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Judgment Search Results Home > Cases Phrase: mediation Court: punjab and haryana Year: 2001 Page 1 of about 63 results (0.025 seconds)

Aug 28 2001 (HC)

Monga Rice Mill Vs. State of Haryana and anr.

Court : Punjab and Haryana

Decided on : Aug-28-2001

Reported in : [2002]125STC304(P& H)

..... result, a miller who purchases paddy and sells rice to the foreign buyer, is exempted from payment of purchase tax. however, in case, the miller only sells it to a mediator, viz., the exporter, the transaction of purchase of paddy by the miller is not covered under sub-section (3).26. mr. sarin referred to the provisions of section 12 of .....

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Mar 28 2001 (HC)

Jawan Vs. Mewa Singh

Court : Punjab and Haryana

Decided on : Mar-28-2001

Reported in : AIR2001P& H344

v.k. bali, j.1. the act to amend and consolidate lawrelating to tenancy of agricultural lands and to providefor certain measures of land reforms inclusive of acquisition of proprietary rights by tenants called as thepepsu tenancy and agricultural lands act, 1955(here-in-after referred to as the 'act of 1955') cameinto being on march 6, 1955. a tenant, who is not liable to be ejected under clauses (a) and (b) of sub- section (1) of section 7-a or under clauses (a) and (b) ofsub-section (2) of section 7-a, was for the first time,given right to acquire proprietary rights. primarily,such tenants were those who were not occupying theland reserved by landowner for his personal cultivation. 2. appellants, who were tenants of big landowner bhag singh, on introduction of act of 1955, thought that a piece of land occupied by them for number of years would now be owned by them. luck has smiled on them and their status would change from mere tillers of land to landowners, in their pursuit to become proprietors, they made an application on august 26, 1963 before the prescribed authority. a period o nearing four decades has gone by and, as on today, far from being proprietors, they are not even in possession of land, erstwhile occupied by them as tenants, having been forcibly dispossessed. the big landowner, bhag singh and his successors-in-interest have webbed a net around the appellants in which they have weaved all tricks. the pleas raised by them from time to time, naturally suiting .....

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Jan 19 2001 (HC)

State of Haryana Vs. Raj Kaur

Court : Punjab and Haryana

Decided on : Jan-19-2001

Reported in : AIR2001P& H322

m.l. singhal, j. 1. raj kaur and phulpati are daughters of har narain son of dhani of village lajwana kalan, tehsil and distt. jind. har narain son of dhani had 176th share (in the agricultural land measuring 141 bighas 12 biswas pukhta and in the land measuring 21 bighas 5 biswas pukhta situated in the area of village lajwana kalan, tehsil and distt. jind) as detailed in the heading of the plaint. har narain died in the year, 1967 leaving behind them as his sole heirs being his daughters. anant ram is the son of fateh singh son of kanhaiga lal son of dhani. he is thus the real nephew of har narain. har narain did not execute any will in favour of anant ram and jai bhagwan sons of fateh singh on 25.8.1966. fateh singh manipulated will dated 25.8.1966 alleged to have been executed by har narain in favour of anant ram and jai bhagwan sons of fateh singh. the alleged will is fictitious and not genuine. it was obtained by fateh singh through fraud played upon har narain. at the time of execution of the said will har narain was not in disposing mind as he was ill. he was not ever told by fateh singh that will was being executed by him (har narain). thumb impressions of har narain were obtained by fraud and mis-representation. will was not executed by har narain of his free will and volition. there was no reason for har narain deceased to execute will in favour of anant ram and his brother jai bhagwan when he had daughters. there was no reason for har narain to deprive his .....

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Sep 28 2001 (HC)

S.A. JaIn College Trust and Managing Society Vs. the State of Haryana ...

Court : Punjab and Haryana

Decided on : Sep-28-2001

Reported in : (2004)136PLR287

m.m. kumar, j.1. this appeal under clause x of the letters patent is directed against judgment dated 25.10.1985 rendered by the learned single judge in rfa no. 390 of 1975 vide which the learned single judge has rejected the claim of the appellant s.a. jain college trust, ambala city or apportionment of compensation in respect of the land acquired vide notification no. 6605-edi/13595 dated 15.5.1968 read with notification nos. 4034-edi/69/14965 dated 11.6.1969 and no. 10244/edi/69/20482 dated 13.8.1969 issued under sections 4 and 6 of the land acquisition act, 1894 (for short 'the act'). the claim of the appellant for apportionment under section 30 of the act was rejected earlier by the learned additional district judge, ambala, vide his order dated 30.12.1974.2. this case is a classical illustration of miseries heaped on a migrant resulting from the allotment of evacuee land. this historical and unique exodus following the partition of the country in 1947 resulted into enactment of various acts leading to decades long legal battles for the allottees. shri ahsan elahi leased out land measuring 41 k-14 m situated in village patti jattan, tehsil and district ambala vide registered lease deed for a period of 99 years to the appellant-s.a. jain college trust, ambala city. section 5-a of the east punjab evacuees (administration of property) act, 1947 (for brevity, 1947 act;) has provided that a lease deed executed after 15.8.1947 in respect of an evacuee property could be .....

