Court : Punjab and Haryana
..... verdict on legal questions, based on the admitted facts, rendered by the rent controller while deciding the petition under section 13-a of the haryana act, the revisionist-tenant has brought the matter before this court even though he has not disputed the facts or the issues, which clearly did ..... sons or any of them suing alone without joining a widow co-landlord as party to the proceedings may institute a suit before a civil court under section 12 of the act, pleading that the nonresidential premises were required bona- fide by them or any of them for the purpose of continuing or starting their own or his own business as they ..... year prior to or after the date of his retirement or within one year from the date of commencement of haryana urban (control of rent and eviction) amendment act, 1990, whichever is later, on the ground mentioned in sub- clause (i) of clause (a) of sub-section (3) of section 13, the same shall be dealt with in accordance with the procedure specified in this section. . 10. ..... act, 1949 (for short, the punjab act) ..... section 13(3) (a)(i) of the haryana act as under: (3) a landlord may apply to the controller for an order directing the tenant to put the landlord in possession- (a) in the case of a residential building, if, - (i) he requires it for his own occupation, is not occupying another residential building in the urban area concerned and has not vacated such building without sufficient cause after the commencement of the 1949 act in the said urban area. .....
Tag this Judgment!Court : Punjab and Haryana
..... revision petition preferred under section 15(5) of the east punjab urban rent restriction act, 1949 (for short, the act), challenge has been made to order dated 16.2.2013 of the rent controller, ludhiana passed in a petition under section 13-b of the act whereby application of the petitioner-tenant filed by him under section 18-a of the act for seeking leave to contest the petition was declined and the petition of ..... very well maintain the petition for ejectment for benefit of all co- owners even though they do not come within the ambit and scope of an nri qua the petition under section 13-b of the act, as is indicated in section 2(dd) of the act, which provision for ready reference is appended as below: (dd) "non-resident indian" means a person of indian origin, who is either permanently or temporarily settled outside india in either case - ..... mentioned that though the order regarding dismissal of application for leave to defend preferred by the petitioner-tenant kuldeep singh (now deceased and represented by his lrs) under section 18-a of the act on 16.2.2013 has been challenged by them in this revision petition, the petitioners preferred not to file copy of the application for leave to defend as annexure with this petition, depriving ..... singh (now represented by his lrs) has urged that since the ground taken in the said application under section 18-a of the act had been set out in the impugned order itself, no prejudice has been caused to the landlord because of non-filing of copy .....
Tag this Judgment!Court : Punjab and Haryana
..... bharat bhushan parsoon, j.a petition under section 13(b) of the east punjab urban rent restriction act, 1949 (for short, the act) filed for eviction of the tenant on 17.7.2012 by the petitioner-landlord is pending adjudication before the rent controller, chandigarh, which is at the initial stage.2. .....
Tag this Judgment!Court : Punjab and Haryana
..... the petitioners in this revision petition are respondents no.4 and 5 in the petition pending adjudication for eviction of the tenant (respondent no.3) under section 13 of east punjab urban rent restriction act, 1949, on the ground of subletting. .....
Tag this Judgment!Court : Punjab and Haryana
..... the petitioner is a landlord who has initiated proceedings against the respondent under section 13 of the east punjab urban rent restriction act, 1949 (hereinafter referred to as the act) seeking his eviction on various grounds including non-payment of rent. .....
Tag this Judgment!Court : Punjab and Haryana
..... respondents had filed the ejectment petition under section 13 of the east punjab urban rent restriction act, 1949 seeking ejectment of the petitioner on the grounds of personal necessity as well as arrears of rent. .....
Tag this Judgment!Court : Punjab and Haryana
..... in the meanwhile, guidelines of the reserved bank of india dated 3.9.2005 were issued under the banking regulation act, 1949, which provided for guidelines on one time settlement scheme for small and medium enterprises (sme) accounts for recovery ..... in the appeal, the appellant- bank had taken an objection with regard to maintainability of the writ petition in this court on the ground that an effective alternative remedy under the 2002 act being available to respondent no.1, which has not been availed of at the firs.instance, apart from the appellate forum, which would also be available prior to approaching this court. ..... the writ petition of respondent no.1 also deserves rejection on the ground that the said respondent had an effective alternative remedy under the 2002 act as has been explained by the hon'ble supreme court in mardia chemicals limited and others versus union of india, (2004) 4 scc311 which judgment is ..... cases on which the banks have initiated action under the securitisation and reconstruction off financial assets and enforcement of security interest act, 2002 and also cases pending before courts/drts/bifr, subject to consent decree being obtained from the courts/drts/bifr. ..... if the petitioner had any grievance with regard to the proceedings initiated under 2002 act and the consequential sale that took place by auction, which was duly confirmed on 39.9.2006 after the decision of s.a.no.18 of 2005 dated 22.8.2002, which was preferred by the coparceners of respondent no.2 .....
