Court : Punjab and Haryana
Reported in : AIR2001P& H1
..... against the order of moratorium dated september 30, 1996 as well as the draft scheme framed by the rbi under section 45(4) have to be considered by the central government under section 45(7) of the act in the light of the comments that are made by the rbi on the said objections', their lordships were also pleased to observe that the apprehension of the petitioner that the 'said objections will ..... the order of moratorium dated 30.9.1996 as well as the draft scheme framed by the reserve bank of india under section45(4) had to be considered by the central government under section 45(7) of the act in the light of the comments that are made by the rbi on the said objections and that the apprehension of the petitioners that the said objections will not be considered by the central ..... the orders of moratorium dated september 30, 1996 as well as the draft scheme framed by rbi under section 45(4) have to be considered by the central government under section 45(7) of the act in the light of the comments that the made by rbi on the said objections and that the apprehension of the petitioners that the said objections will not be considered by the central government is ..... while considering this question, the fact that the banking companies act, 1949 was passed predominantly to safe-guard the interests of the ..... of the act was later changed to the banking regulation act, 1949, the ..... bank of india had filed an application under section 45(1) of the banking regulation act, 1949 seeking an order of moratorium. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1990)97PLR541
..... the respondent filed an application for the ejectment of the petitioner from the said house by filing an application under section 13 of the east punjab urban rent restriction act, 1949 (for short the act) as applicable to the union territory of chandigarh on the ground that the petitioner had failed to pay or tender rent for the period 112-1983 to 30 4 1985. ..... in one out of these three applications an order of ejectment was passed by the rent controller the petitioner filed an appeal under section 15(l)(b) of the act and the same is still pending in the court of shri s. r. ..... additional district judge, chandigarh exercising the powers of the appellate authority under the act.3. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)137PLR834
..... this is tenants petition filed under section 15(5) of the east punjab urban rent restriction act, 1949 (for brevity, 'the act') challenging concurrent findings of facts recorded by both the courts below holding that the tenant-petitioners have failed to make payment of rent as assessed by the rent controller vide ..... the case necessary for disposal of the instant petition are that the landlord-respondent filed an ejectment petition on 28.11.2002 under section 13 of the act seeking ejectment of the tenant-petitioners inter alia on the ground that the tenant-petitioners had taken the demised premises on rent on 1.8.1993 on an ..... the court said that if the rate of rent is not fixed or becomes the subject matter of dispute, the tenant may have resort to section 4 of the act and apply to the controller to fix the fair rent failing which he must deposit the rent at the rate as demanded by the landlord if there is any dispute as to the period ..... (2) the proviso to section 13(2)(i) of east punjab urban restriction act, 1949 casts an obligation on the controller to make an assessment of: (i) arrear of rent, (ii) the interest on such arrears, and (iii) the cost of application and then quantify by way of an interim or provisional ..... ' the court felt the need for striking a balance between the two situation so as not to render the protection given by the act to the tenant illusory, and at the same time not to deprive the landlord of his minimum legitimate expectation to be paid regularly the rent for .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)142PLR61
..... this revision petition has been filed against the order dated 27.4.2005, passed by the appellate authority under the east punjab urban rent restriction act, 1949 (act, for short), whereby the appeal of the tenant-petitioner against the order of his ejectment, passed by the learned controller on 2.5.2003 has been ..... in the case of phiroze bamanji desai (supra), referred to by the learned counsel for the petitioner, observed while interpreting the word 'requires' in section 13(1)(g) of the bombay rents, hotel and lodging houses rates control act, 1947, that there must be an element of need and not mere desire before a landlord can be said to require the premises for his own use and occupation. ..... . besides, it may be noticed that the eviction in the case in hand has been passed in terms of section 13(3)(a) of the act and sub-section (4) of section 13 of the act enjoins that where a landlord who has obtained possession of the building or rented land in pursuance of an order under sub-paragraph (i) or sub-paragraph (ii) of paragraph (a) of sub-section (3) does not himself occupy it for a continuous period of ..... . bibi zubaida khatitn, : air1995sc576 , which was a case under the bihar buildings (lease, rent and eviction) control act, considered the question where the landlords asserted that there was no other means of livelihood with them and as such they wanted to set up their own business in the premises ..... two expressions are interchangeable in practice and carry the same meaning. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H147
..... doubt neither cut down or restrict nor extend or enlarge the enacting part, when the language, scope and object of such part are clear and unambiguous, the preamble not being an essential or integral part of an act but at the same time the preamble, where it exists has always been described to open the mind of the makers of the law and it constitutes a good means of finding out the meaning of the statute ..... : (1) where any person to whom the provisions of this section apply, is in lawful possession of any immovable property of the class notified under sub-section (2), which is transferred to another person under the provisions of this act, then, notwithstanding anything contained in any other law, such person shall without prejudice to any other right which he may have in the property, be deemed to be a tenant of the transferee on the same terms and ..... eject the judgment-debtor in execution of the decree because the tenant could not be ejected otherwise than by an order passed by the rent controller under s.13 of the rent restriction act, mentioned above, and that the civil court had no jurisdiction to eject the judgment-debtor in execution of its decree. ..... to its logical conclusion i cannot but hold that the provisions of the punjab rent restriction act are not intended by the parliament to control the matter of rent of and eviction from the ..... application in the executing court under s.47, civil procedure code, read with s.13(1) of the east punjab rent restriction act 1949, and s. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)126PLR282
