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Judgment Search Results Home > Cases Phrase: mediation Year: 1998 Page 13 of about 1,500 results (0.020 seconds)

Jul 24 1998 (HC)

National Fertilizers Employees Co-operative Housing Society Ltd. Vs. S ...

Court : Punjab and Haryana

Decided on : Jul-24-1998

Reported in : (1998)120PLR618

v.k. bali, j.1 .the petitioner which is employees co-operative housing society ltd., is in a serious dilemma. it purchased 33 acres of land by virtue of various sale deeds from april, 1983 to august 1984 so as to accommodate members of the petitioner-society to have their homestead. for this 33 acres of land an agreement annexure p-3 came into existence between the society and director, town and country planning, haryana, for its development and external charges were fixed by the director aforesaid at rs. 22.50 lacs. vide annexure p-4 director town and country planning approved the plan for conversion of land into 342 plots on which houses were to be made for the members of the society. it requires, to be highlighted here that the original membership of the society is 586 and therefore, by virtue of purchasing 33 acres of land. only 342 members of the society could be accommodated. the petitioner society on proper and correct consideration of the matter was granted licence vide annexure p-5 to develop the area purchased by it for the development of the housing colony. so as to accommodate the remaining members of the petitioner society, land measuring 20.5 acres was purchased on various dates from may 30, 1987 to february 4, 1988 and it is at that time when the petitioner-society was to take active steps to obtain licence so as to establish a colony with regard to this area as well, that to its predicament, notification under section 4 of the land acquisition act came to be .....

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Feb 26 1998 (HC)

Bikkar Singh Etc. Vs. Nirmal Kaur Etc.

Court : Punjab and Haryana

Decided on : Feb-26-1998

Reported in : (1998)118PLR861

swatanter kumar, j.1. suit for joint possession and declaration was filed by nirmal kaur respondent herein against niranjan singh and others. the suit was filed on the allegations that late karaka singh was the owner of the suit land measuring about 30 bighas 9 biswas. he died after coining into force of the hindu succession act, 1956. upon his death, plaintiff and defendants no, 1 and 2 were entitled to the property on the plea of inheritance being legal heirs of the deceased, as defendants no. 1 and 2 were minor at that time, the suit was contested on the ground that the mutation recorded in the name of the plaintiff was illegal, null and void. according to the defendants, the plaintiff was trying to take unnecessary benefits of the illegal mutation entries recorded at the back of the contesting defendants. further, according to the defendants, the plaintiff had no right in the property because she had already been married and residing in village nathuwala garbi tehsil moga. the right of inheritance was denied. the case was also contested by defendants no. 4 to 6 and 8 to 17 who claimed to be the bonafide purchaser for consideration and claimed protection of section 41 of the transfer of property act. these defendants claimed the sale through defendants 1 and 2 also alleged that karaka singh had died before 1956. the learned trial court framed as many as 16 issues and issue no. 2, as framed by the trial court, reads as under :-'2. if issue no. 1 is proved, in affirmative .....

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Mar 16 1998 (HC)

Smt. Hardial Kaur Vs. Hazur Singh and anr.

Court : Punjab and Haryana

Decided on : Mar-16-1998

Reported in : (1998)119PLR592

t.h.b. chalapathi, j.1. this appeal has been preferred against the decree and judgment of the learned additional district judge, faridkot dated 28.9.1984 in civil appeal no. 275 of 1982.2. the defendant is the appellant.3. the respondents hazur singh and gurbax singh filed the suit for a declaration of their title and recovery of possession of the suit property. according to them one kapur singh was the owner of the suit property and he died issueless and the plain tiffs are the legal representatives of kapur singh and they succeded to the same on the death of kapur singh on 6.3.1977. the defendant appellant hardial kaur took the possession of the suit property without any right. according to her, kapur singh executed a will in her favour on 28.2.1977 and on the basis of the said will she got the mutation effected in her favour. the plaintiffs case is the said will is not genuine and valid one and kapur singh never executed any will and the entries in the revenue records in favour of the defendant on the basis of the said will are not binding on them. according to them, hardial kaur is a tress-passer of the suit property. they further pleaded that kapur singh was ailing for about six months prior to his death and he was weak and of unsound mind. the defendant-appellant in her written statement inter alia contended that the plaintiffs filed the suit at the instance of jugraj singh and kartar singh as she filed civil suit against them for recovery of amount due to her and the .....

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Dec 03 1998 (HC)

Faridabad Complex Administration Vs. Amitabh Adhar and ors.