Tag this Judgment!Court : Punjab and Haryana
..... manner affects any right or interest of the borrower(s) cwp-13233-2012 (o&m) 7 (customer).further, there is no prohibition in the br act, 1949 in the bank transferring its assets inter se. ..... in view of this provision of law, any application filed under section 17(1) of the sarfesi act arising from the action taken by the bank under section 13(4) of the sarfesi act would naturally be confined to the enforcement of security interest and any interim order would, thus, have to ..... counsel endeavoured to take us through the scope of different provisions of the sarfesi act even though we repeatedly emphasized that the scope of scrutiny of this court would only be qua the lis before us i.e.whether there was any violation of cwp-13233-2012 (o&m) 4 the order dated 18.11.2009 by the central bank of india in its act of assignment of the debt to iarc limited as per the assignment deed ..... 2009, after hearing both the parties, it was directed that there shall be a stay of all further proceedings of the 1st respondent under the provisions of the sarfesi act till further orders .the reference to respondent no.1 was to the authorized officer, central bank of india. ..... to include any other proceedings other than envisaged under section 13(4) of the said act and the assignment of debt under section 5 of the said act, thus, would not fall within the purview of the interim order. ..... the practice of assigning or 'selling' debts to debt collecting agencies and credit factors could hardly be carried on if the law .....
Tag this Judgment!Court : Punjab and Haryana
..... therefore, it has become necessary to institute legal proceedings and because she was unable to attend herself she was appointing her grandson mandeep singh bindra son of jasbir singh bindra as her lawful attorney to do all acts, deeds and things in her name and on her singh rattan pal 2013.09.19 16:07 i attest to the accuracy and integrity of this document high court, chandigarh civil revision no.3516 of 2013 (o&m) 21 behalf which also includes ..... are crystalised as under: (i) the words 'for his own use' as occurring in section 13(3)(a)(ii) of the east punjab urban rent restriction act, 1949 must receive a wide, liberal and useful meaning rather than a strict or narrow construction. ..... would cover the requirement of any person(s) closely connected to the landlord/landlord as per the social or socio-religious milieu and practices prevalent singh rattan pal 2013.09.19 16:07 i attest to the accuracy and integrity of this document high court, chandigarh civil revision no.3516 of 2013 (o&m) 29 in a particular section of society or a ..... casting its judicial verdict, the court shall adopt a practical and meaningful approach guided by the realities of life. ..... the requirement of any person closely connected to the landlord as per the social or socio-religious milieu and practices prevalent in a particular section of society or a particular region. ..... be assigned a wider, liberal and practical meaning; in the following terms: ..... of the petitioner sh.jasbir singh bindra is a practicing advocate. .....
Tag this Judgment!Court : Punjab and Haryana
..... while passing the impugned order, the rent controller has held that the respondent-landlady is an nri within the meaning of provisions of section 13-b of the east punjab urban rent restriction act, 1949 (hereinafter referred to as, the rent act ) and the question of having any additional accommodation with her husband does not arise at all as it is the specific case of the respondent-landlady that she requires the demised premises for the purpose of ..... singh rattan pal 2013.09.17 12:42 i attest to the accuracy and integrity of this document high court, chandigarh civil revision no.929 of 2013 (o&m) 5 dependency of the husband is not financial dependency and in the context of the rent act, it is dependency for the building and he being a member of the family of the respondent-landlady, his requirement was the requirement of the landlady for her own use and occupation. ..... keeping in view the social or socio- religious milieu and practices prevalent in a particular section of society or a particular region, to which the landlord belongs, it may be obligation of the landlord to settle a person closely connected with him to make him economically independent so as to support himself and/or the ..... it may further be noticed that in a petition filed under section 13-b of the rent act, it is not a requirement of law that the landlord should not possess any other alternative accommodation and should not have vacated any such ..... expression must he assigned a wider, liberal and practical meaning. .....
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