Skip to content


Judgment Search Results Home > Cases Phrase: mediation Court: punjab and haryana Year: 2008 Page 1 of about 193 results (0.026 seconds)

Aug 07 2008 (HC)

NaraIn Singh and ors. Vs. the Joint Secretary, Panchayats, Punjab Exer ...

Court : Punjab and Haryana

Decided on : Aug-07-2008

Reported in : (2008)152PLR179

harbans lal, j.1. this petition has been filed by narain singh, dharam singh through his legal representatives, pritam singh, risal singh, mohinder singh and sulakhan singh under articles 226/227 of the constitution of india for quashing the impugned orders, annexures p-2 and p-4.2. the facts which led to the filing of this petition are that on 3.4.1967, the petitioners filed a civil suit no. 77 of 1967 in the court of sub judge, 1st class, ajnala for possession of land measuring 689 kanal 4 maria delineated in the heading of the plaint on the ground that they were owners of the said land and that mutation no. 495 sanctioned in favour of respondent no. 3 (referring to the gram panchayat of village kuralian tehsil ajnala district amritsar) was illegal and ineffective against their rights. the said suit, after contest by respondent no. 3 and two other defendants, was decreed on 29.4.1968 against respondent no. 3 for possession of the suit land excepting the land measuring 196 kanal 11 maria. the suit qua ajaib singh and karnail singh, defendants was dismissed vide annexure p-1. in execution of the said decree, the petitioners took the possession of the disputed land on 20.1.1980. an entry in relation to the delivery of possession was duly made in nakal roznamcha vakiati for 1979-80. the aforesaid judgment and decree became final as the respondent no. 3 did not prefer any appeal there against. on 7.8.1980, this respondent moved an application before respondent no. 3 (referring .....

Tag this Judgment!

May 21 2008 (HC)

Gram Panchayat Vs. Addl. Director of Consolidation and ors.

Court : Punjab and Haryana

Decided on : May-21-2008

Reported in : (2008)152PLR478

daya chaudhary, j.1. the petitioner-gram panchayat has filed the present writ petition for quashing of order dated november 18, 1981 (annexure p-1) and order dated april 24, 1984 (annexure p-2) passed by additional director consolidation of holdings, punjab (respondent no. 1.).2. respondent no. 3 bant singh and respondent no. 4 waryam singh filed an application under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (hereinafter called 'the act of 1948') before respondent no. 1 which was allowed vide order dated november 18, 1981. the relevant portion of the order is reproduced as under:this petition is aimed to secure partition of 912 k-0 m which is lying in bachat in the village. it is stated that the panchayat now wants to take possession of this area from the petitioners.the learned counsel for the petitioners has, however, stated before me that he was not insisting on the division of entire 912 k-0 m area amongst various co-sharers. he has now reduced his demand to the division of 323 k-1 m ordinary which is lying in bachat in the village after excluding the area of the panchayat farm and the area reserved for other common purposes. the argument advanced by the learned counsel for the petitioner is that since mis area which was shown as bachat and which originally vested in jumla mushtarka malkan had come into existence as a result of excessive pro-rata deduction imposed upon various right-holders, it would be proper if this .....

Tag this Judgment!

Dec 19 2008 (HC)

Sant Ram and anr. Vs. Kulwant Singh and ors.

