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Judgment Search Results Home > Cases Phrase: mediation Court: punjab and haryana Year: 1989 Page 1 of about 88 results (0.118 seconds)

Sep 06 1989 (HC)

Nirmal BhasIn and ors. Vs. Alka Bhasin

Court : Punjab and Haryana

Decided on : Sep-06-1989

Reported in : I(1990)DMC413

..... house, he cannot be said to have committed any offence. the authority cited as also arguments based upon it are on different facts. therein there was no allegation of the mediator having received the dowry articles with other accused while in the present case he is alleged to have received them.6. further it was urged that the dowry articles were .....

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Mar 03 1989 (HC)

Smt. Parmeshwari Vs. the Financial Commissioner, Revenue, Haryana, Cha ...

Court : Punjab and Haryana

Decided on : Mar-03-1989

Reported in : (1989)96PLR177

orderm.m. punchhi, j.1. these are two letters patent appeals nos. 849 and 850 of 1982 arising out a common judgment of an hon'ble single judge of this court. the facts giving rise thereto are common and can be narrated as follows:2. three brothers, namely, chuni lal, ganga bishan and bhagarawat owned 1920 bighas and 13 biswas of agricultural land in village jandwala bhishnoian, tehsil debwali, district hissar, on the date of the commencement of punjab security of land tenures act, 1953 (hereafter referred to as 'the act1). on the death of bhagarawat, his son amar singh succeeded to his estate. that in the eye of law did not alter anything. the three co-sharers, namely, chuni lal, ganga bishan and amar singh continues to be in the enjoyment of their joint folding till 1-9-1964 when by means of an oral partition, they had a mutation sanctioned whereby they split their holdings. before-hand, however, 521 bighas 1 biswas of land had been taken away by occupancy tenants and the remaining 1399 bighas 12 biswas was effectually the subject matter of the mutation. thereunder chuni lal received 466 bighas 12 biswas of land. the respective three owners after the partition continued to be big landowners as the term in contradistinction is known vis-a-vis the term 'small landowner' as defined in the act.3. now there was a tenant by the name of bhagirath, respondent no. 4 herein, who was in cultivation over a sizeable tract of land under the joint owners. it appears that hisentire tenanted .....

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Dec 22 1989 (HC)

Ram Singh and ors. Vs. Joint Director Panchayats and ors.

Court : Punjab and Haryana

Decided on : Dec-22-1989

Reported in : (1991)99PLR29

n.c. jain, j.1. this judgment of mine will dispose of civil writ petitions no. 3526, 3634 to 3644, 3649, 3908 of 1987, 5210 and 5607 of 1989 as the point involved in all of them is the same. both the counsel for the parties are agreed that the fact of the case be picked up from civil writ petition no. 3634 of 1987.2. the broad and the basic facts of the case as they emerge from the writ petition and the application for ejectment are that the gram panchayat, respondent no. 3 filed an application before the divisional deputy director, rural development and panchayats (exercing the powers of the collector) (hereinafter to be referred as 'the collector'), patiala respondent no. 2, under section 7 of the punjab village common lands (regulation) act, 1961 (hereinafter called 'the act') on the ground that the land in dispute is 'shamilat' according to section 2(g) of the act and that the petitioners were in unauthorised possession of the same and, therefore, liable to be ejected therefrom. the petitioners claimed that the land was not shamilat deh and that it was wrongly shown in the revenue record for the year 1980-81 as shamilat deh. the petitioners claimed to be in continuous possesion of the land through their predecessors in-interest from time immemorial, that is before 1949. the land was claimed to be banjar qadim makbooza malkan. it was further stated that the land was never used for the common purposes of the village community according to entries of the revenue record at .....

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Mar 14 1989 (HC)

Gram Panchayat Village Haripura Vs. Commissioner, Ferozepur Division, ...

Court : Punjab and Haryana

Decided on : Mar-14-1989

Reported in : AIR1989P& H247

m.m. punchhi, j. 1. these cases, which are five in number, reveal the typicalland-grab resorted to by people occupying panchayat lands which were meant for the general benefit of the rural inhabitants of the village.2. in these five writ petitions, nos. 2726, 2774, 3797, 3798 and 3799 of 1984, there is a common petitioner. gram panchayat of village haripura, tehsil fazilka, district ferozepur. on the opposite side are arrayed three respondents, two being officials and the third contesting one claiming to be a tenant of the panchayat, resisting eviction under the provisions of the punjab public premises and land (eviction and rent recovery) act, 1973 (hereinafter referred to as 'the act'). since the facts giving rise to each of them are identical, we would take a broad conspectus of the things emerging from one of the cases.3. the land covered in all the five cases was 'shamlat den' as the expression was known to the punjab village common lands (regulation) act, 1953 (hereinafter referred to as the 'shamlat law'). such land by virtue of the shamilat law vested in the gram panchayal the owners of the shamilat land, however, adopted a device in writing a memorandum of association of haripura trust committee, haripura, and had it registered. it was mentioned therein that the general committee shall consist of 21 members who are the owners of the shamilat which has been transferred to the trust for the objects mentioned therein. in this way, as goes the statement of gurdev singh .....

