Court : Punjab and Haryana
Decided on : Sep-25-2004
Reported in : (2005)139PLR216
..... essentially burns on the language of the statute investing the revisional jurisdiction, subject to the well-known limitations inherent in all revisional jurisdictions. section 15(5) of the east punjab rent restrictions act enables the high court to satisfy itself as to the legality and propriety of the order under revision, which is, quite obviously, a much wider jurisdiction. that jurisdiction enables ..... shows that pawan kumar had obtained a licence from labour inspector in the year 1986 under the punjab commercial shop establishment act. the afore-mentioned form 'f' was proved by the labour inspector who appeared as aw1. he also produced ravinder kumar, aw-3, clerk municipal committee, dhariwal who deposed that sub-tenant pawan kumar, respondent no. 2 had also obtained a ..... m.m. kumar, j.1. this petition filed by the landlord-petitioner under section 15(5) of the east punjab urban rent restriction act, 1949 (for brevity 'the act') challenges judgment dated 26.9.1992 passed by the appellate authority, gurdaspur whereby it has reversed the judgment of the rent controller, gurdaspur dated 12.6.1991 evicting the ..... licence from the municipal committee, dhariwal for retail sale of match-box and vegetables in the year 1986. another .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-15-2004
Reported in : 2005(2)ESC1310; 2005(3)SLJ354(P& H)
..... were annulled on the ground that some of the selected candidates were related to the members of the selection committee. the apex court took notice of rule 7 of the punjab municipal general rules, 1979 which mentions certain relationships and in the event of direct or indirect interest of any such related persons. rule 8 of the rules further provides that they ..... answerable to the legislative assembly in furtherance of the political responsibility cast upon it. the theory of collective responsibility makes each minister victoriously responsible to the legislative assembly for the acts of other members of the council as well. true it is that the chief minister heads them and presides over the council of ministers, neither becomes defunct nor its ..... the state government is competent to do so under rule 14 of these rules ; (vi) the notification dated january 23, 2004 is well protected by section 2 of the police act, 1870 ; (vii) the allegation of treating unequals as equals is legally misconceived ; (viii) no material irregularity has been committed by the non publication of the advertisement in newspapers having ..... circumspection, caution and care in entertaining such petitions has also been authoritatively laid down. the busy bodies and meddlesome interlopers who pose themselves as crusaders for justice and pretend to act in the name of pro bono publico though they have absolutely no interest of the public to protect, have no place in the horizon of public interest litigation. any .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-05-2004
Reported in : RLW2004(4)Raj2097; 2004(4)WLC347
..... enquiry, preferably within a period of two months.24. reliance is then placed on the division bench judgment of punjab & haryana high court in sudesh kumar aggarwal v. state of punjab, 2001 punjab & haryana-197 where the election of the president of municipal council was challenged by way of writ petition, with a prayer to declare the petitioner to be elected, and ..... and justified reasons, whereupon the writ petition was filed, seeking direction, commanding the respondent authorities to hold the election to the offices of the president and vice president of municipal council, under the supervision of independent agency, and under strict security, and also to provide protection to the lives and properties of the petitioners. in that writ petition, ..... hon'ble the supreme court in harbhajan singh v. karan singh, air 1966 sc-641 wherein dealing with the provisions of east punjab holdings (consolidation and prevention of fragmentation) act, it was held, that there is no provision in the act, granting express power of review to the state government, with regard to an order made under section 42 of the ..... wherein the high court held, that writ cannot be dismissed on the ground of availability of alternative remedy, and even otherwise, the bar of jurisdiction under section 7 of election commission act .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-19-2004
Reported in : 2005(1)BomCR893
