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Judgment Search Results Home > Cases Phrase: the east punjab extension of limitation act 1947 Year: 1996 Page 1 of about 13 results (0.072 seconds)

Mar 22 1996 (HC)

Natraj Chhabigrih, Sigra Vs. State of U.P. and Another

Court : Allahabad

Decided on : Mar-22-1996

Reported in : AIR1996All375

..... discharge the powers and functions of the state government in relation to the union territory under the act. later, the east punjab urban rent restriction act (extension to chandigarh) act, 1974 (for short, the extension act) came to be passed.181. in view of section 3 of the act. the chief commissioner published a notification dated 31 -1-1973 exempting the buildings referred to ..... should be equally applicable to the proprietors of cinemas falling under the proviso, excluding such proprietors, the court rightly held it to be discriminatory. further referring order limiting the scope of proviso to new cinemas, reasoning they require lesser maintenance tojustifytheirexclusion. is palpably wrong as proviso covers both old and new cinemas and both require maintenance ..... on the facts and circumstances of each case to be considered by the bench hearing this matter. thus full bench is competent only to give its opinion on the limited question referred otherwise ii would be transgressing its jurisdiction. hence, the preliminary objection (iii) of res judicata orlhe present casebeing barred by virtue of section 11 explanation ..... which is possessed by the nation as an independent sovereign power. the jurisdiction of thenation within its own territory is necessarily exclusive and absolute. it is susceptible of no limitation not imppsed by itself....' 53. : 1988crilj1661 antulay v. r. s.nayak.'43. ... in rectifying the error, no procedural inhibitions should debar this court because no .....

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Apr 22 1996 (HC)

Shiv Kumar Vs. Krishan Kumar

Court : Punjab and Haryana

Decided on : Apr-22-1996

Reported in : (1996)113PLR285

..... solely used for business purpose. this judgment is dated 3.3.1977, i.e. before section 2(d) was amended by amending act 42 of 1982 dated 21.8.1982. [the east punjab urban rent restriction (chandigarh amendment) act 1982 (indian parliament act no. 42 of 1982) - editor]. hence, this authority now cannot help the landlord.22. in satish kumar mittal's case (supra) also ..... the said purpose, he cannot be evict him for his residential need. the contention was repelled and ejectment order was passed. the high court upheld the said order.25. in east punjab traders v. gurpiara lal saggar, (1981)83 p.l.r. 241, this high curt has held that when the landlord bonafide requires the demised premises for his residence and has ..... sub clause (8) but to section 18- a of the act. under this proviso, a revision is maintainable before the high court for the limited purpose to examine that order passed by the rent controller under this section is according to law or not, though the purpose is limited but it is very extensive as well, because the illegality of the order is assailable ..... .e. article 286(2).'10. in moti ram's case (supra) the apex court considered the provisions of section 50 of bombay rents. hotel and lodging house rates control act (57 of 1947) and it held:-'the proviso to s.50 read with the separate paragraph added thereto is an independent provision enacting a substantive law of its own by way of .....

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May 29 1996 (HC)

Sadhu Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : May-29-1996

Reported in : (1996)114PLR273

..... district ferozepur. while upholding the exercised ofpower under section 17(2), a division bench of this court held :-'section 17(2) as substituted by the punjab act, inter alia provides that the urgency provisions can be invoked 'whenever in the opinion of the collector, it becomes necessary to acquire the immediate possession ..... that it is necessary to acquire to immediate possession of any land for the purpose of any library or educational institution or for the construction, extension of improvement of any building or other structure in any village for the common use of inhabitants of such village etc.clause (c) of ..... it become necessary to acquire the immediate possession of any land for the purpose of any library or educational institution or for the construction, extension or improvement of any building or other structure in any village for the common use of inhabitants of such village, or any godown for ..... of mind. in this connection, we consider it appropriate to refer to a recent decision of this court in st. swaran kaur v. state of punjab, (1995-2)110 p.l.r. 412. in that case acquisition was for establishment of industrial training institute at jalalbad (est), tehsil fazilka, ..... copies of the letters dated 5.6.1992 and 13.7.1992 written by the deputy commissioner, mansa to the financial commissioner (revenue), punjab and photostat copies of the note-sheets showing that the proceedings were approved by the minister concerned as well as the chief minister before notification .....

