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Judgment Search Results Home > Cases Phrase: mediation Court: punjab and haryana Year: 1982 Page 1 of about 43 results (0.029 seconds)

Aug 17 1982 (HC)

Khushal Singh Vs. Devinder Nath and ors.

Court : Punjab and Haryana

Decided on : Aug-17-1982

Reported in : AIR1983P& H151

1. this second appeal has been filed on behalf of the defendant-appellant against whom the plaintiffs' suit for redemption of the suit land was decreed by both the courts below.2. one mahinder nath sold the suit land to the defendant-appellant khushal singh on 12th june, 1964 for a sum of rs. 7,500/- to challenge the said sale a suit for pre-emption was filed on behalf of the plaintiff-respondents on 16th july, 1965. therein a compromise was arrived at between the parties and in view of the same, compromise decree ext. p. 3 dated 9th august, 1965 was passed in that suit. according to the terms of the compromise. khushal singh, know appellant, who was defendant in that suit was to remain in possession of the suit land as mortgagee for eight years and thereafter the land could be redeemed by the mortgagors on payment of rs. 7,500/- . on the basis of the said decree, mutation no. 730 was sanctioned on 29th august, 1970 vide which the sale stood converted into mortgagee in the aforesaid terms. another mutation no. p. 10 was also sanctioned treating the parties to be mortgagors and mortgagees in terms of the compromise. thus after the expiry of the said term of 8 years, the present suit was filed for redemption on 2nd aug., 1979 on payment of rs. 7,500/- the suit was resisted on behalf of he defendant-appellant on the ground that the suit does not lie as there is no relationship of mortgagor and mortgagee between the parties and the compromise was not binding of the parties, the .....

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Jan 20 1982 (HC)

Narinder Singh and ors. Vs. Arjan Singh and ors.

Court : Punjab and Haryana

Decided on : Jan-20-1982

Reported in : AIR1983P& H337

1. this second appeal has been filed by narinder singh, sukhdarshan singh and shrimati jaswant kaur alias harbans against the judgment and decree of the addl. district judge, faridkot dated 22nd july, 1970 affirming those of the subordinate judge ist class, faridkot for redemption of the property of the plaintiffs on payment of rupees 1,244/- .2. briefly, the case of the plaintiffs is that boor singh mortgaged the land in dispute with partap singh for a sum of rs. 1,244/- vide registered mortgaged deed dated 8th of sawan, 1967 b. k. the mutation of the mortgage was attested on 14th phagan, 1972 b. k. it is further pleaded that if the mortgage be held to have been created earlier on bhadon shudi 9, 1961 b. k., vide entry in the bahi, the suit was within limitation, because of the acknowledgement of the mortgagee contained in the mutation dated 14th phagan, 1972 b. k. consequently, they prayed that the decree for redemption be passed in their favour regarding the property on payment of rupees 1, 244/- .3. the suit was contested by defendants number 2 and 3 who inter alia pleaded that they were not the heirs of boor singh mortgagor. they further pleaded that the mortgage was effected on bhadon shudi 9, 1961 b. k. vide bahi entry and thus, the suit was barred by limitation. they denied that any acknowledgement was made by partap singh, their predecessor-in-interest.4. the learned trial court held that the plaintiffs and defendant no. 8 were the heirs of boor singh mortgagor and .....

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Feb 26 1982 (HC)

Joginder Singh and ors. Vs. Gurdev Singh and ors.

Court : Punjab and Haryana

Decided on : Feb-26-1982

Reported in : AIR1982P& H349

1. in this regular second appeal grouse against the concurrent decrees of the lower two courts is about the redemption of the suit land in favour of the plaintiffs-respondents on payment of rs. 400/-. the following facts furnish the necessary background of the case.2. sarwan singh, the original owner of the land, had mortgaged the same with possession for a sum of rs. 400/- with kaka singh, husband of predecessor-in-interest of the defendants. the plaintiffs claim that though they had got this land redeemed on 9th may, 1966, yet in subsequent civil litigation initiated by the defendants they had succeeded in securing the possession of the suit land. on the basis of their claim as mortgagors with effect from 11 the may, 1954 they filed the present suit for redemption of the land. the suit was contested by the defendants primarily on the ground that the same was barred by limitation as, according to them, prior to the purchase made by their predecessor-in-interest of the mortgage rights on 11th may, 1954, the same had been mortgaged in favour of gurdev singh and others and that mortgage had taken place more than sixty years prior to the filing of the suit.3. as already indicated, both the lower courts repelled the stand of the defendants and holding the suit to be within limitation, allowed the claim of the plaintiffs.4. the solitary contention now raised by the learned counsel for the appellants is that since the plaintiff-respondents have failed to produce and prove on record .....

