Skip to content


Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1988 Page 5 of about 147 results (0.097 seconds)

Aug 10 1988 (HC)

Vijay Brothers and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Aug-10-1988

Reported in : 1989(19)ECC1; 1989(22)LC430(P& H); 1989(40)ELT51(P& H); [1990]76STC375(P& H)

..... under that provision. as already stated, the provisions of section 29 are clear and also covered by the authority of the decision in air 1976 sc 105 (mangu ram v. municipal corporation of delhi) that unless the provisions of section 14 are expressly excluded by the special law it shall be applied to the special law. once that position is reached ..... act, 1908, section 29, subsection (2), cl. (b) provided that for the purpose of determining any period of limitation prescribed for any suit, appeal or application ..... objections and demanded the drawback refund. however, by a considered order despatched on 16th february, 1976, the appellants were held guilty of violating the provisions of the customs act and foreign exchange regulation act and the deputy collector of customs, export department, customs house, calcutta, imposed penalties both on the firm and the individual partners in respect of the five consignments. by ..... they are not expressly excluded by such special or local law'. as to the important departure from indian limitation act, 1908, made by the limitation act, 1963, in so far as the provisions contained in section 29(2) is concerned, the supreme court in mangu ram and others v. municipal corporation of delhi air 1976 sc 105, observed :'whereas under the indian limitation .....

Tag this Judgment!

Aug 09 1988 (SC)

Rajbir Kaur and anr. Vs. S. Chokesiri and Co.

Court : Supreme Court of India

Decided on : Aug-09-1988

Reported in : AIR1988SC1845; JT1988(3)SC593; 1988(2)SCALE461; (1989)1SCC19; [1988]Supp2SCR310; 1988(2)LC554(SC)

..... court below that there was an unauthorised sub-letting-dismissing appellant's application under section 13 of the east punjab urban rent restriction act, 1949 (act) for an order for grant of possession.there were other grounds for eviction-one of them that there were unauthorised structural alterations; ..... grants an interest in the land; it is a licence if it gives a personal privilege with no interest in the land....in qudrat ullah v. municipal board, bareilly : [1974]2scr530 at 204 it was stated:.if an interest in immovable property, entitling the transferers to enjoyment, is created, it is ..... special leave, by the landlord arises out of and is directed against the judgment and order dated 23.8.1982 of the high court of punjab and haryana in civil revision application no. 2588 of 1980, allowing the respondent tenant's appeal and-in reversal of the concurrent findings of the ..... sub-lease was a lacking. it was further held that providing of services could not also be construed as consideration for purposes of the rent acts and that therefore, the second ingredient was also absent. the decision turned on the particular facts of the case. that case could be of ..... contemplates what are called 'possessory-licences' which confer a right of exclusive-possession, marking them off from the more usual type of licences which serve to authorise acts which would otherwise be trespasses. (see: john dewar; 'licences and land law'. modern law review vol. 49 no. 6 nov. 1986 and s. .....

Tag this Judgment!

Aug 04 1988 (HC)

Smt. Bimla Devi and ors. Vs. National Insurance Co. Ltd. and anr.

Court : Punjab and Haryana

Decided on : Aug-04-1988

Reported in : AIR1989P& H174

..... vehicles concerned or of any other person.(4) a claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation ..... and costs.'the correctness of this decision was challenged in this court in first appeal from the order, under section 110-d of the motor vehicles act, by the defendants in the claim application. the appeal was dismissed in limine and the award of the motor accident claim tribuanl was upheld. ..... 1956 and 1988.13. we shall now deal with the cases of children below five years.14. the jurisdiction of the tribunal under the motor vehicles act to award just compensation is very wide and comprehensive. however, the element of speculation cannot be ruled out. the determination of compensation would turn upon ..... right to recover damages for having wrongfully caused the death is wholly a statutory one. the basic rule to which the english statute and the indian act, subscribe, is, that the designated beneficiaries are entitled to compensation for a pecuniary or a material loss, resulting from the death of a person, from ..... . 518/1985 for the purpose of appreciating the matter in controversy and the points arising for adjudication.3. a claim petition under the motor vehicles act was filed by the parents and sisters of the deceased child mange alias manoj, claiming compensation to the tune of rs. 2,00,000/- on .....

Tag this Judgment!

Jul 28 1988 (HC)

Gurdev Kaur and anr. Vs. Mehar Singh and ors.

