by the transferee of the builder, is made in favour of such transferee, the stamp duty, transfer charges under the punjab municipal act, or equivalent legislation and any other .....

Mool Chand Khairati Ram Trust Vs. Union of India

Court : Delhi

..... of the petitioners that in the absence of enacted law, the central government does not possess any power to regulate fundamental rights, it is argued that owner of the property, the central government s right to direct the manner of utilization and use of its property without recourse to law is justified and within the constitutional framework. ..... be necessary to set out some portions of the main judgment in social jurist, which set out the factual matrix and relevant discussion with regard to the quota or proportion set apart for free or concessional medical treatment to members of the public: firstly, we would deal with the matters in issue ..... petitioners had argued that the lease was a government grant under the government grants act 1895; the stipulations in sections 2 and section 3 of the act were that the terms of a grant would take effect according to their tenor and the government had the unfettered discretion to impose any condition, limitations or restrictions in ..... of the state to protect a condition of employment, of the state of punjab s employees right to claim reimbursement in the event of medical treatment in ..... submission of both the parties, on the aforesaid facts and circumstances, hold that the appellant's decision to exclude the designated hospital cannot be said be such as to be violative of article 21 of the constitution for the aforesaid reasons and findings we uphold governments new policy dated 13th february, 1995 and further hold it not to be violative of article .....

Chandni Chowk Sarv Vyapar Mandal (Regd.) Vs. Municipal Corporation of ...

Court : Delhi

Reported in : 124(2005)DLT51; 2005(85)DRJ632

..... in the corporation:provided that no public street which immediately before the commencement of this act vested in the union shall, unless the central government with the consent of the corporation so directs, vest in the corporation by virtue of this sub-section.all public streets vesting in the corporation shall be under the control of the commissioner and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf.notwithstanding anything contained ..... : air2002sc3588 , the supreme court held that the approach of dispensing with natural justice on ground of administrative inconvenience or unavailability of hearing was not tenable and the authority was under a duty to comply with principles of natural justice, even if it entailed ome delay, or a cumbersome procedure :'that apart, when a statute confers a right which is in conformity with the principles of natural justice, in our opinion, the same cannot be negatived by a court on an imaginary ground that there is a likelihood of an unmanageable ..... the permission when granted shall be regarded only as temporary under section 170, of the punjab municipal act, 1911 and shall not entitle the holder there of to use the chabutra otherwise than to exhibit goods for sale or to receive customers during business hours. ..... thus, disputes as to title to properties, money and commercial claims, right to easement and other civil private law rights, cannot be agitated. ..... union of india : (1995)1scc104 ). .....

Rattan Lal Vs. Vardesh Chander and ors.

Court : Delhi

Reported in : ILR1975Delhi628

..... of the madras high court held on the peculiar language of section 7 of the madras buildings (lease and rent control) act, 1946 and its peculiar scheme that it excluded the operation of section 111(h) of the transfer of property act and that a notice to quit was not a necessary condition for an application for eviction, and with respect, rightly because section 7, apart from the scheme of the act, provided that 'a tenant in possession of a building shall not be evicted there from....... before the ..... judge, it was contended on the authority of decision if the supreme court in the case of raja mohammad (2) and certain decisions of this court and a decision of the punjab high court that even though the transfer of property act did not then apply to delhi, the principles embodied in section 111(g) did being in consonance with the rules of equity, justice and good conscience and that it was still necessary for a reasonable notice in writing of the landlord's intention to re-enter being given ..... . where the transfer of property act is applicable to a tenancy, it would regulate the relationship between the landlord and the tenant in so far as the provisions of that act are not in consistent with the provisions of the act and in case of inconsistency, the provisions of the act would prevail .....

Bahadur Singh Etc. Vs. Union of India

Court : Delhi

Reported in : ILR1976Delhi375

..... was fatal in that the notification under section 4 was issued in october, 1961, the government could not be permitted to trifle with the property rights of citizens as after the issuing of notification under section 4 the owner of the property has only a qualified ownership or enjoyment of his property and cannot earn maximum return from the property and that since the compensation was to be determined with reference to the date of publication of section 4 notification, it was submitted, the petitioners ..... reference here may be made to section 58 of the punjab municipal act, 1911, as applicable to area comprised in the new delhi municipal committee and sections 197 to 199 of the delhi municipal corporation act, 1957, under which the aforesaid two municipal bodies can acquire land or other immovable property. ..... in that case a contention was raised that mysore legislature had no competence to make a law in respect of regulation of house accommodation (including the control of rents) in cantonment area in that the subject-matter fell under entry 3 in list i of the seventh schedule of the constitution of ..... a bare perusal of the aforesaid functions would show, that apart from being discretionary function which the board may or may not undertake, the conception of planned development of delhi is foreign to the works in which a board can engage ..... is futile for the petitioners to contend that the area comprised in the cantonment of delhi is an entity apart from the union territory of delhi. .....

S. Rau's Indian Administrative Service Study Circle Vs. Sushila Nanda ...

Court : Delhi

Reported in : 19(1981)DLT174; 1981RLR45

..... who was lesser should be given notice and that property could not be sold without permission under the provisions of urban land (ceiling and regulation) act. ..... the 'concurrent list' and, thereforee, amending act, which was passed by the parliament, must be given effect to as against amendment in the civil procedure code brought about by punjab relief of indebtedness act enacted by erstwhile punjab legislature and extended to delhi. ..... it may be mentioned that section 41 of the punjab courts act is liberal in the matter of regular second appeals to the high courts inasmuch as under that provision, inter alia, an appeal can be filed on a question of law whereas section 100 provides for second appeals on substantial questions of law only and requires that such question of law should be framed at the time of the admission of ..... case it is held that section 41 of the punjab courts act, which provides for filing of second appeal in, the high court, must be given precedence over the present section 100 of the code in view of the protection of special and lo:al jaws afforded , section 4(1) of the code. ..... even if there is inconsistency section 4(1) of the code protects provisions of special and local laws like punjab relief of indebtedness act and thereforee, exemption granted by section 35 of the said act by way of inserting proviso (ccc) must be given effect to. ..... way of section 35 of punjab relief of indebtedness act that amendment of the code was made and the aforesaid proviso was inserted. .....

Union of India and ors. Vs. Sardar Anant Singh

Court : Delhi

Reported in : ILR1970Delhi35

..... j of the punjab high court was of the view that section 16 of the act cannto be construed to enable the central government to determine the mode of transfer of any property forming part of the compensation pool without making rules for that purpose and that the section was nto intended to empower the government to ignore and by-pass sections 8 and 40 of the act and also to deprive parliament of its control over the rule ..... while dealing with the effect of contracts with the chief commissioner of himachal pradesh in the light of the definition of 'central government' in section 3(8)(b)(ii) of the general clauses act, 1897 and of section 17 of the government of part c states act, 1951 (no.49 of 1951) read with section 7(d) of the representation of people act, 1951 (act 43 of 1951) observed as under :- 'we are unable to agree that section 3(8)(b)(ii) has the effect of putting an end to the status of part c states as independent ..... orders did nto have the status of law regulating the rights of parties and must par-take of the character of administrative orders ..... '(9) apart from anything else the press note possibly cannto he considered to have been issued under section 16 of the act unless it ..... but apart from this legal aspect of the matter normally it is expected that an authority which issues any general administrative or executive directions which are nto unlawful should adopt a uniform policy in the matter of their application and nto arbitrarily deny the benefit thereof only in some .....