Court : Punjab and Haryana
Reported in : AIR1950P& H162; 1950CriLJ599
..... waa only ordered because the polioe had realised that the case under section 21 in which he was originally arrested could not succeed against him, and there was no material for ordering his detention under the provisions section 3 (1); (2) that of section s (6) of the act of 1949 have not been complied with} and (3) that the provisions of section 3 (4) of the act bad not been complied with and in faot the east punjab government had not even set up the advisory tribunal which under this sub ..... in the circumstances, it would appear that the detention of bhag chand jain is illegal on the double ground that no advisory tribunal as contemplated in sub-section u) has been properly constituted, and that hia case was not referred to the tribunal which does exist within two months of his arreat and detection without the existence of any special reasons for not referring it within the specified period.6. ..... the third of the points listed above on which the legality of the detention of bhag chand jain was challenged was the non-compliance of the provincial government with the provisions of sub-section (4) of section 8 which reads :no person shall, unless the provincial government by special order otherwise directs, be detained in custody or a period exceeding one month. ..... such a reference, the word must be taken in this context to mean in the absence of special reasons or not making a reference within two months. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP85
..... amarnath', : [1954]1scr565 (a), wherein their lordships of the supreme court have laid down that the rent controller and the district judge exercising jurisdiction under the east punjab urban rent restriction act are not courts. ..... state of hyderabad (b)' the high court had to deal with applications for transfer by the accused, who were being prosecuted with 10 others in the court of the special tribunal no. ..... 227 of the constitution is applicable to the court of the special tribunal and the powers of superintendence conferred on the high court are sufficiently wide to include the principles laid down in s. ..... court powers of superintendence over any court or tribunal constituted by or under any law relating to the armed forces.228 : if the high court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this constitution, the determination of which is necessary for the disposal of the case, it shall withdraw the case and may - (a) either dispose of the case itself ; or (b) determine the said question of law and return the case to the court from which the case has been so withdrawn, together with .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC156; [1961]1SCR259
..... relevant articles were :- '(3) notwithstanding the setting up of the two independent dominions of india and pakistan and the creation of new provinces by the indian independence act, 1947, - (1) all proceedings pending immediately before the appointed day in any of the special tribunals specified in column 1 of the schedule to this order shall be continued in that tribunal as if the said act had not been passed, and that tribunal shall continue to have for the purposes of the said proceedings all the jurisdiction and powers which it had immediately before the appointed day; (2) notwithstanding anything contained ..... notwithstanding the creation of certain new provinces and the transfer of certain territories from the province of assam to the province of east bengal by the indian independence act, 1947, - (1) all proceedings pending immediately before the appointed day in any civil or criminal court (other than a high court) in the province of bengal, the punjab or assam shall be continued in that court as if the said act had not been passed, and that court shall continue to have for the purposes of the said proceedings all the jurisdiction and powers which it had immediately before the ..... made on february 25, 1948, and the provisions of the federal court (jurisdiction enlargement) act, 1 of 1950, the federal court must be deemed to have come into existence and must be deemed to have had powers to entertain appeals from the decrees of the high courts as from the appointed day. 20 .....
Tag this Judgment!Court : Delhi
Reported in : 1973CriLJ512; ILR1972Delhi189
..... , as he then was, examined sections 13 and 15 of the east punjab urban rent restriction act of 1949 and held that neither the controller nor the appellate authority under that act was a civil court within the meaning of section 476 of the code, but he did not deal with section 195 thereof. ..... the high court proceeded to find whether the controller and the appellate authority were 'court' or not and observed :- 'allproceedings before the rent controller are of a civil nature and the power to adjudicate upon those matters would have been of the civil courts but for the rent acts which have conferred that jurisdiction on special tribunals like the rent controller and appellate authority under the act. ..... dealing with the provisions contained in the east punjab urban rent restriction act. ..... (18) section 57 of act 59 of 1958 by which act 38 of 1952 was repealed provided that all suits and other proceedings pending at the commencement of the act were to be continued and disposed of in accordance with the preceding act. ..... sales tax act (15 of 1948) was a court or not within the meaning of section 195(2) of the code. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1972Bom123; ILR1972Bom1074; 1971MhLJ1045
..... under the east punjab urban rent registration act (3 of 1949), by s. ..... 107 (1) of the tenancy act, an appeal against the order of the naib tahsildar to the special deputy collector was competent since the cause of action for the appeal arose on 24-1-1967 and, therefore, the revenue tribunal should have decided the revision application in their favour on merits and ought not to have remanded the same to the deputy collector for considering whether the appeal memorandum should be treated as a revision appliciation.4. ..... unfortunately, such a provision was not made in the tenancy act (1958) - may be thought some inadvertent omission - though all other similar orders have been made appealable, with the result that all orders which are passed under section 70 of the bombay tenancy act, 1948, including the order decadency act, 1948, including the order deciding whether a person is a tenant or noting whether a person is a tenant or not, were made appealable in the western maharashtra, whereas a similar order in the vidarbha region was not made ..... he again reiterated in his statement dated 21-4-1966 before the naib tahsildar that he and his father ramji were cultivating the suit fields since 1955 to 1960 continuously on lease basis and they were thus occupancy tenants of the suit fields and as such they were entitled to purchase the rights of the fields on this basis (pages 79 to 81 of the original record), mr. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(3)JKJ82
