Court : Supreme Court of India
Decided on : Dec-19-1985
Reported in : AIR1986SC1370; 59CompCas548(SC); (1986)1CompLJ91(SC); 1986(8)ECC189; 1985(2)SCALE1289; (1986)1SCC264; Supp3SCR909
..... already mentioned by us during the course of the narration of events, the reserve bank pursued its enquiry by seeking information from the punjab national bank, who was an authorised dealer appointed under the provisions of the foreign exchange regulation act and who, therefore, could be expected to supply the reserve bank with full and accurate information. at that stage, there was nothing ..... bank and the information supplied by that bank as the bank held a statutory position under the foreign exchange regulation act. it may be that the punjab national bank did not act with that degree of competence and diligence as should be expected from it, but at that stage, there was nothing to provoke any suspicion in the mind of the reserve ..... three months from today.114. we also direct the reserve bank of india to enquire into the conduct of punjab national bank and take such action as may be necessary including cancellation of the authorisation granted under section 6 of the foreign exchange regulation act. in regard to costs, the union of india, the reserve bank of india and the life insurance corporation ..... it. we consider this a serious matter which requires further probe by the reserve bank. we find that the entire conduct of the punjab national bank in this affair has been most irresponsible. they had been appointed as authorised dealers under the foreign exchange regulation act and by virtue of such appointment great confidence had been reposed in them for the purpose of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-15-1985
Reported in : AIR1986P& H167
..... in the zonal plan as a public space though it was near the residential house of the petitioner therein was not considered to be violative of the capital of punjab (development and regulation)act, 1952 and the rules made thereunder. since the place of worship comes within the definition of 'public building' as contained in rule 3 (xxxx) and according to the zonal plan ..... , and balance 6 acres for the church; and the price charged accordingly.'it may be noted that the director housing and urban development of urban estates under the punjab urban estates (development and regulation) act, 1964. he is also the chief town planner who according to rule 13 of the rules have the power to decide the user of a site, were present ..... are the holders/owners of the residential plots in residential phase vii of sahibzada ajit singh nagar (s.a.a. nagar) (mohali),district ropar, set up under the punjab urban estates (development and regulation)act, 1964.the petitioners claim that they were attracted by the lay out plan of phase vii which was prepared by respondent no. 4 under rule3(xxxi)of the ..... support from a judgment of this court in maya devi chandigarh administration, 1973 pun lj 691:(air1974 punj 100), wherein it was held as under:--'under the punjab capital (development and regulation) building rules, 1952,the restrictions in the zoning plan and the schedule of clauses appended thereto are to be complied with. it has not been stated in the rules that the .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jan-28-1985
Reported in : (1985)14ITD131(Delhi)
..... . though we may seek guidance from the above decision, we have mainly to depend on the provisions of the urban land (ceiling and regulation) act as it was another law which was being considered in that case. we have already referred to the provision under which the competent authority ..... individually. only in case where the property belongs to the individual partner, the question of considering of that under the urban land (ceiling and regulation) act would arise. this aspect of the matter requires further verification.we may, however, state that in case that piece of 111 sq. metres is ..... whether any portion of the land belonging to the deceased could be considered to be excess under the provisions of the urban land (ceiling and regulation) act. from the application of shri radha kishan, it appears that he has mentioned the following pieces of vacant land owned by shri radha kishan ..... and provisions for appeals, etc. section 20 confers a right on the state government to exempt certain lands from the urban land (ceiling and regulation) act. while exempting such land the government may put certain conditions. such exemptions can be granted in the case of public interest or cases of hardship ..... the ceiling limit. the appellate controller considered this plea and having regard to the restriction on transfer of plots placed by the urban land (ceiling and regulation) act, the appellate controller reduced the value from rs. 350 per sq. yard to rs. 300 per sq. yard. in this connection, he pointed .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-17-1985
Reported in : AIR1985P& H257
..... seeks to remedy the infirmities found by the high court. it also proposes to make some incidental changes to the punjab village common lands (regulations) act, 1961, to make some of its provisions more explicit so as to ensure more effective implementation'.this amendment was apparently brought about with ..... by the said court in view of the provisions of s. 13 of the punjab village common lands (regulation) act, 1961 (for short, the act) as in force on the date of filing of the suit and as now substituted by haryana act no. 2 of 1981 with effect from feb. 12, 1981. the earlier section ..... collusion with the representative of the gram panchayats. to combat this evil certain amendments were made to the punjab village common lands (regulation) act, 1961, in 1974. however, when tested in the high court of punjab and haryana, certain of these provisions were struck down,--vide judgment of the court. the present bill ..... court in samarth transport co. v. regional transport authority, air 1961 sc 93 in the context of s. 68-f of the motor vehicles act, 1939 wherein it is laid down that the regional transport authority may by order 'refuse to entertain' any application for the renewal of any other ..... to the fate of this case as the learned counsel for the parties are agreed that the bar of jurisdiction brought in by the haryana amending act no. 2 of 1981 applies to pending appeals even. the newly substituted section reads as follows:- '13. bar of jurisdiction--no civil court shall .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Chandigarh
Decided on : May-23-1985
Reported in : (1986)15ITD42(Chd.)
