Court : Punjab and Haryana
Reported in : AIR1952P& H116
..... 712/8 per mensem after the end of the year in which the notice of increase of rent under section 8 of the delhi and ajmer-merwara rent control act, 1947 is served on the respondent, that the claimants would be entitled to such further increases as may be allowed by rent laws to be made in future and that the payments would be subject to a deduction of one month's rent ..... on the 24th of march, 1947, the delhi and ajmer-merwara rent control act, 1947 came into force in the province of delhi and with effect from that date the claimants claimed compensation at the ..... the defence of india rules read with section 19 of the defence of india act, 1939 provides that in a case of requisition of immoveable property the claimant is entitled to compensation for the property requi-sitioned on the principle embodied in section 23(1) of the land acquisition act, 1894. ..... as no agreement could be reached within section 19 (1) (b) of the defence of india act, 1939, the central government appointed an arbitrator to assess compensation payable under the orders of requisition mentioned above by the central government to raj sahib ram parshad and ..... new delhi, hereinafter referred to as the premises, requisitioned under section 19 of the defence of india act, 1939, read with rule 75-a of the defence of india rules.2. ..... premises have become or become business premises within the meaning of the act the claimants would be entitled to compensation at the rate of rs. ..... pro vince of bengal', air (37) 1950 cal 83 and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1981)83PLR416
..... state of west bengal (1962), 66 cal wn 115 and mohammed habibullah sahib v ..... the state of punjab issued a notification under section 4 of the land acquisition act (hereinafter referred to as the act) on february 21, 1974, declaring its intention to acquire the land of the petitioners for setting up a new mandi township at goraya. ..... it has also been averred that the land of the petitioners was very fertile, yielding three crops in a year and that in the vicinity of the said land some other land which was not so productive was also available which could have been more conveniently acquired at less cost to the state exchequer.3 ..... 1 and 2 it has not been specifically denied that the land belonging to the petitioners was capable of yielding three crops in a year ..... 6 of the act, in which it was mentioned that since the public purpose for which the land was being acquired was of urgent importance it would be open to the authorities concerned to proceed to take possession of the land in dispute under s ..... authorities should, as far as possible, acquire inferior land so that the state exchequer may also not suffer. ..... 5a in a limited and specified period, there being nothing in the act to this effect and the haunting danger of the proceedings being prolonged unduly and unnecessarily and the case remaining hanging fire before another superior tribunal and court, is a very sufficient and a good circumstance ..... 5a of the act in its letter and spirit as far as possible before making acquisitions of land. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1975]101ITR180(P& H)
..... in his affidavit has also stated that he and the income-tax officer had a bona fide belief that, considering the nature of the proceedings under section 132(5) of the act, in order to stop the running of time there should either be a certified copy of the order or at least an affidavit from the petitioner that a stay order had ..... has earlier been indicated that a news item appeared in the daily tribune on january 14, 1975, about the further stay of proceedings under section 132(5) of the act against shri hira lal sibal, the income-tax officer has not stated on affidavit that she omitted to read the morning paper, though the income-tax commissioner has ..... state of west bengal, air 1969 sc 189 it was observed :'of course an apology must be offered and that too clearly and at ..... by shri hira lal sibal, senior advocate, challenging the legality of the search warrant of his office-cum-residence issued under section 132 of the income-tax act, 1961 (hereinafter called 'the act'), came up for hearing on january 13, 1975, when the motion bench passed the following order i'notice of motion for january 20, 1975. ..... the former stated that in the situation arising out of the numerous proceedings under section 132 of the income-tax act, the department had to maintain a uniform practice in order to safeguard the interests of the revenue and the manner in which an oral communication was made in the instant ..... hon'ble judges of the nagpur high court, air 1955 sc 19 it was held that there could not be both .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1955P& H177
