Skip to content


Judgment Search Results Home > Cases Phrase: the punjab requisitioning and acquisition of immovable prorerty act 1953 Page 1 of about 664 results (0.075 seconds)

Aug 10 1972 (HC)

The Amritsar Central Co-operative Store Ltd. Vs. Ram Kishan Mehra and ...

Court : Punjab and Haryana

Reported in : AIR1973P& H342

..... reply was received to this application by the owners of the building because the district magistrate took proceedings for requisitioning the said property under the provisions of punjab requisition and acquisition of immovable property act, 1953 (hereinafter referred to as the punjab act). on july 13, 1966, a notice was issued by the district magistrate amritsar, being the competent authority ..... n. bhatia, advocate, on behalf of the petitioners. this application was under the defence of india act, 1962, and did not relate to the compensation which had to be fixed under the punjab (requisitioning and acquisition of immovable property) act, 1953. it is also correct that in august 1969, the answering respondent was anxious to fix the compensation ..... under the punjab act, to the owners of the building stating that he was of the opinion 'that the property described ..... is delivered.'in exercise of the powers conferred by section 38 of the defence of india act, the central government framed rules, called the defence of india (requisitioning and acquisition of immovable property) rules, 1962. the relevant rules are rules 7 (release from requisition). 8 (compensation). 9 (application for arbitration). 10 (appointment of arbitrator). 13 (the .....

Tag this Judgment!

Dec 09 1970 (HC)

Avtar Singh Rangwala Vs. Commissioner of Income-tax-cum-wealth-tax

Court : Punjab and Haryana

Reported in : [1972]84ITR96(P& H)

..... called 'the act'), whenever the land is to be released from requisition, it has to be restored to the owner in as good a condition as it was in when possession thereof was taken subject ..... put before its requisition in 1946 without any appreciable expenditure in labour or money. it will require ploughing, tilling and manuring in the ordinary way and, therefore, one of the factors taken into consideration by the learned judges of the mysore high court is completely lacking in the instant case. moreover, under section 6 of the punjab requisitioning and acquisition of immovable property act, 1962 (hereinafter ..... the assessee is rs. 78-12-0 per mouth, that is, rs. 945 per year. it is not disputed that the land was agricultural land till 1946 when the punjab government requisitioned it. what is stated on behalf of the revenue is that the land is not being used as agricultural land but as a parade ground by the police authorities so ..... the use of canal water. the assessee thus claims that the land continues to retain its agricultural character which it bore in 1946 before it was requisitioned by the punjab government. it is submitted that the compulsory requisition of the land and putting it to any use by the government does not change the nature and character of the land' which continues to .....

Tag this Judgment!

Dec 15 1966 (HC)

Ude Bhan and ors. Vs. Kapoor Chand and ors.

Court : Punjab and Haryana

Reported in : AIR1967P& H53

..... , maintained that the judgment-debtors were being deprived of the use of a part of their residential house on account of that part having been requisitioned by government under the provisions of section 3 of the punjab requisitioning and acquisition of immovable property act, 1953 (act no. 11 of 1953). the portion in requisition was actually an integral part of the judgment-debtors' main residential house and the order of ..... concerned, it was pointed out by the learned counsel for the decree-holders that requisitioning authority while acting under section 3 of the punjab requisitioning and acquisition of immovable property act, 1953, cannot under clause (a) of the proviso to this section requisition any property, which is bona fide used by the owner thereof as the residence of him self or his family. but, of course, there may be ..... requisition, which is in its nature temporary, could not deprive the judgment-debtors of the exemption under clause (ccc). this would be contrary, according to mr. jain .....

Tag this Judgment!