Court : Punjab and Haryana

Decided on : Jul-28-1988

Reported in : AIR1989P& H324; (1990)97PLR334

..... singh's case (supra) was misplaced. the supreme court was dealing with a case of declaration of surplus area under the punjab security of land tenures act, 1953. section 10a(c) of the act which fell for consideration was in the following terms (at p. 1000 of air) :' 10-a(c) for the ..... decree requires compulsory registration and in the absence of registration no title could pass, reliance was placed on the judgment of the supreme court in state of punjab (now haryana) v. amar singh, 1974 pun lj 74 : (air 1974 sc 994), and the observations contained in para 36 were taken as ..... grounds on which a contract can he vitiated. consequently, the consent decree can be challenged not only on the grounds available under the contract act such as fraud, mistake or misrepresentation but also on any of the grounds available under any other law which prohibits such a contract or declares ..... punj & har 197, and sumintabai ramkrishna jadhav v. rakhmabai ramkrishna jadha v. air 1981 bom52, which supported them. section 17(2)(vi) of the act provides for exception from registration of the compromise decrees or orders, comprising immoveable property, 'which is subject matter of the suit or proceedings and no argument by ..... beyond the scope of the suit, required registration or not. privy council answered the question in the following terms :'turning now to the indian registration act of 1908, and considering the meaning of the word 'decree' in section 17, sub-section (2)(vi), this must be read in connection with .....

Tag this Judgment!

Nov 18 1988 (HC)

Bareja Knipping Fastners Limited (In Liquidation) Vs. Swastika Trading ...

Court : Punjab and Haryana

Decided on : Nov-18-1988

Reported in : [1990]69CompCas552(P& H)

..... made.' 6. the liability on the part of the buyer to suffer interest is a statutory liability arising under sub-section (2) of section 61 of the sale of goods act. the respondent-company is liable to pay interest on the unpaid price of the goods supplied to it. in the. circumstances of this case, i hold that the petitioner is ..... issues nos. 2 and 3 against the respondents. the petitioners are entitled to recover this amount from the respondents.issue no. 4. -- section 61(2) of the sale of goods act, 1930, reads as under :'(2) in the absence of a contract to the contrary, the court may award interest at such rate as it thinks fit on the amount of ..... g. r. majithia, j.1. the petitioner-company (in liquidation) has filed this petition under section 446, read with section 468 of the companies act, for recovery of rs. 73,695.42 against the respondents.2. the matrix of the case is as under :the petitioner company was ordered to be wound up by this .....

Tag this Judgment!

May 17 1988 (HC)

Banta Singh and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Decided on : May-17-1988

Reported in : AIR1988P& H308

..... , the judgment of the learned single judge is modified and it is ordered that the claimants, whose land i situate beyond 500 metres from the municipal limits of bhatinda town would be entitled to compensation at the rate of rs. 8/- per sq. yard. however, the enhancement would no exceed ..... single judge and the division bench took the view that the claimants whose land was acquired by the state of punjab under the notification issued under ss. 4 and 6 of the act, were entitled to enhanced compensation and the case of the appellants stood on the same footing, the appellants ..... from april 30, 1982, the date of introduction of the land acquisition (amendment) bill, 1982, in the house of the people. though the amending act was passed and published in the gazette on september 24, 1984, in view of the retrospective operation given to the relevant provisions; the various claimants filed ..... june 11, 1975. at the instance of the landowners, the land acquisition officer made as many as 161 land references under section 18 of the act to the additional district judge, bhatinda.. the learned additional district judge, bhatinda, almost maintained the same three belts and the division of blocks and ..... section 6 on october 10, 1974. the petitioner's land formed part of the lands acquired. notices under section 9 of the land acquisition act were issued and served on the landowners and interested persons including the petitioners on various dates. after hearing such of those landowners who filed objections .....

Tag this Judgment!

Aug 22 1988 (SC)

Atma Ram Mittal Vs. Ishwar Singh Punia

Court : Supreme Court of India

Decided on : Aug-22-1988

Reported in : AIR1988SC2031; (1988)3CompLJ93(SC); JT1988(2)SC528; 1988LabIC1673; (1994)IIILLJ972SC; 1988(2)SCALE658; (1988)4SCC284; [1988]Supp2SCR528; 1988(2)LC633(SC)

..... within 10 years and even then within that time it may not be disposed of. that will make the 10 years holidays from the rent act illusory and provide no incentive to the landlords to build new houses to solve problem of shortages of houses. the purpose of legislation would thus be ..... in mind.7. in ram saroop rai v. lilavati : [1980]3scr1034 , krishna iyer, j. has explained the section 2(2) of the u.p. act as follows; the legislature found that rent control law has a chilling effect on new building construction, and so, to encourage more building operations, amended the statute to ..... the period of tenancy. it was filed because of section 1(3) of the haryana urban (control of rent and eviction) act, 1973 (hereinafter referred to as 'the act'). the act was passed with the object to control the increase of rent of certain buildings and rented land situated within the limits of urban ..... passed within the exemption period of ten years under section 1(3) of the act. the learned sub-judge accordingly dismissed the respondent's application. aggrieved thereby, the tenant-respondent preferred a revision to the high court of punjab and haryana. the high court held that as the suit had not been decreed ..... within the period of ten years, the building in question came within the operation of the act and as such the rent act was applicable and the civil court had no jurisdiction .....

