Court : Punjab and Haryana
Reported in : AIR1962P& H204
..... reconstruction of the building in dispute in these two cases amounts to construction within the meaning of the word 'construction' in the notification, exempting buildings constructed in the years 1956, 1957 and 1958 from the operation of the act for a period of five years from the date of a construction.it may be stated at the very inception that no inflexible rules can be laid down to determine when a reconstructed building can be said to be constructed building within the meaning ..... the exemption power is there by necessary implication for the government can by not applying the statute to any territory within its jurisdiction is necessarily exempting the territory to which it refuses to apply the statute under that power.on the other hand, we see no difference in principle when in the second type of case, the exercise of power of exemption is postponed after the statute has come into ..... (13) it is not disputed and indeed it could not be in view of any number of decisions of the privy council and the supreme court, for instance, ilr 4 cal 172 (pc), air 1960 sc 554 and air 1961 sc 4 that delegation of power to the government to determine the time as to when the statute should apply, the person or persons to whom it is to apply and the place or places to which it would apply has ..... 1816 of 1959:(4) this case came up for hearing before pandit j, who by his order dated the 20th or july, 1960, referred it for decision to a larger bench and that is how this case has been placed before us. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H98
..... 621: (air 1950 sc 222), in the former case lord justice atkin (as he then was) observed: 'wherever any body of persons having legal authority to determine questions affecting the rights of subjects and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king s bench division exercised in these writs. ..... again, an authority which is neither required to determine issues analogous to litis inter partes nor empowered or required to determine questions of legal right may nevertheless be held to act in a judicial capacity if it exercises discretionary powers which directly affect the interests of individuals and in which a policy element is absent or is relatively small. ..... (a) nature and duties of post;(b) powers exercised by the officers holding a post, the extent of territorial and other charge held or responsibilities discharged. ..... even if it be assumed that by virtue of articles 14 and 16 of the constitution the petitioner has a right to be placed above certain persons who were allegedly enjoying inferior status to him before the merger it cannot on the material before me be said that he has been discriminated.11. ..... it has been stated by the respondents in their affidavit that the petitioner is enjoying a better status than the status he had before the merger. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1980P& H37
..... the petitioners was vehement in his stand that at least for the limited purpose of the constitutionality of a statute, the primary and the sole provisions are those of the act itself and not the results of subordinate legislation thereunder, without going into the slightly ticklish and vexed question whether strictu sensu the rules framed under ..... arena of controversy is, therefore, narrowed down to this--whether this acquisition or vesting of the agricultural estates in the municipal committees without compensation by the impugned provisions of the act is not protected by the constitution itself in other words, the acid test that the impugned provisions have to pass, is whether they are completely and totally protected by article ..... the relevant pert is in the following terms:--'in order to complete the chain of the agrarian reforms, which were undertaken with the enactment of the aforesaid act, government have decided that such shamilat deh lands within municipal limits should be vested in municipal committees for the purpose of planning the proper use and beneficial utilisation ..... lands (regulation) act was enacted in the year 1961 and on the formation of the state of haryana on the 1st of november, 1966 it continued to hold sway over the territories of the newly ..... to compel a proprietor to divide his properties, though self-acquired, between himself and other members o! ..... was right in not applying the strict rule in kochuni's case (air 1960 sc 1080) to the facts here. ..... air 1960 sc 1080 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1980P& H291
..... prohibition, quo warranto and certiorari, or any of them,-- (1a) the power conferred by clause (1) to issue directions, orders or writs to any government, authority or on may also be exercised by any high court exercising jurisdiction in relation to the territories within which the cause of action, who or in part, arises for the exercise of such power, notwithstanding that the seat of such government or authority or the residence of such person is not within those ..... territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus prohibition quo warranto and certiorari, or any of them, for the enforcement ..... article 226 as they stood before and after the 42nd amendment, and also the provisions of section 58(1) and (2) of the 42nd amendment act, which read as under:--(see relevant provisions)'original article 226 amended article 226 226 (1) notwithstanding anything in art 32, every high court shall have power throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases any government, within those ..... of calcutta, air 1960 sc 1355, builders supply .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H340
..... in setting aside and quashing the impugned order and directing the registration tribunal to consider the petitioner's application for registration as a temporary dentist within the contemptation of section 33(2) of the dentists act after requiring him to produce the relevant material in support of his qualifications for such registration the learned advocate general, it must he said in fairness in him, has not opposed this ..... that the date fixed for the receipt of application forms and fee was 1-5-1900 and that though the petitioner's application had been received on 29-4-1960, his fee was received on 2-5-1960 this letter went on to say that under the act a person should have been engaged in dentistry for five years before 1-5-1960 but according to the petitioner's declaration, he had been practising as a dentist only since before 1-11-1956. ..... on 27-1-1960, the governor of punjab appointed 1-5-1960 for the territories, which prior to 1-11-1956 were comprised of the stale of patiala and the east punjab states union, as the date on or before which applications for registration as dentists under section 32 of the dentists act, 1948 accompanied ..... regard to the payment of the requisite fee, it is strenuously argued that the amount having actually been dispatched on 29-4-1960, merely because the post office delivered this amount on 2-5-1960, one day later, oh account of 1-5-1960, being a sunday, the petitioner could not be considered to have committed any default in the payment of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)117PLR367
