Court : Punjab and Haryana
Decided on : Sep-17-1993
Reported in : AIR1994P& H183
..... it was mentioned that accounts had been settled between the parties. later on 6-5-1981, a bill was received from the electricity department of the municipal committee raising a demand of rs. 92509.58 for the period september, 1976 to march, 1981. the prorata amount for the period during which the ..... of the contract and is liable to be referred to arbitration and hence the application of the respondent under sec-tion 20 of the indian arbitration act should have been allowed and the matters in dispute between the parties, including the question whether or not there was discharge of the contract by ..... these may be set out for facility of reference as under :--'... in order to be entitled to ask for a reference under s. 20 of the act, there must be an entitlement to money and a difference or dispute in respect of the same. it is true that on completion of the work, ..... arbitration clause. petitioner narang steel rolling mills, therefore, made an application in the court of senior subordinate judge, amritsar, under section 20 of the arbitration act for calling upon the opposite party to file the agreement and to refer the dispute to the arbitrator. the application was contested. the trial court allowed ..... 1993 of the additional district judge, amritsar, affirming the trial court's order dated 24-10-1988 allowing the application under sec. 20 of the arbitration act made by m/s. narang steel roiling mills.2. brief facts of the case, about which there is no dispute, are that narang steel rolling .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-03-1993
Reported in : (1993)104PLR101
..... ghansham dass. had raj singh been in occupation of the shop along with ghansharm dass, there is no reason as to why his name does not find mention in the municipal record relating to the house tax. 79. landlord himself has stated in his statement that since the year 1974-75 raj singh bad been carrying on a separate shop of ..... dass and raj singh. ghansham dass died on 26-3-1976 landlord filed an application under section 13 of the haryana urban (control of rent and eviction) act, 1973 (hereinafter referred to as the act) against raj singh and one des raj alleged subtenant alleging therein that ghansham dass surrendered the tenancy sometime before his death and raj singh alone continued as .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-07-1993
Reported in : AIR1994P& H101; (1994)106PLR248
..... p. no. 5018 of 1991, the petitioner is stated to have raised building onthe land comprised in khasra no. 1142/1. the property is within municipal limits of gurgaon and is assessed to house tax. the land acquisition collector released from acquisition the land belonging to s. k. gupta, nihal singh and ..... (supra) the learned single judge found that the petitioner has raised construction over the land acquired prior to the notification under s. 4 of the act. it was on the basis of this finding that the learned judge quashed the notification regarding the land over which the construction existed prior to the ..... underneath the play-ground was also released from acquisition. the petitioner's iand was not released since after issuing notification under s. 4 of the act, survey was conducted and in some cases no construction was found and in cases where there existed construction and the constructed portion was under a factory ..... farm cannot be allowed to run in those sectors. the petitioner was given full opportunity of hearing when his objections under s. 5 of the act were examined. it was admitted that land measuring 5 marias along with proportionate vacant land belonging to m/s. singla rubber industries was left out ..... filed in c.w.p. no. 2427 of 1991, it is pleaded that notification under s. 4 and declaration under s. 6 of the act were challenged by various landowners through various writ petitions and those writ petitions were dismissed by a single judge of this court on different dates. the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-23-1993
Reported in : (1993)105PLR560
..... acquisition has the civil consequence of depriving a person of his property, it must be made after following the procedure laid down in the act and standing orders issued by the financial commissioner.5. the stand of the petitioners that no proper hearing was afforded to them is fully ..... government in acquiring the land was undoubtedly administrative in nature but the decision on the objections filed under section 5a of the act was a quasi-judicial act and as such the order disposing off the objections was required to be self-speaking and must display the reasons that compelled ..... be developed by the haryana urban development authority. it is the conceded case that the petitioners held their objections under section 5a of the act within time. the report by the field staff was obtained by the collector and thereafter he proceeded to record his report thereon and ultimately ..... shahpur, tehsil and district ambala. the state of haryana issued a notification dated 8th february, 1989 under section 4 of the land acquisition act (hereinafter called the act) which was published in the official gazette on 8th february, 1989 proposing to acquire some land including the land of the petitioners for ..... act had been duly considered and there had been full and complete compliance with the provisions of the section as even a personal hearing had been afforded to petitioners.3. mr. viney mittal, learned counsel for the petitioners urged on the strength of farid ahmad abdul samad and anr. v. the municipal .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-17-1993