Nov 30 1990 (TRI)

inspecting Assistant Vs. Mahalakshmi Sugar Mills Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1991)36ITD514(Delhi)

..... assessment year.21. we have considered the submissions made on behalf of the parties.as has already been stated above, the arbitrator was appointed by the punjab government under section 8 of the punjab requisitioning and acquisition of immovable property act, 1953, for the purpose of making an award, determining the amount of compensation payable and for specifying person or persons to whom the same is payable ..... payable under the said act and for specifying person or persons to whom the same was payable in relation to ..... properties were released.3. as the assessee, the owner of the requisitioned properties and the punjab government could not come to any agreement, as to the amount of compensation payable, the district judge, kapurthala was appointed by the punjab government as an arbitrator under section 8 of the punjab requisitioning and acquisition of immovable property act, 1953, for the purpose of making an award determining the amount of compensation .....

Tag this Judgment!

Oct 26 2010 (SC)

Dilawar Singh and ors. Etc. Vs. Union of India and ors.

Court : Supreme Court of India

..... union of india v. hari krishan khosla 1993 (supp) 2 scc 149. this court pointed out that any comparison between acquisition made under the requisitioning and acquisition of immovable property act, 1952 with that made under the land acquisition act would be odious in view of the dissimilarities between the two enactments. that decision was followed in subsequent pronouncements of this ..... and underlying different survey numbers was acquired for defence purposes under the provisions of requisitioning and acquisition of immovable property act, 1952. failure of the parties to arrive at an agreement as to the amount of compensation payable to the ..... in these appeals that arise out of orders passed by the high court of punjab & haryana at chandigarh. these are 1) whether award of solatium and interest is permissible even in cases where acquisition of land is made under requisitioning and acquisition of immovable property act 1952; and2) whether the land owners were entitled to enhancement of compensation beyond rs ..... .200/- per marla determined by the learned single judge. the questions arise in the following backdrop. a large extent of land situate in the outskirts of pathankot in the state of punjab .....

Tag this Judgment!

Feb 28 1996 (HC)

Charan Singh Vs. Municipal Committee, Rania and Others

Court : Punjab and Haryana

Reported in : AIR1996P& H207; (1996)113PLR707

..... more beneficial enjoyment thereof;' '(e) 'public premises' means premises belonging to, or taken on lease or requisitioned by, or on behalf of, the state government or requisitioned by the competent authority under the punjab requisitioning and acquisition of immovable property act, 1953, and includes any premises belonging to any local authority or district soldiers, sailors and airmen's board ..... or any university established by law or any corporation or board owned or controlled by the state government.' section 3 of the said act defines ..... who would be treated in unauthorised occupation of the public premises. section 3 of the 1972 act ..... merit, in view of clause (g) of section 111 of the transfer of property act, which lays down how a lease of immovable property can be determined. as per clause (g) of section 111 a lease of immovable property would stand determined by forfeiture when a lessee renounces his character as such by setting .....

Tag this Judgment!

May 02 2014 (HC)

Gram Panchayat Kalinjar Tehsil Nuh, District Mewat Vs. Commissioner Gu ...

Court : Punjab and Haryana

..... beneficial enjoyment thereof; xx xx xx (e) public premises means any premises belonging to, or taken on lease or requisitioned by, or on behalf of, the state government, or requisitioned by the competent authority under the punjab requisitioning and acquistion of immovable property act, 1953, and includes any premises belonging to any local authority or district soldier, sailors and airmen s board or any ..... is based upon misappreciation and misreading of the evidence and facts?. (iii) whether appellant has complied the provisions of section 5(1)(a) and section 5 (2) of punjab tenancy act, 1952?. (iv) whether the learned lower appellate court is justifiable by reversing the judgment by holding that the property under the ownership of jumla malkan vests with the ..... 2012 plr569 wherein it has been held that the civil court alone would have the jurisdiction to determine the dispute envisaged in section 77 of the punjab tenancy act, 1887 (for short the tenancy act ).such suit was contested by the gram panchayat. the jurisdiction of the civil court was denied. it was pleaded that in earlier proceedings before the ..... mustarka malkan. such land has been managed by the gram panchayat. it is averred that the petitioner earlier initiated proceedings under section 7 of the punjab village common lands (regulation) act, 1961 (for short the act ).but such application was dismissed with the observation that if the gram panchayat intends to evict the respondent from the land in dispute, then .....

