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Judgment Search Results Home > Cases Phrase: the east punjab urban rent restriction amendment act 1956 Page 1 of about 719 results (0.063 seconds)

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

..... 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 to as the principal act -(i ..... , 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 case, are being .....

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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)

..... after 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 as ..... the principal act-(i)(a) ...(b) ...(ii)(a) in sub-clause (ii) the ..... orderkuldip singh, j.1. the east punjab urban rent restriction act, 1949 (the act)-prior to 1956-permitted a landlord to evict his tenant from a non-residential building on the ground of bona fide requirement for his own use, however, the said right of the landlord was taken away by the east punjab urban rent restriction (amendment) act, 1956 (punjab act 29 of 1956) (the amendment) which came into force on september 24, 1956. before us the constitutional validity of the .....

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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

..... 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), the words ' 'or a scheduled ..... other such building or rented land, as the case may be, and xxx xxx xxx19. penalties. -(1) if any person contravenes any of the provisions of sub-section (2) of section 9, sub-section (1) of section 10, section 11 or section 18, he shall be punishable with fine which may extend to one thousand rupees.12. the east punjab urban rent restriction (amendment) act, 1956 (punjab act no. 20 of ..... came the east punjab urban rent restriction act, 1940 which repealed the 1947 act and replaced it. the same scheme was retained in the 1940 act which is the principal act for our purpose. it is the relevant provisions of this act, as amended from time to time, which are material for deciding the point raised by the appellant.10. the east punjab urban rent restriction act, 1949 (east punjab act no. 111 of 1940) was amended by the amendment acts of 1956, 1957 .....

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May 10 2002 (SC)

Joginder Pal Vs. Naval Kishore Behal

Court : Supreme Court of India

Reported in : AIR2002SC2256; 2002(4)ALD24(SC); JT2002(Suppl1)SC219; (2002)2PLR625; 2002(4)SCALE560; (2002)5SCC397; [2002]3SCR1078

..... the tenant to put the landlord in possession- xxx xxx xxx(ii) in the case of a non-residential building or rented land, if-(a) he requires it for his own use;4. incidentally, it may be mentioned that the east punjab urban rent restriction (amendment) act, 1956, by section 2 thereof deleted the words 'a non-residential building or' from the abovesaid provision. however, this ..... amendment was held ultra vires the constitution in harbilas rai bansal v. state of punjab and anr. - : air1996sc857 , and this court directed that as a consequence of ..... 1. leave granted.2 .an eviction petition filed by the landlord-respondent urging the ground for eviction under section 13(3)(a)(ii) of the east punjab urban rent restriction act, 1949 (hereinafter the act, for short), was dismissed by the rent controller but allowed by the appellate authority. the decree has been maintained in civil revision preferred by the tenant in the high court of ..... . our conclusions are crystallised as under:(i) the words 'for his own use' as occurring in section 13(3)(a)(ii) of the east punjab urban rent restriction act, 1949 must receive a wide, liberal and useful meaning rather than a strict or narrow construction.(ii) the expression -- landlord requires for 'him own use', is .....

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Nov 17 1998 (HC)

State of Haryana Through Chief Secretary Civil Sectt. Vs. Ved Parkash ...

Court : Punjab and Haryana

Reported in : (1999)121PLR482

..... ) 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)......(b ..... not vacated such a building or rented land without sufficient cause after the commencement of this act, in the urban area concerned.'6. by the amending act of 1956, some provisions were amended. the relevant provisions of the amending act which were introduced on september 24, 1956 are quoted below:1. short title :- this act may be called the east punjab urban rent restriction (amendment) act, 1956;2. amendment of section 13 of the east punjab act iii of 1949 - in clause (a .....

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May 01 1997 (HC)

Ved Parkash Gupta Vs. State of Haryana and anr.

Court : Punjab and Haryana

Reported in : (1997)116PLR775

..... as the principal act -(i), (a)..................(b)..................ii) (a ..... vacated such a building or rented land without sufficient cause after the commencement of this act, in the urban area concerned.'this section was amended w.e.f. september 24, 1956 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 ..... matter was concluded in favour of the petitioner by a judgment of the supreme court in harbilas rai bansal v. the sate of punjab, (1996-1)112 p.l.r. 227 wherein a similar provision existing in the east punjab urban rent restriction act, 1949 had been struck down and the hon'ble supreme court had observed that the distinction between non-residential and residential building, with .....

