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Judgment Search Results Home > Cases Phrase: the east punjab urban rent restriction amendment act 1953 Page 1 of about 279 results (0.070 seconds)

Oct 18 1972 (HC)

Dev Raj Vs. the Union of India and ors.

Court : Punjab and Haryana

Reported in : AIR1974P& H65

..... extend its retrospective effect beyond what was intended.'53. in ram parshad halwai v. mukhtiar chand, ilr (1958) 11 punj 1953, a division bench of this court dealing with the amendment of one of the clauses of section 13(3) of the east punjab urban rent restriction act, 1949, said:'it is correct that the intention to give retrospective operation to a statutes so as to make it ..... his lordship observed:'the amending act obviously does not make he relevant provision retrospective in terms and we see no reason to accept the suggestion ..... words:'it is well settled that where an amendment affects vested rights the amendment would operate prospectively unless it is expressly made retrospective or its retrospective operation follows as a matter of necessary implication.'49. in that case their lordships were dealing with the amendment of one of the clauses of section 13(3) of the east punjab urban rent restriction act, pertaining to a ground for eviction. continuing .....

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Apr 25 2005 (HC)

Bharat Bhushan and anr. Vs. Dr. K.K. Saini and ors.

Court : Punjab and Haryana

Reported in : (2005)141PLR221

..... in possession of the landlord-respondents nor they have vacated any other property in the urban area of amritsar without sufficient cause after the commencement of east punjab urban rent restriction (amendment) act, 1985. it has also been found that landlord-respondent 1 is a specified landlord under section 13-a of the act as he was to retire from service on 31.12.2004 which has been within ..... been found that landlord-respondent 1 is the owner of the property as he has produced sale-deed dated 11.11.1953 which categorically shows that he had purchased the property from one karam chand, it may be true that rent was collected by smt. sita devi respondent 2 who is mother of landlord-respondent 1. but on that basis alone, it ..... the affairs of union of india....' 5. on the question as to whether landlord-respondent 1 was the owner of the demised premises, the rent controller, has placed reliance on a sale-deed dated 11.11.1953. it has been concluded that the sale-deed proves the fact that the demised premises was vested with landlord-respondent 1 since the execution of ..... the sale-deed. it has further been found from the affidavit filed by respondent no.2 smt. sita devi that she was merely collecting the rent from the tenant-petitioners in .....

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Dec 05 1995 (SC)

Harbilas Rai Bansal Vs. State of Punjab and Another

Court : Supreme Court of India

Reported in : AIR1996SC857; JT1995(8)SC458; (1996)112PLR227; 1995(6)SCALE717; (1996)1SCC1; [1995]Supp6SCR178; 1996(1)LC464(SC)

..... as the principal act-(i)(a) ...(b) ...(ii)(a) in sub-clause (ii) the ..... the commencement of this act, in the urban area concerned.4. the amendment was enforced by the notification dated september 24, 1956. the impugned provisions of the amendment are as under:1. short title-this act may be called the east punjab urban rent restriction (amendment) act, 1956.2. amendment of section 13 of east punjab act iii of 1949.-in clause (a) of sub-section (3) of section 13 of the east punjab urban rent restriction act, 1949, hereinafter referred to ..... dismissed by the punjab and haryana high court in limine. this appeal, by way of special leave, is against the order of the high court.2. the non-residential premises in dispute was given on rent by the appellant's father to the predecessor-in-interest of respondent 2. after the death of appellant's father in the year 1953 the appellant, who .....

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Jul 26 1968 (HC)

