Court : Punjab and Haryana
Reported in : AIR1956P& H189
..... 1. this petition raises the question whether the failure on the part of a debtor to make an application under section 11(2) of the displaced persons (debt adjustment) act, 1951, at the proper time debars him from presenting a similar application on a later occasion. 2. the facts of the case are very simple indeed. on the 8th august 1952 ..... provisions of section 11(2) debars him from presenting a similar application in respect of the same debt. when smt. baldevi presented her application under section 10 of the act of 1951 it was clearly open to the debtors to present an application under sub-section (2) of section 11. they failed to take advantage of the provision and on their ..... in revision. 3. there can be no manner of doubt that a decree passed by a tribunal under the provisions of the act of 1951 falls within the ambit of the expression 'debt' as defined in section 2(6) of the said act and consequently that it is incumbent on a debtor making an application under section 9 of the said .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H312
..... to be deemed a usufructuary mortgage and the vendor could apply for its redemption. then on 31-10-1951, before the vendor could make the application suggested by the deputy commissioner, the evacuee interest (separation) act, 1951, came into force. the vendor, risaldar major amar singh, applied for the separation of his interest before ..... the competent officer appointed under the act. the competent officer on 24-7-1954 ordered that the land be redeemed on amar ..... property.no orders were passed on this application until 4-10-1951 when the punjab alienation of land act ceased to exist because it was repealed by the adaptation of laws (third amendment) order, 1951, published in the gazette of india on 4-4-1951. the deputy commissioner, ludhiana, then passed an order rejecting .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2000P& H226; (2000)125PLR649
..... filed to the application, the defendant-corporation asserted that the defendant-corporation being a financial corporation, was acting under the provisions of sectin 29 of the state financial corporation act, 1951 (hereinafter referred to as the act) as the demised premises stood mortgaged by veena devi with the defendant-corporation to secure a loan granted ..... is a financial institution, from recovering the loan and from taking management and possession of the property mortgaged for realising the loan under section 29 of the 1951 act who has sought support from the cases of hindustan engineering corporation, jaipur v. rajasthan financial corporation, air 1991 raj 40, miss k. t. sulochana nair ..... holder.15. as is clear from the facts of the present case, the respondent-corporation is proceeding against the petitioner under section 29 of the 1951 act to get possession of the premises in question from the petitioner and, therefore, in my opinion, it need not proceed to evict the tenant under .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H372
..... is obviously subject to the contract between the parties, the conduct of the parties and any law applying to such a transaction. it has been shown that under act no. lxiv of 1951 in a case as the present the competent officer must first separate the interest of non-evacuee co-sharers from evacuee co-sharer. when that has been done ..... mortgagors, and jamna devi, respondent no. 2, is the mortgagee of the property. 3. in the beginning the purpose for which act no. lxiv of 1951 was enacted is stated in that act in these words-'an act to make special provisions for the separation of the interests of the evacuees from those of other persons in property in which such other ..... of statutory rate of interest a non-evacuee is entitled to the benefit of section 9(1) of the evacuee interest (separation) act (no. lxiv), 1951, when he is a co-mortgagor of composite property under that act? 2. it is not necessary for the consideration of this question to go into any appreciable detail of the facts of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H440
..... of statutes including the transfer of property act so as to affect their territorial extent, but so far as the transfer of property ..... was secured by an equitable mortgage, and on the basis of that fact went on to argue that, since the transfer of property act was extended to part b states by central act iii of 1951, it was not thereafter possible for any equitable mortgage to have been made in patiala because section 58(f) of the transfer of ..... property act permits such a mortgage only in the towns of calcutta, madras and bombay and such other towns regarding which a notification may have been made.the whole argument proceeds on a misreading of act iii of 1951. this act called the part b states (laws) act, 1951, makes certain alterations in a number .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1985P& H287