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Apr 09 1996 (HC)

Ram Sarup and Another Vs. DIn Dayal

Court : Punjab and Haryana

Decided on : Apr-09-1996

Reported in : AIR1997P& H1

..... a tenant in the newly constructed building and if so, on what terms and conditions. sub-sec. (3)(a)(iii) of s. 13 of the east punjab urban rent restriction act, 1949 (hereinafter referred to as 'the punjab act') gives a right to the landlord to seek eviction of the tenant, which reads as under:--'(iii) in the case of any building or rented land ..... the decision in nakara's case, their lordships held (paras 18 and 19 of air 1990 sc):'the doctrine of precedent, that is being bound by a previous decision, is limited to the decision itself and as to what is necessarily involved in it. it does not mean that this court is bound by the various reasons given in support of ..... that section 12 gives right to the tenant two seek permission of the controller to effect ordinary repairs and further observed that the repairs effected by the appellant were not extensive. their lordships observed that the high court was not right in reversing the findings recorded by the appellate authority. their lordships accepted the arguments raised on behalf of the tenant ..... who has been discharged or dismissed by the landlord from his service or employment in contravention of the provisions of the industrial disputes act, 1947, he shall not be liable to be evicted until the competent authority under that act confirms the order of discharge or dismissal made against him by the landlord:(ia) in the case of a residential building, if the .....

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Feb 22 1996 (HC)

Punjab Anand Lamp Employees Union Vs. Punjab Anand Lamp Industry Ltd. ...

Court : Punjab and Haryana

Decided on : Feb-22-1996

Reported in : (1997)ILLJ338P& H

..... . the issue raised in this writ petition relates to the scope of power vesting in the government under section 10 read with section 12 of the industrial disputes act, 1947 (hereinafter referred to as 'the act') and although the apex court and various high courts have rendered several judgments on the issue, it has become necessary to examine the matter in detail keeping ..... in lieu of discharge or dismissal as the circumstances of the case may warrant. for this purpose, a new section 11a is proposed to be inserted in the industrial disputes act, 1947.'53. the ambit and scope of section 11a came to be considered by the supreme court in workmen of fires tone tyre and rubber co. v. the management (1973-i ..... three months;provided further that where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, to the labour court, tribunal or national tribunal for extension of such period or for any other reason and the presiding officer of such labour court, tribunal or national tribunal considers it necessary or expedient to extend such period, he ..... industrial disputes (amendment) act, 1971, the labour court and the tribunals had limited jurisdiction to interfere with the action taken by the employer after holding disciplinary enquiry.51. in indian iron and steel co. ltd. v. their workmen (1958-i- llj-260), punjab national, bank ltd. v. their workmen (1959-ii-llj-666), management of ritz theater (p) ltd. v. its workmen a .....

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Feb 09 1996 (SC)

Officer on Special Duty (Land Acquisition) and anr. Vs. Shah Manilal C ...

Court : Supreme Court of India

Decided on : Feb-09-1996

Reported in : (1996)2GLR626; (1996)2GLR626; JT1996(2)SC278; 1996(4)KarLJ605; (1996)1MLJ113(SC); 1996(2)SCALE153; (1996)9SCC414; [1996]2SCR366

..... the appeal or- making the application within such period. explanation is not necessary for the purpose of this case. hence omitted. if the suit is barred by limitation prescribed by the limitation act, an application for extension of the prescribed time may be made to the court and the applicant may satisfy the court that he had sufficient cause for not preferring the appeal ..... the applicant had sufficient cause for not preferring the. appeal or making application. the labour court was held not a court within, the limitation act when it exercises the power under section 33c(1) and (2) of the industrial disputes act, 1947.13. in smt. sushila devi v. ramanandan prasad and ors. : [1976]2scr845 , the question arose whether the collector to whom application under ..... the time of making of the award by the collector under clause (a) of proviso to sub-section (2). the collector, when he makes the reference, acts as a statutory authority.10. in state of punjab and anr. v. satinder bir singh : [1995]2scr255 , a bench of two judges [to which one of us, k. ramaswamy, j., was a member] was to ..... consider whether the application for reference under section 18 was barred by limitation and the direction issued by the court for making reference was valid in law. the .....

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Jul 23 1996 (SC)

Nripati Ghoshal, First Land Acquisition Collector and Others, Etc. Vs. ...

Court : Supreme Court of India

Decided on : Jul-23-1996

Reported in : 1996VIAD(SC)163; AIR1996SC2586; JT1996(11)SC84; 1996(5)SCALE549; (1996)5SCC386; [1996]Supp3SCR850

..... hastings, calcutta was requisitioned on november 29, 1971 under section 3(1) of the west bengal premises requisition and control (temporary provisions) act, 1947 (for short, 'the bengal act') due to bangladesh war. the indian navy had taken possession thereof and has remained in possession of the said premises. subsequently, it would ..... proceedings were initiated for non-delivery of possession, yet no steps had been taken even to file appeal in this court within the prescribed limitation. that would show apathy or absolute indifference on the part of the concerned officers in pursuing the proceedings. it would be obvious that ..... invariably, all cases of the government, be that of government of india or state governments, except presently in the case of the government of punjab, are being filed with abnormal delay. it would, therefore, be high time that all the governments should necessarily streamline the process of taking decision ..... pointed out in the high court that there was no public purpose in requisitioning the property, they came forward with the acquisition under the act; when the learned single judge had directed the appellants to have the award enquiry completed and the award made within four months, the same ..... under section 12 was issued to the respondents on september 23, 1983. thus the acquisition under the act had become final. an oral application came to be made before the learned judge for extension of time on july 22, 1983 since the time was to expire on august 8, 1983. .....

