Court : Punjab and Haryana
Reported in : (2003)133PLR434
M.L. Singhal, J.1. Harbans Kaur wife of Didar Singh resident of House No. E.J.1063 Mohalla Gobind Garh, Jalandhar City filed suit for declaration against Jalandhar Improvement Trust, Jalandhar through its Administrator-cum-Commissioner, Municipal Corporation, Jalandhar to the effect that the cancellation of allotment of plot No. 153 measuring 6 marla in 55 acre development scheme situated on Police Line Road, adjoining the Commissioner's office Jalandhar as a local displaced person to her vide memo No. 12240 dated 17.3.81 by the latter is illegal, ultra-vires, arbitrary, mala fide, without jurisdiction and not binding upon her. By way of consequential relief, she sought permanent injunction restraining the latter from interfering in her peaceful possession of the said plot. It is alleged in the plaint that Jalandhar Improvement Trust, Jalandhar proposed a '55 acre development scheme' on Police Lines Road, adjoining the Commissioner's Office, Jalandhar and acquired the said plot. Plaint...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2001CriLJ4611
M.L. Singhal, J.1. Through this Cr!. Misc. Petition No. 6271 -M of 2000 filed under Section 482 of the Code of Criminal Procedure Ashok Kumar Chauhan (petitioner) has sought the quashing of complaint Annexure P-1 filed by the State of Punjab through Insecticides Inspector, Bareta, Distt. Mansa against (1)M/s Garg Trading Company, Bareta, Distt. Mansa through its proprietor Sita Ram; (2) Delta Insecticides Limited, 1509, M.I.E. Bahadurgarh, Distt. Jhajjar through Surinder Kumar (n) A.K. Chauhan, Chemist of Delta Insecticides Ltd. under Sections 3(k)(i), 9, 17, 18,29, 30, 3(c) and 33 of Insecticides Act, 1968 and Rule 10 of Insecticides Rules, 1971.2. On 2.7.1993 the business premises of M/s Garg Trading Co., Bareta was inspected by Shri Jagtar Singh Brar, Insecticides Inspector, Bareta. At that time, Shri Sita Ram proprietor of M/s Garg Trading Co. was also present. Twenty litres of Anilophos 30% EC one litre pack bearing batch No. 23 manufacturing date 5/93 and expiry date 4/95 manufac...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2002P& H350
M.L. Singhal, J. 1. One Baldev Raj Verma, resident of 139, Model Town, Jalandhar City filed suit for permanent injunction against Jalandhar Improvement Trust, Jalandhar represented by Punjab State through Shri D.S. Chaudhary, IAS to perform the functions of the Trust and the Chairman restraining it from selling or interfering with his peaceful and lawful possession of plot No. 8 measuring 3 kanal shown as red in the plan attached to the plaint situated in the development Scheme of 84.87 acres behind Civil Hospital, Jalandhar on the allegations that this plot was allotted to him by the Jalandhar Improvement Trust, Jalandhar in Development Scheme of 84.87 acres @ Rs. 700/- per marla vide memo No. JIT/3050 dated 7.10.1970. Jalandhar Improvement Trust, Jalandhar vide resolution No. 44 dated 4.9.70 had resolved to allot plots to its trustees of their choice. There were six trustees in all of which he was one. Trustees were asked by the Jalandhar Improvement Trust, Jalandhar vide memo No. JI...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2001)170CTR(P& H)383
Jawahar Lal Gupta, J.Is the action of the respondents in holding that the petitioner is liable to pay interest, in respect of the assessment year 1994-95 under section 234B of the Income Tax Act, 1991 illegal This is the short question that arises for consideration in this case. A few facts as relevant for the decision of the case may be briefly noticed.2. The petitioner filed a return of income for the assessment year 1994-95. He declared an income of Rs. 98,515. It appears that during the course of assessment proceedings, the assessing officer found that an amount of Rs. 5 lakhs had been credited to the petitioner's account in his bank pass-book. He was questioned. The petitioner claimed that he had received a gift. However, he stated that 'to avoid prolonged litigation with the Income Tax Department and to win peace' he would surrender this amount as his income for the assessment year 1994-95 subject to the condition that no penal action or prosecution was initiated against him.On 2...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2001(78)ECC338; 2002(144)ELT46(P& H)
Jawahar Lal Gupta, J.1. These are two petitions under Section 35G(3) of the Central Excise Act, 1944. The Company and its Director are the petitioners. They pray that the Appellate Tribunal be directed to refer the following question of law for the opinion of this Court :-'Whether the Hon'ble Tribunal is correct in law in arriving at a conclusion that the consumption of 852 units is sufficient for the production of 1 M.T. Steel ingots in the case of the petitioner when the Central Excise Deptt., has already fixed the norms of consumption of 1000 units of steel ingots in the case of induction fumance'.2. A few facts as relevant for the decision of these cases may be briefly noticed.3. In pursuance to an information that the petitioners were indulging in suppression of production and clandestine removal of the steel ingots, a surveillance was kept on the activities of the company. On October 11, 1990, a truck bearing No. PUR 7537 was intercepted. The driver produced a Central Excise Gate...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2002]253ITR578(P& H)
