Court : Punjab and Haryana
Reported in : AIR1980P& H27
s.s. sandhawalla, c.j. 1. the galaxy of the learned counsel appearing for the parties in this set of fifty-three regular first appeals are agreed that the issues of law and tact are so substantially common, it not identical, that all these appeals may be disposed of by a single judgment.2. by a notification under section 4 of the land acquisition act dated 6th sept. 1988, published in the government gazette 23rd sept. 1968. an area of 248.30 acres was sought to be compulsorily acquired for the public purpose of the planned development of sector 16 of the new industrial township of faridabad. the consequential notification under s 8 followed and in the subsequent proceedings the collector rendered his award on the 20th jan. 1988, whereby he classified the whole of the area aforesaid into three categories, a, b and c and then proceeded to further subdivide each category into three kinds as shown in the following table (see table) class cultivated banjar land. ghair-mumkin. category a rs. 605/- rs. 400/- rs. 180/- category b rs. 380/- rs. 200/- rs. 120/- category c rs. 190/- rs. 152/- rs. 100/- it is manifest from the above that the collector considered the whole land as agricultural and assessed its market value primarily 0n its quality as agricultural land he further awarded compensation for the buildings, wells,. trees and henna plants (for which the land in question seems to be particularly suited) in existence on the land in dispute primarily in accordance with the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2000P& H134; (2000)124PLR755
orderv.s. aggarwal, j. 1. petitioners basant ram and others have filed the present revision petition directed against the order of the learned rent controller, karnal dated 5-3-1999. by virtue of the impugned order, the learned rent controller allowed the application filed by the respondents for restitution of the possession. the petitioners were directed to restore and hand over the vacant possession of the premises within two months.2. some of the relevant facts can well be mentioned. one mangal dass had filed a petition for eviction for ejectment of santu ram alias basant ram. on 9-10-1993 the eviction application was allowed ex parte by the learned rent controller. santu filed the application for setting aside the ex parte ejectment order. the same was dismissed on 27-1-1997. aggrieved by the dismissal of the application seeking setting aside of the ex parte order, an appeal was preferred. on 25-9-1998 the learned appellate authority had set aside the ex parte order of eviction and accepted the application. during the pendency of the appeal, the landlord who filed the petition for eviction had sold the property. the learned appellate authority had remanded the case to the learned rent controller to decide the eviction application on merits. it appears that an application was made on behalf of the original landlord-owner withdrawing the eviction application. respondents 1 to 4 filed an application under section 144 of the code of civil procedure against the petitioners .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1996)DMC127; (1995)111PLR364
sarojnei saksena, j.1. the appellant-husband has filed this appeal under section 28 of the hindu marriage act, 1955 (in short 'the act') against the wife-respondent, as his petition filed under section 13(1)(ia)(ib) of the act was dismissed by the trial court, vide judgment dated 13.3.1991.2. the petitioner-appellant's case in the lower court was that he was married to the respondent on 7.12.1974 at pundri. she gave birth to two sons in 1975 and 1976 respectively. both the children are residing with the respondent at pundri where she is employed as a teacher. he is employed in cement factory and is posted at charkhi dadri. the respondent lived with him upto 8.7.1976. during her stay in the matrimonial home she treated him with cruelty. she used to stay with him at charkhi dadri intermittently during vacations, holidays or by taking leave. she was never respective to him. she made his life a hell and gave him mental strain and frustration as she refused to perform her matrimonial obligations. while leaving the matrimonial home on 8.7.1976 she has taken away all her jewellery and cash of rs. 1000/- with an intention to permanently severe the matrimonial tie. he made several attempt to bring her back but every attempt proved abortive. he filed a petition for restitution of conjugal rights, which was dismissed on 20.8.1977 for want of territorial jurisdiction. thereafter, as she declined to join him he filed a petition for divorce which was decreed on 6.1.1979 but respondent's .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)138PLR147
