Court : Punjab and Haryana
Reported in : AIR1973P& H58
..... before any relief could be granted in favour of the appellants, it was incumbent upon them to show that the under-valuation of the appeal had prejudicially affected the disposal of the ..... ashok bhan, learned counsel while conceding that the appeal did not lie before the senior subordinate judge, contended that the judgment and order of the learned senior subordinate judge was not liable to be set aside merely on the ground that he had no jurisdiction to entertain the appeal, that at the best it would be a case where the plaintiff under-valued the appeal and filed the same in the court of the senior subordinate judge and in this situation ..... 1971 was filled by the plaintiff respondent under sections 149/151 of the code of civil procedure, read with section 12(ii) of the court fees act and section 5 of the indian limitation act praying that the deficiency in the court fee on the memorandum of appeal before the first appellate court be ..... the sale was effected for an amount of rupees 4000/- by the vendors by a registered sale deed on december 21, 1966 ..... the land in dispute was wrongly recorded as kharaj-az-bach in the jamabandi of 1966-67 as is clear from the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H228
..... xxx (f) 'primary land mortgage bank' means a co-operative land mortgage band registered or deemed to be registered under the punjab co-operative societies act, 1954, and affiliated as a member to the state bank; (g) 'registrar' means the person appointed by the state government to be registrar of co-operative societies for the state of punjab, or any person appointed by the state government to assist the registrar, under section 3 of the punjab co-operative societies act, 1954; (h) 'the state bank' means the punjab state co-operative land mortgage bank limited to be established for ..... authorised by it in this behalf shall have the right to nominate on the committee such number of persons, not exceeding three or one-third of the total number of members thereof, whichever is less, as the government may determine : provided that where the government have subscribed to the share capital of a co-operative society to the extent of twenty lacs of rupees or more, the government may, not-withstanding anything contained in the byelaws of the society,-- (a) appoint one of the members, nominated in the aforesaid manner as chairman of the committee of such society; or (b) nominate another ..... governing body of the nalanda college, bihar sharif, air 1962 sc 1210, the petitioner had sought a mandamus for appointment as principal by virtue of statutes framed under the university of bihar act. ..... neyveli lignite corporation, air 1966 mad 399 further observed as follows (at p. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H374
..... notification and for this suppression there is no explanation available on the side of the respondents and particularly respondent 1, and (h) that although in the note of the joint director of industries, ..... and on the mere statement of the respondents that they intended to set up a factory in the land in question, he proceeded to recommend that exemption notification under section 8 (2) of the act be issued in their favour and that this was then followed up by the higher authorities, (g) that obviously the report of the tehsildar was suppressed which had material bearing on the decision to be taken in the matter of issue of the impugned ..... 3(5)(a) and creation of occupancy tenancies by section 3(5)(b), (ii) that business premises are excluded by section 5(a)(i), (iii) that religious buildings, buildings of public utility such as dharamsalas, and the like buildings are excluded by section 5(a)(i) and (ii), (iv) that to protect a person bringing under plough waste land sales of such land are excluded by section 5(b), (v) that right of pre- ..... 1966 punj 348).the learned advocate-general has not been able to deny that such is the rule, but what he contends is that this rule has held the field till the decision of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1997)ACC211; 1997ACJ111; (1996)114PLR667
..... an insurer registered under the insurance act, 1938 (4 of 1938) whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgment were given by a court in india.provided that no sum shall be payable by the insurer in respect of any such judgment unless, before the commencement of the proceedings in which the judgment is given, the insurer had, notice through the court concerned of the bringing of the proceedings and the insurer to whom notice ..... similarly, learned counsel for the appellant-insurance company relied on words and phrases 1944 volume 33 page 538, webster's iind 'new international dictionary' volume ii, 1966 edition page 1034 for renewal and for licence' page 1304; mitral's legal and commercial dictionary 4th edition 1985 page 498 to define 'licence'. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)140PLR150
..... on the enhanced amount, claimants shall be entitled to statutory solatium on the rate of 30% and interest at the rate of 9% per annum for the first year from the date of dispossession of the land owners by the collector and at the rate of 15% thereafter till the date of deposit in this court, the enhanced amount of compensation.under section 23(1-a) of the act claimants shall also be entitled to 12% per annum on the market value of the acquired land from the date of notification under section 36 till the date of award of the collector of the date of taking possession of the land whichever is earlier.'9. ..... although on 7.5.1999 the counsel for the respondents submitted that he would file an application under section 28a of the act before the collector yet the execution was pressed and the executing court has passed the order directing the judgment debtor to enhance the compensation of the respondents although he was not a party before the tribunal when the order dated 22.9.1986 was passed. ..... the relief granted by the tribunal in paras 2, 5, 26, 27 and 28 reads as under:'the above market rate in the peculiar circumstances of the case cannot be held universally applicable to the lands covered by all the land references. ..... 1966.4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1976]102ITR812(P& H)