Tag this Judgment!

Feb 06 2013 (HC)

Union of India Vs. Gurtej Singh and Another

Court : Punjab and Haryana

..... ors.(2010) 14 scc 35.wherein the following specific issue was raised:- whether award of solatium and interest is permissible even in cases where acquisition of land is made under requisitioning and acquisition of immovable property act, 1952. the apex court, then while taking into consideration various judgments, including the judgment delivered in hari kishan khosla's case (supra) ..... the respondent is not entitled to the interest and solatium as provided under section 23 (a) and 28 of the land acquisition act in the absence of any such provisions of requisitioning the acquisition of immovable property act, 1952. in order to support this arguments, he has placed reliance on the judgment delivered by the apex court in case ..... while interest is payable, it is not awarded from the date of requisition (taking over of possession) but only from the date of acquisition. this principle has been recognised and applied by the courts consistently. . 7. it is noteworthy that the high court of punjab and haryana has in union of india v. inder singh and ..... anr. in lpa no.1918 of 1989 and connected matters upheld grant of solatium and interest in regard to a similar acquisition made in terms of a notification issued in january 1970. while ..... in the high court of punjab & haryana at chandigarh f.a.o.no.483 of 2013 (o&m) date of decision: february 06, 2013 union of india .appellant versus .....

Tag this Judgment!

Sep 20 1995 (SC)

Union of India and Others Vs. Ajaib Singh and Others

Court : Supreme Court of India

Reported in : AIR1996SC270a; [1995]Supp3SCR831

..... and the appellants and the compensation was actually paid to the respondents and the respondents duly accepted the compensation without any protest. under rule 9 of the requisitioning and acquisition of immovable property rules, 1953, the competent authority can pay compensation only after entering into an agreement in form-k. mr. goswami has contended that in the instant case, compensation was ..... from the date of possession of the property.3. land measuring 26.08321 acres in village daulatpur, tehsil pathankot, district gurdaspur was acquired under the requisitioning and acquisition of immovable property act, 1952 by the special land acquisition collector by a notification issued on 30th october, 1969. the competent authority awarded compensation for the acquired land @ rs. 60 per maria. after ..... .1969 and 15% per annum for the subsequent years till the amounts were realised.6. aggrieved by this award, the government preferred appeals to the high court of punjab and haryana. the appeals were dismissed by a single judge of the high court on 30th july, 1987. further appeals were filed before the division bench of the high ..... instant case.8. the contention on behalf of the appellant will have to be upheld in the facts of this case. unlike the land acquisition act, there is no provision in the requisitioning and acquisition of immovable property act for payment of solatium and interest. solatium and interest have been awarded in the interest of justice in certain cases. but in the absence .....

Tag this Judgment!

Feb 15 1984 (HC)

Om Prakash Vs. Commissioner of Income-tax, New Delhi

Court : Delhi

Reported in : [1984]148ITR181(Delhi)

..... otherwise interest can be paid under the relevant provisions of the defense of india act and the requisitioning and acquisition of immovable property act of 1952. reference was made to satinder singh v. umrao singh, : [1961]3scr676 , which was the case of cis sutlej jagris being acquired under the punjab requisitioning and acquisition of immovable property act, 1953. there also, when the land of the jagirdar was acquired, no interest was ..... paid but the supreme court, reversing the judgment of the punjab and haryana high court, held that the interest was nevertheless payable. the supreme court indicated that the ..... that the interest was payable either under s. 28 or s. 34 of the land acquisition act. indeed, it could not have been said so, because the punjab requisitioning and acquisition of immovable property act was a punjab act similar to the requisition and acquisition of immovable property act of 1952, passed by parliament. neither of these two acts contains a provisions relating to interest similar to ss. 28 and 34 of the land .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //