Court : Punjab and Haryana
Reported in : 1994ACJ1250; (1994)106PLR23
Amarjeet Chaudhary, J.1. Motor Accident Claims Tribunal, Kapurthala on a claim petition had awarded Rs. 15,000/- as compensation on account of injuries sustained by the claimant in an accident on 6th of March 1984. Aggrieved against the said award, the claimant had filed this appeal for enhancement of the compensation. In the said accident, the claimant had suffered disability to the extent of 55% on account of amputation of his leg.2. I have gone through the case file and considered the submissions of the counsel for the appellant. The claimant in order to prove the injuries has produced AW-5, Dr. Kirpal Singh, Registrar Othopeadics Department, Medical College, Amritsar. He stated that on 6.3.1984 Bachan Singh was admitted in emergency Orthopeadic unit 2 Medical College, Amritsar, as a case of crush injury on right leg sustained in road accident. The bone had multiple fractures and the circulation was damaged. The patient was in a very serious condition as a result of blood loss. Dr. ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1994P& H42
ORDERA. L. Baahri, J.1. Replication taken on the record.2. The petitioners belong to Sahnewal. They claim mandamus in this petition filed under Arts. 226 and 227 of the Constitution commanding the respondents State of Punjab, Punjab Mandi Board, the Market Committee, Sahnewal and the Collector, Ludhiana, not to effect recovery of rural development fund. The petitioners are licensees under the Punjab Agricultural Produce Marketing Act, 1961. They purchase agricultural produce i.e paddy and bring the same into their shellers converting it into rice and sell the same, They pay 2% of the sale price asmarket fee under the aforesaid Act and 4% purchase/sales tax under the Punjab General Sales Tax Act. The respondents illegally wanted to claim rural development fund under the Punjab Rural Development Act, 1987 (hereinafter called 'the Development Act') from the petitioners with respect to the agricultural produce pruchased or brought by them as above. Notices were issued to them like Anneuxre...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR383
V.K. Jhanji, J.1. This is tenant's revision petition directed against the order of the appellate Authority whereby the order of the Rent Controller was set aside and in consequence thereof, the tenant was ordered to be ejected.2. In brief, the facts are that the landlord (respondent herein) filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act (briefly the Act') for the ejectment of the tenant (petitioner herein) on the allegation that the premises had been let out to the tenant in January, 1976, at the rate of Rs. 250/- per month, and now the said premises are required by him for his personal use and occupation. In the ejectment application, it was further averred that the landlord has four sons and out of the four sons his son namely Balvinder Singh, who got married in 1982, wants to occupy the house as he intends to shift from Chandigarh to Patiala.3. The tenant in his written statement denied the rate of rent as Rs. 250/- per month of the premises in dispu...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)105PLR740
S.K. Jain, J. 1. In village Salim-sar-Majra, there lived a widower Chandgi Ram. He owned and possessed agricultural land measuring 65 kanals - 2 marlas, fully described in the plaint. He had no male issue but Smt. Chhoto was his daughter who was married to Lal Chand of village Kheri Daman, Sardar Singh who was a total stranger exploited the weaknesses of Chandgi Ram, exercised undue influence upon him and in order to grab his property obtained a collusive decree dated 17.2.1975 in Civil Suit No. 116/i instituted on 13.2.1975 alleging that he was his adopted son. On the basis of the said decree, mutation No. 1777 on 12.5.1977 was also sanctioned in favour of said Sardar Singh defendant No. l. The suit land was shown to have been allegedly transferred in favour of defendants No. 3 and 4 although no consideration had passed. Smt. Chhoto when came to know all these facts instituted Civil Suit No. 517 of 1985 on 26.7.1979 against Sardar Singh his father Chandgi Ram and alleged vendees Raghu...
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1994)ACC215; 1994ACJ374; (1994)106PLR140
A.L. Bahri, J.1. We agree with the final conclusion arrived at by the Motor Accident Claims Tribunal that the Insurance Company would be liable to pay the compensation if the licence had been renewed, though originally it was a faked licence. Some of the observations made by the Tribunal are open to criticism, when the Tribunal gives finding that a faked licence could not be validly renewed, as it is not provided under the Motor Vehicles Act that at the time of renewal no tests are provided. Section 15 of the Motor Vehicles Act reads as under :-'Renewal of driving licences. - (1) Any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this Act with effect from the date of its expiry;Provided that in any case where, the application for the renewal of a licence is made more than thirty days after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal.Provided further that where the appli...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1(1994)ACC230
Amarjeet Chaudhary, J.1. This is claimant's appeal against the judgment of the Motor Accident Claims Tribunal, Ambala dated 31.5.1984 vide which it had dismissed the claim petition.2. The challenge to the award is that the Tribunal had wrongly held that the accident had not taken place due to rash and negligent driving of scooter No. HYA 5478 by Rajinder Singh, respondent No. 1.I have perused the case file and considered the submissions of the Counsel for the parties.3. The material issue before the Tribunal was whether the accident in which the claimant sustained injuries, had taken place as a result of rash and negligent driving of the scooterist Rajinder Singh, respondent No. 1.4. The case of the claimant is that the scooterist Rajinder Singh after overtaking a car which was going ahead of him, had struck against his moped. As a result, he had fallen on the road and sustained injuries.5. On the other hand, the case of Rajinder Singh, respondent No. 1 is that the accident had taken p...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR174
Jawahar Lal Gupta, J.1. Is a workman whose rainstatement has been stayed during the pendency of the proceedings of the High Court entitled to the payment of wages at the same rate as the other workmen who are actually working in the industry or is he entitled to the payment of wages only at the 'rate last drawn' by him This is the short question that arises in these two Letters Patent Appeals. The learned Single Judge having directed that 'the petitioner management shall keep on paying the current wages to the respondent-workman calculated on the basis as if deemihgly he has been in service throughout,' the appellant has filed these Appeals and challenged the orders. A few facts as evident from the record of LPA No. 657 of 1993 may be noticed.2. The Presiding Officer of the Labour Court vide his award dated March 29, 1993 held that the respondent-workman is entitled to reinstatement with continuity of service but without back wages. Aggrieved by this award, the appellant approached thi...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR732
Jawahar Lal Gupta, J.1. The petitioner, a non-resident Indian, complains against the bureaucratic highhandedness. She was offered a plot measuring 500 square meters in the Industrial Estate, Panchkula. Vide order dated December 28, 1982, the offer was 'withdrawn.' Her representation against this order having been rejected. She has approached this Court through the present writ petition. She prays for the issue of a writ in the nature of certiorari quashing the impugned order and for a writ of mandamus directing the respondents to allot a 1000 square meters or a 500 square meters plot to her. The respondents justify the impugned order primarily on the ground that the petitioner had 'failed to complete the requisite formalities mentioned in the letter of intent within the specified period of 180 days--.' A few facts may be noticed.On July 31, 1981,the Haryana Development Authority (hereinafter referred to as the 'Authority') published a notice in 'The Tribune' offering plots to non-resid...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)105PLR565
ORDERN.C. Jain, J. 1. This Judgment of mine will dispose of R.F.A. Nos. 1115 to 1119, 1578 and 1762 of 1990 filed by the landowners seeking enhancement in the amount of compensation and R.F.A. Nos. 1431 to 1437 of 1991 filed by the State of Haryana praying for reduction in the amount of compensation. Since all the appeals have arisen out of common Award given by the Additional District Judge Kurukshetra, they are being disposed of together.2. The State of Haryana in pursuance of notification dated 14th July, 1982 issued under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') acquired 353 kanals 2 Marlas of land situated in Patti Kaisteh Seth, Kaithal, for development of residential and commercial area in Sector 19. The Land Acquisition Collector by his Award dated 16.1.1986 assessed the market value of the acquired land at Rupees 40,000/- per acre. The Additional District Judge by his Award under challenge before this Court has evaluated the land at Rupees 70...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1994P& H30
ORDER1. The dispute between the two brothers (the petitioner and respondent No. 4) is over a trifle. It relates to the partition of a piece of land. The claim of the petitioner has been rejected by the Assisiant Collector Grade I, the Collector and even the Financial Commissioner. Aggrieved by these orders, the petitioner has filed this writ petition and challenged the findings recorded by the revenue authorities. A few facts may be noticed.2. On an aplication for partition of the land measuring about 53 Kanals, the Assistant Collector sanctioned the mode of partition and sent the papers to the Girdawar for preparation of the necessary documents. The petitioner and the respondent were given opportunity to file objections. None were filed. Vide order dated January 10, 1989 fa copy of the order is at Annexure P-2), the Assistant Collector recorded that the parties have stated that they have verified the papers to be correct and requested for acceptance of the same. So in the absence of a...
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