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Aug 21 1989 (HC)

State of Punjab Through Collector Vs. Shri Radha Krishan

Court : Punjab and Haryana

Decided on : Aug-21-1989

Reported in : (1990)97PLR270

j.s. sekhon, j.1. the judgment will dispose of regular first appeal nos. 1083,1084, 1085 and 1086 of, the year 1984, tiled by the state of punjab as well as the respective, cross objections nos. 90 91-c1, 92 cland 93- cl of 1984 filed by the concerped landowners, as all these matters arise out of the same award of the learned addl. district judge hoshiarpur and rest upon the same evidence.2. in brief, the facts, are that in pursuance- of the notification published on december 29, 1978 under section 4 of the laud acquisition apt, 1894 (hereinafter referred to as the act) the state of punjab sought to acquire 743 acres of land from, the revenue estate of village naloian, hadbast no. 225, tehsil and district; hoshiarpur for canalising nasraia cho between city bridge and bye-pass bridge and for providing embankment on both sides. notice under section 6 of the act was published on august 28, l981 after measurement of the land, the actual area of the land was found to be 7.33. acres. the land acquisition coltector vide his , award dated, april 20, 1982 awarded compeasation of the land @ rs. 200/- per marla.3. being dissatisfied with the adequacy of the compensation the land owners suocessfully sought peference, under section 18 of the act to the court of the distiict judge, hoshiarpur.4. the learned additional district judge, hoshiarpur vide his impugned award dated january 7, 1984 enhanced the compensation of the acquired and @ rs. 500/- per marla. s/shri bishan dass and surender .....

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Oct 03 1989 (HC)

Gurbachan Singh and anr. Vs. the Gram Panchayat of Mansuha Kalan and o ...

Court : Punjab and Haryana

Decided on : Oct-03-1989

Reported in : (1990)97PLR226

s.s. grewal, j.1. this regular second appeal is directed against the judgments and decrees of the courts below, whereby, the suit of the plaintiff-appellants, for a declaration, that the suit land belongs to doongran patti, and nubani patti, the same is not vested in the. gram panchyat, and that the same has been wrongly mutated in favour of the gram panchyat, has been dismissed it was further pleaded that on the basis of the wrong mutation entries, the revenue entries in the jamabandis for the years l965-66,l970-71 and, 1975-76, in respect of the land in suit were also wrong. an application for correction by way of making correct entries was made after due verification, the correction of the revenue record was ordered by the assistant collector, iind grade, rupnagar, on 30th march, 1977, and again on 27th july, 1977.2. the gram panchayat prefered an appeal before the collector alleging that the assistant collector bad no jurisdiction, and that the jurisdiction vested in the civil court. the revision fled by the plain tiffs before the commissioner was rejected consequently the plaintiffs filed the civil suit on the averments that mutation no; 68 did not relate to the land in dispute, and, therefore, by mistake the entries were made in the jamahandies for the year 1965-66 and subsequent jamabandies that the land in dispute, is situated in the nohani patti, and, that the revenue record also shows, that the land in dispute was never mutated in favour of the gram panchayat of the .....

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Apr 27 1989 (HC)

Charan Dass and ors. Vs. Punjab State and ors.

Court : Punjab and Haryana

Decided on : Apr-27-1989

Reported in : (1990)97PLR659

naresh chander jain, j.1. this judgment will dispose of regular first appeal nos. 813 to 8i5 of 1980 filed by the landowners, as they arise out of a common award of the district judge. gurdaspur. by issuance of notification under section 4 of the land acquisition act, 1894 (for short 'the act') issued on 24th january 1978, land measuring 81 acres 4 kanals situated in village paniar, tehsil and district gurdaspur was acquired by the state of punjab for setting up a sugar mill at paniar. the land acquisition collector assessed the market value of the acquired land on the following rates :nature of land rate per acrenehri and chahi rs. 7000/-barani(i) rs. 6144/-barani (ii) rs. 5468/-ghairmumkin rs. 3000/-on reference under section 18 of the act the district judge by award under challenge determined the market value of the entire acquired land at the rate of rs. 10,000/- per acre. for arriving at the figure of rs. 10,000/-, the district judge has taken an average of transactions of sales produced by the claimants and the state that is, exhibits a2 to a4, and r-ll to r-14 which were prior to the notification under section 4 of the act.2. after hearing the learned counsel for the parties, i am of the view that the average price fetched by sale deeds exhibits a2 to a4 would be the best criterion to determine the market value of the acquired land. all these three sale deeds were executed and registered prior to the date of notification under section 4 of the act. by exhibit a2, land .....