Jawahar Lal Gupta, J.1. Is the action of the respondents in holding that the petitioner is liable to pay interest, in respect of the assessment year 1994-95, under Section 234B of the Income-tax Act, 1961, illegal This is the short question that arises for consideration in this case. A few facts as relevant for the decision of the case may be briefly noticed.2. The petitioner filed a return of income for the assessment year 1994-95. He declared an income of Rs. 98,515. It appears that during the course of assessment proceedings, the Assessing Officer found that an amount of Rs. 5 lakhs had been credited to the petitioner's account in his bank pass-book. He was questioned. The petitioner claimed that he had received a gift. However, he stated that 'to avoid prolonged litigation with the Income-tax Department and to win peace' he would surrender this amount as his income for the assessment year 1994-95 subject to the condition that no penal action or prosecution was initiated against him...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2001P& H366
Swatanter Kumar, J. 1. The ambit and scope of administrative and superintending jurisdiction of the State Commission over the District Forum has been questioned in this writ petition. The observations and dictum issued by the Hon'ble Supreme Court in the case of Common cause, a Registered Society v. Union of India, 1992 (3) JT (SC) 602 resulted in amendment of the relevant provisions of Consumer Protection Act, 1986. Section 24B was inserted by the Amending Act. No. 5 of 1993, which took effect from 18-6-1993. The newly inserted Section 24B reads as under :-- '24-B. Administrative control -- (1) The National Commission shall have administrate control over all the State Commission in the following matters, namely :-- (i) Calling for periodical returns regarding the Institution, disposal, pendency of cases; (1) issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, f...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2002]253ITR493(P& H)
Jawahar Lal Gupta, J. 1. The Revenue is aggrieved by the order dated February 26, 1999, passed by the Income-tax Appellate Tribunal by which it has recalled its order of December 23,1997. A few facts as relevant for the decision of this case may be briefly noticed. 2. The dispute relates to the assessment year 1981-82. The assessee which is engaged in the business of export of handicrafts, etc., filed a return declaring an income of Rs. 15,96,650. It filed a revised return showing an income of Rs. 11,50,866. The Income-tax Officer proceeded under Section 144B of the Income-tax Act, 1961. He prepared a draft assessment and forwarded it to the assessee on November 22, 1983. The assessee filed objections on December 2, 1983. A copy of the draft assessment order along with the copy of the objections was forwarded to the Inspecting Assistant Commissioner on December 6, 1983. On May 11, 1984, the Inspecting Assistant Commissioner approved the proposal submitted by the Income-tax Officer. On ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2002P& H21
Swatanter Kumar, J. 1. Provisional accreditation to Prena Public School, Sirsa, petitioner herein, was not extended and even the permission for up gradation of the school to secondary level was declined by the National Open School, New Delhi vide its letter dated 6.6.2001. The petitioner-school has impugned this order An-nexure P. 4 in the present writ petition filed under Articles 226/227 of the Constitution of India, on various grounds including lack of jurisdiction in the authority passing the order, the order suffers from element of bias, and that the grounds for declining extension, are factually incorrect. There cannot be any dispute to the legal proposition that the action of the respondents is amenable to writ jurisdiction and more particularly, it relates to imparting of education and providing for educational standards of the open Schools in the country.2. We may proceed to record relevant facts in order to effectively deliver upon the discussion on the merits of the contenti...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2002P& H43
ORDERM.L. Singhal, J.1. This is a revision filed by Kanhaiya Lal Khatak, plaintiff, against the order dated 8-12-1999 passed by Additional District Judge, Faridabad, whereby he had allowed the appeal of defendants-Manohar Lal & others against the order dated 15-6-1999 of Additional Civil Judge (Senior Division), Faridabad, allowing the application of the plaintiff Kanhaiya Lal Khatak, under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, for restraining the defendants from naming the charitable eye hospital at Faridabad after the name of the trustee or his nominee.2. Plaintiff Kanhaiya Lal Khatak filed a suit for declaration with consequential relief of permanent Injunction against the defendants-Manohar Lal and others. It was alleged in the plaint that there was a trust created by Late Sant Bhagat Singh Jl Maharaj of District Bannu, now in west Pakistan and the plaintiff was one of the trustees of the said trust. On April 2. 1992 the defendants had passed...
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