Court : Punjab and Haryana
Reported in : (2008)152PLR32
K.S. Garewal, J.1. This judgment shall dispose of the present as well as two connected writ petitions (C.W.P. Nos. 3998 and 3999 of 2008) which arise on the basis of similar facts and raise the same grounds of challenge.2. On February 4, 1952 land was allotted to the predecessors of the petitioners for a period of 20 years. After the period expired order of ejectment of the petitioners were passed on April 25, 1972.3. The orders were challenged and the matter was concluded by the Supreme Court' on April 11, 1974. The appeals filed by the petitioners were allowed but the dispute only got lengthened.4. The Supreme Court was impressed by the petitioners' argument that the provisions of East Punjab Utilization Act, 1949 had not been correctly observed and the matter was required to be re-examined by the Collector. Therefore, the Supreme Court required the Collector to go into the following questions:(a) Was the possession of any of the lands in dispute taken by the State, under the Utiliza...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)151PLR597
K.S. Garewal, J.1. The petitioner-are Sarbhanand Chela Swami Nitya Nand and 5 others. The petitioners case is that Sarbhanand is the Mahant of Gadi Katas Raj Dham and owner of 28 bighas 18 biswas in Gobindpura. Petitioners 2 and 3 own 16 biswas in the said village, while petitioner 4 own 3 bighas 1-2/3 biswas. Petitioners 5 and 6 are also owners of land failing in Gobindpura. The land came within the municipal area of Yamuna Nagar and is connected with electricity, water, road etc.2. Petitioner's land adjoins temples of Vishnu Bhagwan, Shankar Ji. Santoshi Mata, Hanuman Jai and is being used for religious festivals for the past 20 years, langar is also a regular feature. People have great faith in the gaddi of Katas Raj Dham and visit the temple to make offerings.3. The State of Haryana issued notification under Section 4 of the Land Acquisition Act 1894 (hereinafter referred to as the Act) in 1969 intending to acquire land in Gobindpura. The acquisition was for the development of the ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)151PLR720
Rakesh Kumar Jain, J.1. The present appeal has been filed by the defendant-appellants against the judgment and decree of both the Courts below.2. The Plaintiffs filed a suit seeking decree for possession by way of specific performance of agreement of sale dated 01.05.1987, purported to have been executed by the defendant and his deceased brother Hanifa in his favour on payment of Rs. 27,000/- in respect of land measuring 1 Kanals 5 Marias, comprising of khewat/khatauni No. 499 min/690 min, khasra No. 305/2 and a Khadda measuring 2 Marias and house bearing 16 Akhas (Khanns) situated in Village Samlehri, Tehsil and District Ambala. The defendant contested the suit. In the written statement, preliminary objection No. 1 was taken to the effect that there has been no agreement dated 01.05.1987 between the Plaintiff and the defendant and if there is any such agreement, then it is false, frivolous and fabricated. In nut shell, the agreement was denied.3. The Plaintiffs filed replication. It w...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)152PLR434
Rajesh Bindal, J.1. This order will dispose of R.S.A. Nos. 750, 2466, 2467 of 1986, 1961, 2483, 2484, 2517, 2518, 2684, 3187, 3188 of 1987, 539, 555, 556, 1879, 1880, 1960, 2294 of 1988, 965 to 968, 1987, 2641 of 1989, 717, 723, 725, 758, 829, 830, 1113, 1162 of 1990, 341 to 343, 345, 346, 1224, 1246 to 1248 of 1991, 390, 908, 958, 959, 960, 1066 and 1452 of 1992.2. The issue for consideration in the present bunch of appeals is regarding levy of water tax. The plaintiffs/respondents were successfully in trial court as well as First Appellate Court where following a Division Bench judgment of this Court in Municipal Committee, Ambala City v. Khalsa Shoe Co. Ltd. (1974) 76 P.L.R. 5, it was declared that the appellate-Municipal Committee did not have the jurisdiction to levy water tax after the deletion of specific entry to that effect from Section 61 of the Punjab Municipal Act, 1911 (for short, 'the Act'). Even reliance on the provisions of Section 61(2) of the Act was also considered a...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)3PLR87
Ajay Kumar Mittal, J.1. This appeal by the assessee under Section 260A of the Income Tax Act, 1961 (for short 'the Act') is against the order dated 31.10.2006 passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar (SMC)(hereinafter referred to as 'the Tribunal') in IT.A. No. 188 (ASR)/2006 relating to the assessment year 1988-89.2. Vide order dated 18.9.2007 while issuing notice of motion by this Court, the learned Counsel for the assessee has claimed that the following substantial question of law would arise for determination of this Court:Whether in facts and circumstances of the case, the Income Tax Appellate Tribunal had fallen in error in confirming the charge of interest under Section 217 of the Income Tax Act by invoking the Sub Clause 6 of Section 215 even though the original return of income was filed by the Assessee on 31st August, 1988 and the reassessment made under Section 147 of the Income tax Act was not the 'first assessment?3. The facts, in short, are th...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2008CriLJ3576; (2008)2PLR675
