Court : Punjab and Haryana
Decided on : Feb-10-2014
..... coming from the custody of the defendant/appellant and is a government record?. (ii) whether demised premises, if included in the municipal limits by way of notification of the government to which the provisions of the east punjab urban rent restriction act, 1949 became applicable, civil court still have the jurisdiction to decide the lis between the parties?. rs.no.3367 of 1987 -7 ..... located in the rural area, therefore, provisions of east punjab urban rent restriction act, 1949 were not applicable and the said petition was dismissed for want of jurisdiction and now in order to prolong the litigation, the plea has been taken by the defendant to prove that the demised premises has come within municipal limits by virtue of notification dated 5.6.1987, published ..... and another . 2005(1) rcr (civil) 303 and lakshmi narayan guin and others versus niranjan modak, 1985 (1) rent control reporter 27 (sc).the aforesaid judgments are the cases of extension of municipal limits wherein it has been held that the moment demised premises, which happened to be a rural property, becomes an urban area by its inclusion within the municipal ..... to mention here that in law, there are two situations where the judgments have been rendered by various courts about the jurisdiction of the civil court in case of extension of the municipal limits by which the rural properties are included in the urban areas; and in case of expiry of the exemption period during pendency of the suit. both the situations .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-10-2014
..... court and the appeal was dismissed. it was not disputed that when the suit was instituted on 01.11.2004, the provisions of the east punjab urban rent restriction act, 1949, were not applicable which became applicable during the pendency of the suit w.e.f. 01.04.2005. this court, while relying ..... [ 14 ]. ***** but in appeal it was reversed on the ground that the shop in dispute is situated within the municipal limits of kharkhoda to which the provisions of the act have been made applicable and the civil court does not have the jurisdiction to try the suit. the second appeal at the instance ..... 29 i attest to the accuracy and integrity of this document chandigarh rsa no.3486 of 2013 (o&m) [ 10 ]. ***** the act has become applicable because of the extension of the municipal area converting rural area into the urban area. the present case is pertaining to the second situation because admittedly, when ..... and recovery of rs.27,72,000/-, mesne-profits and permanent injunction. at the time of institution of suit, the demised shop fell outside the limits of municipal area, therefore, the suit was filed in the civil court. during the pendency of suit, the demised shop was covered by the area ..... the suit was filed, the demised premises was not within the municipal limits of gurgaon and was not covered by the provisions of the act but during .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-28-2014
..... board for disposal in view of the extensive arguments raised by learned counsel for the parties. this order will dispose of c.r. nos. 1726, 2266, 2346 and 2339 of 2013. the petitioners who are the tenants are facing proceeding under section 13-b of the east punjab urban rent restriction act, 1949 (hereinafter referred to as 'the act'). the respondent-landlord while initiating the ..... is done or taken on the next day afterwards on which the court or office is open ; provided that nothing in this section shall apply to any act reena or proceeding to which the indian limitation act, 1877 (15 2014.02.03 15:31 i attest to the accuracy and integrity of this document chandigarh c.r. no.1726 of 2013(o&m ..... fact needs to be noticed, since it has formed the basis of one of the arguments raised before this court on the point of limitation. the petitioners were served in the proceedings under section 13-b of the act on 30.06.2012. the courts remained closed on account of vacations till 15.06.2012 and the period of 15 days were ..... vacations. the petitioners filed respective applications for leave to defend on 16.02.2012 and, thus, claimed the proceedings to be within limitation. reliance was placed by learned counsel for the petitioners on section 10 of the general clauses act to contend that since he was prevented from filing the application within the stipulated period of 15 days on account of the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-24-2014
..... 6169-2010 -3- phirni of the village fixed at the time of consolidation under the east punjab holdings (consolidation and prevention of fragmentation) act 1948. insofar as the state of punjab is concerned, the issue of extension of abadi deh of villages has received the attention of gmada in the periphery area of ..... the requirement does not exist. the stand of the u.t of chandigarh is that there should be no extension of lal dora as the administration has limited land and the extension in lal dora would be counter-productive and is an endeavour only to obtain plotting of agricultural land by ..... in haphazard manner and illegal constructions are stated to have taken place which is against the very spirit of extension of lal dora and the objectives and reasons of the periphery act. thus, where residential chand parkash 2014.03.25 10:18 i attest to the accuracy and integrity of ..... to the accuracy and integrity of this document cwp-6169-2010 -5- additional advocate general, haryana and the affidavits already on record of state of punjab and u.t.of chandigarh. the petition accordingly stands disposed of. ( sanjay kishan kaul ) chief justice2403.2014 ( arun palli) parkash* judge chand ..... kaul, chief justice hon ble mr.justice arun palli present: mr.ravi sharma, advocate for the petitioner mr.harsimran s. sethi, addl. advocate general, punjab mr.ajay gupta, addl. advocate general, haryana mr.shikhar verma, advocate for u.t.of chandigarh .sanjay kishan kaul, chief justice: (oral) the present .....Tag this Judgment!