..... the standard rent. this argument was negatived by the court and it was held that the enactment of the proviso in s. 168 of the calcutta municipal corporation act, 1951 did not alter the law and by the addition of the proviso, the meaning of the expression 'gross rent at which the land or building might reasonably be ..... 151) by contending that that decision was based on the interpretation of s. 127(a) of the calcutta municipal act, 1923 while the provision which fell for interpretation in this case was s. 168 of the calcutta municipal corporation act, 1951 which was different from s. 127(a), in that it contained a proviso that 'in respect of any ..... the assessing authority would, in either case, have to arrive at its own figure of the standard rent by applying principles laid down in the delhi rent control act, 1958 for determination of standard rent and determine the annual value of the building on the basis of such figure of standard rent..........................'.this case was followed by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H53
..... which have been canvassed in this appeal, it would be necessary briefly to set out the purpose and the underlying provisions of the evacuee interest (separation) act, 1951, so far as they are germane to the present inquiry. according to the objects and reasons, the legislation was intended to provide an expeditious method for ..... be no manner of doubt that allau-uddin having become an evacuee, the property has become composite under the provisions of evacuee interest (separation) act, 1951 (hereinafter to be referred to as he act). on 24th of september, 1952, jamna devi, as the surviving heir of narain dass, made an application to the competent officer under ..... 'evacuee interest' to show that the important determining factor was the mortgage deed itself. the definition of 'evacuee interest' under clause (e) of section 2 of the act is important. 'evacuee interest,' in relation to a composite property, means the right, title and interest of an evacuee in that property. it seems to us that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1990)DMC163
..... the voters' lists are prepared, wherein it is enjoined on the author to record the relationship. even otherwise, under section 36 of the representation of people act, 1951, the voters' list has been made the conclusive evidence only to the effect that the person referred to in the entry is an elector of the ..... no evidence, much less reliable to hold that any marriage was solemnised between the appellant and the respondent either according to hindu rites, custom or hindu marriage act or by even chaddar-andaji.39. the counsel for the appellant urged that the birth certificate exhibit p. 5 voters' list exhibit p. 6 corroborated by ..... impugned the judgment and decree of the additional district judge, ludhiana, declining the petition of the appellant for restitution of conjugal rights under the hindu marriage act (hereinafter called the 'act').2. the appellant claimed, she and the respondent were hindus and married at ludhiana on december 22, 1976, according to hindu rites. a daughter was .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H451
..... of the annexures to the petition. the defect is a defect of presentation of the petition within the meaning of section 81 of the representation of the people act, 1951 (hereinafter called the act), and also as required by the rules framed by this court in this behalf; and 2. that the petition merits dismissal on the ground that no ..... issue (framed by me on may 27, 1971):--'whether the petitioner has presented the petition in the manner prescribed by section 81(3) of the representation of the people act, 1951; if not, what is its effect?'5. the facts relevant for deciding this issue may first be noticed briefly. in paragraph 4(a) of the petition reference is ..... of the constitution. rule 16 of the 'rules of procedure and guidance in the matter of trail of election petitions in part vi of the representation of the people act, 1951,' framed by this court requires the registry of the court to issue notice of an election petition 'accompanied by a copy of the petition together with copies of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1994]79CompCas74(P& H)
..... the stipulated interest. the petitioner defaulted in making payment of the instalment of loan. the respondent filed an application under section 31 of the state financial corporations act, 1951 (for short, 'the act') on july 19, 1983. the application was allowed by the learned additional district judge, chandigarh, on april 2, 1985. the united bank of india ..... 1. the petitioner has moved this court for issuance of a mandate to the respondent not to proceed against it under section 29 of the state financial corporations act, 1951, in this petition under article 226/227 of the constitution of india.2. the petitioner moved the respondent for a loan of rs. 15 lakhs in the ..... against the defaulting industrial concern the financial corporation has got the two remedies available to it, one under section 29 and another under section 31 of the act, once the chqice is made and necessary steps are taken, which in this case have culminated in the passing of a decree, the financial corporation cannot .....
Tag this Judgment!