m.m. kumar, j.1. this is tenant's appeal filed under section 54 of the land acquisition act, 1894 (for brevity 'the act') challenging the order of additional district judge, ambala dated 31.3.1987 holding that the tenant-appellant is entitled to apportionment to the extent of the third share of compensation in respect of the land acquired vide notification issued under section 4 of the act on 30.7.1979.2. brief facts of the case as discernible from the record as well as from the judgment of the additional district judge are that a notification under section 4 of the act was issued on 30.7.1979 for acquiring 50.89 acres of land for the purposes of development of marshy area in between dadupur and tejewala for fish culture. the land acquisition collector announced his award on 21.3.1980 awarding compensation @ rs. 5760/- per acre for banjar salab and rs. 1440/- per acre for gair mumkin land which included solatium. the acquired land included an area of 26 kanals 4 marias belonging to the ownership of panchayat deh. this area in the jamabandis was recorded in cultivating possession of joginder singh the tenant-appellant who was described as co-sharer. both joginder singh as well as panchayat deh asserted their claim to the compensation amount of rs. 18,864/- excluding solatium.3. joginder singh, tenant-appellant produced in evidence documents exs.a1 to a5 copies of jamabandis commencing from 1.968-69 and ex.a6 to a9 copies of khasra girdawaris for the year 1973-74 onwards. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1984)41CTR(P& H)243; [1985]151ITR233(P& H)
madan mohan punchhi, j.1. this is an appeal under section 269h of the i.t. act, 1961, against the order of the income-tax appellate tribunal, chandigarh bench, chandigarh, dated july 31, 1976, preferred by two brothers, mani singh and avtar singh, whose purchased residential house was acquired under chapter xx-a of the act.2. broad facts giving rise thereto are these : a house numbered in the municipal registers as b-xx/693 in gurdev nagar, ludhiana, stands built on khasra nos. 68/20-4 and 20-5 in khata 394/374 terf karabars. the site thereunder was purchased by one santokh singh grewal in 1964, and the house was built thereon in 1965, totally costing rs. 40,000. in december, 1972, the house was sold to the present appellants for an apparent consideration of rs. 80,000. on april 16, 1973, the appellants mortgaged with possession one-half share thereof with one sudesh kumar thapar for an apparent consideration of rs. 45,000. the competent authority, appointed for the purpose under chapter xx-a of the act, issued a notice of acquisition on june 13, 1973, under section 269d(1), which was served on the appellants on june 15, 1973. thus commenced the proceedings.3. the house in question is a single storeyed building. it is built on a plot of land measuring 800 square yards. its covered area is 2,500 square feet. the appellants objected to the acquisition and maintained that the fair market value of the property in question did not exceed the apparent consideration and, in any case .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H19; 1967CriLJ119
gurdev singh, j.1. this is a petition for revision against the order of the additional district magistrate, amritsar, dated 13th january, 1964 (which has been affirmed by the additional district and sessions judge, amritsar, to whom a revision was earlier preferred) whereby a bond executed by the petitioner in the sum of rs. 15,000/- for production of a car, which was stated to be the subject-matter of theft, had been forfeited under section 514, criminal procedure code.2. for proper appreciation of the question involved in the decision of this petition it is necessary to refer to the circumstances in which the bond in question was executed by the petitioner on 20th october, 1962. girdhari lal lodged a report with the police alleging that his fiat car no. w g u 1528 had been stolen. thereupon the police registered a case under section 406 of the indian penal code and in the course of investigation the car was recovered from the possession of sohan singh respondent no. 2 on 27th october, 1962. on 30th october, 1962, the petitioner made an application to the ilaqa magistrate, amritsar, that the car be entrusted to him on superdari on the assurance that he would produce the same before the court or before the police whenever required to do so. the magistrate thereupon ordered that the car be made over to girdhari lal petitioner on executing a bond for rupees 15,000/-. in obedience to this order the same day the petitioner executed the 'bond in question and undertook to produce .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)126PLR378
j.s. narnag, j.1. chandigarh administration issued notification no. 10273-utfi (iv)-78/110 dated 2.1.1979 vide which land/structures and trees were acquired by the u.t. administration for the public purpose defined as 'construction of commercial complex for the notified area committee manimajra'. it may be clarified that the chandigarh administration had also issued notification no. 3957-utf1 (iv)78/10524-a dated 28.6.1978 vide which the land structures and trees in respect of similarly situated area had been acquired meaning thereby for the area in question two notifications had been issued but in any case nothing hinges on that.2. the appellants have not contested the award of the land acquisition collector in respect of the compensation awarded upon acquisition of the land and the structure but the appellants were not satisfied for the compensation awarded to them for fruit bearing trees grown in their respective lands. being not satisfied, reference had been sought under section 18 of the land acquisition act (hereinafter referred to as the act). the enhancement had been sought on the ground that the fruit bearing trees cannot be equated with timber trees and both cannot be treated alike.3. on the other hand, the respondents had taken the stand that the compensation is reasonable and has been rightly and correctly determined on the basis of treating the fruit bearing trees as timber.4. learned district judge declined the reference while relying upon the judgment of this .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)120PLR659
v.k. bali, j.1. m/s shree yamuna paper and board industries, a sole proprietory unit, through its proprietor mr. ashok kumar has filed the present petition under article 226 of the constitution of india for issuance of writ in the nature of mandamus directing respondent no. 1 to place on record the proceedings whereby the tender in favour of respondent no. 2 has been finalised for the sale of the unit of the petitioner. it further seeks a writ in the nature of certiorari so as to quash the proceedings including the finalisation of the tenders in favour of respondent no. 2.2. briefly, stated the facts of the case are that haryana financial corporation, respondent no. 1 sanctioned a loan of rs. 14.50 lacs, to the petitioner's concern on 24.9.1993 for setting up industrial unit of the petitioner. it is the case of the petitioner that electric connection was released by haryana state electricity board on 13.10.1996 and the unit as such started manufacturing on 24.3.1997. on 15.10.1997 the respondent corporation advertised the unit in the newspaper without informing the petitioner about the same. on 29.12.1997 respondent corporation once again advertised sale of unit in punjab kesari and economic times and the case of the petitioner is that it was not informed. the petitioner, however, came to know on 24.1.1998 that negotiations were held on 19.1.1998 by which the unit of the petitioner worth rs. 30 lacs stood offered to respondent no. 2 for a meagre sum of rs. 5 lacs. when .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1990)97PLR662
jai singh sekhon, j.1. this judgment will dispose of r. f. a. nos. 710, 755, 756, 757, 607 and 779 of 1981, as these arise out of the same award of the learned additional district judge, jullundur and rest upon the same evidence.2. in brief, the relevant facts are that in pursuance of the notification published on 20th february, 1976, under section 4 of the land acquisition act, 1894 (hereinafter referred to as the act), the punjab government (industries department) sought to acquire 114.33 acres of land in the revenue estate of the jullundur for setting up an industrial focal point at jullundur. the land acquisition collector vice his award dated 19th november, 1970, awarded compensation of the acquired land by taking into consideration its location vis-a-vis the metalled road as under :-1. first belt (land abutting on g. t.road bye-pass upto the depth of 21karams) ...rs. 120/- per marla.2. und belt (land abutting on bothsides of randhawa masanda link roadupto the depth of 21 karams) ...rs. 165/- -do-3. chahi, nehri, g. m chah, tube-welland g. m. abadi ...rs. 150/- -do-4. bar. ni ...rs. 105/- -do-5. gair mumkin rasta ...rs. 90/- - do -the compensation of the super-structure in existence or of the trees etc. growing on this land was not assessed as by then the evaluation reports of different authorities in this regard were not received. being dissatisfied with the adequacy of the compensation awarded by the learned collector, the landowners claimants successfully sought .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)104PLR579
j.b. garg, j.1. sat dev sethi las challenged his detention order dated 4.9.1992 annexure p-2 issued under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as the 'cofeposa' act') by means of this criminal writ petition moved under article 226 of the constitution of india read with section 482 of the code of criminal procedure.2. briefly, the facts are that sat dev sethi after landing at new delhi, air port, on 13.4.1992 from dubai, was utilising a wheel chair which he had brought along with him. he was accompanied by his minor son. he was intercepted by the preventive officers of the customs department. the wheel chair was cut open before the witnesses and 100 foreign marked gold biscuits of 10 tolas each were recovered from the two hollow cross bars of the chair of the petitioner. his body is downwards crippled and this made him eligible to utilise a wheel chair through he had been working as a pilot in england earlier3. the learned counsel for the respondents has argued that the petitioner was apprehended at new-delhi and gold biscuits were also recovered there and not at chandigarh and that this court had no jurisdiction to entertain the petition. in this regard attention has been invited to gurdeep kaur v. the union of india, 1990 (2) recent c. r. 20 where recovery was made near abmedabad and some enquiiy in that regard was made at mohali in punjab and this court held that the writ petition .....
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