Court : Delhi
Reported in : 2000(55)DRJ499
..... liable to be demolished, would be a question within the exclusive domain of the authorities, whichwill have to be resorted to under the relevant provision of the statute and to that extent the suit would be barred as per section 225 of the punjab municipal act, 1911 but court's jurisdiction to go into the question whether the order was nullity being vitiated by jurisdictional error would not be barred in view of what has been held by the supreme court in dhulabhai etc. v. ..... the spot on 28.11.1978 but it was pleaded that only after notice under sections 195 and 195-a of the punjab municipal act, which were duly served on the plaintiff, who had made new construction without ..... court having come to the conclusion that there was no proof brought on record about service of notice, acted with material irregularity in not setting aside the findings of the trial court on the merits of the case and in not reserving an opportunity ought to have been reserved to the appellant to take out appropriate proceedings in accordance with law, which course of action ought to have been adopted. ..... the trial court, in view of the settled position in law exceeded its jurisdiction in recording a finding on merits that whether or not the plaintiff had ..... on 25.1.1984 no substantial question of law was formulated.5. ..... any unauthorised constructions are set aside and stands modified to the extent that the appellant shall stand restrained from demolishing the offending construction otherwise than in due course of law. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP382
..... section 14 enacts that nothing contained in the act shall be held to prevent persons deeming themselves aggrieved by any proceedings under the act from applying to a civil court for redress within the period of six months from the date at which the cause of action has arisen. ..... the punjab act on the contrary invested the decisions of the collector or on appeal, of the commissioner with finality and enacted that they were not liable to be questioned in a court of law. ..... we, however, respectfully agree with the view expressed by the learned chief justice that the express provision enabling an aggrieved person to resort to a civil court is in sharp contract to the provisions of section 10 of the punjab act which barred to the aggrieved person access to a civil court for redress. ..... contrasting the provisions of the madras act with analogous provisions in the punjab act, the learned judges pointed out that section 14 of the madras land encroachment act preserves the reedy of resort to civil court for redress. ..... expressed the opinion that the land encsroachment act does not suffer from the vice 'which section 5 of the punjab act suffered from as held by : [1967]3scr399 '. ..... ''in leaving it to the discretion of the collector to resort to one of them and to pick and choose some of those inoculation of public properties and premises for the application of the more drastic procedure under section 5 that section lent itself open to the charge of discrimination and as being violate of article 14. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1995P& H87; (1995)109PLR30
..... shall be five years and the state government shall cause fresh elections to he held and completed before the expiry of the aforesaid, term: provided that -(i) proviso as inserted by president's act 2 of 1984 was omitted by punjab act 3 of 1985, (ii) while a proclamation of emergency under clause (1) of article 352 of the constitution is in operation, the government may extend the aforesaid term for a period not ..... consisted of following category of members; (i) elected members; (ii) co-opted members in terms of section 12a, 12b and 12c of the act - in case elected by elected members within the stipulated period or having been nominated as per section 12e; (iii) associate members -- every member of the legislative assembly representing the constituency ..... if examined in the light of section 12(beforeits substitution) leaves no manner of doubt that an associate member could not cast a vote and so if his vote is excluded, the impugned resolution does not satisfy the requirement of law which envisages that such a resolution ..... law provide for representation in a municipality of (i) persons having special knowledge or experience in municipal administration; (ii) members of the house of people and the members of the legislative assembly of the state representing constituency which comprises wholly or partly the municipal area: (iii) the members of the council of the state and the members of the legislative council of the stale; and (iv) chairperson of the committee constituted under sections .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1985CriLJ1739
..... we find that having separated the judiciary from the executive and having achieved the directive principle as embodied in article 50, the law now enacted for the trial of certain offences by the executive magistrates is neither fair nor just nor reasonable, with the result that the provisions of section 4 of the amendment act empowering an executive magistrate, to the exclusion of any other magistrate, to take cognizance of and to try and dispose of ..... as some of them are not legally qualified and trained persons and, in actual practice, are required to perform various other functions; that the conditions of service of the executive magistrates are governed by the punjab civil service (executive branch) (class i) rules, 1976; that as is evident from these rules, the high court would have nothing to do with the appointment, removal or other conditions of their service ..... before 1 deal with the contentions, the purpose as described in the preamble of the act, which necessitated the enactment of the amendment act may be noticed:whereas the circumstances prevailing in the state of punjab are such that in order to ensure maintenance of public order and tranquillity in the state, it is considered expedient to confer certain powers under the code of criminal procedure, 1973, on the executive ..... no indication is available in the statement of objects) the position with regard to specified offences has now been reversed in the state of punjab by enacting section 4 in the amendment act of 1983. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1976Delhi251
..... it was contended that section 3 of the government grants act applied and that the same would take effect according to its tenor in spite of any law enacted to the contrary, namely, the delhi (urban areas) tenants relief act (which applies to the municipal area) or any other enactment would in no way make the conditions of the grant invalid.3. ..... even in the view that the delhi land reforms act does not apply to the area where the land in question, which has been acquired for a canal, is situate, mr.watel pointed out that according to section 2 (1) of the same act the punjab tenancy act 1887, as modified by punjab act no. ..... , held that to eject the tenant on the expiry of the lease, the crown has to follow the same procedure as laid down in section 10 of the punjab urban rent restriction act which any other landlord similarly situated is required to follow. ..... even in the view that the punjab tenancy act of 1887, but not the other two enactments, applied the petitioner who claims to have made improvements on the land, could not be evicted before compensation was assessed and awarded. ..... 9 of 1939, stood repeal they apply to areas to extends and that if the land in question was not one to which the said delhi land reforms act of 1954 applied the provisions of the punjab tenancy act of 1887 (as amended) would still be applicable to it. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... amendment". however, section 6a provides that where any central act repeals any enactment by which, the text of any central act was "amended by express omission, insertion or substitution of any matter" the repeal unless different intention appears, shall not affect the continuance of "any suck amendment made by the enactment so repealed" and in operation at the time of such ..... 1947, sections 6 and 8 of which conferred on the constituent assembly the power to enact a constitution, as well as the full powers to make laws which were not to be void or inoperative on the ground that they are repugnant to the laws of england, or to the provisions of the indian independence act or any existing or future act of parliament of the united kingdom, or to any order, rule or regulation made under any such act, and the powers of the legislature of the dominion of india shall include the power to repeal or ..... iii in general and article 13(2) in particular;(v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and(vi) that the two impugned acts, namely, the punjab security of land tenures act, 1,953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are protected by article 31-a, and the ..... people". .....
