Court : Punjab and Haryana
Reported in : AIR1977P& H76
R.S. Narula, C.J.1. The circumstances in which these two connected cases (Letters Patent Appeal 350 of 1972 and Civil Writ Petition 242 of 1972) have been filed may first be surveyed. The Annual Import Trade Control Policy is announced by the Ministry of Foreign Trade and Supply in the Government of India for each year for the period April to March. Public notice of the annual policy statement is given by publication in the Gazette of India. Public notice is also issued of any changes made in the policy in any regard from time to time. The period to which the Letters Patent Appeal relates is April, 1966 to March, 1967, On August 4, 1966, the Government of India issued public notice relating to 'liberalisation of policy for import of Iron and Steel and Ferro-alloys, by sc-tual users in the small-scale sector for the period April 1966 to March 1967' (An-nexure 'A' to the writ petition). Actual users in the small-scale sector to whom import licences for Iron and Steel and Ferro-alloys had...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H303
1. Major Triloki Nath Bhargava appellant No. 1 was driving his car No. RJL -3436 at about 10-50 A. M. on April 27, 1964, while going from Jullundur to his village Daroli Kalan in that district. His car ran from behind into the bicycle of late Ganesha Singh, a retired Junior Commissioned Officer, aged about 59 years, when the latter was pushing his bike in the kutcha portion on the left side of the road. The car was being driven by the first appellant himself. The car could not stop for several yards after the impact, the deceased was dragged with it. and sustained as many as 18 injuries, including several fractures. The first appellant took Ganesha Singh in his car to the hospital where the latter succumbed to his injuries. Jaswant Kaur respondent No. 1, widow of the deceased, filed a claim for Rs. 30,000/- under Section 110-A of the Motor Vehicles Act (4 of 19391 (hereinafter called the Act) in the Court of the Motor Accident Claims Tribunal. Puniab. Since the car of the first appella...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1976]37STC35(P& H)
Bal Raj Tuli, J.1. This order will dispose of General Sales Tax References Nos. 30, 31 and 32 of 1971. G. S. T. R. No. 30 relates to the assessment year 1964-65, while G. S. T. R. Nos. 31 and 32 relate to the assessment year 1965-66.2. The facts are that the assessee, Messrs. South Punjab Electricity Corporation Ltd. now named as Rohtak Textile Mills Ltd., Rohtak, is a public company registered under the Companies Act, with its registered office at Delhi. It is engaged in the business of manufacture and sale of cotton yarn and has its spinning mills, known as Mohan Spinning Mills, at Rohtak for the manufacture thereof. It is registered under the Punjab General Sales Tax Act as well as the Central Sales Tax Act, 1956, at Rohtak. It maintains sales office and godown at Delhi besides the one at Rohtak: For the assessment year 1964-65, the assessee showed gross turnover of Rs. 76,17,823.15 out of which it claimed deductions amounting to Rs. 52,84,985.61, as transfer of cotton yarn from the...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1976)5CTR(P& H)0138B
Bal Raj Tuli, J. - This order will dispose of General Sales Tax Reference Nos. 30,31 and 32 of 1971. G.S.T.R. No. 30 relates to the assessment year 1964-65, while G.S.T.R. Nos. 31 and 32 relate to the assessment year 1965-66.2. The facts are that the assessee, Messrs South Punjab Electricity Corporation Ltd. now named as Rohtak Textile Mills Ltd., Rohtak, is a public company registered business of manufacture and sale of cotton yarn and has its spinning mills, known as Mohan Spinning Mills, at Rohtak for the manufacture thereof. It is registered under the Punjab General Sales Tax Act as well as the Central Sales Tax Act, 1956, at Rohtak. It maintains sales office and godown at Delhi besides the one at Rohtak. For the assessment year 1964-65, the assessee showed gross turnover of Rs. 76,17,823.15 out of which it claimed deductions amounting to Rs. 52,84,985.61, as transfer of cotton yarn from the factory at Rohtak to its sales office at Delhi.3. The Assessing Authority examined the tran...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H265