..... where any person to whom, the provision of this section apply, is in lawful possession of any immovable property of the class notified under sub-section (2) which is transferred to another person under the provisions of the act, then notwithstanding anything contained in any other law, such person, shall, without prejudice to any other right which he may have in the property, be deemed to be a tenant under the transfer on the same terms ..... since the property in dispute was urban property it was covered by the rent restriction act, 1949, and as such, civil suit for ejectment was not at all maintainable and if any decree has been passed by the civil ..... dismissed with the clear observations that it will not prevent the petitioner to file an ejectment application against the respondents under the east punjab urban rent restriction act, 1949, and to obtain a valid order against the legal heir of the tenant. ..... , even on consent, is not executable because the ejectment order has not been passed by the rent controller under east punjab urban rent restriction act, 1949 and in view of the specific bar of section 13(1) such a decree is not enforceable. ..... admitted fact that the property in dispute is situated within the municipal limits of gurdaspur and as such, it is governed by the provisions of east punjab urban rent restriction act, 1949. ..... in dispute is situated within the municipal limits of gurdaspur and as such, it is governed by the provisions of east punjab urban rent restriction act, 1949. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H309
..... 'apprehension' has not been used in the statute or statutory rule under the authority of which he has been taken into custody.the fact, therefore, that the word 'arrest' does not appear in the act of 1949 and the fact that the police officer is merely empowered to take an abducted person into custody, do not alter the fact that the person who is so apprehended and taken into custody has in fact ..... the right of life and personal liberty (article 21) subject to the limits imposed by article 22, and the right to property (article 31) have been left practically to the legislature, and it is thus open to the legislature to enact a measure depriving a person of his right to life, personal liberty and of ..... if, for example, a person who has a right to practice any profession in any part of the country is prevented from carrying on his practice in, say, the province of bombay, his right to practise is ..... hand, he is directed to leave the country altogether that would not be 'restriction' on the exercise of the right of practice but a 'prohibition' on the exercise of the said right. ..... for all practical purposes therefore it seems to me that a person who is 'conveyed out' of india under the provisions of section 7 is deprived of the rights guaranteed to her by article 19(1)(g) ..... 3 has no practical bearing on the ..... was interpreted by american courts to mean that legislation involving the taking of life or property must do the taking in accordance with accustomed legal forms and practices; i.e. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1987P& H81
..... although not falling within sub-clause (i) or sub-clause (ii) is declared by a general or special order made by the state government in this behalf as a person practising the modern scientific system of medicine for the purpose of this act; or x x x x x x'' by thc said 1972 amending notification, the expression excluding the homeopathic system of medicine' was added at the fagend of sub-clause (ii) of the said clause and the expression other than a registered ..... and who proved to the satisfaction of the registrar within a period of 18 months from the commencement of 1903 act that they were in practice as practitioners on the first day of august, 1963 and would be entitled to have their names entered m part ii of the register in view of provisions of ..... under the last punjab ayuavedic and unani practitioners act, 1949 and the pepsu ayurvedic and unani practitioners act, 2008 bk. ..... in part i or part ii of the register maintained under the fast punjab ayurvedic and unani practitioner us act 1949 or the pepsu ayurvedic and unani practitioners act, 2008 bk. ..... ayurvedic and unani practitioners act, 1949 or under s. ..... cosmetics rules, 1945 (for short to bc referred as 'the drug rules') made under the; provisions of the drugs and cosmetics act, 1940, hereinafter referred to as the 'drug act', the government of punjab has declared all vaids and hakims who had been registered under the last punjab ayurvedic and unani practitioners act, 1949, the pepsu ayurvedic and unani practitioners act, '' bk. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR400
..... situated within the limits of urban areas and the protection of tenants against mala fide attempts by their landlords to procure their eviction' would be there even after 14.8.1949, namely, with the punjab urban rent restriction act, 1947 was to expire, it was felt expedient to enact the afore-mentioned law so as 'to restrict the increase of rent of certain premises situated within the ..... municipal, town or notified are committee; and(j) 'urban area' means any area comprised in chandigarh, as defined in clause (d) of section 2 of the capital of punjab (development and regulation) act, 1952 (punjab act xxvii of 1952) and includes such other area, comprised in the union territory of chandigarh as the central government may, having regard to the destiny of the population and the nature and extent of ..... depreciation due to inadequate maintenance as the rents remained frozen but the cost of maintenance increased continuously;(d) the frozen rent led to the emergence of practice like key money'; the widening divergence between the interests of landlords and the tenants increased litigation as well as crime.12. ..... act remained de facto inapplicable of union territory of chandigarh as either there existed no building in the union territory of chandigarh constructed prior to the year 1939 or the procedure laid down for fixation of fair rent and/or increase in the fair rent thereby giving some solace to the landlords of chandigarh, is so cumbersome that it also remained practically inoperative .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H110
..... it is necessary, in the absence of a contract to the contrary, to terminate a monthly tenancy by notice under section 106 of the transfer of property act before instituting ac action under section 13 of the east punjab urban rent restriction act (3 of 1949), inasmuch as the said punjab act does not absolve a landlord from the obligation of serving the requisite notice and does not take away from the tenant a perfect defence of his not ..... here that section 7 of the 1946 madras act was for all practical purpose pari materia with section 13 of the punjab act of 1949 with which we are concerned. ..... of ejectment to the petitioner (hereinafter referred to as the tenant) on july 26, 1965, before presenting an application to the rent controller for ejectment under section 13 (3) (a) (i) of the east punjab urban rent restriction act (3 of 1949) (hereinafter referred to as the act) on august 27, 1965, and that the contractual monthly tenancy of bhaiya ram tenant had not been terminated any earlier by any other notice. ..... and need not be recapitulated any detail:-(i) whether an ejectment application under section 13 of the east punjab urban rent restriction act (3 of 1949) can be field without the prior issue of notice under section 106 of the transfer of property act, 1882; (ii) whether the objection regarding non-issue of a notice under section 106 of the transfer of property act can be waived by the tenant; and (iii) whether objection as to the validity of the notice can be waived .....
Tag this Judgment!