Court : Punjab and Haryana
Decided on : Sep-08-1993
Reported in : (1994)106PLR164
..... argument of mr. mittal that land of the petitioners was required to be excluded from acquisition because the petitioners also intend to set up an industry. the judgment in bal rant singh's case (supra) is of no help to mr. mittal because in that case, the residential building was excluded from acquisition as in the facts and ..... the purpose being the same, the land of the petitioners ought to have been excluded from acquisition. for this, he referred to a judgment reported as union of india v. bal ram singh, 1992(2) suppl. s.c.c. 136; and(iii) that the petitioners have never been paid, till date, any compensation on account of acquisition and, thus ..... as industrial area in sectors 31, 32,35 and 36, tehsil ballabgarh, district faridabad. this notification was allowed to lapse. a fresh notification under section 4 of the act was published in the gazette dated 4.11.1977, whereby almost the same land situated in the revenue estates of meola maharajpur and sarai khwajha was sought to be acquired .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-04-1993
Reported in : (1993)104PLR552
..... carried oh as trade or business. the only exemption from 'industry' which has been provided is to be constitutional inalianable crown's function or sovereign acts. sovereign acts alone have been exempted from the definition of 'industry'. while applying the said test it was observed that the maintenance of the street in the ..... this sub clause, 'agricultural operation' does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the plantation labour act, 1951 ; or(2) hospitals or dispensaries ; or(3) educational, scientific, research to training institutions; or(4) institutions owned or managed by organisations wholly or ..... in all the writ petitions can be itemised as under :-(i) whether haryana urban development authority is an industry' as defined under the industrial disputes act ?(ii) whether there is any limitation prescribed for raising an industrial dispute ?(iii) whether the labour court has jurisdiction to determine the legality of retrenchment .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-12-1993
Reported in : I(1994)DMC319
..... the respondent-husband to secure company of his wife proved abortive, he successfully maintained an application for restitution of conjugal rights under section 9 of the hindu marriage act. the appellant-wife having not met with any success pleads for setting aside of the decree in this appeal under clause x of the letters patent with ..... husband who was branded as drunkard and also physical beatings of and on. sub judge 1st class muktsar exercising the powers the district judge under the hindu marriage act, after recording evidence of the parties came to a firm conclusion that the wife had parted the company of the husband without any sufficient cause. this finding ..... same.3. before we part with the judgment it requires to be mentioned that the appellant had filed an application under section 24 of the hindu marriage act for maintenance pendente lite and litigation expenses and the said application was ordered to be listed for hearing alongwith the main case. in view of the averments made .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-21-1993
Reported in : (1994)106PLR95
..... document which comes into force after the death of executant. this special document requires a special mode of proof, as required under section 63 of the indian succession act. the proponder of the will is also expected to remove all suspicions attached to its execution. with this background of law, the evidence produced in the present ..... the lower appellate court referred to rule 3(2) of the punjab document writers licensing rules, 1961, framed under section 69(1)(bb) of the indian registration act to the effect that a document presented for registration must be written by the licensed document- writer or by the executant himself. there is no merit in this contention ..... such a rule which prohibits documents scribed by advocates who have been duly enrolled for practice in law by the bar council under the provisions of the advocates' act, suffice it to say that the practice of law is not limited only to the advocates' appearance and arguing cases in courts or tribunals or semi quasi-judicial .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-23-1993
Reported in : (1994)106PLR50
..... to acquire property on which construction is made but if such a property is acquired and acquisition has been made in accordance with the provisions of the act then this court shall not normally interfere in the discretion exercised by the acquiring authority unless it is shown that discretion has been used with ulterior motive ..... of the state govt. not to acquire land on which construction has been made. it has further been stated that objections filed under section 5a of the act were duly considered and rejected and the petitioners have not been discriminated as alleged; that the government can acquire land on which construction has been raised and ..... about 55 acres was left out of the purview of acquisition issued under section 6 which was earlier included in the notification issued under section 4 of the act. the land belonging to the petitioners was there in the purview of acquisition, therefore, the petitioners have filed the present writ petition stating therein that there is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-11-1993
