Court : Punjab and Haryana
Reported in : (2008)3PLR201
M.M. Kumar, J.1. This petition filed under Article 226 of the Constitution prays for quashing order dated 29.4.2005 (Annexure P-2) passed by the Additional Deputy Commissioner-cum-Collector, Moga in pursuance to the proceedings initiated under Section 3 of the Indian Stamp Act, 1899 (for brevity 'the Act'). The Collector has held that on the basis of instructions dated 11.9.1979 (R-1), any mortgage without delivery of possession and deposit of title deed to secure loan is assessable under Section 9(1)(a) of the Act. Accordingly, a deficiency of Rs. 1,39,800/- has been determined and direction for recovery of the same from the petitioner has ordered.Brief facts of the case are that the petitioner is a firm which has dealing with the Oriental Bank of Commerce Branch, Dhalle Ke Tehsil District, Moga (for brevity 'the bank'). The firm entered into an agreement for availing the facility of loan to the extent of Rs. 80 lacs (30 lacs as cash credit + Rs. 50 lacs as term loan) subject to the c...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2008P& H184; (2008)3PLR167
M.M. Kumar, J.1. This order shall dispose of C.W.P. Nos. 6038, 6039, 6252, 6253, 6254, 6255, 6289, 6318 and 6320 of 2002. However, facts are being referred from C.W.P. No. 6038 of 2002, which has been filed by the then Chairman and the Trustees of Improvement Trust, Amritsar. These petitions filed by the Chairmen and/or Trustees of various Improvement Trusts 'of the State of Punjab are directed against dissolution of trusts in pursuance to power of the respondent State under Section 103 of the Punjab Town Improvement Act, 1922 (for brevity, 'the Trust Act'). The petitioners have claimed that since, they owe allegiance to the Bharatiya Janta Party (BJP) or Shiromani Akali Dal (Badal), they have been victimised by the Congress Government and the dissolution of trusts after capturing power in the State of Punjab by the Congress is malicious.2. It is important to notice that the Trust Act postulates improvement and expansion of towns in Punjab and in that regard the respondent State has co...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2008CriLJ4536
ORDERHarbans Lal, J.1. This petition has been moved under Section 438 of the Code of Criminal Procedure by Abhinav Gupta-petitioner seeking his anticipatory bail in case FIR No. 86, dated 20-3-2008, under Section 66 of the Information Technology Act and Sections 420/406 of the Indian Penal Code registered with Police Station Sector-55, Faridabad.2. The minimal facts of the case are these: The petitioner after completing his B.E. (Mechanical) in the year 1996 worked with Escorts-ECEL as Manager Design during the period from 2002-2003. He worked with Terex Vectra Equipment Private Limited as Manager, Designing for back Hoe Loader from the year 2003-2006 (August). Then he worked with JCB India Pvt. Ltd. (for short 'JCBI') as Manager Product Engineering (Design) from August, 2006 to January, 2008. He joined Escorts-ECEL as Divisional Manager (Designs) in January, 2008. The JCBI accepted his resignation vide letter dated 4-1-2008 and agreed to relieve him from his duties on 14-1-2008. He wa...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)3PLR209
M.M. Kumar, J.1. This petition filed by the tenant-petitioner, namely, Hira Chand, under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity, 'the Act'), challenges the view taken by both the Courts below directing his ejectment from the demised premises on ground of personal use and occupation of the landlord-respondent No. 1.2. Few facts may first be noticed. Mrs. Neelam Aggarwal wife of Rakesh Kumar and Smt. Kailash Wati wife of Balwant Rai, were owners of property bearing No. B-IV-100, Ghas Mandi, Ludhiana. On 6.9.1986, first and second floor of the building was rented out to the petitioner on a monthly rent of Rs. 900/-for the purpose of residence and business. Shri Sukhdev Raj Jain, landlord respondent No. 1, was occupying one shop on the ground floor of the said property as a tenant. On 28.6.1995, Smt. Kailash Wati sold her portion out of the aforesaid property in favour of Shri Sukhdev Raj Jain, landlord-respondent No. 1, and he became owner/landlord ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)151PLR316
Ranjit Singh, J.1. This order will dispose of the above-noted Civil Revision No. 2789 of 1984 (Pishori Lal v. Sh. Thakur Ji, Thakurdwara Sunami Gate, Patiala and Ors.) and Regular Second Appeal No. 644 of 1993 (Shri Thakur Ji, Thakur Dwara Sunami Gate, Patiala and Anr. v. Municipal Committee, Patiala and Anr.), which was ordered to be heard alongwith this revision petition vide order dated 3.3.2004.2. The revision is of an old vintage and has now reached its turn for hearing. The order impugned is the one passed by Appellate Authority, Patiala, up-holding the order dated 30.4.1982 passed by Rent Controller, Patiala. Petitioner, Pishori Lal, took on rent the land comprised in Khasra No. 313 min and 314 min situated outside Sunami Gate, Patiala, at the rate of Rs. 80/- per month from a religious Institution, named, Shri Thakur Ji, Thakur Dwara, Sunami Gate, Patiala (respondent No. 1). The property was taken on rent through Mohatmim Jagan Nath. The rent deed was executed and is dated 14.7...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)152PLR808