..... who decided the revision as member of the special tribunal, i am unable to persuade myself to the view that east punjab evacuees act is not in para-materia with the provisions of section 30 and 30-a of the state act because other previsions with regard to the exercise of revisional jurisdiction alone will determine the question involved. ..... their lordships having held that revisional jurisdiction under section 27 can be exercised without relegating the aggrieved parties to the remedy of appeal, the issued in no longer res-integra as section 30-a of state act is identical to section 27 of the east punjab act. 7. mr. ..... ' it appears that section 30-a of our act has been bodily lifted from the east punjab act as is evident from the comparison of the two. ..... as in state act there was a provision for filing the appeal under the east punjab act as well. ..... ' admittedly the petitioners did not file appeal against this order and, therefore, the question whether revision under section 30-a is maintainable- this section is in para-materia with section 27 of the east punjab evacuees (administration of property) act, 1947 which is reproduced below: '27. ..... the petitioners challenged the order of the custodian general before the special tribunal in revision under section 30-a of the evacuees act. 3. ..... special tribunal dismissed the revision petition relegating the petitioners to the remedy of appeal under section 30 of evacuee act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1991)99PLR536
..... under the delhi rent control act observed as under :-'under the rent control law, the special tribunal has to proceed on the basis of relationship of landlord and tenant existing between the parties but a mere denial by the tenant of the tenancy would not suffice to oust the jurisdiction of the special tribunal. ..... happened on account of an illegal order passed by the rent controller purporting to finally disposing of an application filed by the landlady under section 13 of the east punjab urban rent restriction act (hereinafter referred to as the 'act') as applicable in chandigarh as far back as august ..... repudiation of the tenancy, for the purposes of the act, the tenant would continue as such till he is ejected it accordance with the provisions of the act the question as to whether the tenant was in arrears of rent was to be decided after affording an opportunity to the parties to ..... spite of the determination of the tenancy on account of renunciation of the title of the landlord, such a person continues to be a tenant under the act and is liable to be ejected only on the grounds contained in section 13(2) of the act. ..... in such circumstances appeal was not maintainable and it was not expedient to hold further enquiry which ultimately was bound to prove a shere exercise in futility it was observed that the exercising of further enquiry could be undertaken only after doubting the plea of the appellant with regard to the extinction of her tenancy and treating her tenancy as continuing. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR94; 2000(4)KarLJ416
..... the matter arose under the provisions of the east punjab rent restriction act, 1949. ..... the said decisions of this court categorically lay down that where the premises is non-residential and where the landlord had sought eviction in regard to such premises for his own use, on the basis of his special qualifications and where the eviction petition does not refer to the need of the members of the family of the landlord the cause of action will not survive after the death of the landlord and the petition filed under section 21(1)(h) cannot be continued by his legal representatives.11. ..... it was also held that the question as to whether the proceedings for eviction will survive on the death of the landlord will become relevant only when the eviction is sought on the grounds enumerated in clauses (h), (j) and (p); and that even in the case of clause (h), if the landlord pleaded that he required the premises for use and occupation for himself and/or members of the family, on the death of the landlord, the proceedings can be continued by his legal representatives i.e. ..... if a fact, arising after the lis has come to court and has a fundamental impact on the right to relief or the manner of moulding it, is brought diligently to the notice of the tribunal, it cannot blink at it or be blind to events which stultify or render inept the decretal remedy. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker11
..... been determined by the land tribunal, either under section 31 or section 33, the landlord shall be entitled to receive and the tenant shall be bound to pay the rent that was payable immediately before the commencement of this act.explanation:-- for the purpose of this section, 'the rent that was payable immediately before the commencement of this act', in the ease of varamdar, shall mean the average of the share of the landlord in the produce for the three years immediately preceding such commencement, or, where the varamdar was not cultivating the land continuously for the said ..... . indar mani, air 1950 ep 296, a division bench of the east punjab high court said :'now, from the definition of 'lease' in section 105, t. p ..... . section 65 of the act is a special provision regarding the purchase of the rights of a religious, charitable and educational institution of a public nature by a cultivating tenant ..... . we have seen that possession is the continuing exercise of a right, and that although a right is normally exercised by the owner of it, it may in special cases be exercised by someone else .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP50
..... 47) 'where after referring to a number of cases on the point we held that an order made by this court under section 15 (5) of the east punjab rent restriction act. ..... on appeal to the supreme court by special leave, the supreme court held that as the award disposed of finally one of the matters in controversy between the parties, and the decision of the high court dismissing the writ petition amounted to an adjudication on the merits the high court erred in treating the petition for certificate as not maintainable. ..... the controversy in the high court, in proceedings arising under article 226 ordinarily is whether a decision of or a proceeding before a court or tribunal or authority, should be allowed to stand or should be quashed, for want of jurisdiction or on account of errors of law apparent on the face of the record. ..... to judge whether the order is final in that sense it is not always necessary to correlate the decision in every case with the facts in controversy especially where the question is one of jurisdiction of the court or tribunal. ..... but the order would be final if the jurisdiction of a tribunal is questioned and the high court either upholds it or does not. ..... the high court is moved to intervene and to bring before itself the record of a case decided by or pending before a court or tribunal or any authority within the high court's jurisdiction. .....
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