Court : Punjab and Haryana
Reported in : (1994)106PLR28
ORDERS.D. Agarwala, C.J.1. This revision petition is directed against an order of the Subordinate Judge, First Class, Hansi, dated June 10,1987.2. The brief facts of the case are that the plaintiffs evidence had been concluded and the case was adjourned subject to the payment of Rs. 50/- as costs, but on June 10, 1987, for which date the case was adjourned, the costs were not paid. In the circumstances, the trial Court dismissed the suit for non-payment of costs. It is this order which is the subject to challenge in this revision petition. 3. Learned counsel appearing for the revision petitioner has contended that even if the costs have not been paid, the suit could not be dismissed. He has relied upon a Full Bench decision of this Court in Prem Sagar v. Phul Chand, (1983)85 P.L.R. 797 (F.B.). In that case, the Full Bench has categorically laid down after interpreting Section 35B, Code of Civil Procedure, that the resultant effect of the default on the date next following the date of t...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)104PLR673
H.S. Bedi, J.1. The present petition is directed against the order of the Appellate Authority reversing the order of the Rent Controller whereby the eviction application filed by the landlord-respondent had been dismissed.2. A rent note mark 'Z' was executed between Amir Chand, the predecessor in interest of the petitioners and the predecessor in interest of the respondents way back on July 30, 1958, whereby the rent was fixed at Rs. 50/- p. m. with a further stipulation that in addition the property tax would be paid by the landlord, whereas the house tax was to be borne by the tenant. On 2.6.1961, the father of the respondents mortgaged with possession the property in dispute to one Makhan Singh and on the same day, the tenant petitioner executed another rent note Ex. AW 8/1 in favour of the mortgagee, Makhan Singh Makhan Singh, thereafter died and the mortgagee rights were inherited by Chand Rani who subsequently transferred them to one Smt. Nirmalwati on 1.2.1963, Amir Chand died a...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)104PLR742
G.S. Chahal, J.1. By means of this petition under Section 482 Cr. P. C. Mohinder Singh - petitioner seeks quashing of order dated February 21, 1990 passed by the Additional Sessions Judge, Roopnagar.2. Balwant Singh--respondent brought a complaint under Section 420 I. P. C. against the present petitioner on the grounds that Mohinder Singh had agreed to sell in his favour plot No. 1929 measuring 400 sq. yards situated in Mohali vide agreement dated August 16, 1979, that the petitioner had received a sum of Rs. 6000/- as an advance and physical possession of the plot, agreed to be sold, was delivered to the respondent; that at the same time, petitioner had executed a general power of attorney in favour of respondent for the agreement of the said plot that the remaining sale price in the agreement was to be paid by the respondent by way of instalments to the Estate Officer by whom the plot wag allotted to the petitioner. It was alleged by the respondent that in pursuance of agreement of s...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR513
Amarjeet Chaudhary, J.1. This appeal is directed against the award of Motor Accident Claims Tribunal, Bhatinda, dated May 8, 1985, which on a claim petition under Section 110-A of the Motor Vehicles Act, 1985, which on a claim petition under Section 110A of the Motor Vehicles Act, had awarded a sum of Rs. 20,000/- as compensation to the claimants on account of death of their 25 years old unmarried son Lakhwinder Singh.2. The challenge to the award is that while computing the compensation no reason for the same has been given by the Tribunal.3. I have considered the submissions of learned counsel for the parties and have gone through the paper book. After scanning the evidence of Gurdev Kaur, I am of the view that the income of the deceased must be Rs. 1000/- per month. Out of this amount, he must be spending Rs. 250/- per month on the maintenance and upkeep of the tempo, another sum of Rs. 250/- on himself and the remaining sum of Rs. 500/- on his parents. Therefore, the annual depende...