Court : Punjab and Haryana

Decided on : Dec-19-2008

Reported in : (2009)155PLR496

ajay kumar mittal, j.1. this regular second appeal filed by defendant no. 1 and the legal representative, namely, mohinder kaur of defendant no. 2 is directed against the judgment and decree dated 26.9.1983 passed by the lower appellate court vide which the appeal filed by them was dismissed and the cross-objections filed by plaintiff no. 1 and defendants no. 6 to 8 had been accepted and the judgment and decree dated 22.12.1980 passed by the trial court decreeing the suit of the plaintiffs was modified to the effect that the plaintiffs and defendants no. 6 to 8 shall be entitled to the delivery of the joint possession of the property in dispute from the remaining defendants.2. the facts leading to the third round of litigation are that dr. harchand singh, the father of the plaintiffs and defendants no. 6 to 8, was owner of the land measuring 1 kanal 9 marlas comprised in khasra no. 1756/306/5 now khasra no. 1412. in the year 1940, he constructed two shops thereon after obtaining permission from the municipal committee, khanna and remained in possession of the same along with the passage by their's side and the vacant plot of land. it was pleaded that dr. harchand singh had died on 11.5.1972 and at that time m/s hans raj kidar nath, wine contractors, were the tenants in both the shops. thereafter, plaintiff no. 1 rented out the said two shops, passage and the plot of land in the rear to one tara singh, wine contractor, khanna from 1.4.1973 to 31.3.1974 and now the shops were .....

Tag this Judgment!

Apr 10 2008 (HC)

S.B. Agro Foods Nihal Singh Wala Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Apr-10-2008

Reported in : (2008)3PLR240

m.m. kumar, j.1. the instant petition is directed against order dated 22.8.2006, passed by the collector-cum-deputy commissioner, moga-respondent no. 3 (p-1) and order dated 23.1.2007, passed by the commissioner, ferozepur division, ferozepur-respondent no. 2 (p-2). in both the orders it has been held that the petitioner-vendee had resorted to evasion of stamp duty alongwith the registration fee by showing far less sale price in the sale deed, dated 10.12.2002 which was executed only for rs. 3,91,500/-. the basis for re-opening of the case is the complaint made by the vendor shri lachman singh, who had stated that he has, in fact, received rs. 23,70,000/- for the land in question.2. brief facts of the case are that on 11.10.2004, the inspector registration-cum-sub. divisional magistrate-respondent no. 4, made a report that sale deed no. 1976, dated 10.12.2002, in respect of land measuring 19 kanals 7-1/2 marlas, was executed for rs. 3,91,500/- by shri lachman singh in favour of the petitioner. subsequently, said lachman singh made u complaint that sale agreement in respect of the land in question was executed for a sum of rs. 23,70,000/-, which was kept by the vendee-petitioner, and he had received the full amount. the vendor-complainant also alleged to have furnished proof regarding use of sale consideration amount. respondent no. 4 recommended for initiation of proceedings under section 47-a of the indian stamp act, 1899. in response to the notice issued by respondent no. 3 .....

Tag this Judgment!

Jan 21 2008 (HC)

Gurcharan Ram Vs. Tejwant Singh (Dead) Through Lrs. and anr.

Court : Punjab and Haryana

Decided on : Jan-21-2008

Reported in : (2008)2PLR714

satish kumar mittal, j.1. this is a plaintiffs regular second appeal against the judgments and decree passed by both the courts below, whereby his suit for declaration was dismissed, whereas while finding him to be in possession of the suit property, a decree for permanent injunction was passed in his favour.2. in the present appeal, the dispute is about 16 bighas 4 biswas of agricultural land and two kacha houses situated in village balian. the said property along with one pacca house (a kothi) situated in sangrur city (erstwhile capital of jind state) was owned by one parshotam dass. he was having three sons, namely gurcharan ram (plaintiff), tejwant singh and tek chand (defendants). plaintiff gurcharan ram was illiterate and was residing in village balian whereas his other two brothers were literate and were in government service. during his life time, in the year 1954, parshotam dass partitioned his property among his three sons in a family settlement. the agricultural land and the kacha house situated in the village were given to the plaintiff and the pacca house situated in sangrur was given to defendants no. 1 and 2. the said family settlement was subsequently got written on 27.7.1954, which was duly thumb marked and signed by parshotam dass and his three sons and was attested by the witnesses. three copies of the family settlement were prepared and handed over to all the three brothers, which were duly signed by all the parties. according to the family settlement, all .....

