Court : Supreme Court of India
Reported in : AIR2003SC2151; (2001)9SCC480
..... been dispossessed by the government under the provisions of the pepsu law, he continues to be a land-owner of the land and also holds the same even though his land has been declared surplus, till he is divested of its ownership by taking possession of the land under section 8 of the reforms act, where it has been provided that the surplus area declared as such under the punjab law or the pepsu law which has not been utilised till the commencement of the reforms act, shall on the date or the date on which the possession thereof ..... a plain reading of sub-section (1) shows that the provisions of the punjab security of land tenures act, 1953 and the pepsu tenancy and agricultural lands act, 1955 in so far as they were inconsistent with the provisions of the land reforms act, were repealed. ..... it may be pointed out here that long before the order of the collector, malerkotla, p2 was passed on 29th june, 1976, the land reforms act came into force on april 2,1973. ..... it appears under the land reforms act, daljit singh filed a declaration on october 3, 1973 on which the collector, agrarian, malerkotla, passed order on june 27, 1976 (hereinafter referred to as 'p1') holding that according to section 5(1) of the said act, the land owner was entitled to reserve two units of land as permissible area i.e. ..... in the meanwhile, the land reforms act came into force on april 2, 1973. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR7; 2008(2)BomCR430; (2008)110BOMLR194; 2008(2)MhLj746
..... the course of study, its duration and the scheme of examination are regulated by the homeopathy (diploma course) dhms regulations, 1983 framed by the central council of homeopathy under section 20 of the homeopathy central council act, 1973. ..... preeti srivasthav's case (supra), the punjab & haryana high court vide its judgment dated 27/2/2003 held that the university had the jurisdiction to lay down conditions for admission to the next higher class/phase of the course for maintaining the standard of medical education in the colleges affiliated to it. ..... she has also drawn our attention to the judgments of the punjab & haryana high court, madhya pradesh high court and andhra pradesh high court wherein regulation 7 has been interpreted. ..... baba farid university of health science, faridkot, the punjab & haryana high court was considering similar question. ..... this judgment was taken into consideration by the punjab & haryana high court in jyotis cherian john and ors. v. ..... in that case, the punjab & haryana high court had an occasion to deal with a similar question. ..... the respondents filed writ petition in the punjab & haryana high court. ..... in this connection, we may refer to the judgment of the supreme court in council of homeopathic system of medicine, punjab and ors. v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)115PLR556
..... therefore, the panchayati raj act, 1994, cannot have any application to the elections held in 1993, under the provisions of the punjab gram panchayat, act, 1952. ..... the two women candidates who have the highest number of valid votes shall be deemed to have been elected as panches; (4) if only one woman candidate contests ..... :-'we consequently hold that (1) in case one woman panch has been elected and there is one unsuccessful contesting woman candidate then the said unsuccessful woman candidate shall be deemed to have been elected as a panch; (2) if there is no woman candidate who has been elected and the number of unsuccessful woman candidates are two then both the unsuccessful women candidates shall be deemed to have been elected; (3) if there are more than two unsuccessful candidates then ..... according to them, reliance on section 6(4) of the act has no basis since this act was repealed by panchayati raj act, 1994. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR238
..... the suit of the plaintiff succeeds and a decree of declaration that application dated 21.8.1998 moved by the plaintiff with the defendants seeking permission for setting up a forest hill country club resort at village karoran, tehsil kharar, district ropar over the suit land detailed in the title of the plaint is deemed to have been sanctioned having not been rejected in writing within the statutory period of 90 days of its submission as required under the provisions of the punjab new periphery control act, is passed in favour of the plaintiff and against ..... the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1998P& H42; (1997)117PLR494
..... in exercise of its powers under section 53 of the act the state council in consultation and prior sanction of the government has framed the punjab homoeopathic practitioners (general) rules, 1973 and under section 54 read with section 21 of the act the punjab homoeopathic practitioners (recognition of institutions) regulations, 1974. ..... hospitals in terms of teaching and hospital staff, equipment and other necessary material; 6 -- both the colleges shall strengthen the number of books in the library by adding the latest editions; 7 -- authorities of both the colleges shall ensure that admission in graded degree course be given to candidates possessing a diploma qualification of not less than a 4 years duration and the same is included in the second schedule of homoeopathy central council act, 1973; (degree courses) regulations, 1983 and homoeopathy (graded degree course) regulations, 1983. ..... it shall be ensured by the college authorities that the teaching staff appointed on the basis of homoeopathic qualification possess the prescribed medical qualifications which are recognised as per the provisions of homoeopathy central council act, 1973; 4--the college shall maintain in their attached hospitals 1 : 1 students bed ratio as laid down in homoeopathy (minimum standards of education) regulations, 1983; 5 -- both the colleges shall strengthen the deptt. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR300