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Sep 02 2011 (SC)

A.P.Dairy Dev.Corp.Federation Vs. B.Narasimha Reddy and ors.

Court : Supreme Court of India

..... . justice s.r. tendolkar & ors., air 1958 sc 538) 9. in harbilas rai bansal v. state of punjab & anr., air 1996 sc 857, this court struck down the provisions of the east punjab urban rent restriction (amendment) act, 1956, on the ground that the amendment had taken away the right of landlord to evict his tenant from non-residential building even on the ground of bonafide ..... requirement holding that such provisions of amendment were violative of article 14 of the constitution and the landlord was entitled to ..... law today and making it retrospective.........the provisions are so intertwined with one another that it is wellnigh impossible to consider any life saving surgery. the whole of the third amendment act must go. 23. in b.s. yadav & ors. v. state of haryana & ors., air 1981 sc 561, constitution bench of this court similarly held that ..... be voluntary and shall be available without any political restriction. the co-operative society under the act would be a democratic organisation as its affairs would be administered by persons elected or appointed in a manner agreed by members and accountable to them. 43. the legislature has a right to amend the act 1995 or repeal the same. even for the sake .....

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Dec 28 1967 (HC)

Sant Ram Vs. Mekh Lal and Co.

Court : Delhi

Reported in : AIR1968Delhi299

..... against any claim by a tenant arising out of any damage to the tenant or his property due to the unsafe condition of the premises. the east punjab urban rent restriction act, was enacted in the context of shortage of urban accommodation, btoh residential and commercial, and it seems, thereforee, reasonable to think that what the legislature intended was that a landlord who wants to rebuild the ..... may be pointed out that by the said amending act, a number of toher changes were also made, including the conferment of right of revision on the high court by adding sub ..... -section (5) to section 15 of the punjab act. 3. at this stage, it would be helpful to state briefly the absolutely essential facts ..... case of any building or rented land, if he requires it to carry out any building work at the instance of the government or local authority or any improvement trust under some improvement or development scheme or if it has become unsafe or unfit for human habitation; * * * * * this clause was inserted by amendment in 1956 (punjab act no. 29 of 1956) section 2(iii). it .....

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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)

..... 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) of the act as it stood on ..... the date of the application filed by the landlord provided that a landlord may apply to the rent controller for an order directing the tenant to put the ..... bar.37. in moti ram's case (supra), proceedings for eviction were instituted not before the civil court but before the rent controller, the designated authority under the east punjab urban rent restriction act, 1949. the question as to whether an amendment to the rent control legislation ousted the jurisdiction of the civil court, to execute a decree of eviction passed prior to the ..... (supra), extracted earlier, it is clear that the supreme court while examining whether the amended provision of section 13(3)(a)(iii) had retrospective effect or not, it excluded from consideration section 13(1) of the east punjab urban rent restriction act, 1949, which was in existence originally in the act and which contained similar bar as in section 10(1) of the present .....

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Apr 16 2008 (SC)

Satyawati Sharma (Dead) by Lrs. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2008SC3148; 2008(3)ALD147(SC); 2008(56)BLJR1811; 148(2008)DLT705(SC); JT2008(5)SC376; 2008(6)SCALE325; (2008)5SCC287; 2008(3)ICC326; 2008(3)Supreme37; 2008AIRSCW3324; 2008AIRSCW3324; 2008(3)ICC326; 2008(3)Supreme37

..... not non-residential premises.5. the full bench also noticed the judgment in harbilas rai bansal v. state of punjab and anr. : air1996sc857 whereby section 13(3)(a) of the east punjab urban rent restriction act, 1949, as amended by punjab act no. 29 of 1956, was struck down but distinguished the same by making the following observations:the objects and reasons of the said ..... act, thus, were considered having regard to the provisions made at the time of commencement of the said act. such a contingency does not arise in ..... termination of the tenancy, except in accordance with the provisions of this section, or in pursuance of an order made under section 13 of the punjab urban rent restriction act, 1949, as subsequently amended.(2)xxx xxx xxx(3)(a) a landlord may apply to the controller for an order directing the tenant to put the landlord in possession-(i ..... shall make an order rejecting the application.(ii) on 15th october, 1942, the punjab urban rent restriction act, 1941 was made applicable to the province of delhi, except the areas to which the new delhi house rent control order was applicable. the definition of the expression 'premises' in the punjab urban rent restriction act made no distinction between 'residential' and non-residential' premises. section 10(1 .....

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