Tag this Judgment!

Mar 05 2008 (HC)

Som Parkash Vs. Karam Dass Through His L.Rs. and ors.

Court : Punjab and Haryana

Decided on : Mar-05-2008

Reported in : (2008)151PLR700

vijender jain, j.1. present letters patent appeal has been filed by the appellant aggrieved against judgment dated 3.5.1985 of learned single judge passed in regular first appeal no. 1123 of 1976.2. one ganesha dass had two sons maya dass and devi dass. maya dass renounced the world and became chela of one narain dass. however, he was owner of his ancestral land about 77 kanals in village banga, 44 kanals 6 marlas of land in village kajla and was muafidar of land measuring 42 kanals & 2 marlas at village balla. maya dasss brother devi dass had five children, namely charan dass, karam dass, biram dass, som parkash and gurbachan dass. maya dass was issueless and during fag end of his life, it is stated that he adopted his brothers son som parkash as his chela.3. the present dispute is between brothers who are nephews of maya dass regarding his estate.4. it is stated in the suit that when maya dass intended to take som parkash as his disciple, this was disputed by other brothers of som parkash. in order to pacify, maya dass agreed to gift 60 kanals of land in village banga in equal share to karam dass, biram dass, and gurbachan dass, brothers of som parkash and 40 kanals of land at village kajla and balla to biram dass and gurbachan dass and 12 kanals of land to karam dass, out of the land situated in villages kajla and balla. this was done by maya dass to avoid litigation. it was orally agreed that a gift deed to this effect would be executed on 13th day after lohari in the .....

Tag this Judgment!

Dec 19 2008 (HC)

Jagiri Ram (Deceased) Through His Lrs. Vs. Ralla and ors.

Court : Punjab and Haryana

Decided on : Dec-19-2008

Reported in : (2009)155PLR451

ajay kumar mittal, j.1. in this regular second appeal filed by the plaintiff, challenge is to the judgment and decree dated 3.10.1984 passed by the first appellate court affirming that of the trial court dated 31.1.1984 whereby the suit of the plaintiff for declaration was decreed and the relief for permanent injunction was declined.2. the dispute in the present case related to 107 kanals 9 marlas of land, fully detailed in the head note of the plaint. as per the jamabandi, ex.p-2, the plaintiff was co-owner to the extent of 8/144' share, bhagtu had 74/144' share while the rest of the land belonged to the defendants. bhagtu who was issueless, adopted charna as his son and gifted his share to him, on the basis of which mutation, ex.p-3 was sanctioned on 4.5.1932. it was pleaded that charna died unmarried and issueless on 6/7.9.1980 and the plaintiff claiming himself to be the brother of charna propounded a will dated 3.11.1978, ex.p-1 allegedly executed by said charna in his favour, on the basis of which mutation ex.pa was entered. the will ex.p-1 was contested by defendants no. 4 to 15 in the mutation proceedings by propounding another will dated 27.3.1978 having been executed by charna in favour of defendants no. 4 to 7. both the wills were discarded by the assistant collector, ist grade and the estate left by charna was devolved as per natural succession vide order dated 28.8.1981, according to which the plaintiff along with his brother rala and two sisters, got 1/4th share .....

Tag this Judgment!

Nov 17 2008 (HC)

Baldev Singh and ors. Vs. Om Parkash and ors.

