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Jul 18 2014 (HC)

Present: Mr.Ajay JaIn Advocate Vs.

Court : Punjab and Haryana

.....this construction of the plaintiff, which indeed covered old abadi (disputed area).meaning thereby plaintiff was in possession of the disputed area. fact, that the plaintiff was owner in possession of the disputed area was further corroborated by the deposition of attar singh dw2. it was concluded that once the demarcation report showed that tin shed raised on killa no.25/26 stretches over the abadi area, then half of the things which the defendants claim to have placed on the disputed area i.e.kuri, bitora,fuel wood etc.automatically fell in killa no.25//26.thus, the learned trial court observed that this completely dents the case of the plaintiff viz-a-viz his claims for possession over disputed portion. resultantly, the suit filed by the plaintiff was decreed by the trial court vide judgement and decree dated 11.03.2008 and consequently the defendants were restrained permanently from interfering in killa no.26 of rectangle no.25 and in the adjacent area towards west direction till rasta, i.e.in the old abadi area, which was observed to be under the ownership and possession of plaintiff. being dis-satisfied with the said decree, defendants verma neenu 2014.07.22 17:11 i attest.....

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Jul 18 2014 (HC)

Dr. Vinod Kumar Sharma Vs. State of Raj. and ors

Court : Rajasthan Jodhpur

.....body in the said uttari rajasthan sahakari dugdh utpadak sangh limited, bikaner governed by the provisions of the rajasthan cooperative societies act, 2001 and, therefore, even if s.b. civil writ petition no.11128/2009 smt. vijya shrimali vs. state of rajasthan & ors. along-with connected writ petitions order dt:18. 07/2014 4/4 the bye laws delineating the power of establishment committee including its jurisdiction on the issues relating to appointment, posting, retirement and other service conditions of its employees, the same does not lay down a water tight and straightjacket jurisdiction for the establishment committee so as to exclude the jurisdiction of board of directors of the said respondent uttari rajasthan sahakari dugdh utpadak sangh limited, bikaner to take such decision. the said contention is also liable to fail & is accordingly hereby rejected.16. thus, on the both counts, this court is satisfied that the decision taken by the respondent uttari rajasthan sahakari dugdh utpadak sangh limited, bikaner to keep the retirement age at 58 years is reasonable and justified and does not call for any interference by this court, much less calling for any mandamus direction.....

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Jul 18 2014 (HC)

Present: Mr. Vikas Chatrath Advocate Vs. Secretary Labour and Employme ...

Court : Punjab and Haryana

.....counsel admits that review application could not have been entertained in ra no.423 of 2011 when the judgment which i have reviewed had merged with an order passed passed in lpa. the order passed on 17.05.2013 is on the face of it without jurisdiction and i allow the review application in ra no.334 of 2013 and recall the order passed on 17.05.2013. the order passed by the division bench in the lpa shall be taken as finally concluding the rights of parties. 2. needless to state that the petitioner will have a right to challenge the order passed by the division bench before an appropriate forum and it could not have been a subject to review before this court. kumar sanjeev 2014.07.23 11:40 i attest to the accuracy and integrity of this document cm no.12898 of 2013 in/and review application no.334 of 2013 in review application no.423 of 2011 in civil writ petition no.8858 of 2007 -3- 3. the amount of `25,000/- directed to be deposited as security for costs shall be permitted to be withdrawn by the applicant. 4. review application is allowed on the above terms.(k.kannan) judge1807.2014 sanjeev kumar sanjeev 2014.07.23 11:40 i attest to the accuracy and integrity of this document

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Jul 18 2014 (HC)

Present: Mr.M.S.Dhami Advocate Vs. State of Punjab and Another

Court : Punjab and Haryana

.....the present case falls in the category of cases, which can be allowed to be settled by way of compromise, in view of the decision of hon'ble the supreme court of india in gian singh v. state of punjab and another, 2012(4) r.c.r.(criminal) 543. in view of what has been discussed hereinabove, the petitions are allowed and fir no.188 dated 23.11.2012 for offence under sections 323, 379, 148, 149 ipc registered at police station sohana, sas nagar, district sas nagar as well as cross case registered vide ddr no.36 dated 22.11.2012 under sections 323, 379, 148, 149 ipc in the said fir and proceedings emanating therefrom are ordered to be quashed, qua the petitioners.(rekha mittal) judge july 18, 2014. davinder kumar davinder kumar 2014.07.23 14:26 i attest to the accuracy and integrity of this document

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Jul 18 2014 (HC)

Thomas George Vs. Sasikumar

Court : Kerala

.....1557 of 2014 --------------------- dated this the 18th day of july, 2014 judgment both sides are dissatisfied with the report and plan of the advocate commissioner filed in the suit. there is also no objection in directing the advocate commissioner to measure the property on the basis of the purchase certificate issued by the land tribunal. therefore exts.p11 and p13 orders impugned in o.p.(c) no.1557/2014 are set aside. this disposes of o.p.(c) no.1269/2014 filed challenging ext.p11 order aforesaid.2. consequently, i.a.nos.879/2012, 1279/2013, 153/2014 and 154/2014 in o.s.no.68/2009 stand allowed. the court of the munsiff of peermade shall direct the advocate commissioner to file a revised report soon. both the parties are at liberty to file work memo to the advocate commissioner independently. the advocate commissioner shall also avail the services of a taluk surveyor if necessary. the original petitions are disposed of. sd/- v.chitambaresh, judge. nj.