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Dec 19 1996 (SC)

New Delhi Municipal Committee Vs. State of Punjab, Etc. Etc.

Court : Supreme Court of India

Decided on : Dec-19-1996

Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472

..... other federations, the union of india has a sizeable territory of its own comprising the union territories which have been specified in the first schedule to the constitution. therefore, the limited reciprocal inter-governmental immunity bestowed by the constitution in articles 285 and 289 is given fuller meaning by virtue of the adoption of the wider meaning of 'union taxation'; this ..... council area is concerned, the taxes were levied till 1994 under the punjab municipal act, 1911 as extended and applied by the part 'c' state (laws) act, 1950 enacted by parliament, it is held by this court in mithanlal that extension of an act to an area has the same effect as if that act has been made by the extending legislature for the area. the ..... ) coorg, (v) andaman & nicobar islands, and (vi) the area known as panth piploda : and provided that these areas were to be administered by the governor general, acting through a chief commissioner.68. on july 31, 1947, during the incipient stages of the framing of the constitution, a committee under the chairmanship of dr. b. pattabhi sitaramayya was established to study and report ..... -no doubt, with certain changes-it would be helpful to refer to and examine the purport and scope of section 155 (as it obtained prior to its amendment in 1947). we would also be simultaneously examining the scheme and purport of article 289. it would be appropriate to read both article 289 and section 155 together:289. exemption of property .....

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Jan 05 1996 (SC)

Ajmer Central Co-operative Bank Ltd, Ajmer Vs. Prescribed Authority, U ...

Court : Supreme Court of India

Decided on : Jan-05-1996

Reported in : 1996IAD(SC)437; AIR1996SC2911; JT1996(1)SC52; 1996(4)KarLJ13; 1996(1)SCALE43; (1996)2SCC1; [1996]1SCR160

..... 9. to the challenge of validity of the order dated august 14, 1986, holding the complaint under section 28-a of the said act to be within limitation, the high court took the view that since the authority had found that the order of july 1, 1983 had not been received by ..... writ petitions were dismissed summarily.10. it was urged on behalf of the appellant that the impugned orders of the authority, both on the question of limitation and on merit, were hit by the principle of res judicata, and to support the argument, attention was invited to the two orders of the civil ..... the suit. therefore, the suit is dismissed without any cost. the file is sent to record munsif and judicial magistrateist class, ajmer city (east)5. before-hand, however, the second respondent on 7.1.1985, while the suit was pending, and having failed to obtain a temporary injunction, moved ..... on july 4, 1983, the second respondent filed a civil suit no. 422 of 1983 for injunction in the court of the munsiff, ajmer city (east), ajmer, impleading the appellant as the sole respondent. his main attack in the suit was against the initiation of the enquiry, the manner in which ..... punjab and haryana high court in sukhi ram. state of haryana [1982] l & i c 1282 was cited to buttress the argument. that case is wholly inapplicable to the facts in hand. that was a case in which it was ruled that an employee who does not take the aid of industrial disputes act, whereunder powers of the deciding authorities were more extensive .....

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Feb 09 1996 (HC)

Anil Kumar Khurana Vs. Union of India and ors.

Court : Delhi

Decided on : Feb-09-1996

Reported in : 62(1996)DLT313

..... a false claim and on that account prosecution was launched against him. on the date when he made the claim the law that was governing the rights of parties was east punjab refugees (registration of land claims) act, ordinance (7 of 1948). the argument was that the magistrate before him he was tried for an offence under the ordinance before the ..... the sanction plan, namely, up to july 1994. he further pleaded that there were minor deviations in the construction from the sanctioned plan and the deviations were within the compoundable limits and, thereforee, the mcd after receiving the compounding fee granted to him the completion certificate in respect of the property. he has specifically pleaded in the suit that the construction ..... to ten years. in other words, the spirit of the regulation is that an ah, if medically fit, is likely to continue up to the age of 45 by yearly extensions given by the managing director. unfortunately, however, the real intention of the makers of the regulation has not been carried out because the managing director has been given an uncontrolled ..... or any local authority; or * * * * *' '43. repeal and savings.-(1) the united provinces (temporary) control of rent and eviction act, 1947 (u.p. act no. ill of 1947) is hereby repealed. (2) not with standing such repeal- * * * * *' we have in this case a temporary act which would have died a natural death by the end of september, 1972 but before its life had run out .....

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