Tag this Judgment!

Aug 29 1988 (HC)

Darshan Ram and anr. Vs. Nazar Ram

Court : Punjab and Haryana

Decided on : Aug-29-1988

Reported in : AIR1989P& H253

..... pleaded that the smelting furnace had been in existence since 1970 and none objected to during all this period and that a valid licence had been issued by the phagwara municipal committee for carrying on this business. the assertion that the furnace having a base diameter of 7 feet and 15 feet in height was recently installed was denied. it was ..... the natural consequence ofits escape. he can excuse himself by showingthat the escape was owing to the plaintiffsdefault; or, perhaps, that the escape was theconsequence of vis major, or the act of god;but as nothing of this sort exists here it isunnecessary to inquire what excuse would besufficient...............'as stated supra, the learned appellate court has arrived at a firm ..... present form? opd. 2. whether the plaintiff has locus standi to file the present suit? opp. 3. whether the plaintiff is estopped to file this suit on account of his act and conduct? opd. 4. whether the plaintiff is entitled to the injunction prayed for? opp. 5. relief. the learned trial judge came to the conclusion that the suit was maintainable .....

Tag this Judgment!

Nov 18 1988 (HC)

The New India Assurance Co. Ltd., Chandigarh Vs. Smt. Charanjit Kaur a ...

Court : Punjab and Haryana

Decided on : Nov-18-1988

Reported in : AIR1989P& H264

g.r. majithia, j.1. this appeal is directed against the award of motor accident claims tribunal, ludhiana, dt oct. 5, 1983 at the instance of the new india assurance company.2. briefly, the facts are that bhupinder singh deceased, was employed as a manager with the khanna co-operative marketing society. he was 32 years of age on the date of accident on the fateful day i.e. sept 23,1981 at 7.30 p.m. he was going on scooterbearing registration no. dni-1147 from khanna city to the new grain market, khanna. when he reached near the turning point heading to the new grain market, he gave a signal to turn the scooter. bus no. pjl-1137 came from ludhiana side. satpal singh respondent 6, was driving this bus rashly and negligently at a very fast speed. he did not blow any horn. he struck the bus against the scooter. as a result of the impact the scooterwas hit on the front portion causing instantaneous death of bhupinder singh.3. the respondents namely, the owner of the vehicle, sheikhupura transport co. (p) ltd and the driver of the vehicle who was in the employment of the said company, denied the allegations of the claimants and pleaded that the deceased was responsible for the accident. they, inter alia, pleaded that the deceased took a sudden turn when the bus was closeby. the driver of the bus could not avert the accident the allegation that the bus was being driven rashly and negligently was denied.4. the insurance company denied that the bus was insured with it additionally, it .....

Tag this Judgment!

May 31 1988 (HC)

Shish Pal Singh Vs. State of Haryana and anr.

Court : Punjab and Haryana

Decided on : May-31-1988

Reported in : AIR1989P& H112

..... person.5. i have heard the learned counsel for the parties. it will be useful and relevant to reproduce the provisions of section 4a, sub-section (1) of the act, substituted by amending act no. 37 of 1986, which reads as under :--'4a. termination of prospecting licences or mining leases.-- (1) where the central government, after consultation with the state government, ..... without jurisdiction. similarly, the notification issued subsequently thereto under rule 58 of the mineral concession rules, 1960, reserving the area, was also an afterthought, illegal and beyond the scope ofthe act. thus, argued the learned counsel, the petitioner was entitled to implement the order of the central government dt 8th may, 1986 (copy annexure p1). in support of this contention ..... said order could be passed by the central government after consulting the state government under sub-section (1) of section 4a of the mines and minerals (regulation and development) act, 1957. it was the central government which could request the state government to make a premature termination of a prospecting licence or mining lease in respect of any mineral other ..... faridabad for extraction of silica sand. china-clay and fire clay minerals and quartz under the mineral concession rules, 1960 framed under the mines and minerals (regulation and development) act, 1957 by the central government. his application was rejected on 1st apr. 1985 on the ground that the area applied for by him had already been leased out to shri .....

Tag this Judgment!


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