T.P.S. Mann, J.1. Suit for specific performance of contract dated 30.12.1980 filed by plaintiff-appellant was decreed with costs by learned Sub Judge, 1st Class, Fazilka vide judgment dated 12.10.1983. Appeal against the same was filed by respondent No. 1, which was partly accepted by learned District Judge, Ferozepur vide judgment dated 10.12.1984.2. The plaintiff-appellant was held entitled to a decree for recovery of a sum of Rs. 6,000/- with interest at the rate of 12% per annum from the date of the agreement till its realization. He was held entitled to the costs assessed by the trial Court. To that an extent, judgment passed by the learned trial Court was modified. However, there was no order as to costs in the appeal. Aggrieved of the same, the plaintiff filed the present appeal in the Court.3. The plaintiff-appellant sought possession of 8 Kanals of suit land by way of specific performance of contract dated 30.12.1980. He pleaded that the suit land was owned by Bagga Singh defe...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)3PLR214
M.M. Kumar, J.1. This petition filed under Article 226 of the Constitution prays for issuance of directions to respondent No. 3-Land Acquisition Collector, Urban Estate, Faridabad to pay the petitioners interest as per the provisions of Section 34 of the Land Acquisition Act, 1894 (for brevity 'the Act'). It is conceded position that the petitioners were owners of land/godown comprised in Khasra Nos. 576, 585 and 587 situated in Had Bast No. 38, Mauza Bahadurgarh District Jhajjar. In order to acquire the land, notification dated 17.4.2002 was issued by the respondent-State under Section 4 of the Act. After hearing of objections, a declaration was issued on 10.4.2003 under Section 6 of the Act. A part of the land in Khasra No. 587, owned by the petitioners was released on 21.6.2004 (Annexure P-3) and award was announced on 25.6.2004. However, on the application made by the petitioners for acquisition of the released land, a notification under Section 6 was issued on 18.2.2005 (Annexure ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)220CTR(P& H)194; [2009]315ITR125(P& H)
Satish Kumar Mittal, J.1. This judgment shall dispose of one income-tax reference i.e., IT Ref. No. 2 of 2000, sought by the Revenue, and ten income-tax appeals i.e., IT Appeal Nos. 9 of 2002, 79, 200 and 201 of 2005, 159 and 160 of 2006, 452, 453, 527 and 528 of 2007, filed by the Revenue, in which the common questions of facts and law are involved, pertaining to different assessment years of one group of the assessee.2. In IT Ref. No. 2 of 2000, which is arising from the decision of the Income-tax Appellate Tribunal (Delhi Bench 'A', New Delhi) (hereinafter referred to as 'the Tribunal') in case of the assessee for the asst. yr. 1988- 89, the following substantial question of law has been referred for opinion of this Court:Whether on the facts and in the circumstances of the case, the Tribunal was justified in confirming the orders of CIT(A) that expenses of Rs. 1,86,406 and Rs. 1,79,833 debited to publicity and advertisement account were of revenue nature.3. In all the 10 appeals, f...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)151PLR313
Ranjit Singh, J.1. Permanent Lok Adalat (Public Utility Services), Gurgaon has decided the application filed by the respondents, who are widow and off-springs of late Ramesh Chand Yadav for directing the petitioner-Insurance Company to honour their medi-claim at a pre-litigating stage. It would sound unfortunate to notice that the hapless respondents had to fight for getting claim of insurance on account of death of their husband/father. The children though are minor, but respondent-wife would certainly remember the day when the insurance agent would have come to her late husband to persuade him or to goad him to take a medi-claim so that he is able to look after himself without worrying for finances if he ever happened to fall sick. How these assurances advanced by Insurance Company would sound hollow, must have now been realised by the respondents. The Insurance Company is even not felt satisfied with the detailed order passed by the Lok Adalat in considering their objections and dir...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]316ITR267(P& H)
Satish Kumar Mittal, J.1. This order shall dispose of six income-tax appeals, bearing I.T.A. Nos. 178, 179, 246, 249, 247 and 248 of 2007, which are arising from a common order dated June 16, 2006, passed by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar (hereinafter referred to as 'the ITAT'), in six appeals, i.e., I.T.A. Nos. 644 to 649 (ASR.)/2004, pertaining to the assessment years 1996-97 to 2001-02, whereby the appeals filed by the assessee have been dismissed.2. The brief facts of the case are that on November 27, 2001, notices under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') in the case of Shri Sajiv Vohra, individual, were issued for the assessment years 1997-98 to 2000-01 for the reason that various investments made by him did not stand reflected in the original returns filed by him in his individual capacity. He was required to explain the investment made by him in acquisition of plot and purchase of Kisan Vikas Patras, etc. H...
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