Court : Punjab and Haryana

Decided on : Dec-03-1998

Reported in : (1999)121PLR208

v.k. jhanji, j.1. this is defendant's second appeal directed against the judgment and decree of the first appellate court whereby on appeal preferred by the plaintiffs, judgment and decree of the trial court has been set aside and in consequence thereof suit of the plaintiffs has been decreed.2. plaintiffs filed suit for declaration against the defendant, namely, faridabad complex administration praying for grant of decree of declaration to the effect that the plaintiffs are absolute owners in possession of land measuring 341 kanals 9 marias situated in village lakkarpur, tehsil ballabgarh, district faridabad and revenue entries in the column of ownership of jamabandi in favour of faridabad complex administration are wrong and liable to be rectified. plaintiffs also prayed for a decree of permanent injunction restraining the defendant from interfering in their peaceful possession and enjoyment by leasing out or auctioningjhe suit land. the principal contention of the plaintiffs was that after the provisions of haryana village common lands (regulation) act, 1961 (hereinafter referred to as the 1961 act) were struck down by this court, shamilat deh land could not vest in the municipal committee or the faridabad complex administration. the plaintiffs claiming themselves to be proprietors, claimed to be the owners of the suit land.3. defendant, on appearance, contested the suit. in its written statement, defendant denied the averments made in the plaint and inter-alia contended .....

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Sep 25 1998 (HC)

Raja Ram (Died) Through Lrs. Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Sep-25-1998

Reported in : (1999)121PLR599

g.s. singhvi, j.1. for the purpose of establishing new mandi township at amarkot, the government of punjab acquired 241 kanals 19 marlas land of village valtoha and 1 kanal 19 marlas of land of village mehmudpur. notification under section 4 of the land acquisition act, 1894 (hereinafter referred to as 'the act') was issued on 7.10.1980 (published in the gazette dated 13.10.1980) vide award dated 28.5.1982, the land acquisition collector granted compensation in the following manner:for 20 karams deep belt along the road rs. 60,000/- per acrefor remaining land rs. 20,000/- per acre.2. the landowners filed 15 reference applications for enhancement of compensation. the learned additional district judge, amritsar clubbed these applications and disposed them of by a common judgment dated 19.12.1984. he enhanced the compensation in respect of the land falling within 20 karams belt from rs. 60,000/- per acre to rs. 76,000/- per acre. the judgment of the reference court was challenged by the claimants who filed appeals for further enhancement for compensation. the state of punjab also filed appeals for quashing the enhanced compensation awarded to the landowners. by a detailed common judgment dated 1.4.1987 rendered in regular first appeal no. 296 of 1985, parbandhak, mandir mata vaishno devi, village valtoha, district amritsar v. state of punjab, the learned single judge dismissed the appeal, filed by the state of punjab and partly accepted those filed by the landowners by directing .....

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May 15 1998 (HC)

Baldeep and anr. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : May-15-1998

Reported in : (1999)121PLR677

n.k. agrawal, j.1. these are two writ petitions, raising common facts and common controversy.2. civil writ petition no. 10039 of 1997 has been filed by two persons (brothers) for quashing the order dated 18th february, 1997 passed by the financial commissioner, haryana. the second writ also challenges the same order.3. certain land, in the case of a landlord, was declared surplus area. out of that surplus area, land measuring 36 kanals 1 marla situated in village liwalwali, tehsil and district sirsa, was allotted to respondent no. 4 krishan lal by sub divisional officer (civil)-cum-allotment authority on 27th january, 1979. possession of the land was delivered to the allottee on 22nd september, 1979. an appeal filed by the landlord, in his surplus area case was pending before the commissioner at that time. that appeal came to be decided on 17th july, 1986 and land measuring 17 kanals 8 marlas was excluded from the surplus pool consequently, allotment made to respondent no. 4 to the extent of 17 kanals 8 marlas was cancelled and possession of that area was taken away from him and delivered back to the landlord. respondent no. 4 was left with land measuring 18 kanals 13 marlas out of the total allotted land. he claimed to be entitled to the allotment of additional area to that extent. he sold the allotted land to the petitioners, baldeep and rameshwar sons of daulat ram, residents of mad ho singhana, tehsil and district sirsa, by registered sale deed dated 31st may, 1989 for rs .....

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Sep 25 1998 (HC)

Punjab State Vs. Harnek Singh and ors.

