Court : Delhi
Reported in : 36(1988)DLT217
..... aggarwal has been that the punjab preemption act, 1913 (for short 'the act') has since been repealed by the punjab pre-emption (repeal) act, 1973, and as such the suit was incompetent. ..... repeal of this act in punjab by the repealing act of 1973 would have no bearing on the applicability of the act to delhi. ..... he pointed out that by act x of 1960 of the punjab legislature section 16 has in fact been repealed as a whole and has been substituted by a provision creating a right only in a tenant to preempt the property held by him when the landlord desires to sell it. ..... in paragraphs 3 and 4 of the plaint the plaintiffs did state that there was a custom in the locality that a co-sharer would have a preferential right to purchase the share of the other co-sharer and further the premises in question were situate in old city of delhi in daiwara, nai sarak within the boundary walls of old delhi where the customs of pre-emption had judicially been noticed and recognised and further that the punjab pre-emption act, 1913 was applicable to delhi. ..... punjab act x of 1960 however has not been extended to delhi and here the punjab pre-emption act of 1913, the act with which wearer concerned, still applies'. ..... the repeal of the act in punjab does not automatically repeal the act as in force in delhi. mr. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi154; 4(1968)DLT660
..... 9 in spite of the repeal of the punjab alienation of land act, 1900 and of a full bench decision of the punjab high court in uttam singh v. ..... since the sale in this case was in respect of a share out of the joint land by one of the co-sharers, the short question that falls for determination is the interpretation of section 15 (1)(b) clause thirdly of the punjab pre-emption act, 1913 (punjab act 1 of 1913) as amended by punjab act no. ..... in regard to the effect of section 17, apart from the important fact that section 15 does nto in terms create any right of pre-emption claimable in the capacity of heirs, i am also extremely doubtful if the rule of succession governing the possible pre-emptors, clothed with the right of pre-emption under the punjab pre-emption act (hindus, muslims and christians etc. ..... first, because the claim of preemption is nto in terms retained in the persons entitled to pre-empt in their capacity as heirs, as was the case before the amendment of 1960, and secondly because i also find the continued retention in the act of sections 3 (4), 14, 23, 24, 29 and the concluding clause of s. ..... in the result, it must be held that the plaintiff had a superior right of preemption over the vendees and was en- titled to succeed. ..... in sec- corporation 15 (1) (b) thirdly the word 'or' has been used between two classes of pre-emptors and if i were to hold that they have been given a joint right of preemption, i must of necessity read the word 'or' as 'and'. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1972Delhi135; ILR1972Delhi421
..... territories (laws) act, 1950 because the punjab preemption act 1913 was already in force in himachal pradesh and that the central government had no power to repeal or abrogate an existing law by extending the amendment to the parent act to delhi. ..... mathu ram : air1969delhi267 it was argued that the punjab preemption (amendment) act, 1960 could not be extended to himachal pradesh under section 2 of the union. ..... learned counsel for the petitioner shri ramesh chandra confined his g argument only to the following grounds of challenge viz:- (a)the co-operative societies act, 1912 already applied to delhi and, thereforee the central government had no power to extend the bombay co-operative societies act, 1925 to delhi in 1949 under section 7 of the delhi laws act, 1912; (b)the notification dated 8-1-1949 extending the bombay co- h operative societies act, 1925 to delhi modified section 73 of the said act stating that the co-operative societies act, 1912 in so far as it applied to delhi, was repealed. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi761
..... in the last mentioned authority the court observed that the question whether the property in dispute came within the definition of section 3 of the punjab preemption act was one of law, but the determination of this question depend upon whether the property formed part of the town of delhi or whether it was a village immovable ..... (6) in the punjab pre-emption act, section 15(a) reads as follows : '15.subject to the provisions of section 14, the right of preemption in respect of agricultural land and village immovable property shall vest- (a) where the sale is by a sole owner or occupancy tenant ..... 20th may, 1958, the plaintiff instituted the suit giving rise to this appeal, for pre-empting the same under clause (a) of section 15 of the punjab pre-emption act, 1 of 1913, as it stood amended prior to 1960 (hereinafter referred to as the act), in her capacity as a person entitled to succeed to the land on the assumption of the death of the bhumidar. ..... proposed to levy a house-tax on the owners of the building and lands within the municipality as provided by section 61 of the punjab municipal act and the proposal was accepted on 11th april, 1954. ..... under the punjab pre-emption act, 11 of 1905- the law which i have applied is the punjab pre-emption act of 1913, as amended from time to time except the last amendment of 1960 ..... ' the punjab alienation of land act has since been repealed, but the repeal does not affect the validity or the availability of the said definition for purposes of pre- .....