..... , additional custodian or authorised deputy custodian may at any time, either on his own motion or on application made to him in this behalf, call for the record of any proceeding under this act which is pending before, or has been disposed of by, an officer subordinate to him for the purpose of satisfying himself as to the legality or propriety of any orders passed in the said ..... the custodian and that many of the orders of the custodian of the state which had the effect of cancelling allotments were made, not in direct exercise of his powers under section 12 of the act, but in exercise of the powers of review and revision conferred on him by section 26 and apparently it was thought to be only fair that he should still be able to decide pending ..... which in my opinion amounted to contending that the powers conferred on the custodian of cancelling or varying the terms of any allotment or lease by section 12 of thy act were unfettered and that therefore any rules whatever which circumscribed those powers and limited its exercise to certain circumstances were 'ultra vires', but in my opinion there is no force whatever ..... of refugees from the west punjab' on lands evacuated by muslims had to be faced and the lines on which this problem was tackled were gradually worked out and finally formulated in a volume called the land resettlement manual, in which principles were laid down regarding such matters as in which district refugees from the various districts of the west punjab were to be .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)ILLJ218P& H
..... carried on by the company as a separate unit and in case of any disturbance of industrial peace at barrackpore, where a considerable number of workmen were working, the appropriate government concerned in the maintenance of the industrial peace was the west bengal government; the grievances of the workmen of barrackpore were their own and the cause of action in relation to the industrial dispute in question arose there (emphasis applied), held that the reference, therefore, for adjudication of ..... mahajan, learned counsel for the respondent-corporation, while supporting the judgment of the learned single judge, has argued that the concept of 'cause of action' or the 'concurrent jurisdiction' are alien to the philosophy of the act as provisions of the statute are silent in this regard, therefore, these principles cannot be relied upon for the purposes of tracing out the 'appropriate government' competent to make reference to an industrial dispute.8. there can ..... hardly be any dispute that in relation to the industrial disputes concerning subjects envisaged in sub-section (i) of section 2(a) of the act, the central government alone is the 'appropriate government' for making reference to an 'industrial dispute' and in relation to 'any other industrial dispute', the state government is the 'appropriate government', as provided in sub-section (ii) of section .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)135PLR78
..... . these two provisions along with rule 3 of the 1948 rules are reproduced below:-'sections 2(d) and 4 of the 1948 act.2(d) 'refugee' means a land-holder in the territories now comprised in the province of (punjab in pakistan), who or whose ancestor migrated as a colonist from the undivided punjab since 1901, to the provinces of north-west frontier province, sind or baluchistan or to any state adjacent to any of the aforesaid provinces and acceding to pakistan, and who has since the ..... by the department for cancellation of order dated 16th july, 1979 and consequential orders passed by the assistant registrar (lands)-cum-managing officer and tehsildar (sales) because they were allotted land under the 1976 act read with the 1976 rules and not under the 1954 act read with the displaced persons (compensation and rehabilitation) rules, 1955 (for short, 'the 1955 rules').(2) the land allotted to them had vested in the government of punjab w.e.f ..... . sections 2(e), 4 of the 1954 act and rule 67-a of the 1955 rules, which have bearing on this case, read as under:-'sections 2(e) and 4 of the 1954 act.2(e) 'verified claim' means any claim registered under the displaced persons (claims) act, 1950 (xlv of 1950) in respect of which a final order has been passed under that act or under the displaced persons (claims) supplementary act, 1954 (12 of 1954), and includes any claim registered on or before the 3lst day of may, 1953 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H439
..... the new university, and (b) he would not be pushed about by the government, during his stipulated tenure.shri brar pointed out that according to the provisions of clause (7) of statute 4 of the university act, he would issue the notification regarding the petitioner's appointment for a 3-years term, in the first instance, but would make the first term imperatively renewable in the 'terms and conditions of the appointment' to ..... of india, which read as under :'(1) the president, or the governor of a state, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties : provided that the conduct of the president may be brought under review by any court, tribunal or body ..... legislature can legally be gone into by courts of law, that in the instant case, sufficient proof has been placed on the file to show that the issuance of ordinance and the enactment of the amendment act are as a result of the malice borne by the governor and the chief minster against the petitioner that the position of a minister as it obtains today and also as reflected by rules of ..... , west ..... was a jagirdar was not required under any law to introduce within his jagir either zamindari or raiyatwari system of land administration and that, therefore, he had leased out in 1909, lands, to the non-applicant tenants ..... legal affairs, (1955) 1 scr ..... 1955 ..... .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1999CriLJ635