Court : Punjab and Haryana

Decided on : Sep-25-1998

Reported in : (1999)121PLR787

v.k. bali, j.1. the challenge herein is to judgment and decree passed by sub judge 1st class, ludhiana dated 22.3 1997 vide which suit for possession filed by respondent harnek singh son of jiwan singh was decreed and the properties subject matter of dispute fully detailed in the heading of the plaint were ordered to be handed over to the plaintiff-respondent.2. the brief facts of the case reveal that harnek singh son of jiwan singh brought a suit for possession of land measuring 1-10-13 pukhta and building constructed marked a and b respectively thereon shown in red in the plan attached with the plaint and bounded as mentioned in the headnote of the plaint situated at village taraf piru bauda, ludhiana and some other properties in village taraf piru bauda, mohalla dera kalsian, gill road, tehsil and distt. ludhiana. i he burden of the plaint was that the land described above was a part of khasra no. 2820/112 constituting a part of bigger parcel of land measuring 2 bighas 18 biswas and 7 biswansis as per jamabandi for the year 1941-42 and that father of .jiwan singh had purchased two pieces of land from syed hamid ali and murad baksh residents of ludhiana vide two separate registered sale deeds dated 28.8.1942 and 18.8.1942 respectively. thereafter father of the plaintiff constructed a building, which has been shown in red colour in the plan, on the plots in dispute and started residing in the property as its owner. on the death of his father in 1943-44, the plaintiff .....

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Jan 15 1998 (SC)

Sonelal Tiwari Vs. State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Jan-15-1998

Reported in : 1998(1)ALD(Cri)321; JT1998(1)SC95; 1998(1)SCALE105; (1998)2SCC431; [1998]1SCR197

orderthomas, j.1. on the death of the sole appellant normally this appeal would have got abated. but appellant's widow smt. krishna bai applied for resuscitation of the appeal presumably because she was not inclined to bear the stigma fastened on her late husband with the finding of the high court that he was guilty of corruption charge. hence, she availed herself of the remedy envisaged in the proviso to section 394(2) of the crpc and applied for leave to continue the appeal. leave was granted after condoning the delay involved in making the aforesaid application.2. appellant was accused in a case tried by a special judge for the offence under section 5(2) of the prevention of corruption act 1947. he was acquitted of the said charge by the trial court but was convicted by the high court on an appeal filed by the state in reversal of the finding of the trial court. he was sentenced to rigorous imprisonment for three months and a fine of rs. 500. he preferred the present appeal by special leave.3. appellant was a revenue inspector. the nub of the case against him was that he wangled a bride of rs. 50 from one sewa ram (pw1) for performing an official act, but appellant was caught red-handed in a trap laid by the police.4. more details of the case are these : pw1 - sewa ram got a sale-deed in respect of 50 acres of land. he approached the appellant for certification of the said sale-deed for facilitating mutation proceedings. appellant demanded a sum of rs. 100 as remuneration .....

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Jun 22 1998 (HC)

Sreekumar and anr. Vs. Pearly Karun

Court : Kerala

Decided on : Jun-22-1998

Reported in : 1999(2)ALT(Cri)77; II(1999)DMC174

..... the principal sub-judge, kottayam against the first respondent. the case was taken for settlement on 29.11.1997. the dispute between the parties are settled in the presence of mediators. parties agreed to continue to reside together. so the case was adjourned to 6.12.1997 for filing a joint application.3. it is admitted that on 30.11.1997 .....

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Feb 17 1998 (HC)

ismail Gani Vs. Maim Ponn Pattu Beevi and Another

Court : Chennai

Decided on : Feb-17-1998

Reported in : 1998(1)CTC735; (1998)IIIMLJ64

order1. the first defendant is the appellant. the first respondent herein filed suit of 1984 before the district munsif's court, melur, against the appellant and the second respondent for declaration and permanent injunction on the following averments:the suit property of an extent of 60 cents in out of a total extent of 3 acres 22 cents in nadumandalam village, natham vattam, originally belonged to her father kattuvan rowther and on his death there was a partition under a registered deed ex.a-1 on 12th april, 1956. under the partition, the suit property was allotted to the first respondent's mother ayesha beevi ammal. since the first respondent was not allotted any share in the properties of her father, the mother ayesha beevi executed a gift deed ex,a-2 dated 7.5.1964 in favour of the first respondent in respect of the property allotted to ayesha beevi. the first respondent in her turn, executed a registereddeed of maintenance under ex.a-3 dated 7.5.1984 in favour of her mother ayesha beevi, under which ayesha beevi was given a right to enjoy the income from the properties without powers of alienation during her life time and thereafter the property was to be taken by the first respondent. ayesha beevi was in enjoyment till she died on 11.11.1982 and since her death the first respondent was in possession of the suit property. as her possession was sought to be disturbed by the appellant on or about 20.4.1984, the suit came to be filed.2. the .....

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