Tag this Judgment!Court : Punjab and Haryana
..... however, it has been brought to the notice of this court that the aforesaid extension of the punjab laws to chandigarh have already been upheld by a division bench of this court vide judgment dated 23.08.2011 passed in cwp no.15378 ..... order would show that primarily the petitioner has sought the leave to contest on the ground that the provisions of section 13-b of the rent act, which were extended to chandigarh vide notification dated 09.10.2009, were illegal and the respondent-landlord cannot claim the benefits ..... division bench of this court in the aforesaid judgement reads as follows : as regards the validity of impugned notification,extending the punjab act to union territory, chandigarh, the contention has to be negatived in view of judgment of the hon'ble supreme court in ..... law, at the time of deciding the application for leave to defend the rent controller is required to look into the averments made in the application for leave to defend and the affidavit in support thereof and has to consider as to whether the affidavit discloses the fact which would dis-entitle the landlord from obtaining the possession of the demised premises on the ground specified under section 13-b of the east punjab urban rent restriction act ..... law has been enacted by the parliamentary board of india till date to become legislative law ..... the provision has been specifically enacted to give summary remedy to the nri landlords, to take the possession of the premises which are occupied by the tenant in case the .....
Tag this Judgment!Court : Delhi
..... xxx xxx xxx since the law made by the legislature of the state of punjab, namely, section 3 of the punjab act of 1953, is repugnant to the law made by the parliament which the parliament was competent to enact, namely, section 8(2)of the central act of 1950, the law made by the parliament must prevail and the law made by the punjab legislature has to be held to be void to the extent of the repugnancy... ..... the arbitration and conciliation act, 1996 was enacted repealing the arbitration act, 1940 with the legislative intent of reducing court interference in arbitral proceedings at the three critical stages of pre and post reference stages as well as the post award stages. ..... it was a provincial legislature alone which could alter, repeal or amend the court fees act, after the coming into operation of the government of india act, 1935 .therefore, since the date of the coming into operation of the government of india act, 1935 the court fees act must be deemed to have continued to be in operation in the various provinces of india as a provincial act passed by the appropriate provincial legislature and not as a central act because the provincial legislatures alone had the .....
Tag this Judgment!Court : Delhi
..... xxx xxx xxx since the law made by the legislature of the state of punjab, namely, section 3 of the punjab act of 1953, is repugnant to the law made by the parliament which the parliament was competent to enact, namely, section 8(2)of the central act of 1950, the law made by the parliament must prevail and the law made by the punjab legislature has to be held to be void to the extent of the repugnancy... ..... the arbitration and conciliation act, 1996 was enacted repealing the arbitration act, 1940 with the legislative intent of reducing court interference in arbitral proceedings at the three critical stages of pre and post reference stages as well as the post award stages. ..... it was a provincial legislature alone which could alter, repeal or amend the court fees act, after the coming into operation of the government of india act, 1935 .therefore, since the date of the coming into operation of the government of india act, 1935 the court fees act must be deemed to have continued to be in operation in the various provinces of india as a provincial act passed by the appropriate provincial legislature and not as a central act because the provincial legislatures alone had the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
..... disallowance on the aforesaid grounds, the assessing officer made a number of additions and disallowances by making enquiries, as made in regular assessment, which could not have been done in the re-assessment proceedings under section 147 of the act.3.1 in order to support the aforesaid contention, reliance was placed on the decision of hon'ble punjab & haryana high court, being the jurisdictional high court in this case, in the case of vipan khanna v.cit and ors. . ..... officer was directed to complete the re-assessment in accordance with law and it was clarified that the assessing officer would be competent to frame the assessment to bring to tax any other item of income which might have escaped assessment and which comes to his notice during the proceedings under section 147 of the act. ..... assessing officer was directed to proceed with the assessment under section 147 of the act and in accordance with law. ..... to the effect that the learned cit(a) erred in law and on facts in confirming the action of the assessing officer regarding the re-opening of the assessment under section 147 of the act. ..... officer was directed to proceed with the assessment under section 147 in accordance with law. ..... and ors..4.2 in a nutshell, the proposition of law on this issue is summarized here. ..... the course of reassessment proceedings, but the assessee will not be entitled to reopen the concluded issues by stating that on some other item he was assessed at a higher figure than what was warranted under the law. .....
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