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Oct 20 1982 (HC)

Karnail Singh and anr. Vs. the State of Punjab

Court : Punjab and Haryana

Decided on : Oct-20-1982

Reported in : 1983CriLJ713

s.s. sandhawalia, c.j.1. the statutory power of the police to investigate the cognazable offences under section 463. 471, 475 and 476 of the penal code vis-a-vis the bar under section 195(1)(b)(ii) of the cr. p. c. with regard to the cognizance thereof by a court, has ultimately come to be the significant question in this reference.2. karnail singh petitioner and another had instituted a civil suit on 25th of sept. 1980, against his brother jarnail singh and others seeking a declaration to the effect that they were owners in possession of the said land and for a permanent injunction against the defendants from interfering with their possession. this claim was rested primarily on a will allegedly executed on the 27th april, 1977 by the petitioner's father hari singh. during the pendency of the said suit jarnail singh aforesaid who was a defendant therein made an application before the senior superintendent of police, amritsar, alleging that the will purporting to be dated the 27th april, 1977, relied upon by the petitioner had been desigendly forged and thereby the petitioner had committed the offence of cheating and forgery. on the basis of the said application a case under sections 420, 467 and, 471 of the penal code was registered at police station, majitha, and the investigation thereof was commenced.3. the petitioner thereafter preferred the present petition under section 482 of the cr. p. c. 1973 (hereinafter referred to as the code) seeking to quash the first .....

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Oct 07 1982 (HC)

Tek Chand Vs. Danno Devi

Court : Punjab and Haryana

Decided on : Oct-07-1982

Reported in : AIR1983P& H199

1. the facts giving rise to this second appeal are that tek chand, plaintiff-appellant, field the suit for declaration alleging therein that he was born posthumously after the death of his father mange ram. his father owned 704 kanals, 3 marlas of land. he succeeded to this land from him, and was in possession thereof through his tenants. the mutation of inheritance sanctioned in his favour was contested by his collaterals. they raised objection that the plaintiff was not the son of his father mange ram. the objection was overruled and the mutation was sanctioned in his favour. later on, another mutation was entered on dec. 18, 1969, which was sanctioned on may 26, 1970, in favour of his mother, the defendant. this necessitated the filing of the present suit. the suit was contested on behalf of the defendant wherein the trial court framed the issues on oct. 5, 1971. the case was adjourned to jan. 3, 1972, for the evidence of the plaintiff. his evidence was not presented that day and the case was adjourned to march 28, 1972 on payment of rs. 20/- as costs. again, no evidence was produced by him on march 28, 1972 and the case was, consequently, adjourned to may 12, 1972, on payment of rs. 50/0-as costs. that day also, the plaintiff did not produce any evidence, but filed an application under o. xxiii, rr. 1 and 2 read with s. 151, civil p. c. for the withdrawal of the suit with permission to bring to fresh suit on the same cause of action. that application was opposed on behalf .....

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Feb 01 1982 (HC)

Kalwa Vs. Vasakha Singh and anr.

Court : Punjab and Haryana

Decided on : Feb-01-1982

Reported in : AIR1982P& H480

s.s. sandhawalia, c.j. 1. ther sub-section (2) of section 15 of the punjab pre-emption act, 1913 is an independent self-contained provision or is merely a proviso to the preceding sub-section (1) despite the non obstante clause with which it begins has come to be the spinal issue in this reference to a bench of seven judges.2. it is because of a veiled doubt about the correctness of the settled law within this court by a bench of five judges in karta ram v. om parakash, air 1971 punj & har 423 (fb) and a co-equal bench in prithi pal singh v. milkha singh, air 1976 punj & har 157 (fb), that this reference seems to have been necessitated. because of this and indeed in view of an implied challenge to the very doctrine of precedent which it involves, the matter calls for an exhaustive and in-depth examination.3. for issues so pristinely legal, the facts would invariably pale into insignificance. yet law even in abstract must retain its connection with the terra firma of the factual matrix. it suffices, therefore, to advert to the facts relevant to the legal issue in kalwa v. vasakha singh and others, r. s. a. no. 67 of 1969. jagdish chand was the original owner of the land in dispute, with other co-sharers. on his death, mutation no. 72 was sanctioned on may 21, 1965 in favour of his two sons--inder partap singh and ravi; sarla devi, vijay devi, vijay laxmi, his daughters; and vidhya wanti his widow, in equal shares. the heirs aforesaid sold the land to the vendees by a .....

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Aug 26 1982 (HC)

inder Singh and ors. Vs. Ujagar Singh

Court : Punjab and Haryana

Decided on : Aug-26-1982

Reported in : AIR1983P& H83

1. this second appeal has been filed by the defendants-appellants against whom the plaintiff-respondent's suit was dismissed by the trial court, but in appeal, the decree passed by it was set aside and his suit for possession of agricultural land measuring 44 kanals 14 marlas was decreed on the basis of the title by the lower appellate court.2. admittedly, the plaintiff is the owner of the suit land. according to him, the same was orally mortgaged by him with possession with the defendants for a sum of rs. 2,000/- on dec. 10, 1960. as the defendants did not allow him to redeem the suit land, the present suit for redemption was filed. later on, amendment of the plaint was sought which was allowed, in appeal, and the plaintiff, in the alternative, claimed possession of the suit land, on the basis of his title. in the written statement. the defendants denied any mortgage having been created in their favour by him. it was alleged that he had desired defendant no. 4 to arrange the marriage of his daughter with mukhtiar singh, the sister's son of defendants nos. 1, 2 and 4, the said marriage was arranged accordingly. thereafter, he expressed his intention to sell the suit land which was agreed to be purchased by defendants nos. 1, 2 and 4, for a sum of rupees 5,000/- according to them, the said amount was paid to him, though the sale amount was paid to him, though the sale deed was not executed as the latter represented to the former at that time that he being under taccavi debt, .....