..... he and any other members of his original political party -(a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or(b) have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph ..... the petitioners also submitted an application for supply of the copies of order dated 16th july, 1993 and a copy of the alleged resolution said to have been passed by the ucpi with regard to merger of congress (i) and the copy of the letter of the chief minister for allowing the seat to the 2nd respondent along with the members of congress (i) but the said documents were not supplied to the petitioners. ..... basing on the provisions contained in the representation of people act, the learned counsel argued that the merger of a political party with another political party should be intimated to the election commission, as no intimation, as envisaged under section 28-a of the act has been given, the speaker cannot recognize any such merger. ..... , air 1996 supreme court 1960, it has been held as follows:' the scope of the legal fiction enacted in the explanation (a) to paragraph 2(1) of the tenth schedule assumes importance in this context. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H298
..... provisions in paragraph 26 of the adaptation of laws order, 1950, which paragraph provides:'where any rule, order or other instrument was in force under any provision of the government of india act, 1935, or under any act amending or supplementing that act, immediately before the appointed day, and such provision is re-enacted with or without modifications in the constitution, the said rule, order or instrument shall, so far as applicable, remain in ..... advocate-general has taken the position that the government has (i) inherent or implied power to suspend a government servant on a charge of misconduct, (ii) power under section 16 of the general clauses act, 1897 (section 14 of the punjab general clauses act, 1s98) to suspend a government servant appointed by it, and (iii) power to suspend under rule 4(v) of the punjab civil services (punishment add appeal) rules, 1952, in which case ..... the previous operation of, or anything duly done or suffered under, any existing law, or any right, privilege, obligation or liability already acquired, accrued or incurred under any such law, or any penalty, forfeiture or punishment incurred in respect of any offence already committed against any ..... union territory of delhi, air 1961 sc 1602, the question was of unguided discretion whereunder discriminatory treatment could be accorded to persons or things ..... union of india, air 1960 sc 493 the question was whether the enquiry was to be under the public service (enquiries) act of 1950 or under rule 55 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H279; (1969)ILLJ679P& H
..... it is strongly emphasised by shri pannu that the law declared by the supreme court is binding on all courts within the territory of india and the supreme court having declared that full pension is a matter of distinction and reduction of pension a matter of discretion, the petitioner before us must be held to possess no right of opportunity of showing cause against ..... erry and the state government has not asked him to explain this by a show cause notice before reducing his pension, but, if i read narasimhachar's case air 1960 sc 247, right, no such opportunity is to be given under rule 6.4 at the time of the reduction in pension provided the service is not found satisfactory as a whole or ..... and naturally, therefore, the district magistrate, the commissioner and the state government were, in view of the matter entrusted to them under the act, held to perform their duties in a quasi-judicial manner shri pannu has also sought to distinguish the supreme court decision in the case of ram dial air 1965 sc 1518 by pointing out that there ..... to have reasonable grounds for his decision, our law is so defective that a subject cannot bring up such a decision for review however seriously he may be affected and however obvious it may be that the official acted m breach of his statutory obligation.the judgment proceeds : 'but it does not seem to follow necessarily from this that the controller must ..... it did not by itself forfeit rights acquired by length of service and regular contribution to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1984P& H105
..... was spelt out as:--(i) whether the objects of the two statutes are similar; (ii)whether the adoption or incorporation is made for the purposes of advancing the objects and purposes of the act adopting the other; (iii) that the adopting legislature had knowledge of the statute which it was adopting; and (iv) some control over the new provisions is retained by the parent ..... from the moment section 5(2) was enacted in its present terms it amounted to abdication of its legislative function by the punjab legislature and the subsequent changes in the 1950 act are sharply illustrative of the adoption of a law, the contents of which, the punjab assembly was not and by its very nature could not possibly be aware ..... not wish to and cannot electoral rolls of its own and could adopt the parliamentary or take a be e1ectoral rolls framed under the representations of the people act 1950 as and when amended and either expressly or by necessary implication makes this intent patent then it cannot be struck down as abdication of legislative functions.21. ..... the learned counsel for the petitioner submitted that when the punjab legislature in 1952 oriqinall9 enacted section 5 of the act it had in terms adopted and accepted an assembly electoral all fixed to the pole-star of a qualifying date of the lst.of march of the year and an annual revision of the ..... union territory of pondicherry, air 1%7 sc ..... 25 of act 43 of 1950 and rules 3 to 28 in part ii of the registration of electors rules, 1960 for preparation .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H238
..... ) which shows that the respondents was full owner of the land in those years which means that in or about 1945 or 1946 he somehow acquired the ala malkiayat rights in the land which rights in those days vested in the ruler of former faridkot state in the territory of which this land is situate.this created some doubt in regard to the nature and character of the land with the respondent for, even if previous to 1945-46 the land of adna ..... property be ignored, but, because such property include ancestral property, so whoever is possessed of ancestral property no matter whether it is 'co-parcernary property' as understood either in dayabhaga or mitakshara he is within the scope of that expression in sub-section (2) of section 19 of the act the approach overlooks the fact that it is not ancestral property in possession of the father-in-law which is the basis of the statutory obligation by 'co-parceranary property,the expression ancestral property has been as well known and ..... there was an amendment of the plaint and the amended plaint was filed on may 20, 1960, but that also restates the same averments as above. ..... ' the same principle was reiterated by our won high court in cases hardawari lal v moti ram, air 1952 punj 416, piara singh v state, air 1960 punj 538 andair 1961 punj 391. ..... ' raghavachariar in his hindu law, 1960 edition, at page 340, on this subject says-' under the dayabhaga there can be no co-parcenary between a father and his son. .....
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