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1994)ACC28; 1994CriLJ1464
ORDERS.S. Grewal, J.1. Kishore Chand, petitioner was convicted under Section 304A of the Penal Code, vide order of Chief Judicial Magistrate Rupnagar, dated 10th December 1992 and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/-. In default of payment of fine he was further ordered to undergo rigorous imprisonment for six months. On appeal the Addl. Sessions Judge, Rupnagar, vide order dated 13th July, 1993 maintained the conviction of the petitioner under Section 304A, Penal Code, However setting aside the order of sentence, the trial court was directed to comply with the provisions of Section 248(2) of the Code of Criminal Procedure, before passing any sentence, after hearing the petitioner.2. The learned counsel for the parties were heard. In the present case, the order of remand passed by the appellate court, cannot be legally sustained in view of the observation of the Lordship of the Supreme Court in Dagdu v. State of Maharashtra, : 1977...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1(1994)ACC212
Amarjeet Chaudhary, J.1. The Motor Accident Claims Tribunal, Sirsa (hereinafter referred to as the Tribunal) on a claim petition under Section 110-A of the Motor Vehicles Act, filed by the claimants, had awarded Rs. 64,000/- as compensation on account of the death of Krishan Lal and Rs. 10,000/- on account of the death of Mohinder Pal with 12% p.a. interest from the date of filing of the claim petition till recovery of the entire. amount of compensation.Dissatisfied with the award of the Tribunal dated August 31, 1985 the claimants-appellants have filed the present appeal for the enhancement of the compensation.2. The challenge to the award is that the Tribunal had wrongly calculated the monthly income of Krishan Lal deceased at Rs. 500/-. The deceased was a skilled worker and was earning more than Rs. 1000/- per month.3. I have considered the submissions of the Counsel for the appellants. It has come in evidence of Ram Chand (PW-5) father of Krishan Lal deceased that the deceased was ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)105PLR687
R.K. Nehru, J. 1. This Regular Second Appeal has been preferred against the judgment and decree dated 9th June, 1978 passed by the first Appellate Court affirming on appeal those of the learned trial Judge.2. For better grasp of the controversy, the following pedigree-table may be looked into:-Chanan Singh = Smt. Bholi (Plaintiff No. 2)|-------------------------------------------------| | |Gurbax Singh Jagat Singh Smt. PritoDefendant No. 1 Plaintiff No. 1 Plaiintiff No. 3|-------------------------------------| |Bhupinder Singh Surinder Singh (Son) (Son)Defendant No. 2 Defendant No. 3 3. Chanan Singh (hereinafter referred to as the testator) was the owner of 29 Kanals 4 Marlas of land in suit. He died leaving behind his widow Smt. Bholi (plaintiff No. 2) and Jagat Singh (defendant No. 1) and also one daughter Smt. Prito (plaintiff No. 3). Bhupinder Singh and Surinder Singh defendants No. 2 and 3 are the sons of Jagat Singh defendant No. 1.4. The plaintiffs filed a suit for declaration t...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR169
ORDERV.K. Jhanji, J.1. In this revision petition, State of Haryana is aggrieved of the order of the execution Court, whereby respondents No. 2 and 3, Ramesh Singh and Hari Singh have been held entitled to the enhanced compensation.2. In brief, the facts, are that the State of Haryana acquired land situated in village Mawai in pursuance of notification dated 2.8.1973 issued under Section 4 of the Land Acquisition Act (briefly 'the Act')- One Rumal Singh felt dissatisfied with the compensation awarded to him by the Land Acquisition Collector. He, therefore, applied to the Collector for making reference to the Court under Section 18 of the Act. On reference, compensation was enhanced. Respondents No. 2 and 3 also applied to the Collector for making reference under Section 18 of the Act. Their case was also referred to the Additional District Judge, Gurgaon, who vide order dated 3.5.1978 dismissed the claim petition. After the dismissal of their claim petitions and during the pendency of r...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR191
G.R. Majithia and H.K. Sandhu, JJ.1. This order disposes of C.W.P. Nos. 15673, 15674, 15675 of 1992, 5565, 5566, 5567, 5568 and 5570 of 1993.2. A reference to relevant facts has been made from the pleadings in C.W.P. No. 15673 of 1992.3. The petitioners have sought a mandate to the respondents to release them the payments on account of solatium and interest as assessed by the Arbitrator in Arbitration Case No. 7 of 1988, decided on March 11, 1989, in this petition under Articles 226/227 of the Constitution of India.4. Indisputably, a large chunk of land belonging to the petitioners in these petitions was requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952 (for short, the Act) and it was acquired in the year 1970. The Arbitrator appears to have been appointed as envisaged by Section 8 of the Act in the year 1988 and he rendered the award on March 11, 1989. The authorities have not released to the petitioners payment on account of solatium and interest ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1994(46)ECC56; 1995LC49(P& H); 1995(75)ELT735(P& H)
Jawahar Lal Gupta, J.1. The learned Single Judge disposed of 17 writ petitions by one order. 11 appeals viz. LPA Nos. 749, 940, 992 to 998,1038 of 1990 and 424 of 1991 arising out of the judgment and four writ petitions viz. C.W.P. Nos. 4874 and 5167 of 1988, 9050 and 11683 of 1990 involving identical points have come up for hearing before us. These can be disposed of by one judgment. A few facts as evident from L.P. A. No. 749 of 1990 may be briefly noticed.2. The appellants as well as the petitioners are manufacturers of steel ingots, steel billets, steel bars, rounds and rods and steel flats etc. It is averred that these products are manufactured 'by using raw material which is primarily waste and scrap of steel/iron.' Under Section 3 of the Central Excises and Salt Act, 1944 (hereinafter referred to as 'the Act') excise duty is leviable on all excisable goods which are produced or manufactured. The rate of duty has been specified in the Schedule to the Central Excise Tariff Act, 19...
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