..... : [1970]75itr603(sc) wherein it was held that:'the madras urban land tax act, 1966, in imposing a tax on urban land at a percentage of the market value is entirely within the ambit of entry 49 of list ii of schedule vii to the constitution of india and within the competence of the state legislature and does not in any way trench upon the field of legislation of entry 86 of list i......... ..... is that which makes an improper discrimination by conferring particular privileges upon a class of persons, arbitrarily selected from a large number of persons, all of whom stand in the same relation to the privilege granted and between whom and the persons not so favoured no reasonable distinction or substantial difference can be found justifying the inclusion of one and the exclusion of the other from such privilege......a classification must not be arbitrary, artificial or evasive and there must be a reasonable, natural and substantial distinction ..... it cannot be universally said that urban assets are non-productive of income in the case of every assessee. ..... it is not a universal rule that every tax on property must be levied as a percentage of its annual letting value. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1986)51CTR(P& H)219; [1987]164ITR779(P& H)
..... as would be evident from thefollowing passage, the ratio of the full bench decision for holding that the burden of proving the absence of reasonable cause lay on the revenue was that the proceedings for the imposition of penalty were quasi-criminal and it was, therefore, for the prosecution to prove all the ingredients of the offence (headnote):'the penalty which can be imposed under section 271(1) of the income-tax act, 1961, is to be imposed on contumacious or fraudulent assessees. ..... of the income-tax act, 1961, which provides the time-limit within which proceedings for imposition of penalty had to be completed, was amended by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, and after its amendment the penalty proceedings could be completed within two years of the completion of the financial year in which the penalty proceedings were initiated, because the section embodies a rule of limitation which is procedural in character and, therefore, would govern the penalty proceedings at the time of the ..... any universal or blanket theory that mens rea or a guilty mind is a necessary pre-requisite before any penalty can be levied in a taxing statute has now been authoritatively and conclusively negatived by the seven-judge bench of the supreme court in r. s. ..... the last date for filing its return was june 30, 1966, but it was filed on october 13, 1970. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)134PLR615
..... the provisions of section 15 of the act whichoust the jurisdiction of the civil court would not beattracted to the controversy in question inasmuch as,firstly as held by the division bench in chandra tewatia'scase (supra), the jurisdiction of the civil court wasbarred for resolution of the questions covered under theprovisions of the act and the rules framed thereunder andhas no bearing upon any private dispute between apurchaser and the ..... cost orget constructed by any other institution orindividual at your cost, school and playgrounds, hospital, community centres and othercommunity buildings on the land set apart forthis purpose or undertake to transfer to thegovernment free of cost the land set apart forschools and play grounds, hospitals, communitycentres and community buildings, in which casethe government shall be at liberty ..... the colonizer-company toobtain necessary approvals from the competent authorities.ultimately, the company received a communication datedjanuary 3, 1966 from the director, town and countryplanning, punjab, informing them that the ..... 1966 was received by thecompany from the director, town and country planning,punjab asking the colonizer-company to furnish earnestmoney to meet the charges on account of scrutiny of plansand estimates in respect of the ..... the director, town and countryplanning, haryana through a communication dated december29, 1966 informed the colonizer-company that its share forthe execution of the ..... the company furnished a bank draft onjune 17, 1966 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H138
..... for ascertaining the real intention of the legislature the court may consider, inter alia, the nature and the design of the statute, and the consequences which would follow from construing it the one way or the other, the impact of other provisions whereby the necessity of complying with the provisions in question is avoided, the circumstance, namely, that the statute provides for a contingency of the non-compliance with the provisions, the fact that the non-compliance with the provisions is or is not visited by some penalty, the serious or trivial consequences that flow therefrom ..... the state of mysore, air 1954 sc 592, about the policy and purpose behind the excise acts and about the necessity to avoid brushing aside fetters imposed by the legislation at the pleasure of either the government or its officers, and the binding nature of the excise rules has now to be read in the light of and subject to the law laid down in the subsequent decisions of then lordships referred to above.in this situation it is unnecessary to comment on the correctness or otherwise of the reasons assigned by the government in its written statement in support of the impugned action. ..... firstly, he submitted that the petitioners should be non-suited because they have been guilty of suppression of a material fact, namely, that the impugned rule has been in existence since 1966 in punjab, and since 1967 in the union territory of chandigarh. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H83
..... 'the argument of the counsel for the state to the effect that the language of section 3 (b) of the said act was such that as soon as the lease was determined by efflux of time, the petitioner became unauthorised occupant for the purposes of that act was repelled by the learned judge in the following language :--'i regret i cannot accede to that contention because if under the law of the land the petitioner did not cease to be the lessee or in other words if the lease was renewed by virtue of the principle of the provisions contained in section 116 of the transfer of property act, he could ..... had failed to pay lease-money within the prescribed time, it was the duty of the collector to consider the question of relieving the lessee of the forfeiture on account of non-payment of rent on the equitable principles contained in section 114 of the transfer of property act, and to actually relieve the lessees of the forfeiture in the circumstances of these cases; (v) the condition for payment of rent by the 15th of january in each year had been waived by the collector during the long period of the leases and the collector was now estopped by his conduct ..... was also held that the principle that relief against forfeiture should not be granted to a tenant who had set up a false claim of having paid the arrears cannot be accepted as universally applicable and it all depends on the circumstances of each case ..... , 1966 cur lj 344 (punj) and on the subsequent judgment of a division bench (mehar singh, .....
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