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. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-10-1993
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; 1SCR891
..... in clauses (a), (b) and (c) of clause (3) of article 171 relating to legislastive council of a state. the said provisions provide for separate electorates of members of municipalities, district boards and local authorities (clause (a), graduates of universities (clause (b), and teachers (clause (c). they do not provide for preparation of separate electoral rolls on the ..... in his reply, presumably referring to these expressions and similar other opinions. unfortunately, however, the principle of communal electorates was adopted for the muhammadans in the country and in punjab for sikhs.117. having, thus succeeded in introducing this highly undesirable system of separate electorates on the basis of religion, the british rulers proceeded to extend the same with ..... conditions are not such as to fall outside the permissible constitutional limits. historical considerations and compulsions do justify inequality and special treatment. in lachhman dass etc. v. state of punjab and ors. : 2scr353 this court said:the law is now well settled that while article 14 prohibits discriminatory legislation directed against one individual or class of individuals, ..... v. daulat singh and ors. 1946 fcr 1, the provisions of section 13-a of the punjab alienation of land act, 1900 were challenged as contravening sub-section (1) of section 298 of the government of india act, 1935. in the federal court, beaumont j., in his dissenting judgement, had taken view that in applying the terms of sub-section (1 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-18-1993
Reported in : I(1993)ACC614; ILR1993KAR1244; 1993(1)KarLJ451; (1993)IILLJ308Kant
..... statute, even if its order is, expressly or by necessary implication, made final, if the said tribunal abuses its power or does not act under the act, but in violation of the provisions. (refer firm seth radha kishan v. ludhiana municipality, : 2scr273 . in the instant case, it is not questioning the order of the tribunal constituted for the purpose to resolve ..... section 9 of the code of civil procedure in respect of disputes of the kind which could fall within the special adjudication contemplated by special status 'see custodian evacuee property, punjab v. jafran begum, : 3scr736 ; mohd mahmmod v. tikam das, : 1scr128 ; and ohene moore v. akesseh tayee, air 1935 pc 5.' 10. from this, it follows that the ..... be done even without clause (g) is made further clear that any 'other matter' obviously meaning thereby that dispute between a person and corporation as the application of the act, pertaining to the contribution or benefit or other dues payable is exclusively within the jurisdiction of employees' insurance court. in the decision in employee's state insurance corporation v. p ..... the petitioner is the employee's state insurance corporation. the respondent-plaintiff filed a suite against the employee's state insurance corporation- defendant praying that the employees' state insurance act is no applicable to their factory and sought a relief of injunction against the e.s.i. corporation restraining them from taking any action against the plaintiff. it is contended .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-05-1993
Reported in : JT1993(1)SC453; 1993(1)SCALE456; (1993)2SCC221; 1SCR803
..... lal vyas : air1971sc2068 has categorically laid down that no monopoly can be created in favour of an individual. similar views have been expressed by the high courts as seen from municipal committee v. hdji ismail and maniram budha chamar v. parnalal motiram chamar : air1962mp275 .4. equally, when there is a total prohibition of manufacture of these clothes by the powerloom ..... regard to the petitioner's representation. this is bad in law in view of v.g. row's case (supra). the same view was reiterated in virendra v. state of punjab : 1scr308 .11. by the impugned order there is a serious dislocation of powerloom industry and substantive rights guaranteed under article 19(1)(g) of the constitution have been violated ..... by sections 3, 4, 5 and 18 of the act. such restrictions amounting to prohibition have been struck down by this court in mohd. faruk v. state of madhya pradesh : 1scr156 and municipal corporation of the city of ahmedabad v. jan mohammed usmanbhai : 2scr700 .12. if the restrictions are unreasonable ..... any article or class of articles that may be reserved for exclusive production by handlooms. on 2nd june, 1986, in exercise of the powers conferred under section 4 of the act, the central government constituted an advisory committee. the said advisory committee submitted its recommendations. after considering those recommendations the impugned order dated 4th of august, 1986 was issued directing ' .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Chennai
Decided on : Mar-31-1993
Reported in : 1993(42)ECC266