Bal Raj Tuli, J. 1. The petitioner. Shri Baldev Rai Guliani. was recruited to the Punjab Civil Service (Judicial Branch) as a result of his success in the competitive examination held in June, 1954. He was appointed as Subordinate Judse IV Class on February 27, 1956 and was conferred powers of Subordinate Judge I Class in 1957. He was confirmed as a member of the Punjab Civil Service (Judicial) with effect from October 26. 1957, vide order dated March 17. 1961. He was allowed to cross the Efficiency Bar with effect from February 27, 1964, vide order dated February 2. 1965.2. The petitioner was posted as Subordinate Judge-cum-Magistrate I Class. Amloh, District Patiala from May 28. 1964 to May 18. 1965, and the Bar Association of that place sent certain complaints against his integrity to the High Court which were entrusted to Shri Gurbachan Singh, District Judge, for a fact-finding enquiry by letter dated may 11, 1965. On the report of Shri Gurbachan Singh the High Court came to the co...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H241
Bal Raj Tuli, J.1. This Bench has been constituted to decide whether the mode of determining compensation prescribed by the amendment in the provisions of Section 23 of the Land Acquisition Act, 1894 (hereinafter referred to as the Acquisition Act), by Section 59 of the Punjab Town Improvement Act (hereinafter referred to as the Improvement Act), results in discrimination where the land of a citizen is acquired for the purposes of the Improvement Act. Another point for consideration is whether the non-provision of a right of appeal against the award of the Tribunal under the Improvement Act amounts to discrimination because under the Acquisition Act right of appeal has been provided against the award of the District Judge to the High Court. Reference to the Full Bench has been made by order dated January 7, 1971, passed by a Division Bench consisting of D. K. Mahajan and Gopal Singh, JJ. Previously, eight of these writ petitions came up for hearing before Suri, J., and he was informed ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P&H377
B.R. Tuli, J.1. Smt. Gulab Kaur filed the suit on May 22, 1956. against Surjit Inder Singh, her grandson, for the recovery of Rs. 1,000/- per mensem, as maintenance allowance, or. in the alternative, for possession of half share of the property of her deceased husband, in forma pauperis. She alleged that her husband. S. Gobinder Singh Sibia, died on December 15, 1954, and at the time of his death, he owned and possessed considerable property, moveable and immovable, in the Districts of Sangrur, Patiala, Ludhiana and Simla. After his death, Surjit Inder Singh. defendant, took possession of his entire moveable and immovable property as his heir. S. Gobinder Singh had two wives, that is, the plaintiff and Smt. Dalip Kaur. The plaintiff was sonless while Smt. Dalip Kaur gave birth to one son, S. Gurbachan Singh, father of the defendant. S. Gurbachan Singh died during the lifetime of his father and. therefore, Surjit Inder Singh was entitled to inherit the property of his grandfather. He to...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H307
ORDER1. Shorn of details, the material facts leading to the institution of this writ petition as well as Civil Writ Petition No. 6156 of 1974 (hereinafter called the second writ petition) are, in brief, as under:2. The petitioner obtained a site measuring 100 feet X 120 feet abutting V-5 road (hereinafter called the road) in sector 17-F on June 19. 1967 on lease for one year at monthly rental of Rupees 599.38, payable in advance by 10th of each month, for a petrol pump from the Chandigarh Administration. It was agreed upon that the structure for running petrol pump-cum-service station would be installed on the site by the petitioner with the prior approval of the Chief Administrator in writing. In accordance with the said term of the lease, the petitioner had constructed petrol pump-cum-service station (hereinafter called the petrol pump) at an expense of Rs. 2 lakhs and in accordance with the policy of the Central Government and a condition of the lease the petitioner had appointed ex...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H176
Bal Raj Tuli, J.1. A DivisionBench has referred the following question of law for determination by this Bench:-- 'Whether the restriction placed by regulation 25 (4) of the Life Insurance Corporation of India (Staff) Regulations, 1960, framed under Section 49(2) (b) and (bb) of the Life Insurance Corporation Act debarring the employees of the Corporation from taking part in any election does or does not amount to a disqualification for being chosen as a member of the Punjab Legislative Assembly within the meaning of Sub-clause (e) of Clause (1) of Article 191 of the Constitution.'Regulation 25 (4) of the Life Insurance Corporation of India (Staff) Regulations, 1960 (hereinafter referred to as the Regulations), which places the restriction, reads as under:-- 'No employee shall canvass or otherwise interfere or use his influence in connection with or take part in an election to any legislature or local authority.Provided that--(i) an employee qualified to vote at such election may exerci...
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