..... further stated that the petitioner did not care to notice the changes made regarding determination of rateable value of lands and buildings in terms of the punjab municipal act, 1976 which came into force within corporation area of amritsar with effect from 30.3.1977 whereby fundamental changes in the matter of assessment of different properties had been brought about as compared to the provisions of the punjab municipal act, 1911 whereunder originally, the annual rental value of the property had been ..... , the petitioner was served with a notice dated 8.2.1984 (annexure p1) under section 103 of the punjab municipal corporation act, 1976 (for short 'the 1976 act') by the respondent whereby assessment of the annual letting value of the property, which was previously being assessed at the annual ..... building in respect of which no standard rent has been fixed within the prescribed period of limitation and thus the tenant is precluded from making an application for fixation of standard rent with the result that landlord is lawfully entitled to continue to receive the contractual rent, the annual value must be limited to the measure of standard rent determinable under the rent act and cannot be determined on the basis of the higher rent actually received by the landlord from the tenant. ..... the provisions of the east punjab urban rent restriction act, 1949 have no applicability to the property in question as the annual rental value of the property has to be fixed in terms of 'the 1976 act' .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR164
..... of the provisions of the constitution together with the punjab municipal act, 1911, as it stood prior to its amendment by the amending act of 1994, as also the amended provisions, shows that even before the addition of part-ixa to the constitution, the legislature of punjab had enacted the punjab municipal act which dealt with constitution of the municipalities, composition thereof, the duration of the municipalities, term of the office of the members etc. ..... from the above analysis of the various provisions of the constitution and the act of 1911, it is clear that in view of the amendment made in the act of 1911, the government is required to issue notification in the official gazette to constitute transitional area into a nagar panchayat and a smaller urban area into a municipal council, and elections are required to be held for the municipalities constituted under the act of 1911 after the commencement of the punjab municipal (amendment) act 11, 1994. ..... 2 who has pleaded that by virtue of the punjab municipal (amendment) act, 1994, a municipal committee constituted under that act shall be deemed to have been constituted as a smaller urban area and the municipality existing for the area shall be deemed to have been constituted under the amended act for that area and every member of the municipal committee shall have a right to vote. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1990P& H336
..... 6 has also filed his separate return reiterating the stand taken by the collector as also pleading inter alia that the petition was a belated one, the orders of the authorities below were within jurisdiction and that even if the respondent had not applied for the allotment of the alternative land under the punjab utilisation of surplus area scheme, 1973, or under the punjabsecurity of land tenures rules, 1956, no relief could be granted to the petitioner as 'no penalty is provided under any of the above two provisions for not making ..... it has further been stated that according to the first proviso to s.9-a of the punjab security of land tenures act, 1953, 'if the tenant concerned is the tenant of a small landowner, he shall be allowed to retain possession of his tenancy to the extent of 5 standard acres, including any other land which he may hold as tenant or owner until he is so accommodated on a surplus area or otherwise'. ..... 226 and 227 of the constitution, the short question involved is, as to whether a small landlowner is entitled in law to get possession of his land back from the tenant under the punjab security of land tenures act, 1953, or he is to be deprived of his land for all times to come because the tenant,instead of inking necessary steps to have the alternative land allotted from the government, continues to retain the land in question by protracting the proceedings before the various tribunals and the courts,2. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR145
..... once result has been prepared after counting of the votes and accordingly notified, there is no provision in the punjab gram panchayat act, 1952 which might authorise any of the functionaries inclusive of the presiding officer to hold an enquiry, re-count the votes and change the result which was earlier shown in the statutory forms. mr. ..... 1 and 2, by way of preliminary objections, it has been pleaded that writ is not maintainable as the election of gram panchayat under the punjab gram panchayat act, 1952, could only be challenged by way of election petition as also that the right to contest election is statutory right and not a fundamental or civil right. ..... in the case of a panchayat election under the provisions of the punjab gram panchayat act and the rules made thereunder, a recount of votes cannot be claimed by any candidate. ..... ' it was further held that 'under section 13-o (i)(d)(iii) of the punjab gram panchayat act miscount is a ground to challenge an election to a panchayat under the act. ..... masih, learned assistant advocate general, punjab, has not been able to point out any provision of the act or rules which might authorise any officer to change the result after it has been incorporated in the relevant forms as provided under the rules. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2550; JT1994(4)SC376; (1995)109PLR338; 1994(3)SCALE296; (1994)5SCC709; [1994]Supp1SCR693
..... hence, while we hold that the provisions of section 192(1)(c) of the punjab municipal act, 1911 and of section 203(1)(c) of the haryana municipal act, 1973 being violative of article 14 of the constitution are void with effect from the date of this judgment and set aside the impugned decision of the high court, we for the reasons already stated, in the peculiar facts of these cases, dismiss the appeals and the writ petition.in the facts and circumstances, however, we direct that the respondent-municipal committee in c.a. no. ..... hence, the attack against the provisions of section 192(1)(c) of the punjab municipal act, 1911 and against the corresponding provisions of section 203(1)(c) of the haryana municipal act, 1973 on the ground of their violation of article 19(1)(f) read with article 31 as they stood then, must fail. ..... , whether the provisions of section 192(1)(c) of the punjab municipal act, 1911 and the corresponding provisions of section 203(1)(c) of the haryana municipal act, 1973 for compulsory transfer of the land to the municipal committees without payment of compensation, are valid.2. ..... as held above, the provisions of section 192(1)(c) of the punjab municipal act, 1911 and of section 203(1)(c) of the haryana municipal act, 1973 are violative of article 14 of the constitution. .....
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