..... restrictions and restraints as per rule 14 of the chandigarh (sale of sites and buildings) rules, framed under section 22 of the capital of punjab (development and regulation) act, came in the assessee's way because no fragmentation of any site or building could be permitted. all these restrictions and restraints were equally ..... difficulty for them because in that manner, by violating the rules on the subject, they would have committed an offence under the capital of punjab (development and regulation) act. 3. property no. 2 is a plot of land at patiala, in which the huf has only one-eighth share. half the share ..... . by virtue of rule 14 of the chandigarh (sale of sites and buildings) rules, 1960, framed under section 22 of the capital of punjab (development and regulation) act, no fragmentation of any site or building can be permitted. even if all the members of the huf had agreed to partition the house by ..... shall be computed according to the portion of the joint family property allotted to him or it at such partial partition and the provisions of this act shall apply accordingly. explanation: in this section,-- (i) where the property admits of a physical division, a physical division of the property, ..... before such partial partition and the family shall be jointly and severally liable for any tax, penalty, interest, fine or other sum payable under this act by the family in respect of any period, whether before or after such partial partition ; (d) the several liability of any member or .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-18-1985
Reported in : ILR1986KAR1624
..... c. 16043 governs the present situation. accordingly, ft is held that the limitation for the purpose of filing the revision under section 64a of the act commences from the elate of the order or resolution and not from the date of the knowledge of course if such an order or resolution is to ..... v. the mysore state transport appellate tribunal and ors., air 1972 mysore 6 has held that the limitation for the purpose of section 64a of the act commences to run from the date of the order and not from the date of knowledge. however, sri viswanath, learned counsel for the petitioner has placed ..... specifically considered this question. the question that arose in that case was that whether the words 'data of the order' occurring in section 64a of the act should not be read 'as from the date of knowledge of the order'. it has been held that the limitation commences from the date of the order ..... -85.2. by the aforesaid resolution, the r. t. a. has made a determination under section 47 (3) of the motor vehicles act (hereinafter referred to as the act). it has held that it is stashed that there exists a permanent need to introduce additional bus service on the route state bank to morgansgate ..... reliance on another decision of the supreme court reported in state of punjab v. mst. qaisar jehan begum and anr., : 1scr971 . that case arose out of the proceeding under the land acquisition act, wherein the supreme court was called upon to consider whether the date of the award for .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-28-1985
Reported in : (1985)87BOMLR352; 1985MhLJ699
..... also the heads of the school within the said expression as defined by section 2(9) of the maharashtra employees of private schools (conditions of service) regulation act, 1977. further promotion to the post of head of the institution could be from the category of assistant head master or supervisor. if there is ..... : 1scr930 , state of kerala v. n.m. thomas : (1976)illj376sc , , air india v. nergesh meerza (supra), shamsher singh hukam singh v. the punjab state and walter alfred baid v. union of india a.i.r.  di. 302 ultimately came to the following conclusion:bearing in mind these principles and precedents let ..... for appointment of assistant head and supervisor. supervisor is not included in the definition of 'head of a school' in section 2(9) of the act. it is not obligatory that assistant head or supervisor should be appointed in all the schools, irrespective of number of classes. they are expected to assist ..... , 8, 10 and 12 of the rules. the expression 'head of the school' is not defined in the rules, the definition given in the act will have to be read in its context. in the rules distinct and separate provisions are made in this behalf. rule 3 deals with the qualifications and ..... of head of the school only. further the duties and responsibilities of these posts are also not same.6. though section 2(9) of the act which defines the expression 'head of a school' includes in its import the assistant head master or the assistant head mistress or superintendent, if the various .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-26-1985