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Nov 19 2001 (HC)

Hamelo (Deceased) Vs. Jang Sher Singh

Court : Punjab and Haryana

Decided on : Nov-19-2001

Reported in : AIR2002P& H147

m.m. kumar, j.1. this is a plaintiff-appellant's (for brevity 'the plaintiff) second appeal directed against the judgment and decree passed by the additional district judge, karnal dt. 6.3.1980. the additional dist. judge, karnal in his judgment partially agreed with the findings recorded by the sub judge, 2nd class, karnal on 13.2.1979. the relief claimed in the suit was that the registered sale deed dated 9.2.1976 executed by the plaintiff-appellant in favour of the defendant-respondent (for brevity 'the defendant') for a period of 99 years be declared as null and void and thus not binding on the plaintiff-appellant. as a consequence of the declaration, further relief claimed was that the plaintiff be given possession of agricultural land measuring 241 kanal 12 marlas situated in village bhauji, tehsil and district karnal, as described in the plaint.2. the case set up by the plaintiff is that she is the owner of the suit land measuring 241 kanals 12 marlas situated in village bhauji, tehsil and distt. karnal as per jamabandi for the year 1970-71. the defendant is her real brother's son. the agricultural property was inherited by the plaintiff from her husband after his death. it is claimed that the plaintiff was in self cultivating possession of the afore-mentioned agricultural land till kharif 1976. earlier to 1976, she used to give this land for cultivation to ramjilal and gian singh as tenant who were her husband's brother's sons. it is further pleaded that on account of .....

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Aug 29 2001 (HC)

The State of Punjab and ors. Vs. Surjit Kaur and ors.

Court : Punjab and Haryana

Decided on : Aug-29-2001

Reported in : AIR2002P& H68

v.k. bali, j.1. without raising any dispute on facts and consequently on the right of respondents herein to seek redemption of the mortgage of their land, the state of punjab, appellant in this letter patent appeal filed under clause x of the letter patent has endeavoured to scuttle the aforesaid claim of redemption of mortgage on the plea of limitation. is the plea of limitation a bar to the relief claimed, i.e., redemption of mortgage, and has any legal force and if not, is state justified in pursuing such matters on such technicalities are the questions that need determination in this appeal.2. brief facts of the case reveal that the predecessor-in-interest of surjit kaur, widow, roop singh and jit kaur, son and daughter of bishan singh filed an application on june 29, 1976 before the assistant collector, custodian jalandhar for redemption of mortgage of their land measuring 54 kanals 12 marlas. the said land, as per revenue records and, in particular, mutation no. 51, at the relevant time 17 bighas 17 biswas, which after consolidation was 54 kanals 12 marlas, was mortgaged by predecessors-in-interest of petitioners, fateh and jiwa for a sum of rs. 30.50 paise through an oral transaction on june 12, 1912 in favour of one wali mohammad. it is quite apparent from the records of the case and so is finding of learned single judge that after partition of the country in 1947, wali mohammad left for pakistan and that is how the interest of mortgagee was shown in favour of the .....

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Feb 02 2001 (HC)

Ram Chander Vs. Anguri Devi

Court : Punjab and Haryana

Decided on : Feb-02-2001

Reported in : I(2002)DMC193

r. l. anand, j.1. reconciliation efforts made but not succeeded.2. this is a husband's appeal and has been directed against the judgment and decree dated 25.10.1999, passed by the court of additional district judge, kaithal, who, dismissed the petition under section 13 of the hindu marriage act filed by shri ram chander against his wife anguri devi.3. it has been inter alia pleaded by the appellant that his marriage with the respondent took place on 6.3.1968. the parties to the marriage co-habited with each other and a female child was born in the year 1983 i.e. after 15 years of the marriage. it is the common case of the parties that they co- habited with each other as husband and wife for 18 years. the petitioner is seeking the divorce by alleging that the behaviour of the respondent became disrespectful, non-co-operative, rude and offensive. since the solemnisation of the marriage, she used to treat the petitioner with cruelty and she also used to hurl abuses. respondent was in the habit of leaving the matrimonial home without the consent of the appellant and against his wishes. after 18 years of the marriage, respondent left the matrimonial home with the minor child. she filed a petition under section 125 cr.p.c. she further filed a criminal case under sections 406/498a i.p.c. in the year 1994 against the petitioner and his family members and all these acts committed on the part of the respondent are the acts of cruelty. it was further pleaded by the petitioner-appellant .....