Court : Delhi
Decided on : Sep-10-2014
..... denied...? 105. the andhra pradesh high court in its decision reported as air1985ap207bharat heavy plates and vessels ltd., visakhapatnam, had categorically recognised such obligation cast upon the husband and extensively discussed the equitable considerations accruing therefrom in favour of the wife to reside in her ?matrimonial home , though at the relevant point of time there was no legislation akin to ..... m venkatachalam potti; (1969) 1 scc839a.v.s narasimha rao v. stateof a.p; air1993sc477indira sawhney v. union of india; (2001) 7 scc126 s.r chaudhuri v. state of punjab; and (2003) 7 scc224karnataka small scale industries development corporation ltd. v. commissioner of income tax.92. the statement of objects and reasons appended with the protection of women from domestic ..... for northern ireland v. gallagher, wherein it was pertinently observed"we cannot encroach on its legislative function by reading in some limitation which we may think was probably intended but which cannot be inferred from the words of the act."58. on the first blush it may appear quite jarring to certain quarters of the society that by enacting the protection of ..... case of hindu means a hindu undivided family and, in the case of other persons, a group of members of which are by custom, joint in possession or residence. [punjab apartment ownership act (punjab act no.13 of 1995) s.2(c); and punjab apartment and property regulation act (14 of 1995) s.2(s)].74. section 2(16) of the gujarat agricultural land ceiling .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-06-2014
..... there are concurrent findings of fact with regard to execution of agreement to sell (ex.p-1).in regular second appeal, this court has limited power and cannot interfere in the concurrent findings of fact recorded by both the courts below. learned counsel has further contended that mere inter ..... and integrity of this document rs.no.91 of 2010 13 fundamental; for instance, if the contract were to include clause providing for extension of time in certain contingencies or for payment of fine or penalty for every day or week the work undertaken remains unfinished on the ..... further the agreement to sell cannot be said to be duly executed. in this connection, it would be appropriate to refer to the relevant provisions in punjab stamp rules, 1934, as applicable to haryana. rule 28 (xiii) of the said rules reads as under: - (xiii) the vendor shall, with ..... a court of appeal. in laxman tatyaba kankate versus taramati harishchandra dhatrak, air2010sc3025 it was observed that section 20(2) of the specific relief act, 1963 specifies circumstances in which the court may properly exercise discretion, not to decree specific performance. the circumstances specified are only illustrative and not ..... khodaram irani v. burjorji dhunjibhai [ilr40bom 289 ].the judicial committee of the privy council observed that the principle underlying section 55 of the contract act did not differ from those which obtained under the law of england as regards contracts for sale of land. . 22. in hind construction contractors .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-11-2014
..... or substantially similar emoluments. 38.4. the cases in which the labour court/industrial tribunal exercises power under section11-a of the industrial disputes act, 1947 and finds that even though the enquiry held against the employee/workman is consistent with the rules of natural justice and/or certified standing ..... finding are within the exclusive jurisdiction of the tribunal and the said points cannot be agitated before a writ court. it is within these limits that the jurisdiction conferred on the high court under article 226 to issue a writ of certiorari can be legitimately exercised. the scope ..... repay the loans given to him by his brothers. he stated that he was therefore entitled for back wages. the respondent was cross-examined extensively on behalf of the petitioner-bank. in his cross-examination, the respondent has confirmed that he was not looking after the business of m ..... except to the extent he was gainfully employed during the enforced idleness. (emphasis supplied the supreme court in its decision in the case of harjindersingh v.punjab state warehousing corporation (2010 (1) clr 884) in dealing with the judgment of back wages, it has been observed as under : 20. ..... branch and continued to carry on his duties and responsibilities to the satisfaction of the superiors. he contended that he was residing at goregaon (east) in mumbai with two younger brothers viz. premnath kalmady and ganesh kalmady. both these brothers had opened their savings bank account at jogeshwari .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-28-2014