Reported in : 1994(1)BLJR48; 1993(3)SCALE394; 1994Supp(1)SCC734; Supp1SCR607
..... respect of his inventory of private properties. that included sterling castle an( 34, alipur road, delhi amongst other private properties. 28.merely because the municipal committee, simla did not bring or, record the names of the beneficiaries under the deed of relinquishment by dr tehl singh, effect of mutation accordingly ..... list of nabha state properties, price paid and details of title deeds etc. sterling castle is included. 15-05-1924- state engineer, nabha writes to municipal board, simla for reassessment of taxes of sterling castle, which is described as nabha state property, ex. d-4. 27-08-1924- british prepare ..... by sovereign or feudatory princes, of any lands in british territory, however and from whomever acquired. this policy was communicated to all native states in punjab including the state of nabha. 5.maharaja ripudaman singh was the ruling chief of nabha state in the early twenties of this century. his ruling ..... august, 1948 execute on behalf of the union an instrument of accession in accordance with the provisions of section 6 of the government of india act, 1935, and in place of the instruments of accession of the several covenanting states; and he shall by such instrument accept as matters ..... as the ruler. he wielded sovereign powers over this territory. on his death in 1911 his son ripudaman singh came to power. the admitted facts are: 45.maharaja ripudaman singh ascended the gaddi of nabha in 1911 and came to rule the state. he was an absolute monarch enjoying the same .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-13-1993
Reported in : AIR1994Bom372; 1994(1)BomCR476
..... , 21 and 22 only late in the evening on 22-6-1993. the petitioner submits that the respondent no. 19 is the president of the municipal council, udgir and is very influential and powerful local leader whereas the respondent no. 21 is m.l.a. of ahmedpur and ex-minister also ..... said trust shall be done by the above two representatives after giving notice to the petitioners in writ petitions nos. 722, 799, 932 and 1911 of 1992 and by publication of notice in news-papers of wide circulation in latur and bidar districts. 3. during the pendency of the process ..... and blackenwhat the joint charity commissioner had achieved by his dint of merit. 27. we must record our experience that the joint charity commissioner acting as the returning officer for the election of a trust is an exceptional situation. probably and verily the joint charity commissioner decided to be the ..... in paragraph 23 of the petition which is as follows:-- '23. the petitioner submits that the learned joint charity commissioner was either acting under the pressures or acting under extrane-ous considerations in directing to hold election as per the schedules programme much after most of the members had left the place ..... charity commissioner and the assistant charity commissioner.' it was specifically ordered that the two gentlemen shri p. g. patil and kishanrao deshmukh, were to act as representatives of the litigating parties to finalise the list of the members of the trust. certain requirements were also agreed upon. it was on .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-21-1993
Reported in : 1993(2)ALT32
..... that in construing the word in a statute, distionary meaning which leads to literal interpretation, need not be considered. he also relied upon another decision in municipal corporation of greater bombay v. new standard engineering co., limited, : air1991sc1362 for the proposition that when the language of the statute is not plain, ..... section (1) of section 4 of the punjab urban immovable property tax act came up for consideration before the supreme court. clause (g) mentions 'such buildings and lands used for the purpose of a factory as may ..... the wider and more liberal interpretation of the provisions would in the context of section 1(2)(vi) and (vii) may be appropriate.'21. in state of punjab v. british india corporation : 2scr114 , interpretation of the word 'used' for the purpose of a factory occurring in clause (g) of sub- ..... surface; though it had not been put into the water, r was held to be guilty of using it for catching salmon: moses v. raywood (1911) 2 k.b. 271. as the net was ready with him in the boat, it was used for the purpose of catching salmon. in ..... land is used for any other non-agricultural purpose including residential purpose:provided that where assessment is levied and collected in respect of such land under this act, no land revenue shall be payable in respect of that land and nothing contained in any enactment, regulation, order, bye-law, rule, scheme, notification .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-01-1993
