Judgment Search Results Home > Cases Phrase: the kerala stay of eviction proceedings bill 2004 Court: punjab and haryana Page 1 of about 53 results (0.146 seconds)

Satish Kumar Malhotra and Others Vs. State of Haryana and Another

Court : Punjab and Haryana

..... malhotra and after returning from pehowa all the accused persons stayed at karnal at the house of the parents of the complainant and they stated that they have given the flat and cash in fdr to her daughter accused no.4 and also raised the demand from the parents of the complainant to give a flat in the shape of dowry but the father of the complainant shown his inability to give flat in a dowry to the accused persons and thereafter the accused persons again started harassing the complainant by taunting, nagging etc. ..... at ranchi and of the fact that because of their action, she was taken to her parental home at gaya by her husband with a threat of dire consequences for not fulfilling their demand of dowry, we hold that in view of sections 178 and 179 of the code, the offence in this case was a continuing one having been committed in more local areas and one of the local areas being gaya, the learned magistrate at gaya has jurisdiction to proceed with the criminal case ..... this is a report in the suit filed by father-in-law of the complainant for her eviction from the basement portion of the house in greater kailash. ..... 2004 (3) r.c.r. .....

The Muslim Welfare Committee Takia and Others Vs. Punjab Waqf Board an ...

Court : Punjab and Haryana

..... in the aforesaid decision it was held that eviction proceedings can only be decided by the civil court and not by the wakf tribunal. 24. ..... in the cases at hand, the act does not provide for any proceedings before the tribunal for determination of a dispute concerning the eviction of a tenant in occupation of a wakf property or the rights and obligations of the lessor and the lessees of such property. ..... the suit was contested by the respondents on merits and the waqf tribunal decreed the suit on 28.09.2004 granting a decree for a perpetual injunction restraining the jitender kumar 2015.01.19 10:12 i attest to the accuracy and authenticity of this document chandigarh defendant-respondents and their men from interfering in any manner in the administration, management and peaceful possession and enjoyment of the mosque, namely; akkode jumayath palli, the madrassa run by it and all the assets attached to the mosque. ..... the respondents filed civil revision before kerala high court which set aside the judgment of the tribunal holding that suit for injunction is not maintainable before the waqf tribunal by relying upon ramesh gobindram's case (supra). ..... (2) notwithstanding anything contained in sub-section (1), no proceeding under this act in respect of any waqf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit. .....

Smt. Sarabjit Wd/O Sh. Mukesh Kumar Vs. Sh. Piara Lal and anr.

Court : Punjab and Haryana

Reported in : AIR2005P& H237

..... :provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section--(a) if he has ceased ..... minor-- the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are--(a) in the case of a boy or unmarried girl-- the father, and after him, the mother; provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother:(b) in the case of an illegitimate boy or an illegitimate unmarried girl -- the mother, and after her, the father;(c) in the case of a married girl -- the husband ..... balbir singh, learned counsel for the respondent-grand parents has argued that under section 9 of the 1890 act, there is a specific bar created for initiation of proceedings for custody of a minor and such proceedings can be initiated in the district court having jurisdiction in the place where the minor ordinarily resides. ..... the impugned order dated 17-1-2004 is set aside. .....

G.D. Soni Vs. S.N. Bhalla

Court : Punjab and Haryana

Reported in : AIR1959P& H381

..... the most recent case on the subject is in re the kerala education bill, 1957, air 1958 sc 956, and in this case the principle laid down in air 1958 sc 731 has been reproduced with approval as follows : 'x x x x it is now well established that while article 14 forbids class legislation it does not forbid reasonable classification for the purposes of legislation and that in order to pass the test of permissible classification two conditions must be fulfilled, namely,(1) the classification must be founded on an intelligible differentia which distinguishes persons ..... thereupon the landlord in march 1955 filed the present petition out of which these proceedings have arisen for the tenant's eviction on the grounds (1) of non-payment of rent and (2) that the landlord required the premises for his own occupation. 3. ..... from this comparatively brief survey of file legislative history of rent controls of the premises situated in the province or state of delhi, it is clear that the standard rent of premises whether newly constructed or otherwise situated within new delhi and civil lines was determined by the rent controller appointed by the central government from 1939 onwards while the standard rent of all the premises situated within the municipal limits of delhi was determined by courts of law. ..... this control order also restricted the powers of the landlord to evict the tenant but with those pro-visions we are not concerned in the present case. .....

Arshad Ali Vs. Kailash and ors.

Court : Punjab and Haryana

Reported in : (1998)119PLR250

..... were made while the party making them held that character :statements made by:-(1) by party interested in subject-matter - persons who have any proprietory or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; or(2) by person from whom interest derived -- persons from whom the parties to the suit have derived their interest in the subject-matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.13. ..... against petitioner arshad ali and saleem in the petition for eviction filed by the respondents, an order of eviction had been passed under section 13(2)(ii) of the east punjab urban rent restriction act by the learned rent controller, chandigarh, on 2.2.1994 on the ground that the property in question has been sub-let by arshad petitioner to saleem. ..... in this view of the matter we are supported by a decision of this court in state of kerala v. km. .....