..... . 4 was elected as president. the petitioner did not make any amendment to seek prayer for removal of respondent no. 4 as a president of the municipal council. the division bench found that the principle of lis pendis applies and respondent no. 4 did not get any right to the post of president so ..... for the removal of the respondent no. 4 as president of the municipal council when the principle of us pendis applies. moreover, he points out that this court has already passed an order on 1-11-1994 when the ..... -8-1994 while the respondent no. 4 came to be elected as president of the municipal council on 2-11-1994. mr. talekar, learned counsel for the petitioner, submits that it is not necessary to amend the petition by seeking a prayer ..... and the learned government pleader that the petitioner has not claimed any relief against the respondent no. 4, who is at present working as president of the municipal council, parbhani. it is pointed out by the learned counsel for the petitioner that after the impugned order the petitioner filed the above writ petition on 12 ..... cannot be permitted to defeat the process of law by taking advantage of its own subsequent acts.23. another ruling in this respect which is pointed out by intervenor is in the case of parvinder singh bajaj v. state of punjab, reported in 1995 a.i.h.c. 3644. paras 10 and 11 of this ruling .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-20-2004
Reported in : (2004)138PLR532
..... (supra) has observed as under:-'after examining afresh the merits of the three decisions under consideration and also making a comparative study of the provisions contained in the punjab act and the haryana act insofar as the ground for eviction on account of default in payment or tendering the arrears of rent by the tenant is concerned, it is held that rubber house ..... case, it is proved that the rent recorded in the municipal recordis the actual rent agreed to between the parties. baldev singh appeared as rw1. he is a tenant under the appellant at a monthly rent of rs. 110/-. ex.pl ..... appellate authority by accepting the appeal of the landlord-respondent. on the issue of rate of rent the appellate authority, sangrur has placed reliance on the assessment register of the municipal committee and the oral statements of the landlord-respondent as well as other witnesses. the findings of the appellate authority on the aforementioned issues read as under: -' in the present ..... visit the premises and collect the names of tenants and the rent paid by him. nirmal singh rw-3 [the tenant-petitioner] also admitted this fact that the municipal employees came to the shop and enquire about the tenants. in view of this evidence, the contention of the appellant that the rate of rent is rs. 300/- per month .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Sep-06-2004
Reported in : AIR2005J& K25,2004(3)JKJ202
..... jammu city. the complainants lamented inaction and indifference of the authorities saddled with responsibility to ensure compliance with laws regulating building activities and adherence to laws like the municipal act, development act and building operations control act etc. clout at different levels was alleged to have resulted in throwing to winds the established norms and laws otherwise meant for public good. one such complaint ..... writ jurisdiction of the hon'ble court in the absence of any aggrieved party before the court. the jurisdiction vested in the state government in compounding the cases under the municipal act is absolute and final and is not open to judicial review. according to the petitioner, this court does not have any supervisory jurisdiction over the tribunal, which is not a ..... plan. he was asked to stop the said construction. on the same day, vide no. 33/2/kwo/95, another notice was issued to him under section 229 of the municipal act requiring him to alter/demolish the said khilafwarzi (violation), committed in the approved plan, within three days from the date of service of the notice, failing which action would be ..... order suo motu. in any case, the high court has power under article 227 of the constitution to set aside that order.31. similarly, the punjab high court in faqir chand v. gori chand, air 1962 punjab 117 held that that suo motu interference under article 227 is also legally permissible without any formal application.32. in state of u. p. v .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Hyderabad
Decided on : Sep-15-2004
Reported in : (2005)92ITD500(Hyd.)