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Nov 29 2001 (HC)

Bhagat Singh Vs. Dilawar Singh and anr.

Court : Punjab and Haryana

Decided on : Nov-29-2001

Reported in : 2002CriLJ1705

orderbakhshish kaur, j.1. this is a petition under sections 10 and 12 of the contempt of courts act read with article 215 of the constitution of india.2. bhagat singh-petitioner had purchased a plot measuring 550 squares yards as 165/1944 share of 10 kanal, 16 marlas land comprising in khasra no.4/24/1 andl4/4/l situated in risala, tehsil and district panipat, for a consideration of rs. 66,000/- vide sale deed dated 19-5-1990. mutation was sanctioned in his favour on 20-8-1994.3. the respondent with the intention to grab the land in question, tried to demolish the northern boundary wall of the plot, which gave rise to the filing of the suit for permanent injunction by the plaintiff. the civil court vide its order dated 18th march, 1996 directed the parties to maintain status quo. copy of the order is annexed herewith the petition as annexure p-2. ultimately, the suit was decreed on 6th december, 1997 as per order annexure p-3.4. in january, 2001, the contemnors started doing earth filling work in the plot in question besides doing some foundation work on the plot. the petitioner again approached the contemnors to desist from forcibly dispossessing him. the petitioner also approached the superintendent of police, panipat to take necessary action against the contemnors. on 30th january, 2001, the petitioner had engaged some mason and labourers to do the construction work on the plot. the contemnors arrived there and ihreatened the labourers and the petitioner with dire .....

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Jul 24 2001 (HC)

Madan Lal Vs. Smt. Sumitra Devi

Court : Punjab and Haryana

Decided on : Jul-24-2001

Reported in : ECN:2001(2)RCR212

r.l. anand, j.1. shri madan lal has filed the present revision and it has been directed against the judgment dated 3.10.1980 passed by the court of learned rent controller, bhiwani, who dismissed the application of the petitioner under order 9, rule 13, civil procedure code by holding that the order of ejectment passed by the learned rent controller on 14th march, 1978 has merged with the order of appellate authority passed on 14th february, 1979.2. some facts can be noticed in the following manner:smt. sumitra devi respondent filed an ejectment petition under section 13 of the haryana urban (control of rent and eviction) act, 1973 (hereinafter referred to as the act) against shri madan lal. the petitioner herein was proceeded ex parte and after recording the ex-parte proof, the learned rent controller vide order dated 14th march, 1978passed the ejectment order directing the tenant to filed vacate the demised premises. against this order, the tenant-petitioner filed at the first instance, an application under order 9 rule 13 c.p.c. before the court of the rent controller. this application was filed by him on 15th june, 1978. he also filed a statutory appeal under section 15 of the act before the appellate authority on 22nd june, 1978. on 14th february, 1979 when the rent appeal came up for hearing before the appellate-authority, the petitioner made a statement to the following effect :'my application for setting aside ex parte proceedings is pending before the trial court. i .....

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Jan 24 2001 (HC)

N.K. Gupta Vs. Vijay Kumar Madan

Court : Punjab and Haryana

Decided on : Jan-24-2001

Reported in : 2001(1)ALD(Cri)771

s.s. nijjar, j.1. heard learned counsel for the parties at length.2. the petitioners had taken on rent premises belonging to the respondent. a sum of rs. 3 lacs was deposited with the respondent as interest-free security and six cheques in the sum of rs. 50,000/-each were issued in favour of the respondent in lieu of making alterations to the demised premises. the first five cheques issued by the petitioners were honoured. the sixth cheque was dis-honoured. it was dishonoured, according to the petitioners, as the respondent failed to fulfil his obligation to complete the alterations to the demised premises. in view of the dishonour of the cheque, the respondent filed a criminal complaint, annexure p-l, under section 138 of the negotiable instruments act, 1881 (hereinafter referred to as 'tha act'). this complaint is pending in the court of learned chief judicial magistrate, gurgaon. by order dated 22.7.1998, the petitioners were summoned to appear in court. the petitioners made an application for recall of the summoning order which was dismissed on 10.3.1999. in this order, the trial court hasobserved that the cheque had been dishonoured due to insufficient funds. thus, prima facie, the stand of the petitioners was found to be untrue. the petitioners had also alleged that civil litigation was pending between the parties and, therefore, the complaint was an abuse of the process of the court. this submission was also rejected by the trial court. against the aforesaid order of .....

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