Court : Punjab and Haryana

Decided on : Nov-17-2008

Reported in : (2009)153PLR400

rakesh kumar jain, j.1. by this common judgment, i shall be disposing of two appeals both filed by baldev singh and ajit singh arising out of civil suit no. rbt 305 of 1998 titled as baldev singh and anr. v. om parkash and ors. in which they have sought declaration with consequential relief of permanent injunction and civil suit no. rbt-252 of 1998 titled as om parkash and ors. v. baldev singh and anr. in which possession has been sought with mesne profits.2. in order to understand the dispute in the present case, it is necessary that the pedigree table be reproduced, which is as under:jiwan singh|--------------------------------| | |kartar singh fauji singh piara singh(died issueless) (deceased) (now dead)----------------------| | | | | |gurbax malook gurdeep kapoor mohinder |singh singh singh singh singh |----------------- | |anoop singh shisha singh3. plaintiffs-appellants baldev singh and ajit singh filed suit no. 305 of 1998 claiming themselves to be the sons of smt. khem kaur who after the death of her husband bahadur singh during partition of the country, performed a kareva marriage with kartar singh in the presence of gurbachan singh etc. the plaintiffs have alleged that they were minors at that time when their mother khem kaur performed kareva marriage with kartar singh. the said kartar singh was owner in possession of land measuring 48 kanals 6 marias (land in question). the plaintiffs have alleged that kartar singh executed a will dated 15.11.1982 in favour of khem .....

Tag this Judgment!

May 29 2008 (HC)

Swet Chem Autibiotics Ltd. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : May-29-2008

Reported in : (2009)3PLR797

m.m. kumar, j.1. this petition filed under article 226 of the constitution prays for quashing notification dated 17.11.2005 (annexure p.9) issued under section 4 of the land acquisition act, 1894 (for brevity 'the act') and declaration dated 7.2.2006 (annexure p. 10) made under section 6 of the act in respect of the land of the petitioner. at the outset it is appropriate to mention that acquisition proceedings which are subject matter of challenge in the instant petition were also impugned in cwp no. 2835 of 2006 alongwith other bunch of petitions which were dismissed on 22.1.2008 by a division bench of this court of which one of us (m.m. kumar, j.) is a member. however, on the ground that the instant petition is distinguishable from others the file appears to have been segregated.2. brief facts of the case necessary for the disposal of the instant petition are that the petitioner, which is a limited company, is stated to have purchased the land comprised in rectangle nos. 41, 42 and 46 in khasra no. 7/2, 8/2, 15/1, 13/1, 14/1, 15/2, 16/1, 24/25/1, 11, 12 and 4/1 on 14.12.1992 (annexure p.2). the total land comes to 41 kanal 19 marlas which is situated in village asawarpur, tehsil and district sonepat. the mutation has been entered in the name of the petitioner in the revenue record. it is claimed that the land was purchased by the petitioner company for setting up of a chemical unit of manufacturing antibiotics. for change of land use an application was made on 15.9.1994 by .....

Tag this Judgment!

Nov 10 2008 (HC)

Jang Bahadur and ors. Vs. Manjit Kaur

Court : Punjab and Haryana

Decided on : Nov-10-2008

Reported in : (2009)3PLR711

rakesh kumar garg, j.1. this is defendant's second appeal challenging the judgment and decrees of the courts below whereby suit filed by the plaintiff for joint possession as owner of the property in dispute and for permanent injunction restraining the defendants from alienating transferring mortgaging or creating any sort of charge whatsoever over the said land has been decreed.2. briefly stated the case of the plaintiff is that she is the daughter of karnail singh son of harcharan singh resident of village chhoti jhakian, tehsil and district ropar and defendant no. 2 is son of karnail singh and defendant no. 3 is widow of karnail singh. the plea of the plaintiff is that she is widow of jagtar singh son of karnail singh who is suffering from aids before his marriage which took place on 15.12.2000 and lateron he died on 21.8.2002. no issue was born out of their wedlock. due to this disease of the husband of the plaintiff, she is also suffering from the said disease which came to her knowledge after the death of her husband. it is further averred that during the life time of jagtar singh, the plaintiff was residing at village chhoti jhakian with her husband and other family members. after the death of her husband, she is residing at village paprala with her parents who are bearing all the expenses for the treatment of the plaintiff. after the death of her husband, the father in law of the plaintiff shri karnail singh died on 14.7.2003 at village chhoti jhakian. the plaintiff .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //