Court : Punjab and Haryana
Reported in : AIR1976P& H336
Rajendra Nath Mittal, J. 1. This regular second appeal has been filed by the plaintiffs against the judgment and decree of the Additional District Judge, Hissar, dated August 17, 1965.2. Briefly the case of the plaintiffs was that Gurhachan Singh, plaintiff, was a big landowner. The tenants made applications for the purchase of land against him, under Section 18 of the Punjab Security of Land Tenures Act (hereinafter referred to as the Act). Those applications were allowed in favour of the tenants. Gurbachan Singh had two wives, namely, Basant Kaur and Bajinder Kaur. From Basant Kaur, he had a son, Rajinder Singh and from Bajinder Kaur, he had another son, Jagrup Singh. He had also three daughters from Rajinder Kaur. In the proceedings under Section 18 of the Act, Gurbachan Singh made an application before the Assistant Collector on July 9, 1958, to the effect that the amount of compensation deposited by the tenants be paid to Rajinder Kaur in her lifetime and after her death, to Jagru...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1976CriLJ1448
Bhopinder Singh Dhillon, J.1. District Magistrate, Faridkot, vide reference order dated February 21, 1973, recommended for setting aside the order dated August 9, 1972, passed by the Sub-Divisional Magistrate, Muktsar, in proceedings initiated under Section 133 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code). The sole ground on which the recommendation was made by the learned District Magistrate, Faridkot, was that the Sub-Divisional Magistrate, Muktsar, did not comply with the provisions of Section 137 of the Code inasmuch as no evidence was recorded and the case was decided on the affidavits filed by the parties. This reference was refused by me on September 13, 1974. I held that the parties having been given an opportunity to produce evidence and they having felt contented by filing the affidavits of the witnesses on whom they relied, the reference was not well founded. On a petition having been filed on behalf of the party in whose favour the District ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H215
Sandhawalia, J. 1. The two salient constitutional issues which arise in this reference to the Full Bench may be conveniently formulated in the following terms:-- (1) Whether the control of the High Court over District Courts and the Courts Subordinate thereto, as envisaged by Article 235 of the Constitution, extends to all the functionaries attached to the said Courts. (2) If so, whether the promotion of such functionaries is exclusively within the ambit of the control of the High Court. The facts giving rise to the above and also other legal issues are not in serious dispute. Amar Singh, petitioner, joined Government service in 1944, but on the separation of the Executive from the Judiciary, he was assigned to the latter, as a Clerk, on 28th February, 1965. He was later promoted as an Assistant and confirmed as such and, at present, is holding the post of Clerk of Court to the Senior Subordinate Judge, Amritsar. He Is a graduate but his particular claim is that he belongs to the Kambo...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1976CriLJ1648
S.S. Sandhawalia, J.1. In this appeal preferred by the State of Punjab against the acquittal of the respondent on a charge under Section 16 of the Prevention of Food Adulteration Act, three salient legal issues arise, which can be conveniently formulated in the following terms:1. Whether it is permissible to add the percentages of the various constituents of milk disclosed by the Public Analyst and thereafter to deduce a conclusion therefrom about the overall deficiency or otherwise of the milk from its prescribed standards2. Whether the Court is entitled to assume a slight or reasonable margin of error in the conclusions recorded by the Public Analyst during the course of analysis of the milk?3. Whether a negligible or marginal deviation from the prescribed standards laid down by the Act can be ignored and acquittal recorded on that basis?2. For the determination of the aforementioned legal issues, it is not at all necessary to advert to the facts of the present case at the outset. It...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H316