Bhaiya Ram Hargo Lal Vs. Mahavir Prasad Murari Lal Mahajan

Court : Punjab and Haryana

Reported in : AIR1969P& H110

..... 1952-54 pun lr 358=(air 1952 punj 422) (supra) on account of which this reference to this full bench has been necessitated. the case arose under this very punjab act (east punjab urban rent restriction act, 3 of 1949). notice of ejectment had actually been issued in that case requiring the tenant to vacate the premises by the 1st of october, 1950. the controversy related ..... on september 22, 1966 the supreme court delivered judgment in air 1967 sc 1419. this case arose under the calcutta thika tenancy act (2 of 1949) as amended by the calcutta thika tenanct (amendment) act (6 of 1953) (hereinafter called the calcutta act). the contractual stipulation in the lease-deed between the parties to that litigation provided for the service of a six months notice ..... passage quoted above that their lordships of the supreme court held in namdeo's case, air 1953 sc 228 that the introduction of the provision for service of a notice under clause (g) of section 111 of the transfer of property act by the amending act of 1929 was not based of principles of equity, justice or good conscience. that cannot possibly ..... of termination of the tenancy. the opening part of section 3 of the calcutta act provides:-'notwithstanding anything contained in any other law .....

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Jun 24 1993 (HC)

Ruli Ram (Deceased) Through L.R. and ors. Vs. Amar Singh

Court : Himachal Pradesh

..... enactments were pan materia with those of the delhi and ajmer rent control act, 1952 as also of the delhi rent control act, 1958, which came up for consideration in ..... the instant case is one but separate rent specified for two portions, namely, one for residence and the other for shop. at the relevant time when ruli ram was inducted as tenant, provisions of the punjab urban rent restriction act, 1947 with east punjab amendment act, 1948, were applicable and the same were repealed and substituted by the east punjab urban rent restriction act 1949. the provisions of both the ..... by the landlord was also repealed during the pendency of the litigation and was replaced by the himachal pradesh urban rent control act, 1987 (act no. 25 of 1987) (hereinafter called as 'the act'). the landlord also moved an application seeking amendment to the eviction petition so as to meet the requirement of law by taking up the ground and ..... sushila devi or her general attorney shri kirpa ram. the same are for the period from 1953 to 28th february, 1964. the same are almost similarly worded. none of the receipt is with respect to the full amount of rent. the rent has been paid and received in part. almost all the receipts are with respect to both the .....

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Jan 29 1988 (SC)

D.N. Malhotra Vs. Kartar Singh

Court : Supreme Court of India

Reported in : JT1988(1)SC213; 1988(1)SCALE223; (1988)1SCC656; [1988]2SCR833; 1988(1)LC572(SC)

..... one year prior to or within one year after the date of his retirement or after his retirement but within one year of the date of commencement of the east punjab urban rent restriction (amendment) act, 1985, whichever is later, to the controller along with a certificate from the authority competent to remove him from service for directing the tenant to give him ..... one year prior to or within one year after the date of his retirement or after his retirement but within one year of the date of commencement of the east punjab urban rent restriction (amendment) act, 1985, whichever is later, applies to the controller along with a certificate from the authority competent to remove him from service indicating the date of his retirement and ..... granted leave to the tenant to contest the petition on the following ground:whether the petitioner is a specified landlord as defined in section 2(hh) of the east punjab urban rent restriction (amendment) act, 1985. 4. the petitioner-landlord examined himself and he also filed a certificate issued to him by regional settlement commissioner who was his appointing authority. this ..... the order of eviction of the tenant-appellant from the house in question.2. the landlord, kartar singh filed an application in the court of rent controller, kapurthala under section 13-a of the east punjab urban rent restriction (amendment) act, 1985, stating inter alia that dr. d.m.malhotra is a tenant in respect of his house no. 694-ba within kapurthala municipality; .....

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Sep 30 2005 (SC)

Rakesh Vij Vs. Dr. Raminder Pal Singh Sethi and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3593; (SCSuppl)2006(1)CHN37; JT2005(12)SC1; (2005)141PLR676; 2005(8)SCALE11

..... case, are being reproduced below:'2. amendment of section 13 of east punjab act iii of 1949. - in clause (a) of sub section (3) of section 13 of the east punjab urban rent restriction act, 1949, hereinafter referred ..... , as the case may be and(c) he has not vacated such a building or rented land without sufficient cause after the commencement of this act, in the urban area concerned.'the aforesaid 1949 act was amended by the east punjab urban rent restriction (amendment) act, 1956 (for short 'amendment act, 1956'), which was published in gazette on 24.9.1956 and the provisions thereof, which are relevant for the decision of the present ..... to as the principal act .....