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Aug 29 1989 (HC)

Punjab State Through Collector Vs. Kamla Devi (Died) and ors.

Court : Punjab and Haryana

Decided on : Aug-29-1989

Reported in : (1990)98PLR75

jai singh sekhon, j. 1. this judgment will dispose of regular first appeal no. 819 of 1985 filed by the state of punjab as well as cross-objection no. 83-ci of 1986 preferred by the landowner-claimants as these arise out of the same award of the learned district judge. hoshiarpur, and rest on the same evidence.2. in brief, the relevant facts are that land measuring 39 kanals 16 marlas was sought to be acquired by the state government vide notification dated december 1, 1978, published on january 19, 1979, under section 4 of the land acquisition act (hereinafter referred to as the 'act') for the construction of a bye-pass road at hoshiarpur. the laad acquisition collector awarded compensation of the acquired land at the rate of rs. 300/- per marla. the collector also awarded interest at the rate of 6 per cent per annum over the market value of the acquired land for the years 1964 to 1979 on the basis of letter no. 1/26/82/lr/1/2831 dated march 9, 1983, of the state government. the claimants being dissatisfied with the adequacy of the compensation-successfully sought reference under section 18 of the act to the court of district judge, hoshiarpur. the learned district judge, hoshiarpur vide his impugned order dated february 18, 1985, enhanced the compensation to rs. 600/- per marla besides allowing benefits of all the amended provisions of the act under issue no. 3 it was held that although the state government is bound by its commitment to pay interest at the rate of 6 per .....

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Dec 07 1989 (HC)

Harjinder Singh Vs. Pritam Singh

Court : Punjab and Haryana

Decided on : Dec-07-1989

Reported in : (1990)98PLR172

n.c. jain, j. 1. the facts giving rise to the present revision petition may be noticed in a very narrow compass. harjinder singh, plaintiff-petitioner filed the suit challenging the order of redemption passed by the collector, muktsar dated, 30-3-1987 under the provisions of the punjab redemption of mortgages act on certain grounds. during the pendency of the suit, an application for amendment of plaint, has been filed by him to the effect that he may be permitted to delete the factual position that he was a mortgage in the suit land and that in place of the plea of his being mortgagee, he may be permitted to take up the plea that he was the owner of the suit land and that the sale deed dated 19-6-1958 and mutation no. 1089, dated 11-12-1960 was null and void and a mere paper transaction. the amendment has been sought on the ground that pending the redemption application, the kidneys of the plaintiff were damaged as a result of which he had to go out of punjab for treatment and that he never instructed his general attorney to take up the plea which was originally taken. the amendment has been declined on the ground that once the plaintiff has admitted the existence of mortgage, he cannot deny the relationship of mortgagee and mortgagor and that if the amendment is allowed, it would amount to permit the plaintiff to withdraw an admission made in favour of the defendant the trial court was of the view that if the proposed amendment is allowed, the plaintiff would withdraw his .....

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Aug 31 1989 (HC)

Bhagwan Kaur and Others Vs. Ranjit Singh and Another

Court : Punjab and Haryana

Decided on : Aug-31-1989

Reported in : AIR1990P& H89; (1990)97PLR290

1. this second appeal is directed against the judgment and decree of the first appellate judge who on appeal affirmed that of the trial court although on different reasons.2. the facts:the predecessor-in-interest of the appellants, gobind singh (hereinafter referred to as the plaintiff), brought a suit against the predecessor-in-interest of the defendants (hereinafter referred to as the defendants) for a declaration to the effect that he was the exclusive owner in possession of the disputed land. he pleaded that he got the land in, exchange for his haveli from the owners jeona and sahib dayal. on sept. 21, 1951 during consolidation proceedings, a resolution was recorded at sr. no. 144 of even date with regard to the factum of exchange. he continued to be in possession of the land got in exchange. jeona and sahib dayal entered into possession of his haveli. in the alternative, the ownership was also claimed on the ground of adverse possession. jeona died 22 years prior to the filing of the suit whereas sahib dayal died five years later. suit was filed against defendant/respondent no. 1. gurdial kaur daughter of jeona and sister of sahib dayal was impleaded as a defendant in the suit and on her death her son was brought on record as defendant no. 2.3. the defendants controverted the allegations made in the plaint and inter alia pleaded that the suit land was given to gobind singh for cultivation as a tenant on rent. the possession over the haveli was admitted but it was pleaded .....

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