Reported in : (1993)111CTR(Kar)294; ILR1993KAR1018
..... of the reasons given by the learned single judge, it is necessary to state the relevant facts which are not in dispute: the property in question bearing municipal nos.4 and 5 (new nos. 9 and 11) is situated in the corner of queen's road and infantry road. the width of the ..... .1989 passed by the appropriate authority under section 269-ud(1) of chapter xx-c of the income tax act (hereinafter referred to as the act). the appropriate authority has directed that the properly in question bearing municipal nos. 4 and 5 (new nos.9 and 11) situated at infantry road, bangalore be purchased under section ..... would be left over after winding up but not in the assets as a whole. 9.1 similarly, in daman singh and ors. v. state of punjab and ors, : 3scr580 a question arose as to whether the interest of a member of a co-operative society would be equated to the interest ..... 'we may clarity that as far as completed transactions are concerned, namely, where after the order for compulsory purchase under section 269ud of the income tax act was made and possession has been taken over, compensation paid to the owner of the property and accepted without protest, we see no reason to upset those ..... unlawful proceedings. if there is power to act, but the power is abused (as by breach of natural justice or error on the face of the record), certiorari will quash and mandamus may issue simultaneously to require a proper rehearing. an example is board of education v. rice (1911) ac 179 cited elsewhere; the board .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-28-1993
Reported in : JT1993(3)SC693; (1994)106PLR216; 1993(1)SCALE209; (1993)1SCC608; 1SCR326
..... grant of special leave, we would refer to the cases decided by this court and the full bench decisions of the punjab & haryana high court relied in the impugned order. in the municipal corporation of the city of ahmedabad v. chandula shamaldas patel and ors. 1970 1 scwr 183 decided on 8.1 ..... marbles's ease (supra). in this case the high court of karnataka in a writ petition filed by hubli dharwar municipal corporation, set aside an award made under the land acquisition act, 1894 in respect of the compensation payable to the appellants t. ramakrishniah and directed to reopen the proceedings before the ..... as desired by the union of india. the land owners including the respondents of the present case filed reference petitions under section 18 of the act. during the pendency of the reference application before the additional district judge, gurgaon, an application was moved by the union of india through deputy ..... upaj mandi samiti which as a statutory body was a distinct entity. the land acquisition officer under his award made under section 11 of the act determined the market value of the acquired lands at rs. 500 per bigha and awarded compensation accordingly. on a reference sought by the respondent ..... & marbles being a private company for which the land was acquired was undoubtedly ' a person interested' as contemplated by section 18(1) of the act: it was held that the definition of' a person interested' given in section 18 is an inclusive definition and must be liberally construed so as .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-23-1993
Reported in : I(1994)ACC84; 1993ACJ1072; AIR1994Kant8; ILR1993KAR1834; 1993(3)KarLJ519
..... interest.'therefore, the pronouncement of the supreme court in the ruling of hardeo kaur v. rajasthan state transport corporation, : 2scr272 or chameliwati v. delhi municipal corporation, : air1986sc1191 or jasbir singh v. general manager, punjab roadways, : 3scr1095 , is not the law declared by the supreme court.9. again a division bench of this court in oriental insurance co. ltd ..... evolve a situation to mitigate hardship which was acceptable by all the parties concerned. it was delivered without argument, without reference to the relevant provisions of the act conferring express power on the municipal corporation to direct removal of encroachments from any public place like pavements or public streets, and without any caution or authority. that being so, the direction ..... on judicial discretion. it cannot also be a ground to compensation for the loss of erosion of the value of money due to inflation. the provisions of the interest act providing of interest on compensation under the land acquisition cases are not relevant. the compensation paid is on account of pecuniary loss or non-pecuniary loss. the interest ..... stall accordingly, the direction given was improper. the high court could not have made the impugned direction contrary to the provisions contained in ss. 320 and 322 of the delhi municipal corporation act. decision of delhi high court, reversed.'in o. v. shanthakumari v. kokila, : ilr1990kar4324 , a full bench of this court has laid down what is the law declared .....Tag this Judgment!