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Apr 30 2007 (HC)

Ramvilas Bajaj Vs. Ashok Kumar and anr.

Court : Andhra Pradesh

Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)

..... section or in pursuance of an order made under section 13 of the punjab urban rent restriction act 1947. this section and section 10(1) of the a.p. act are similar in effect notwithstanding a slight variation in the language. before the written statement was filed by the tenant, east punjab urban rent restriction act 1949 was amended by amending act 29 of 1956 on 24-9-1956. section 13(3)(a)(iii) ..... on the statute book till 12-7-1958. on that date act xvi of 1953 was passed. section 67 of that act repealed the u.p. agriculturists relief act. while repealing the act it was not stated whether the repeal was to operate retrospectively or not but by section 1(2) the amending act itself was deemed to have come into force from the first day ..... any investigation or legal proceedings commenced before the repealing act came into force are saved unless a different intention appears in the amending act. it is apt to extract the relevant portion of the judgment herein below:the question is whether a different intention appears in either the abolition act or the amending act xvi of 1953, for otherwise the old proceeding could continue before ..... the munsif. there is nothing in the abolition act which takes away the right of suit in respect of a pending action. if there be any doubt, it .....

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Jan 12 1993 (SC)

Gulraj Singh Grewal Vs. Dr Harbans Singh and anr.

Court : Supreme Court of India

Reported in : AIR1993SC1574; JT1993(1)SC146; (1993)103PLR410; 1993(1)SCALE109; (1993)2SCC68; [1993]1SCR149

..... order of discharge or dismissal made against him by the landlord.14. thereafter, the east punjab urban rent restriction (amendment) act, 1966 (punjab act no. 8 of 1966) further amended section 13 of the principal act as under: -2. amendment of section 13 of punjab act 3 of 1949, - in section 13 of the east punjab urban rent restriction act, 1949, -(1) in sub-section (3), -(a) after sub-paragraph (i ..... extend to one thousand rupees.12. the east punjab urban rent restriction (amendment) act, 1956 (punjab act no. 20 of 1958) amended section 13 in the following manner: -2. amendment of section 13 of east punjab act iii of 1949. - in clause (a) of sub-section (3) of section 13 of the east punjab urban rent restriction act, 1949, hereinafter referred to as the principal act -(i)(a) in sub-clause (i ..... , or, if possession 'shall be substituted.15. then the east punjab urban rent restriction (amendment) act, 1985 (punjab act no. 2 5 of 1985) further amended section 13 and inserted new section 13a in the principal act as under: -'amendment of section 13 of punjab act 3 of 1949,3. in the principal act, in section 13, after sub-section (4), the following sub ..... to make an application under this section to the controller, -(a) in the case of death of such specified landlord, before the commencement of the east punjab urban rent restriction (amendment) act, 1985 within one year of such commencement; (b) in the case of death of such specified landlord, after such commencement, but before the date .....

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May 25 1988 (HC)

Ramesh Birch and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Reported in : AIR1988P& H281

..... extended to the union territory of chandigarh the east punjab urban rent restriction (amendment) act. 1983, (punjab act 2 of 1985) as in force in the state of punjab at the date of the notification subject to the modifications mentioned in the said notification. this amendment act 2 of 1985, which was extended to the union territory of chandigarh incorporated section 13-a in the east punjab urban rent restriction act 3 of 1949, which conferred certain special ..... parliament known as the east punjab urban rent restriction (chandigarh amendment) act, 1982(42 of 1982). by this amendment, in the short title to the act. the word 'east' is omitted and, therefore, the short title of the act now is punjab urban rent restriction act. 1949. this act was enforced in the union territory of chandigarh with effect from nov. 4, 1972. the legislature of the state of punjab enacted punjab act 2 of 1985 and amended punjab act 3 of 1949 ..... such enactments as were in existence on the date (1-11-1966) on which the act was enforced. both the east punjab urban rent restriction act (punjab act 2 of 1985) and the indian stamp (punjab amendment) act, 1981, were enacted much after november 1, 1966. as none of these two acts were in force in the territory of punjab on the relevant date, the central government had no jurisdiction to. in exercise of .....

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