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Jul 18 2014 (HC)

M/S.Fairlead Logistics and Traders (P) Ltd Vs. the State of Kerala

Court : Kerala

.....activities carried out by the petitioners are causing environmental problems.4. after having heard learned counsel for the parties, we are of the view that the petitioners, having necessary building permit for carrying out construction activities, are entitled to be protected by the police authority. in case, respondent no.5 has any grievance regarding environmental degradation or any other grievance, it is for him to move the competent authority for redressal of his grievances. we, however, are of the view that respondents 3 and 4 may ensure that there are no law and order problems and the petitioners are allowed to carry out their construction activities. with these directions, the writ petition is disposed of. ashok bhushan, judge a.m.shaffique, judge jes

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Jul 18 2014 (HC)

Krishan Singh Vs. Punjab State Power Corporation Ltd. and Others

Court : Punjab and Haryana

.....that respondent no.4, being inimical towards the petitioner, had got issued a chargesheet against the petitioner on false allegations. respondent no.4 had also recorded advers.remarks against the petitioner in his annual confidential report for the year 2011-12. in the present case, petitioner had earlier filed cwp no.14663 of 2012 seeking the same relief. the said writ petition was got dismissed as withdrawn vide order dated 23.8.2012. now the petitioner has again filed the present petition seeking a direction that respondent no.4 should not infringe upon his constitutional rights. since earlier petition filed by the petitioner seeking same relief was dismissed as withdrawn without any liberty to file a fresh one on the same cause of action, no ground for interference by this court is made out. dismissed. (sabina) judge july 18, 2014 anita devi anita 2014.07.24 16:21 i am approving this document chandigarh

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Jul 18 2014 (HC)

Fao No.4490 of 2014 (Oandm) Vs. Anand Kumar Tyagi and ors.

Court : Punjab and Haryana

.....its driver was held liable to pay the compensation to the claimant jointly and severally on the ground that the appellant has failed to prove the fact that the offending vehicle i.e.hr-47-j-0786 was validly insured at the time of accident as policy placed on record of the tribunal as ex.r-5 pertained to the period subsequent to the date of accident. while filing these appeals challenging the impugned award, the appellant also moved an application in all these cases purported to be under order 41 rule 27 of the cpc for production of additional evidence to prove the insurance policy which was valid from 7.6.2010 to 6.6.2011. the appellant also placed on record a photocopy of such an insurance policy as annexure a-1 with the appeal. the appeal came up for hearing on 1.7.2014. however, the same was adjourned on a request made on behalf of the appellant for 4.7.2014. the appellant further filed an application i.e.cm no.12917-cii of 2014 in fao no.4489 of 2014 to place on record original copy of the insurance policy (photocopy of which was already placed on record as annexure a-1 with the appeal).para no.2 of the said application reads thus: “that appellant-applicant now with.....

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Jul 18 2014 (HC)

Harjinder Singh Vs. State of Punjab and Another

Court : Punjab and Haryana

.....found amit 2014.07.23 17:41 i attest to the accuracy and integrity of this document civil writ petition no.10024 of 2014 3 with the said action. in fact, in the given fact situation of the present case, respondent-department has no other option, except to revert the petitioner. once the petitioner was fully aware of the condition of passing of type test in punjabi at the prescribed speed, he cannot be permitted to turn around and find fault with the same condition, at this belated stage. promotion of the petitioner was conditional and it was not a substantive promotion. once the petitioner has not fulfilled the condition of passing of the type test, he has no right to continue in the post, particularly when the specific directions have been issued by the hon'ble supreme court. further, petitioner now does not want to appear in the type test. having said that, this court feels no hesitation to conclude that petitioner has no claim either on facts or in law. the impugned order deserves to be upheld. no other argument was raised. considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this court is of the considered view.....

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Jul 18 2014 (HC)

Present: Mr.Deepak Malhotra Advocate Vs. State of Punjab

Court : Punjab and Haryana

.....application filed by the petitioner for reduction of amount of penalty to the tune of rs.4 lacs imposed upon the petitioner has been dismissed. the facts relevant for disposal of the present appeal are that in criminal proceedings initiated against janak raj and sanjay kumar vide fir no.19 dated 24.03.1997 registered in police station mahilpur, district hoshiarpur for offence punishable under section 7 of the essential commodities act, harbans singh filed an application for release of truck no.hne-5717 on sapurdari. in pursuance of the sapurdari order passed by the court, the petitioner furnished sapurdari bond in the sum of rs.4 lacs for release of the aforesaid truck in favour of said harbans singh during pendency of trial against janak raj and another. harbans singh failed to davinder kumar 2014.07.24 11:15 i attest to the accuracy and integrity of this document cra-s-3964-sb-2013 2 produce the truck and as a result, sapurdari order was cancelled and amount of sapurdari bond was forfeited to the state and eventually penalty of rs.4 lacs was imposed upon the petitioner being surety for harbans singh. counsel for the appellant contends that amount of penalty imposed by the.....

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