..... west bengal soft coke distribution order, 1955, commenced not before the essential commodities act, 1955, but after the essential commodities act came into force on the 1st april, 1955. ..... west bengal soft coke distribution order, 1955, came into force in october, 1955 and indeed by reason of and under the provisions of essential commodities act, 1955 ..... in the preamble to the west bengal soft coke distribution order, 1955, it is clearly said that soft coke order is made in exercise of the powers conferred ..... held by their lordships that the west bengal soft coke distribution order, 1955, order no. ..... west bengal soft coke distribution order, 1955 and ..... the essential commodities act to the state government of the then part a states and which includes the state of west bengal. ..... on coming into force of the act of 1955, the essential commodities ordinance, 1955 (1 of 1955) and any other law in force on any state immediately before the commencement of this act in so far as such law controlled or authorised the control of the production, supply and distribution of and trade and commerce in, any essential ..... state of west bengal, air 1963 cal 61 : (1963 (1) ..... commodities act, 1955 received the assent of the president of 1st april, 1955 and soon thereafter become an act of ..... 3 of the essential commodities act, 1955, an assistant sub inspector of police was competent to enter upon or search the business premises of the dealer or only a police officer not below the rank of sub-inspector is competent .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H225
..... the said provision was in the following terms --'neither the federal nor a provincial legislature shall have power to make any law authorising the compulsory acquisition for public purposes of any land, or any commercial or industrial undertaking, or any interest in, or in any company owning, any commercial or industrial undertaking, unless the law provides for the payment of compensation for the property acquired and either ..... the court will strike down both the law as well as the executive action taken under such law, as it did in state of west bengal v. ..... in the official gazette the acreage of the ceiling area or economic holding, or the basis of determination of such ceiling area or economic holding, under sub-section (2) of section 5, regard being had to--(a) the situation of the land,(b) its productive capacity,(c) the fact that the land is located in the backward area, and(d) any other factors which may be prescribed. ..... bhanji munji, air 1955 sc 41, wherein it has been held that it is unnecessary to state in express terms in the statute itself the precise purpose for which property is being taken, provided from the whole tenor and intendment of the act it could be gathered that the property was being acquired either for purposes or the state or for purposes of the public and that the intention was to benefit ..... ' it would be noticed that' the above provision applies only to land, or to any commercial or industrial undertaking, or any interest in, or in any company owning, any .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR359
..... . outside the state of karnataka but the state of west bengal would be the appropriate government to refer the case under section 10 of the act to the labour court or tribunal as the situs of employment of workmen was located in ..... held that though the divisional office at bangalore would plainly have jurisdiction because it controlled the workmen at barrackpore who were employed beyond the state of karnatka, still it was held that the state of west bengal, which had jurisdiction over the situs of employment, would also have jurisdiction to take cognizance of the industrial dispute ..... it was factually held that barrackpore branch was under the control of the divisional office at bangalore yet the industrial tribunal in west bengal was held to have jurisdiction despite sternuous objection being raised thereto ..... it cannot be said that the reference of the dispute must necessarily be made by the state within the territory of which the head office of the employer company is situate especialy when the object of the act is to ensure fair terms to the workmen and to prevent disputes between employers and employees so that production might not be adversely affected and the larger interests of the public might not suffer ..... was held that the industrial dispute arose at barrackpore and the reference by the west bengal government was valid and legal ..... ., case (air 1955 bom 463) (supra) and its affirmance by the final court in ..... . 1955 bombay 463, which were affirmed by the final court in indian .....
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