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Aug 18 1982 (HC)

The Chief Commissioner, Union Territory and ors. Vs. Sushil Flour, Dal ...

Court : Punjab and Haryana

Decided on : Aug-18-1982

Reported in : [1983]52STC72(P& H)

s.s. sandhawalia, c.j. 1. the larger question that looms in this set of three appeals under clause 10 of the letters patent is whether an administrator of a union territory appointed under part viii of the constitution is a delegate of the president or only a medium through whom the president acts.2. the factual matrix giving rise to the issue aforesaid is undisputed and narrow in compass. under section 5(1) of the punjab general sales tax act the power to issue notifications for fixing the rate of sales tax thereunder has been vested in the state government. on the creation of the union territory of chandigarh on 1st november, 1966, the punjab general sales tax act, 1948 (hereinafter called the act), was made applicable to the said union territory by virtue of sections 88 and 89 of the punjab reorganisation act. on 18th april, 1968 (vide notification of even date), the administrator of the union territory of chandigarh (designated as the chief commissioner), in exercise of the powers conferred under section 5 of the act, enhanced the rate of tax leviable from 2 to 3 per cent. similar notification was issued on 11th june, 1969, and later on 13th june, 1975, enhancing the tax to 4 per cent. the last notification calls for notice in extenso :'no. 3658-utf 11(6)75/8394.--in exercise of the powers conferred by sub-section (1) of section 5 of the punjab general sales tax act, 1948, and all other powers enabling him in this behalf, the chief commissioner, chandigarh, is pleased to .....

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May 19 1982 (HC)

Atul Glass Industries Vs. the Assessing Authority

Court : Punjab and Haryana

Decided on : May-19-1982

Reported in : [1983]53STC144(P& H)

j.m. tandon, j.1. the petitioner, atul glass industries, a partnership firm, is manufacturing mirrors in faridabad since 1960. it was not registered under the punjab general sales tax act, 1948 (hereafter 'the act'). the assessing authority, faridabad, issued notice (annexure p2) in form s.t. xiv under section 11(6) of the act to the petitioner on 3rd march, 1965, for the years 1960-61, 1961-62, 1962-63 and 1963-64. the petitioner was called upon to produce all the account books for the four years detailed above on 8th march, 1965. this notice was served on the petitioner on 6th march, 1965. the same assessing authority issued another notice dated 20th february, 1970 (annexure p3), for the year 1964-65 directing the petitioner to produce the account books for the year 1964-65. the assessing authority thereafter created liability of the petitioner under the punjab general sales tax act as also under the central sales tax act vide order dated 3rd december, 1965. the petitioner assailed that order of assessment in civil writ petition no. 2544 of 1966 which was accepted on 3rd december, 1970, vide order reported as atul glass industries, faridabad v. state of haryana [1971] 28 stc 148. it was held that before an order of assessment could be made, it is the duty of the assessing authority to find out whether the assessee is a dealer under the act as also under the central sales tax act and the date of liability for the payment of tax was equally to be determined. it was also held .....

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Jan 27 1982 (HC)

Mam Raj Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Jan-27-1982

Reported in : AIR1982P& H211

s.s. sandhawalia, c.j. 1. whether a dispute between a co-operative society on the one hand, and the employee, agent, or member, of another co-operative society (claming through a member), is within the ambit of arbitration under s. 55(1)(b) of the punjab co-operative societies act, 1961--is the significant question which has necessitated the hearing of this writ petition by the full bench. also at issue is some discordance of precedent within this court though at the motion stage.2. mam raj petitioner was working as the salesman of the imbli co-operative agriculture service society ltd. which used to purchase fertilizers from the jagadhri co-operative marketing-cum-processing society ltd., jagadhri (hereinafter called the 'marketing society') on a consignment basis. the commission earned by the imbli co-operative agricultural service society ltd. (hereinafter called the imbli society), on the sale of such fertilizers payable by the marketing society was shared equally by the petitioner and the imbli society. a dispute arose between the marketing society and the imbli society inter alia with regard to the payment of the commission on fertilizers and the matter was referred to the assistant registrar, co-operative societies, yamunanagar for arbitration under s. 55 of the punjab co-operative societies act, 1961 (hereinafter called 'the act'). the arbitrator rendered an award therein, which, however, was later quashed by the civil court. thereafter, the marketing society sought .....

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