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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1993 Page 10 of about 246 results (0.227 seconds)

Jan 19 1993 (HC)

Dalip Singh Pandhi Vs. Sadhu Singh

Court : Punjab and Haryana

Decided on : Jan-19-1993

Reported in : AIR1993P& H242

..... to which reference was made is exhibit pw 6/1 which is a report prepared by the returning officer and sent to the chief electoral officer, punjab. in this report also, jit singh is shown to have filed three nomination papers and the figure '3' has been written in hand. since ..... the particular caste of jit singh nor did it mention the area in relation to which that caste was a scheduled caste of the state of punjab. if the contention of the learned counsel is correct that the returning officer could not have asked the candidate to producea scheduled caste certificate subsequently ..... he belonged nor did it mention the area in relation to which that caste is a scheduled caste in the state of punjab, the mandatory provisions of s. 33(2) of the act stood violated and in my opinion, the returning officer had no option but to reject the nomination papers of jit singh ..... has been filed by a defeated candidate u/s. 100(1)(c) of the representation of the people act, 1951(hereinafter referred to as the act), challenging the election of the respondent to the punjab vidhan sabha from 78-amloh assembly constituency on the sole ground that the nomination papers of one jit singh ..... had been improperly rejected.2. general elections to the punjab legislative assembly were held in february, 1992. it is .....

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Sep 28 1993 (HC)

Khan Chand Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Sep-28-1993

Reported in : (1993)105PLR565

..... judge that the learned judge after discussing the entire evidence ultimately relied upon an award given by this court in the acquisition of village devidaspura which was situated within the municipal limits of kurukshetra. the additional district judge, it appears, was conscious of the fact that the importance of kurukshetra was more than that of kaithal and, therefore, instead of awarding ..... .12.1980 bringing out the sale price per acre at the rate of rupees 1,44,000/-. may be, the land sold vide exhibit p.1 was situated within the municipal limits of kaithal, the same can still be held to be relevant in view of the fact that the acquired land was situated hardly at a distance of two furlongs ..... kurukshetra, they are being disposed of together.2. the state of haryana in pursuance of notification dated 14th july, 1982 issued under section 4 of the land acquisition act (hereinafter referred to as 'the act') acquired 353 kanals 2 marlas of land situated in patti kaisteh seth, kaithal, for development of residential and commercial area in sector 19. the land acquisition collector ..... order as to costs. the land-owners are held entitled to the grant of statutory benefits of the amended provisions of sections 23(1a), 23(2) and 28 of the act. .....

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Jan 28 1993 (HC)

Prem Chand Vs. Commissioner, Patiala Division and ors.

Court : Punjab and Haryana

Decided on : Jan-28-1993

Reported in : (1993)104PLR37

..... panchayat samiti till the year 1977 78.2. on march 17, 1978, respondent no. 3 filed an application under section 5 of the punjab public premises and land (eviction and rent recovery) act, 1973 (hereinafter referred to as the act) for the eviction of the petitioner on the ground that he was in unauthorised occupation of the plot belonging to the applicant. the ..... petitioner was ordered to be evicted as per order dated march 18, 1981 passed by the collector, ropar exercising the powers under the act with a direction to respondent no. 3 to pay compensation to the petition refer the construction raised on the vacant plot. the appeal filed by the petitioner before the commissioner ..... n.k. sodhi, j.1. a vacant plot measuring 37 x 14' situate in the municipal limits of morinda, district ropar was taken on lease by shri jati ram, father of the petitioner, in an auction from the then district board, ambala for a period of .....

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Nov 05 1993 (HC)

Ronak Vs. the State of Haryana Through Commissioner, Excise and Taxati ...

Court : Punjab and Haryana

Decided on : Nov-05-1993

Reported in : (1994)106PLR288

..... revenue by arrest and detention of person should be the last resort and the arrears have to be recovered firstly by other means of recovery under the punjab land revenue act. in m/s maruti ltd.'s case (supra) once again the observations of the learned single judge were confined to the provisions of order 21 ..... , bangalore vide letter dated december 2,1988 but no recovery has been effected so far from him. it is in these circumstances that proceedings under the punjab land revenue act 1887 were taken against the petitioner, insofar as assertion of petitioner that he is physically very weak, is concerned, the same has been denied for want ..... raised by the department and if he does not discharge the same, he can well be proceeded under the provisions contained in section 34 of the 1973 act. the revenue authorities shall be well within their rights to declare the transactions made by him as void which have been made with a view to evade ..... which are made with a view to defraud revenue and the same are void. section aforesaid runs thus:-' where, during the pendency of any proceedings under this act, any person liable to pay any tax or other dues creats a charge on, or transfers, any immovable property belonging to him in favour of any ..... with a view to defraud the department, it shall be well within its right to proceed against him under the provisions of the punjab land revenue act.10. this petition is disposed of in the manner indicated above. there shall, however, be no order as to costs. .....

