Court : Punjab and Haryana
Reported in : [1978]42STC196(P& H)
M.R. Sharma, J.1. This appeal against acquittal has been filed against the order dated 29th March, 1974, passed by the learned Additional Sessions Judge, Ambala, whereby he set aside the conviction of the respondents under Sections 353/186 read with Section 34, Indian Penal Code.2. On 3rd August, 1973, Shri K. K. Sayal, Assistant Excise and Taxation Officer, P. W. 1, went to this circle for checking under Section 13 of the Punjab General Sales Tax Act, 1948 (as applicable to the State of Haryana). At that time, he was accompanied by Shri R. K. Gupta, P. W. 3, Excise and Taxation Inspector and Shri Ashok Kumar, Peon, P. W. 6. When the party was present at the crossing of Gur Bazar, Sadar Bazar and Bajajan Bazar, a person of the name of Jagdish Rai, Constable, P. W. 2, was seen coming and carrying pulses, salt, vegetable ghee, etc. Shri K. K. Sayal, P. W. 1, enquired from him whether he was in possession of a regular purchase voucher issued by the shopkeeper or not. Upon this, Jagdish Ra...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1979CriLJ102
ORDER1. In this writ petition under Arts. 226 and 227 of the Constitution of India the five petitioners have prayed for the issue of a writ in the nature of certiorari or mandamus or any other writ for quashing an order dated 9th June, 1977, passed in revision by the Deputy Secretary to Government, Punjab, Co--operation Department. By that order election to the Managing Committee of Ghungrali Sewak Co--operative Agricultural Service Society had been set aside. The petitioners had been elected without a contest, as the nomination papers of respondents Nos. 3 to 15 had been rejected by the Returning Officer at the time of scrutiny. This defect was found common to all these respondents that the name of the Society to whose Managing committee election was sought was missing. The order about the rejection of nomination papers was upheld in appeal by the Deputy Registrar, Co--operative Societies, Ludhiana, through an order passed on 12th July, 1976. There was a further appeal under S. 62 of ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1978]48CompCas401(P& H)
Sandhawalia, J. 1. Ravinder Kumar Jain, petitioner, has moved this petition under Section 166 read with Section 171 of the Companies Act, against the Punjab Registered (Iron and Steel) Stockholders Association Ltd., to seek the primary relief that the meeting of the respondent-company held on the 28th September, 1977, be declared illegal and void. The petition is primarily based on the allegations that the notices issued for the calling of the annual general meeting violated the statutory period of 21 clear days. Written statement has been filed and the replication on behalf of the petitioner was also placed on the record. From the pleadings of the parties, the following preliminary issue was struck : ' Whether the present petition under Section 166 read with Section 171 of the Companies Act, 1956, is maintainable in this court in the present form ?' 2. It appears to me that it would be wasteful to dilate on this matter because the same appears to be concluded against the petitioner by...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H1; [1978(37)FLR187]
Prem Chand Jain, J.1. Sunder Singh and another have filed this petition under Art. 226 of the Constitution of India for the issuance of an appropriate writ, order or direction quashing the discharge notices dated 22nd Sept. 1977, copy Annexures 'P-5' and 'P-6', by which the services of the petitioners were terminated with effect from 28th Oct. 1977 (A.N.).2. This petition came up for hearing before me and my learned brother Surinder Singh, J. on Dec. 12, 1977. Mr. Gopal Mahajan, Advocate, who appeared on that date for the petitioners, raised a contention that the petitioners were entitled to the payment of retrenchment compensation along with the impugned notices, as the cases of the petitioners were covered by the provisions of S. 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) and that the notices have not been served in accordance with law, inasmuch as no compensation amount in respect of retrenchment was paid at the time of the issuance of the notices....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1978]48CompCas267(P& H)
S.S. Sandhawalia, J.1. This is an application under Section 151 of the Civil Procedure Code read with Rule 9 of the Companies (Court) Rules, 1959. It seeks directions to Shri N.S. Kharbarida, the former managing director of the Chandigarh Tourist Syndicate (Pvt.) Ltd., to hand over the records relating to the company and also the keys of the almirahs lying in the office of the company and further to deliver the cash in hand held by him earlier to the present managing director of the company with the requisite details thereof.2. It does not seem to be in dispute that an annual general meeting of the company was called for the purposes of the election of the managing director/chairman on 30th November, 1977. In the proceedings held in the said meeting Sh. N.S. Kharbanda, who was the incumbent managing director of the company, lost to Sh. Ajaib Singh Bachhal, the present applicant, who was elected as the managing director thereafter. It has been averred in the application that in the minu...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1978]41STC360(P& H)
M.R. Sharma, J. 1. The petitioner-firm is a registered dealer under the Punjab General Sales Tax Act, 1948 (hereinafter called the Act). The assessment of the firm was completed for the year 1967-68 on 27th October, 1969 and for the years 1968-69 and 1969-70 on 28th April, 1970 and 7th October, 1970, respectively. The orders were passed by the Assessing Authority after examination of the accounts and verification of the returns and documents.2. In the year 1970-71, notices were sent to the petitioner-firm in form S. T. XIX by respondent No. 4 for the assessment years 1967-68, 1968-69 and 1969-70 for starting reassessment proceedings under Section 11A of the Act. In the notices it was stated as under :Sales to the following unregistered dealers have been made and deductions as sales made to R. Ds. were claimed and allowed :-1. B. S. Arora, Amritsar.2. Bhajan Lal & Bros., Amritsar.3. Jamna Dass Boa Dass, Amritsar.4. Dharam Paul Sharma, Amritsar.5. Munshi Lal & Co., Amritsar.6. Prem Singh...
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