..... in the case of union of india vs. tarachand gupta and bros. (supra), is an authority for the proposition that notwithstanding finality clauses in import and exports (control) act, 1947, where a statutory authority acts in excess of jurisdiction, the civil court can always interfere. 55. the decision in the case commissioner of income tax vs. greenworld corporation parwanoo (supra), is an authority ..... in condition no.2 of the aforesaid order dated 21.3.1981, the respondent no. 3 (state) by order dated 15.6.1994 granted an extension of one year to commence construction. however, the outer limit to complete construction was unaltered. by further order dated 23.4.1997, the state amended the exemption order dated 21.3.1981 by permitting the respondent ..... aforesaid opinions expressed by english jurists and judges have been quoted with approval in the indian context by the supreme court of india in the cases of (i) state of punjab and ors. vs. gurdev singh (1991) 4 scc 1), (ii) state of kerala vs. m. k. kunhikannan nambiar manjeri manikoth, naduvil (dead) and ors. (1996) 1 scc 435)and (iii ..... fully effective unless and until it is set aside by a court of competent jurisdiction. until its validity is challenged, its legality is preserved." 46. in case of smith v. east. elloe rural district council (1956) ac 736 page 769), lord radcliffe explains the legal position thus: but this argument is in reality a play on the meaning of the word .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-07-2014
..... adjustment made or to be made by reason of the creation before the commencement of this constitution of the dominion of pakistan or of the provinces of west bengal, east bengal, west punjab and east punjab. . article 295 - succession to property, assets, rights, liabilities and obligations in other cases.-. (1) as from the commencement of this constitution- (a) all property and ..... maintainability of the suit. kerala s defence is that the 1886 lease agreement for 999 years lapsed under the provisions of section 7(1)(b) of the indian independence act, 1947 ( act of 1947 ). from 1947 to 26.01.1950, the lease was continued as a temporary lease on annual basis. after 26.01.1950, even the temporary continuation of the lease came to ..... water level of mullaperiyar dam after it had solved on 27.02.2006 (mullaperiyar environmental protection forum.) because the kerala state legislature enacted the law immediately thereafter fixing and limiting full reservoir level (frl) to 136 ft. mullaperiyar dam :1886. lease agreement 2. mullaperiyar dam a masonry dam was constructed pursuant to the periyar lake lease agreement dated ..... and the effect of 1970 supplemental agreements and the other two issues concern maintainability of suit under article 131, if 1886 lease agreement is held valid, binding and enforceable. extensive arguments have been addressed to us by the learned senior counsel for the two contesting states in respect of these issues. however, it must be noted immediately that kerala .....Tag this Judgment!
Court : Kerala
Decided on : Nov-17-2014
..... such a statutory fiction and it has to be carried to its logical conclusion. in the well-known case of east end dwellings co. ltd. v. finsbury borough council, lord asquith while dealing with the provisions of the town and country planning act, 1947, observed: "if you are bidden to treat an imaginary state of affairs as real, you must surely, unless ..... it was contended that in view of the assent given by the president, the state act prevails over the central act. this court in that context considered the scope of the limited assent. chandrachud, c.j.speaking for majority, held that the central act, 1950 prevails over the punjab act, 1953 and the assent of the president which was obtained for a specific purpose cannot ..... areas of rivers, lakes and reservoirs in the interest of soil and water conservation, for mitigating floods and droughts and for the retardation of siltation of reservoirs. -- checking the extension of sand dunes in the desert areas of rajasthan and along the coastal tracts. -- increasing substantially the forest/tree cover in the country through massive afforestation and social forestry ..... types of lands and waters. in phillips petroleum co. v. mississippi the united states w.p(c) no.26691 of 2010, etc. -:191. :- supreme court upheld mississippi's extension of public trust doctrine to lands underlying non-navigable tidal areas. the majority judgment adopted ecological concepts to determine which lands can be considered tide lands. phillips petroleum case assumes .....Tag this Judgment!