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Dec 14 1993 (HC)

Karnal Improvement Trust Vs. Ram Parkash

Court : Punjab and Haryana

Decided on : Dec-14-1993

Reported in : (1993)105PLR574

..... develop scheme no. 37 for an area measuring approximately measuring 1,215 square yards. notification under section 36 of the punjab town improvement act, 1922 (for short the act) was issued on 7.9.1973 and declaration under section 42 of the act was issued on 14.1.1976. what was acquired was built-up area and open area lying between various shops acquired ..... ,072/- per sq. yd. but did not award anything for phar area as it was also of the view that it formed part of the street and vested in the municipal committee and the landowners had no right to claim compensation. tribunal also found that the claimants were entitled to allotment of plots as locally displaced persons, as provided under the ..... found that the supreme court remanded the case only in regard to phar area. before the executing court, landowners had also claimed benefit under section 23(1-a) of the act. their entitlement to this benefit is still to be considered. the executing court, on finding that the matter was remanded only with regard to phar area, ordered that the claimants ..... built-up area or still to receive some more amount from the trust.5. counsel also raised question of entitlement of the landowners under section 23(1-a) of the act. this question is also not required to be answered here because no finding in this regard has been given by the executing court.6. consequently, this civil revision is disposed .....

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Jun 18 1993 (HC)

Guru Charan Mohanty Vs. Mgt. of Orissa Commercial Transport Corpn. Ltd ...

Court : Orissa

Decided on : Jun-18-1993

Reported in : (1994)ILLJ1106Ori; 1993(II)OLR231

..... a dispute before the tribunal and has to be decided as such. in (1977-i-llj-407) (bhavnagar municipality v. a. karimbhai) the observation made was that for the purposes of the act, the complaint under section 33-a takes the form of a reference of an industrial dispute by the appropriate ..... if such question is raised, the tribunal has the duty to decide the matter on merits. in (1959-ii-llj-666) (punjab national bank employees' federation v. punjab national bank ltd.) the court observed that there can be no doubt that in an enquiry under section 33-a the employee would ..... not genuine or had become vitiated due to such practice. this is the general principle of law which remains always applicable to all acts between parties or to acts of a court or a tribunal. between the parties the principle is applicable since the presumption of voluntary participation of the parties ..... to be operative and binding between the parties notwithstanding the notice given for terminating the award and the settlement.4. section 18 of the act declares inter alia a settlement between the parties otherwise than in a conciliation proceeding and any award rendered by the tribunal to be binding between ..... and conducted affording them all opportunities to defend themselves, that they had been paid their legal dues as per the certified standing orders and gratuity act, 1972, and therefore their relationship as employees had ceased from the date of receipt of gratuity, and as such the question of their reinstatement .....

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Aug 03 1993 (HC)

Sh. Bhagwant Singh Vs. Sulekh Chand Jain

Court : Punjab and Haryana

Decided on : Aug-03-1993

Reported in : (1993)105PLR238

..... of rent or fees in a public market, cart-stand or slaughter-house or of rents for shops has been formed out, or leased by a municipal, town or notified area committee.'schedule son, daughter, widow, father, mother, grandfather, grandmother, son of a pre-deceased son, unmarried daughter of a ..... application to the facts of the present case. in the aforesaid judgment, the word 'tenant' as defined in the east punjab urban rent restriction act, 1949, was under consideration and in that act, there is no such provision limiting or restricting the protection to any particular class of the heirs of the deceased-tenant ..... possession after the termination of his tenancy, but also on his death, such of his heirs as are mentioned in the schedule appended to this act and who were ordinarily residing with him at the time of his death.6. the contention of mr. kapoor, learned counsel for the petitioner ..... will have jurisdiction on a petition seeking ejectment of these heirs of the deceased-statutory tenant. while discussing the provisions of the madhya pradesh accommodation control act, 1961, it has been held by the supreme court in damadilal and ors. v. parshram and ors.,1 air 1976 s.c. 2229, that ..... is tenant's revision petition directed against order of ejectment passed by the authorities below under the haryana urban (control of rent and eviction) act, 1973, (briefly 'the act').2. briefly, the facts are that one mahant sheryo nath was the owner of the house in dispute. major bhup singh chhikara was .....