Prem Chand Jain, J.1. Balwant Singh has filed this petition under Section 115 of the Code of Civil Procedure, against the order of the learned Subordinate Judge, 1st Class, Sonepat, dated 7th February, 1973, refusing to reject the plaint as a whole in a suit filed by the State Bank of India, respondent No. 1 (hereinafter referred to as the Bank) for the recovery of Rs. 1,17,268.59 Paise, against the petitioner and eight other defendants. The relevant facts of the case, may briefly be stated, thus:--On 7th January, 1966, the Bank granted instalment credit facility to Messrs. Cooks Manufacturing, Sonepat, defendant No. 1 (hereinafter referred to as the firm), to the extent of Rs. 14,950 which was repayable by the firm in 12 instalments spread over a period of three years. Defendant No. 5 stood surety for the repayment of the amount advanced to the firm. On 18th July, 1966, the firm was granted overdraft facility to the extent of Rupees 10,000 by the Bank and in this account a sum of Rs. ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H262
D.S. Tewatia, J.1. The petitioners in the two writ petitions Nos. 6275 of 1974 and 5916 of 1974, seek a common pronouncement from this Court to the effect that the amendments sought to be effected to the existing definition of 'incidental charges' and 'market charges' in the Punjab Agricultural Produce Markets (General) Rules, 1962, (hereinafter referred to as the Market Rules) by notification Exhibit P-l dated 3rd May, 1974, are invalid being ultra vires the powers of the rule-making authority, that is, the Government.2. The existing rule prior to the impugned amendment, incorporating the definition of 'incidental charges' and 'market charges' is Rule 2, Clauses (8) and (11) respectively of the Market Rules and these clauses read as under:--'(8) 'Incidental charges' means the charges payable in lieu of the services rendered in connection with the handling of agricultural produce prior to the finalisation of the bid at the auction, such as unloading, cleaning and dressing charges and s...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1976CriLJ1471
P.S. Pattar, J.1. By his judgment dated October 6, 1975, the Sessions Judge, Faridkot, convicted Balraj Singh son of Dalmer Singh aged about 21 years, resident of village Jasseana, District Paridkot, under Section 302, Indian Penal Code, and! sentenced him to death and directed that he be hanged by neck till he is dead and that this sentence is subject to confirmation by the High Court. He also convicted him by the same judgment under Section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for three years. The records of this case have been submitted by the Sessions Judge to this Court for confirmation of the death sentence under Section 366, Criminal Procedure Code. Feeling aggrieved Balraj Singh accused has filed Criminal Appeal No. 1409 of 1'975 against this judgment alleging that the decision of the Sessions Judge is wrong and incorrect and it may be set aside and he may be acquitted. By this judgment this Murder Reference No. 35 of 1975 and the Criminal Appea...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H387
ORDERR.S. Narula, C.J.1. The common question of law which calls for decision in each of these three petitions for revision (Nos. 881 to 883 of 1974) of the order of the Commissioner, Ambala Division, dated June 18, 1974, is whether the right to prefer a second appeal under S. 7 (4) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Principal Act) has or has not been taken away by Section 5 of the Punjab Village Common Lands (Regulation) Haryana Second Amendment Act, 1973 (hereinafter called the Amending Act) from a litigant whose first appeal under Section 7 (3) against the order of the Assistant Collector under Section 7 (2) of the Principal Act was pending before the Collector on November 30, 1973, the date on and with effect from which the Amending Act came into force.2. Since it is the common case of both sides that there is no material difference in the facts of these cases and the decision of one will govern all the three, I need only give t...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H291
S.S. Sandhawalia, J. 1. Whether bye-law 15 of the Indri Cane Growers Co-operative Society Ltd. providing that the members of the said Society will exercise their votes through their delegates and will have no vote of their own is violative of Appendix 'C' framed under Rule 23 of the Punjab Co-operative Societies Rules, 1963, is the primary and indeed the sole question which calls for determination in this writ petition before us on a reference. 2. Since the only legal issue pressed before us is the one mentioned above, it suffices to advert to the facts relevant thereto. The two petitioners are the members of the Indri Cane Growers Co-operative Society Ltd., (hereinafter called the Society) which is a body duly registered under the Punjab Co-operative Societies Act 1961. The Cane Commissioner Haryana (respondent No. 4) fixed the election to the Managing Committee of the Society on a zonal basis for the 31st of May, 1973, and appointed the Assistant Registrar, Co-operative Societies (re...
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