..... citizen on an ex parte appraisement of the circumstances in which the obligation has arisen. (vide para 23)19. in century spinning & . v. ulhasnagar municipal council air 1971 sc 021, the court once again referred to robertson's case (1948) 2 all er 667 : (1949) 1 kb 227 and ..... which a citizen has altered his position to his prejudice. (vide para 12).20. learned counsel referred to a judgment of the punjab & haryana high, court in state of punjab . amrit banaspau ltd. . all the cases referred to above on the question of steppel were considered. the american law as ..... promissory estoppel should not be extended to such areas.though executive necessity is not always a good defence, this doctrine cannot be extended to legislative acts or to acts prohibited by the statute, (vide para 12).24. the statement of law found in the above passage does not help the respondents in ..... carrying out the mandates of parliament. parliament is supreme and the executive government cannot estop itself from discharging the obligations imposed upon it by act of parliament. nor can the government do something or be compelled to do something which is prohibited by statute or which is opposed to ..... governmental activity. therefore, the unwisdom and inexpediency of applying the doctrine too widely. there are, of course, certain obvious limitations: when the government acts in sovereign capacity there can never be any question of estoppel. nor can there ever be an estoppel to prevent parliament from making a law. .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-12-1993
Reported in : 1993(2)ALT696; (1994)IILLJ16AP
..... a right to prefer an appeal and such an appeal had been preferred and pending consideration, the second order of punishment was passed on september 24, 1982. the board thus acted not only unreasonably but in an arbitrary manner.6. what remains to be considered is the order dated january 27, 1982, by which two increments of the appellant were cut .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-04-1993
Reported in : AIR1994SC1; JT1993(2)SC235; (1993)2MLJ37(SC); 1993(1)SCALE812; (1993)2SCC363; 2SCR193
..... thus :that the retrospective abrogation of the jurisdiction of civil courts, validly exercised by them from 1961 onwards by the impugned section 4 of the punjab village common lands (regulation) haryana amendment act 2 of 1981, clearly amounts to a trenching upon the judicial power by the legislature. consequently, the relevant part of the aforesaid section fictionally ..... (h) 'shamilat-law' means:(i) in relation to land situated in the territory which immediately before the ist november, 1956, was comprised in state of punjab; the punjab village common lands (regulation) act, 1953, or(ii) in relation to land situated in territory immediately before the 1st november 1956, was comprised in the state of patiala and east ..... its view of unconstitutionality of certain provisions in the punjab village common lands (regulation) haryana amendment act, 1974 - amendment act of 1974 and the punjab village common lands (regulation) haryana act, 1980 - amendment act of 1981, which have amended the provisions of the punjab village common lands (regulation) act of 1961 the principal act, it would be advantageous to understand at the outset ..... , is well-settled.31. in shri prithvi cotton mills ltd. and anr. v. broach borough municipality and ors. : 79itr136(sc) , a constitution bench of this court considered the constitutionality of the gujarat imposition of taxes by municipalities (validation) act, 1963, which had validated the imposition of tax declared to be illegal by courts, and held thus .....Tag this Judgment!
Court : Patna
Decided on : Mar-02-1993
..... public interest and are imposed by striking a just balance between the deprecation of right and danger or evil sought to be avoided.(f) in the case of municipal corporation of the city of ahmedabad and ors. v. jan mohammad usmanbhai and anr. : 2scr700 , the supreme court pointed out that the rights conferred ..... who has means to pay or who has fraudulently secreted his assets to screen them from being proceeded against to pay the dues.(g) in the case of municipal corporation of the city of ahmedabad and ors. v. jan mohammed usmanbhai and anr. : 2scr700 . it was pointed out:.the court must in considering ..... the government in seeking, by its mere declaration, to shut out judicial enquiry into the underlying facts under clause (b). secondly, the east punjab public safety act was a temporary enactment which was to be in force only for a year, and any order made thereunder was to expire at the termination of ..... to the latter. similar observations were made in harakchand v. union of india (supra), laxmi khandsari v. state of u.p. (supra), and municipal corporation v. jan mohammad (supra).7.1.3. in my opinion, section 3(1) read with section 2(f) and 2(g) of the said ..... this proviso is to be applied in exceptional situation as contemplated in the case of municipal corporation v. jan mohammad, (supra).8.5. accordingly, in my opinion, the proviso to sub-section (3) of section 3 of the said act cannot also be struck down on the ground that it imposes unreasonable restrictions on the .....Tag this Judgment!