Tag this Judgment!Court : Delhi
Reported in : AIR1981Delhi118; ILR1982Delhi525
..... the punjab pre-emption act does not apply to the state of delhi after it was repeated by repeal- ing act of 1973 ..... the wall ab which is a common wall; (2) that there are doors on the ground floor and in the first floor in the wall ab ; and (3) that there is a ventilator and an almirah in the common wall on the ground floor and that the above casementary rights gave the plaintiffs the right to pre-empt the sale under clause fifthly of section 16 of the punjab premption act. ..... , whether by the placing of the rafters and beams on the wall ab the plaintiffs acquired any easementary rights within the meaning of clause fifthly of section 16 of the punjab pre-emption act. ..... whether the punjab pre-emption act as applicable to delhi is un-constitutional for the reasons in the written ..... the pre-cnipti^n is claimed on ground fifthly of action 16 of the punjab pre-emption act ..... the rule contained in the cited authorities it would follow that the owners of both the tenements that is 2777 and 2778 have the right to the use of the full wall ab, the only prohibition being that the user of the wall should not interfere with the enjoyment of the wall by the ..... -wall held in co-ownership is to be treated as a structure which is to be utilised for the common benefit and convenience of both the owners of the tenements which it separates; each one of them is entitled to the full user of the wall the only restriction being that the user of the wall should not interfere with the enjoyment of the wall by the other. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi80
..... even if it is passed in good faith and with the best of intention to further the purpose of the legislation which confers the power, since the authority has to act in accordance with and within the limits of that legislation, its order can also be challenged if it is beyond those limits or is passed on grounds extraneous to the legislation or if there are no grounds at all for passing it or if the grounds are such that no one can reasonably arrive at the opinion or satisfaction requisite under the legislation. ..... (8) rule 17 of the 1961 rules gave power to the central government to appoint, at the commencement of these rules, to the service any person who at such commencement was holding any of the posts specified in schedule i or any equivalent post in the state of punjab or uttar pradesh. ..... 5 to 10 are selected to the selection grade on expiry of 12 years of service including the length of service in their respective state services, the last of them would have entered the selection grade in 1973, whereas the petitioners would nto be eligible for selection to the selection grade before 1974. ..... in so far as the period during which this power could be exercised is concerned, it is undoubtedly shorter than the period mentioned in the repealed first proviso to clause (b) of sub-rule (1) of rule 5 of these rules which authorised appointment of transferred 'at any time. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi1154
..... they held that the latter part of the proviso to section 8 of the west bengal act limited the amount of compensation so as nto to exceed the market value of the land on december 31, 1946, irrespective of the time when the land was acquired and inasmuch as the imaged act was a permanent enactment and lands may be acquired under it many years after it came into force, the fixing of the market value on december 31, 1946, as the ceiling on compensation without reference to the value of the land at the time of acquisition, is arbitrary and cannto be regarded as in due compliance ..... whichever is less:provided further that where such land has been held by the owner thereof under a purchase made before the first day of april, 1948, but after the first day of september, 1939, by a registered document, or a decree for preemption between the aforesaid dates, the compensation shall be the price actually paid by the purchaser or the amount on payment of which he may have acquired the land in the decree for pre-emption as the case may be. ..... it will be illogical to corstrue article 31-b as affording protection only so far as these rights are taken away by an act in violation of the provisions of the new constitution but nto when they are taken away by an act in violation of section 299 of the government of india act which has been repealed. ..... of the punjab high court in barkat ram and others v. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi217
..... sachar laid great stress on his contention that section 8(2) of the punjab pre-emption act, 1913 itself was ultra virus of the constitution in asmuch as it lays down no guiding principles turn the state government to issue notifications and gives uncanalized power to the executive to issue notifications to the effect that no right of pre-emption shall exist in respect of any local area or any land or any property or class of land. ..... sachar was that if the impugned provision was allowed to stand, the state government could virtually repeal the act by issuing notifications making the provisions inapplicable in the state, applying exemptions to various lands or districts in successive notifications and this would amount to excessive delegation of legislative power. ..... (2) the provincial government may declare by notification that in any local area with respect to any land or property or class of land or property or with respect to any sale or class of sales, no right of preemption or only such limited right as the provincial government may specify, shall exist. ..... '(9) the result of the above notification was that no right of preemption could be exercised by co-sharers in respect of a sale made in the district of kangra for land covered by section 15(6). .....
Tag this Judgment!Court : Delhi
Reported in : [1998]231ITR318(Delhi); [1998]97TAXMAN144(Delhi)
..... stating it broadly without intending to be exhaustive the factors are (1) what was the law before the making of the act (2) what was the mischief and defect which the earlier law could not remedy (3) what remedy parliament had decided to provide in the new law (4) the true reason of the remedy; (5) the language of the law should be analysed.at this moment when we are considering the orders passed in the above cases by the appropriate authority our task is rendered easier by the judgment of their lordships of the supreme court in gautams case : [1993 ..... only, the amount of premium as specified in the instrument of transfer;(b) in a case, where the consideration for the transfer consists of rent only, the aggregate of the moneys (if any) payable by way of rent and the amounts for the service or things forming part of or constituting the rent, as specified in the instrument of transfer;(c) in a case where the consideration for the transfer consists of premium and rent, the aggregate of the amount of the premium, the moneys (if any) payable by way of rent and the amounts for the service of things forming part of or constituting the rent, as specified in the instrument ..... a division bench of the high court of punjab and haryana took the same view that the capitalisation method should be adopted where there are tenants in the property. ..... ito : [1973]87itr539(sc) .2. .....
Tag this Judgment!Court : Delhi
Reported in : (1973)ILLJ316Del
..... in terms of para 521(4)(c), (e), (j) and (1) which are as under:(4) by the expression 'gross misconduct' shall be meant any of the following acts and omissions on the part of an employee: * * *(c) drunkenness or riotous or disorderly or indecent behavior on the premises of the bank; * * *(e) willful insubordination or disobedience of any lawful and reasonable order of the management or of a superior ;(j) doing any act prejudicial to the interest of the bank, or gross negligence or negligence involving or likely to involve the bank in serious loss; * * *(1) abetment or instigation of any of the acts or omissions above mentioned;a reference to these clauses will show ..... the state of punjab , 'moral turpitude' was held to be a term generally taken to mean a conduct contrary to justice, honesty, modesty or good morals and contrary to what a man owes to a fellowman or to society in general. .....
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