T.P.S. Mann, J.1. The relief sought by the petitioner is the quashing of promulgation order dated 27.5.2005 (P-2) issued by the District Magistrate, Mansa under Section 144 Cr.P.C. and also of FIR No. 128 dated 16.6.2005 registered at Police Station City, Mansa under Section 188 IPC (P-3) and all the proceedings pending thereunder on the ground that the same were illegal, arbitrary, unconstitutional, against the principles of natural justice and also against the provisions of the Code of Criminal Procedure.2. According to the petitioner, he is a registered Pharamacist and carrying on business as such under the name and style of Public Medical Hall, Near Bus Stand Thikriwala, Mansa, and authorized vide licence (P-1) to sell, stock, exhibit and offer for sale or distribute by retail and whole sale the drugs as provided under the Drugs and Cosmetics Rules, 1945. The said licence was issued on 1.1.2003 and now stood renewed up to 25.4.2011. It is then submitted that District Magistrate, Ma...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2008P& H146; (2008)3PLR236
M.M. Kumar, J.1. The short issue raised in the instant petition is whether the petitioner is covered by notification dated 21.12.2001 (P-2) or subsequent notification dated 3.11.2006 (P-8), issued by the respondent State under Section 9(1)(a) of the Indian Stamp Act, 1899 (for brevity, 'the Act'), granting exemption to the payment of stamp duty in case of transfer of immovable property has been made to another specified person. It is in this context that the petitioner has prayed for quashing demand notice of recovery dated 15.3.2005 (P-3), order dated 23.1.2006 (P-5), demand notice dated 5.5.2006 (P-6) and the appellate order dated 27.2.2007 (P-10). The respondents have issued demand for recovery of Rs. 1,98,000/- from the petitioner in respect of the transfer deed bearing No. 1403, dated 23.1.2003.2. Brief facts of the case necessary for disposal of the instant petition are that the petitioner is a minor and great grand son of one Shri Bhag Singh. Shri Bhag Singh had a pre-deceased s...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)2PLR559
Mohinder Pal, J.1. The petitioner was recruited as a Constable in the Central Reserve Police Force (hereinafter referred to as C.R.P.F.) on March 21, 2003. Basic training of the petitioner along with all other recruits had commenced on April 21, 2003. During the training on June 18, 2003, he fell ill and was referred to Base Hospital-1, C.R.P.F., New Delhi. The petitioner was found suffering from tuberculosis. After preliminary treatment, he was discharged from the Hospital on August 30, 2003, and was advised continuous treatment for nine months with periodical check-up.2. The Commandant, 153 Battalion, C.R.P.F., Kadarpur, Gurgaon (Haryana) (respondent No.4) did not consider appropriate to keep the petitioner in service and terminated his services on October 01, 2003 vide order Annexure P-4 by referring to the provisions of Sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Services) Rules, 1965 (hereinafter referred to as 'the Rules of 1965') read with Rule 16 of the Cent...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)152PLR452
Harbans Lal, J.1. This petition has been moved under Section 482 of the Code of Criminal Procedure Code (for short, 'the Code') by Avtar Singh for quashing the complaint, Annexure P-1 dated 28.1.2006 filed by the respondent-bank against the petitioner for offence under Section 138 of the Negotiable Instruments Act (for brevity, 'the Act'), the summoning order dated 28.1.2006, Annexure P-2 and the order dated 11.8.2007, Annexure P-3, whereby the learned Judicial Magistrate, 1st Class has dismissed the application of the petitioner under Section 239 of the Code.2. The brief facts are that the petitioner is not the borrower from the respondent-bank. The borrower is M/s Raja Arjun and Company (hereinafter to be referred as the 'firm') which has availed the credit facility to the tune of Rs. 50 Lacs in the name of the firm. The petitioner was the guarantor of this firm. He issued a cheque No. 814906 dated 29.11.2005 for a sum of Rs. 1.5 Lacs drawn on the Indian Overseas Bank, Air Force Stat...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2009ACJ1651; (2008)3PLR83
Ajay Kumar Mittal, J.1. This appeal filled by the Insurance Company is directed against the award dated 22.3.2006 passed by the Motor Accident Claims Tribunal, Fatehgarh Sahib (for brevity, ' The Tribunal') awarding a compensation of Rs. 3,50,000/- to the claimants on account of death of Prern Verma in a motor vehicle accident.2. In nutshell, the facts of the case are that on 7.11.2004 at about 3.00 P.M., Prem Verma was going from Morinda to Bassi Pathana in car bearing No. HR-06C-9080 being driven on the left side at a slow speed and when it reached in the area of Bahadurgarh behind Baba Mazaar, a truck bearing registration No. HR-58A-2215 being driven by its driver rashly and negligently came from the opposite direction on the wrong side of the road and struck against the car. Prem Verma died on account of the injuries received by him in the accident. It was pleaded that Prem Verma was 26 years of age and was earning Rs. 5,000/- per month from the business of jewellery. The claimants...
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