Reported in : AIR1986P& H185
..... could not be used for non-residential purposes as the same is prohibited by the provisions of the capital of punjab (development and regulation) act, 1952 as well as by s. 11 of the act. in the replication filed on behalf of the landlords, with respect to their bona fide requirement of the demised ..... also pleaded that the landlords had not vacated much less without sufficient cause any residential building after the commencement of the east punjab urban rent restriction act, (hereinafter called the act), nor they were in occupation of any other residential building in the urban area concerned. according to them, they were jointly ..... the landlords are not in occupation of any other building sufficient to meet their requirement, then, under s. 13(3)(a)(i) of the act, their requirement is bona fide to occupy the demised premises for their own use and occupation.11. during the pendency of this revision petition, petitioners ..... another residential building in the urban area concerned and he has not vacated such a building without sufficient cause after the commencement of the act in the said urban are concerned, then prima facie, his bona fides are proved unless certain other circumstances are brought on the record to ..... the circumstances of this case, it could not be successfully argued that it amounted to change of user. section 13(ii)(b) of the act postulates that if the tenant, without the written consent of the landlord, used the building for a purpose other than the one for which it .....Tag this Judgment!
Court : Chennai
Decided on : Mar-20-1985
Reported in : (1987)1MLJ204
..... ) to (f). but clause (g) states:such other matters as may appear necessary to give effect to the purposes of this act.the act is made to provide for the regulation of chit funds in the state of tamil nadu. section 16(2) refers to what a balance-sheet should contain. rule 26 ..... the benefits under the impugned levy therefore, the demand is illegal.12. learned additional government pleader would refer to para 6 of the judgment in liberty cinema case : 2scr477 , wherein it is stated that corporation of calcutta itself contended that the levy was only a tax and not a fee ..... indicated that if 60% of the amount is spent on the specific purposes, it should be a satisfactory proof. in kewal krishan puri v. state of punjab : 3scr1217 , one of the seven tests is that at least a good and substantial portion of the amount collected which may be in the neighbourhood ..... quo regarding registration fee and it can be any rate as state may choose to fix. as for the nature of services extended, as held in keval krisha puri v. punjab : 3scr1217 , southern pharmaceuticals & chemicals v. state of kerala : 1scr519 : (1981) t.l.r. 2838 and sreenivasa general traders v. state of ..... regulatory measure, and hence, the extent of services at the stage of registration whether existing or not, cannot be high - lighted.26. in kewal krishan puri v. punjab : 3scr1217 , on referring to the chief commissioner, delhi v. the delhi cloth and general mills co. ltd. : 3scr657 , it is stated as .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-03-1985
Reported in : 1985(Supp)SCC476; Supp1SCR145
..... . kacker.sabyasachi mukharji, j.102. some writ petitions out of a large number of petitions, nearly 4298 in number arising out of the karnataka agricultural produce marketing (regulation) act, 1966(hereinafter referred to as the 'act') were taken up by the high court of karnataka for hearing and disposed of by one common judgment as one or more of the contentions in those ..... this judgment later.169. the high court came to the following conclusions:(a) that the provisions of section 65(1) of the karnataka agricultural produce marketing (regulation) act, 1966 and section 42 of the karnataka act 17 of 1980 in so far as and to the extent these sought to validate the levy of market fee on sellers for the period between 19 ..... case (supra) have to be confined to the special facts of that case. kewal krishan puri's case arose out of proceedings taken under the punjab agricultural produce markets act, 1961 which is an act for the better regulation of the purchase, sale, storage and processing of agricultural produce and for the establishment of markets for agricultural produce in that state. the objects of ..... because of declaration under entry 52 of list i in respect of tobacco industry. that would be inconsistent and illogical see also p.d. shamdaswami v. central bank of india. : 1scr391 .241. while it is true that in the spheres very carefully delineated the parliament has supremacy over slate legislatures, supremacy in the the sense that in those fields, parliamentary .....Tag this Judgment!