..... year, means- (i) any quest house and any residential house [including a farm house situated within twenty-five kilometers from the local limits of any municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee or by any other name) or a cantonment board], but does not include - (1 ..... not in a habitable condition. therefore, ao denied the claim of exemption under section 5(1)(vi) of the act. the ao appears to have called for the evidence of payment of municipal taxes to support the claim that the building was actually completed and habitable, except producing the electricity bills for the ..... light of the decision of the hon'ble punjab and haryana high court (supra), we set aside the issue, to the file of the ao and direct him to refer to the matter to ..... instant case, the ao failed to refer the matter to the valuation officer. in this regard, reliance was placed upon the decision of the hon'ble punjab and haryana high court in the case of raj paul oswal v.cwt, 171 itr 489.20. considering the circumstances of the case and in the ..... law, enhancing the values of the immovable properties exceeding, 1/3rd, without invoking the provisions of section 16a of the wealth tax act." placing reliance on the decision of hon'ble punjab & haryana high court in the case of raj paul oswal v. cwt, 171' itr 489, learned counsel submitted that if the .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-01-2004
Reported in : AIR2005Bom229; 2005(1)ALLMR348; 2005(1)MhLj269
..... in clause (a) of sub-section (1) of section 5 or in section 19, for the purpose of any general election held after the commencement of the maharashtra municipal corporations and municipal councils (amendment) act, 1994, such number of scats out of the total number of seats to be filled in by direct election, shall be reserved for the members belonging to the ..... will be sitting in appeal against a decision of the scrutiny committee, which power is given only to the high court under section 7(2) of the caste certificate act, 2000. the municipal commissioner cannot exercise that power.16. in connection with the aforesaid submission of mr. joshi, we will have to note that, in the facts of the present case, undoubtedly ..... validity certificate dated 8th january, 2002 had been cancelled by the scrutiny committee. thereafter, he observed and ordered as follows :-as per section 16(1c) (a) of the mumbai municipal corporations act, the councillor shall be disqualified for being such councillor consequent upon the caste certificate verification committee or any other competent authority specified by the state government for the purpose of ..... right person in the right proceedings and circumstances.'the said judgment and the observations of the learned author were quoted by the apex court in the case of state of punjab v. gurdev singh reported in : (1992)illj283sc with approval. in hadkinson v. hadkinson reported in (1952) 2 all er 567, the court of appeal referred to a judgment in chuck .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-28-2004
Reported in : 2005(2)AWC1191; (2004)3UPLBEC2778
..... in smt. parayankandiyal eravath kanepravan kalliani amma and ors. v. k. devi : air1996sc1963 ; dr. k.r. lakshmanan v. state of tamil nadu and anr. : 1996crilj1635 ; new delhi municipal committee v. state of punjab etc. etc. : air1997sc2847 ; public services tribunal bar association v. state of u.p. and ors. : 1scr666 ; and state of gujarat v. akhil gujarat pravasi v. ..... question arose as to whether the tehsildar could be dismissed by the financial commissioner after commencement of the constitution, in exercise of the powers under punjab tehsildari rules, 1932, framed under the punjab land revenue act, 1887. majority of the nine hon'ble judges held that it was a valid order for the reason that the said 1932 rules remained ..... not always be decisive of the question of construction. the administrative construction i.e. the contemporaneous construction placed by administrative or executive officers responsible for execution of the act/rules etc, generally should be clearly wrong before it is over-turned. such a construction commonly referred to as practical construction although not controlling, is never- the ..... the state government has not adopted the rules, 1972 for filling up the vacancies of subordinate police officials, it cannot be assumed that statutory provisions of act, 1861 stood repealed. thus, provisions of act, 1861 (special act) will prevail over rules, 1972 general law. [vide secretary of state v. hindustan co-operative insurance society ltd. ; j.k. cotton spinning & .....Tag this Judgment!
Court : Chennai
Decided on : Sep-08-2004
Reported in : (2004)4MLJ335
..... versus female workers (muster roll) and another); : (1996)illj1223sc (chief conservator of forests and another versus jagannath maruthi kondhare and others); : (1983)illj410sc (ajit singh and others v. state of punjab and another) , : (2002)10scc432 (u.t. chandigarh & others versus avtar singh and others) and : air2004sc1559 (union of india versus naveen jindal and another)'.6. mr.s.m.subramaniam, learned ..... it must, therefore, be held that all the requirements of the term 'factory' as defined by section 2(m) of the factories act are satisfied on the facts of the present case.'44. in yet another judgment reported in ' : (2000)illj846sc (municipal corporation of delhi versus female workers (muster roll) and another)' a question arose as to whether the 'activity of delhi ..... ). 12. mr.a.l.somayaji, the learned senior counsel who also appeared for the state placed heavy reliance upon the full bench decision of the punjab and haryana high court, reported in ' (state of punjab versus kuldip singh and another)' and contended that in respect of essential services of the state, which does not involve any trade or business or even ..... industry' was erroneous.41. one other decision which was strongly relied upon by thiru a.l.somayaji is the judgment reported in ' (state of punjab versus kuldip singh and another)'. it is a full bench judgement of punjab and haryana high court. the full bench was dealing with a question as to whether the national communication system like national and state highways .....Tag this Judgment!