J.G. Kohli Vs. the Financial Commissioner, Haryana, Chandigarh and anr ...

Court : Punjab and Haryana

Reported in : AIR1976P& H107

..... 119-a, new colony, gurgaon, the application was resisted on behalf of the writ petitioner on various pleas- it appears that during the course of the proceedings the haryana urban (control of rent and eviction) act came into force on the 27th of april, 1973, and by virtue of section 20-a thereof the pending proceedings were transferred to the court of assistant collector, 1st grade, who exercised the powers of the rent controller. ..... building without sufficient cause after the commencement of the 1949 act in the said urban area; xxxxxxxx (4) the controller shall, if he is satisfied that the claim of the landlord is bona fide, make an order directing the tenant to put the landlord in possession of the building or rented land on such date as may be specified by the controller and if the controller is not so satisfied, he shall make an order rejecting the application; provided that the controller may give the tenant a reasonable time for putting the landlord in possession of the building or rented land and ..... ram chandran, 1970 ren cj 479 (ker), in this case his lordship was interpreting the concept of the bona fide need of the landlord under section 11 (3) of the kerala buildings (lease and rent control) act of 1965. .....

Hardev Singh and anr. Vs. Balwant Singh

Court : Punjab and Haryana

Reported in : (2004)136PLR685

..... of its power under section 15(5), call for and examine the records relating to any order passed or proceedings taken under the act for the purpose of satisfying itself as to the legality or propriety of such order or proceedings and interfere with the same if it is convinced that the rent controller and/or the appellate authority has committed any jurisdictional error or exercised jurisdiction illegally or with material irregularity or the finding/conclusion recorded in the impugned order is perverse or is such which a reasonable ..... confirmed the finding that hardev singh was the tenant of the respondent, the learned appellate authority rejected the argument of the learned counsel for the petitioners that the finding recorded by the rent controller on the issue of sub-letting was erroneous and held;-'no doubt a partnership deed ex.rw1/c was executed between sat pal appellant and hardev singh tenant but it was as rightly observed by the learned rent controller only a camouflage to avoid eviction on the ground ..... who was inducted as tenant in the shop in question, did not contest the allegation of sub-letting; and(b) immediately after execution of the so-called partnership deed, hardev singh left for calcutta and stayed there for six months and after return from calcutta, he joined the service with m/s vishwakarama auto engineering, ahmedgarh which was rival in the business of m/s guru nanak automobile, ..... the matter we are supported by the decision of this court in state of kerala v. .....

Balbir Singh Walia @ Billu (Since Deceased) Vs. Usha Rani

Court : Punjab and Haryana

..... high court chandigarh cr no.1115 of 2012 (o&m) 7 the petitioner is not available to the respondent-landlady and in view of the aforesaid, the rent petition is liable ..... , as such, however, learned counsel for the petitioner has argued before this court that it has come in evidence by way of statement of pw-2 ashok kumar that he has executed an agreement to sell the demised premises with one kallu ram and therefore, the relief as claimed originally has by reasons of subsequent events become inappropriate and cannot be granted and because of the subsequent proceedings, the ground of personal necessity for eviction of saini pushpinder 2013.07.19 11:59 i attest to the accuracy and integrity of this document ..... notice of motion for 25.07.2012 in the meantime, dispossession of the petitioner is stayed. .....

Ravi Parkash and anr. Vs. Chuni Lal and ors.

Court : Punjab and Haryana

Reported in : AIR1967P& H268

..... the learned counsel for the appellants contended that the appellants were competent to execute the two ejectment orders under section 146 of the code of civil procedure which is in the following terms :--'save as otherwise provided by this code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person, then the proceeding may be taken or the application may be made by or against any person claiming under him. ..... as :--'where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree-holder in the decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the court which passed it; and the decree may be executed in the same mariner and subject to the same conditions as if the application were made by such decree-holder :provided that, where the decree, or such interest as aforesaid, has been transferred by assignment, notice of such application ..... the rent controller dismissed the petition on the ground that the decree for eviction has not been transferred in favour of the purchaser, although he was a transferee of the property which was the subject-matter of the decree. ..... further, a bench of kerala high court in chinnan kesavan v. .....

Smt. Amar Kaur Vs. the United Commercial Bank

Court : Punjab and Haryana

Reported in : (1999)122PLR69

..... law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by the special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law ..... 495 of 1957 decided on 10.1.1961 to contend that sections 29(2) and 4 of the limitation act would apply to rent proceedings under the east punjab urban rent restriction act.5. ..... petitioner/landlord lost his case on merits before the rent controllers his petition for eviction filed under section 13 of the east punjab urban rent/restriction act was dismissed on 25.1.1981. ..... learned appellate authority held that appeal was barred by time on the basis of the judgment of kerala high court rendered in jokkim ferauez v. ..... 1974 kerala 162 which in turn had followed the judgments of the hon'ble supreme court rendered in nityanand m. .....