Gurnam Singh v. Roshan Lal
2009(1) LAW HERALD (P&H) 179
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Kanwaljit Singh Ahluwalia
Civil Revision No.1760 of 2008
Gurnam Singh
v.
Roshan Lal
{Decided on 11/11/2008}
For the Petitioner: Mr. J.S. Verka, Advocate.
For the Respondent: Mr. Sukhbir Singh, Advocate.
(A) Rent Law--Eviction--Personal necessity--Amendment of application--Demised premises was shop--Section 13-A being not applicable to commercial buildings application seeking amendment in petition filed with a prayer that petition be tried under Section 13 of the Act instead of Section 13-A--Application declined--Contention of tenant that since evidence is concluded by allowing amendment it will amount to de-novo trial--Admittedly there was a mistake and error on part of landlord--For correction of mistake landlord can be burdened with cost--Since from very beginning case of landlord was that shop is required for personal necessity to settle his son for establishing his hospital and laboratory and he has led evidence on this score, no prejudice therefore will be caused to tenant--Amendment of petition allowed--Since tenants have suffered, to balance equities cost of Rs.10,000/- awarded in favour of tenant--|East Punjab Urban Rent Restriction Act, 1949, Section 13-A. (Para 7, 10 & 15)
(B) Rent Law--Eviction--Amendment of application--Applicability of code of civil procedure--Technical rules of procedure of Civil Procedure Code are not applicable to the proceedings under Rent Act--Rent controller can device his own procedure for just adjudication of the case--|Civil Procedure Code, Order 6, Rule 17--|East Punjab Urban Rent Restriction Act, 1949, Section 13-A. (Para 11)
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H.U.D.A. v. Raj Singh Rana
2009(1) LAW HERALD (P&H) 182 (SC)
IN THE SUPREME COURT OF INDIA
Before
The Hon’ble Mr. Justice Altamas Kabir
The Hon’ble Mr. Justice Markandey Katju
Civil Appeal No. 4436 of 2008
H.U.D.A.
v.
Raj Singh Rana
{Decided on 16/07/2008}
For the Appellant : Mr. Neeraj Kumar Jain, Mr. Sanjay Singh, Mr. Ugra Shankar Prasad, Mr. Sandeep Chaturevedi and Mr. Umang Shankar, Advocates.
For the Respondent : Mr. Arvind Chaudhary and Mr. Atishi Dipankar Advocates.
IMPORTANT POINT
Interest--Plots allotted on installments--Even though a policy may have been adopted by appellants for imposing a deterrent rate of interest on defaults committed by allottees in payment of their dues, such imposition has to be in keeping with the provisions of Section 3 of Interest Act and not in a unreasonable manner.
(A) Interest Law--Rate of interest--Power of Court to allow interest--Appellant Authority allotted plots on installments with rate of interest @7%--Allotment letter stipulated that if Authority had to pay enhanced compensation then prices of plots will be increased--Nothing stipulated regarding rate of interest on increased amount--Subsequently price enhanced and authority fined compound rate of interest @15%--Held; Authority can vary the rate of interest but cannot charge interest arbitrarily--Direction to authority to charge simple interest on the basis of prevailing current rate of interest--Interest Act, 1978, Section 3--Haryana Urban Development Authority Act, 1997, Section 15. (Para 18)
(B) Interest Law--Rate of interest--Power of Court to allow interest--Court may, if it thinks fit, allow interest to the person entitled to the debt or damages or to the person making such claim, as the case may be, at a rate not exceeding the current rate of interest for whole or part of the period--However, where there is an agreement between parties to payment of interest at a certain stipulated rate, same will have the precedence over provision contained in Section 3(1) of Act--Interest Act, 1978, Section 3. (Para 10 and 11)
(C) Interest Law--Rate of Interest--Appellant authority allotted plots on installments--Even though a policy may have been adopted by appellant for imposing a deterrent rate of interest or defaults committed by allottees in payment of their dues, such imposition has to be in keeping with the provisions of Section 3 of Act and not in a unreasonable manner--Interest Act, 1978, Section 3. (Para 18)
(D) Interest Law--Rate of Interest--Award by Consumer forum--It is duty of consumer forum to consider the circumstances of the case and keep in mind the provision of Section 3 of Interest Act, in awarding the high rate of interest without linking the same to the current rate of interest--Interest Act, 1978, Section 3--Consumer Protection Act, 1986, Section 14. (Para 15)
(E) Civil Procedure--Money decree--Interest--Where and insofar as a decree is for the payment of money, the Court may in the decree order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit, till the date of the decree in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate not exceeding 6 per cent per annum as the court may deem reasonable on such principal sum from the date of the decree till the date of payment or to such earlier date as the court thinks fit--Civil Procedure Code, 1908, Section 34. (Para 12)
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Sukhjit Starch & Chemicals Ltd… v. State of Punjab
2009(1) LAW HERALD (P&H) 188
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Vinod K. Sharma
Civil Writ Petition No. 19714 of 2006 (O&M)
Sukhjit Starch & Chemicals Ltd., Sukhjit Road, Phagwara
v.