Reported in : AIR1994P& H56
..... setting up of an urban estate at panchkula consisting of residential and commercial areas and idnetified as sector-9. the notifications under ss. 4 and 6 of the land acquisition act, were issued on may 26, 1981 and january 10, 1983, respectively while the award consequent thereto was rendered in 1984-85. the petitioner moved an application before the respondents on .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-22-1993
Reported in : II(1993)ACC696; 1994ACJ274; (1993)104PLR515
K.P. Bhandari, J.1. This judgment will dispose of F.A.O. Nos. 254 of 1985 and 143 of 1985 as they both arise out of the same judgment.2. Inderjit Ohri, Tarsem Lal Singla. Ms. Manjeet Maunder were travelling in the same car. The car was coming from Delhi to Patiala. The accident took place on February 27, 1981 at about 1.45 P.M. on the G. T. Road, near bus stop of Sham Garh on Ambala side In this unfortunate accident Inderjit Ohri and Tarsem Lal Singla, occupants of the car were killed. The appellant-claimants, Leela Ohri, widow, Rajiv Ohri and Sanjeev Ohri, sons, and, Ms. Reeta Amar, daughter of the deceased filed claim for compensation The deceased, Inderjit Ohri, was serving as Under Secretary in the Punjab State Electricity Board He had the prospect of getting promotion upto the rank of Deputy Secretary in the ordinary course Claim petition was contested by the respondents No. 1 to 4. They filed separate written statements. The Tribunal allowed a claim of Rs. 1,43,917/-. The Tribuna...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-02-1993
Reported in : (1993)104PLR609
..... is another aspect of the matter. the petitioners have challenged the order of the commissioner (appeals) jullundur division who exercises the powers of revisitn under the act. they are also aggrieved by the action of the respondents in upholding the enrolment of the 48 persons as members of the society. neither the authority ..... the revisional authority after noticing the contentions raised by the petitioners held that the administrator was not competent to enroll new members under the provisions of the act. it further observed that 'however, continuance of these enrolled members as such for more than 36 years gives them right as the membership was not challenged ..... 48 persons named therein 'are members of the budhlada scheduled caste land owning society ltd. as per bye-laws and provisions of the punjab co operative societies act, 1961' (hereinafter referred to as the society) aggrieved by this order, to petitioners filed an appeal which was dismissed by the assistant registrar, co operative .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-05-1993
Reported in : (1994)106PLR128
..... in regard to the maintainability of the appeal. the petition for grant of a probate has been filed under section 273 of the indian succession act (hereinafter called the act). section 295 of the act provides that in any case before the district judge in which there is contention, the proceedings shall take, as nearly as may be, the ..... now consider the contention raised by the learned counsel for the appellant. learned counsel for the appellant in support of his submission has relied upon section 247 of the act and his contention is that art administrator cannot, during the pendecy of any suit, touching the validity of the will, have a right or power to distribute ..... is wholly illegal. there is a clear distinction between an executor and an administrator appointed by the court during the pendency of the suit. section 247 of the act deals with a situation where no executor is appointed under the will and the court is empowered to appoint an administrator in order to manage the estate. this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-18-1993
Reported in : (1994)106PLR627
..... on 4.1.90 for the date 31.1.90, along with the photostat copy of the of the petition under section 13 of the east punjab urban rent restriction act, 1949, dated 11.12.89 stood duly effected upon the judgment debtors separately on 8.1.90, as per the endorsement appearing on the front of the said summons, yet ..... premises described as shop-cum-office no. 18, sector 26, chandigarh. the respondent-landlord filed a petition under section 13 of the east punjab urban rent restriction act, 1949, (hereinafter referred to as the act) for eviction of the petitioners. vide order dated december 15,1989, the learned rent controller directed - 'petition be registered. notice to the respondent be issued for 31 .....
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