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Dec 17 1993 (HC)

Balbir Kumar and ors. Vs. Kaka Ram and ors.

Court : Punjab and Haryana

Decided on : Dec-17-1993

Reported in : (1993)105PLR349

..... j. 1. the present petition is directed against the order of the appellate authority dated april 23, 1980 under the east punjab urban rent restriction act, 1949 (for short the 'act') whereby the appeal filed by the respondent-tenant against the order of his eviction passed by the rent controller has been allowed and ..... for that purpose and demolished the building and failed to reconstruct and redeliver possession thereof to the tenant. in a given case if the tenant acts unilaterally and effects structural alterations or reconstruct the building, it itself may be a ground for eviction under the appropriate provision of the statute.'it ..... a structural change was required the tenant had to go but in the case of a necessary repair which was visualised under section 12 of the act, the ejectment of the tenant could not be ordered, and whether the building required reconstruction or repairs (the division bench observed) was a ..... bench of this court also drew a distinction between the right of a tenant to repair the building which was envisaged under section 12 of the act or to permit the landlord to evict the tenant under section 13(3) (a) (iii) in case such major structural change were needed which ..... was inducted into the demised premises as a tenant in the year 1962. in the year 1970, the landlord petitioners filed an application under the act for his ejectment on the ground that the shop in dispute had become unsafe and unfit for human habitation. this application was dismissed by the .....

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Jan 27 1993 (SC)

Rajasthan Housing Board and ors. Vs. Shri Kishan and ors.

Court : Supreme Court of India

Decided on : Jan-27-1993

Reported in : JT1993(1)SC298; 1993(1)SCALE183; (1993)2SCC84; [1993]1SCR269

..... :one other point raised at the bar may be briefly referred to. it was contended by mr. s.p. sinha appearing on behalf of the municipal board, basti, that a part of the land notified for acquisition was waste or arable and in support of his contention, counsel referred us to ..... arable, the entire notification should fail inasmuch as the notification is not severable. they also submitted that the decision in dora phalauli v. state of punjab and ors. : 1979crilj857 supports their contention that the notification under section 17(4) read with section 17(1) should itself expressly recite that the ..... decision was the result of the influence brought upon the concerned minister by the petitioner-society and is not a fair decision. the chief minister also acted under the influence and pressure of the petitioner-society and, therefore, his decision too is not a proper one. accepting the said repot, the ..... aforesaid facts it is desirable to direct to de-acquire the land of the scheme under the provisions of section 48 of the land acquisition act, 1894 and regularise the scheme because this society is fulfilling the same public purpose of housing by starting proceedings for which the housing board wants ..... to treat the entire land as arable land and issue notification under section 17(4) read with section 17(1) of the rajasthan land acquisition act, 1953? if not, what are the legal consequences which such buildings aforementioned entail in the context of the said notification?'4. the third judge .....

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Oct 06 1993 (HC)

Balkishan Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Oct-06-1993

Reported in : 1994(0)MPLJ381

..... in section 6(1) is the date of the commission of the crime. those decisions are darshan kumar v. jabalpur municipality in air 1973 sc 906 and ramlal and anr. v. state of punjab in jt 1988(1) sc 258. the first decision of darshan kumar is a short decision consisting of just two paragraphs ..... for life, the question that was raised before the supreme court was whether the high court should have applied the provisions of section 6 of the act to both the accused persons. the elder brother ramji was aged not below 21 years and basist aged 20 years on the date the sessions judge ..... supreme court pointedly and specifically dealt with the question as to what is the crucial date for reckoning the age mentioned in section 6(1) of the act. in that case, two brothers who had been convicted and sentenced by the sessions judge, under sections 307 and 326, indian penal code in the ..... alarm which such offences caused among the people, it was not advisable to extend to the applicant the benefit of probation under section 4 of the act. on this reasoning the appellate court affirmed the sentence of imprisonment awarded by the trial court. it is not known how the appellate court arrived at ..... as the applicant was below 21 years of age on the date of the commission of the crime, section 6 of the probation of offenders act, 1958 (hereinafter called the act) was squarely attracted, which contained an injunction to the courts forbidding them to impose sentence of imprisonment. it was urged that the courts below .....

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