State of Punjab
{Decided on 03/09/2008}
For the Petitioner: Mr. S.C. Nagpal, Advocate.
For the Petitioners in Connected Cases: Mr. N.S. Dandiwal, Mr. Vikas Mohan Gupta, Mr. Charan Jit Sharma, Mr. Harsh Aggarwal, Mr. Chander Mohan Sharma, Mr. M.K. Garg, Mr. Rajesh Kumar Girdhar, Mr. Amit Arora for Mr. Pritam Saini, Mr. Tribhawan Singla, Mr. D.D. Bansal, Mr. B.S. Sidhu, Mr. Amit Goel, Mr. R.P. Dhir, Mr. Karan Singh Malik, Mr. Kranti Dhir, Mr. K.S. Dadwal, Mr. Ddheeraj Jain, Mr. Vinod K. Kataria, Mr. Rajesh Gumber and Mr. Ashok Aneja, Advocate.
For the Respondent: Mr. R.L. Gupta, Addl. A.G., Punjab.
Mr. A.P. S. Mann, Advocate
For the Punjab Water Supply & Sewerage Board: Mr. J.S. Sethi, Advocate.
Mr. Harsimran Singh Sethi, Advocate.
Ms. Anju Sharma, Advocate for Mr. Pankaj Bhardwaj, Advocate.
Mr. Deepak Thapar, Advocate.
(A) Municipal Law--Sewerage and water charges--Increase of--Natural justice--Validity of notification dated 2.5.2003 increasing sewerage and water charges to more than sixty time of existing rate challenged--Notification though said to be issued under Section 62-A(2) but same is worked as if issued under Section 62-A(3)--No time stipulated in notification calling upon Municipal Committee to follow procedure as envisaged under Section 62 within stipulated period--Rather tax stands modified/enhanced straightway and ordered to be implemented with immediate effect--Notification not in consonance with provisions of Section 61-A(2)--In absence of refusal by municipal committee to act in pursuance to order there is no jurisdiction with State Government to straightway issue notification under Section 62-A(2)--Notification thus, being violative of provisions of Section 62 and 62-A cannot sustained--Consequently bills raised by Municipal Committee enhanced sewerage charges/water charges quashed--|Punjab Municipal Act, 1911, Sections 61, 62 and 62-A--General Clauses Act, 1898, Section 19. (Para 18)
(B) Municipal Law--Sewerage charges/water charges--Modification of--Power is given to State Government to require a committee to modify rate of any tax already imposed and committee shall thereafter modify tax as required within such period as State Government may direct--Committee is required to undertake exercise within period stipulated by State Government--It is only on the failure of the Committee to act as per the directions of the Government that power is given to the State Government to issue suitable order duly notified in the official gazette and the notification so issued is to operate as if it were resolution duly passed by the Committee and as if the proposal were sanctioned in accordance with law i.e. procedure contained in Section 62 of the Act--|Punjab Municipal Act, 1911, Sections 61, 62 and 62-A. (Para 17)
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