Court : Punjab and Haryana
Reported in : 1989CriLJ722
..... 1978 to 6th may, 1980 under the orders of this court and that later the petitioners did not co-operate with the investigating agency, they failed to produce their partnership deed. ..... delhi bitumen sales agency registered is a firm carrying on business of purchase and sale of bitumen. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1998]94CompCas521(P& H)
..... the very conduct of the respondent-company shows that it has failed to discharge its obligation under the terms and conditions of the agreement as a result of which the petitioner was compelled to surrender the agency and claim the refund. ..... bhardwaj gas agency has filed this petition under sections 433 and 434 read with section 439 of the companies act (hereinafter referred to as 'the act'), praying that appenzell petroleum products private limited be ordered to be wound up for ..... the terms and conditions of this letter are standard terms applicable to such an agency. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1978CriLJ20
..... ' relying upon the afore-mentioned provisions, the learned advocate-general of haryana had contended that not only is the investigating agency entitled in a proper case to interrogate the accused in custody but in order to obtain admissible evidence of incriminating facts having been recovered in consequence of information received from the offender he must necessarily be in the custody of a police ..... another reason which impelled the learned judge to confirm the interim grant of anticipatory bail was that the investigating agency claimed that it was difficult to effect recoveries during the short intervals when the petitioners were ordered to appear before the investigating officer which was not a good ground.from this judgment, we ..... the interrogation of the accused may well bring to light incriminating material there can hardly be any justification for denying the investigating agency their only mode of securing admissible evidence with regard thereto and connecting the same with the offender. ..... the end-result of the grant of anticipatory bail in such a case, therefore, would be that the investigating agency must thereafter be denuded of its right to interrogate the offender in custody and the magistracy denied its discretion to grant a police remand, however incriminating the material on which this may be ..... the aforesaid proposition is the question of the admissible evidence which the investigating agency is entitled to secure from the offender himself during the course of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1989CriLJ1309
..... appointment of a police officer manning the office of director of prosecution has been advanced further with the help of established principles of law as well as precedents, to contend that the very appointment of a police officer incharge of the prosecution agency lies directly counter to the impartial and fair trial in the court of law, as the director of prosecution belonging to police department will always be anxious to secure maximum convictions in the state cases by exerting all sorts of influences ..... and more senior prosecutors as assistant district attorneys and district attorneys used to handle the cases, however, with effect from 1st of april, 1974, the state government merged both the wings of the prosecution agency and placed the unified wing under the control of the director of prosecution, as a consequence thereof, the institution of prosecuting sub inspectors, prosecuting inspectors and prosecuting deputy superintendents of police stood abolished and was replaced ..... from the control of the police department in the state of haryana, but in the very next year the state government started toying with the idea of reverting to the old system by bifurcating the unified prosecuting agency and by placing the prosecutors conducting criminal trials up to the level of the magistrates under the administrative and disciplinary control of the superintendents of police and those who were entrusted with the prosecution work in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1977P& H196
..... at all times, from the beginning to the end of his career, be in top form, asit were, can it be said that, the administrative agency has laid down an unreasonable rule if the administrative agency thinks that ability and other qualities of leadership should be discovered as early as possible and fostered, can any legitimate exception be taken to it can it be said that the administrative ..... agency has acted with total unwisdom in preferring youth to middle age in the matter of first promotion from the post of constable to head constable so that those that are promoted are young enough to have ..... the other hand, the very prescription of the maximum age of 30 for selection for promotion of a constable indicates that the administrative agency responsible for making the rule expects from constables aspiring promotion a display of their talent and their ability from the very commencement of ..... true, a constable must languish in the inferior post for 28 years if he is not selected for promotion, but if the administrative agency thinks, having regard to the onerous duties and responsibilities of the police force and the special qualities of endurance and leadership required of its members, that a member of that force aspiring promotion should .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H70
..... particularity to the respondent-medical college :--' (1) one thing is clear that if the entire share capital of the corporation is held by government it would go a long way towards indicating that the corporation is an instrumentality or agency of government; (2) whether the financial assistance of the state is so much as to meet almost entire expenditure of the corporation, it would afford some indication of the corporation being impregnated with governmental character; (3) it may ..... the corporation enjoys monopoly status which is the state conferred or state protected; (4) existence of deep and pervasive state control may afford an indication that the corporation is a state agency or instrumentality; (5) if the functions of the corporation are of public importance and closely related to governmental functions, it would be a relevant factor in classifying the corporation as an instrumentality ..... nor can it be said as a rule that privately owned and managed institutions imparting higher medical education would become instrumentalities or agencies of the state merely by virtue of the provisions of the indian medical council act or the respective universities to which they may stand affiliated; and (iv) regulation ii of the medical council ..... as a rule that privately owned and privately managed institutions imparting higher medical education would become instrumentalities or agencies of the state merely because of the provisions of the indian medical council act or the universities, to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)107PLR59
..... 1985 j & k 33(f.b) it was held that:-'if on consideration of various facts, it is found that the corporation is an instrumentality or an agency of the government then it would be an 'authority' and, therefore, 'state' within the meaning of the expression in article 12 of the constitution of india. ..... in determining whether a corporation or government company or a private body is an instrumentality or agency of state amongst others, the following tests would be applicable:-(a) the volume of financial assistance received from the state. ..... 487, the court enlarged the concept of the 'instrumentality' or agency of the government of india in holding that it is not limited to a 'corporation' created by the statute but it is as well applicable to the government company or society.8. ..... the concept of instrumentality or agency is not limited to a corporation but is equally applicable to a company or society and in a given case it would have to be decided on consideration of relevant factors whether the company or society is an instrumentality or an agency of the government so as to come within the meaning of the expression 'authority' in article 12 of the constitution of india which is amenable to the writ jurisdiction of the high court. ..... in the above mentioned case, the hon'ble supreme court held that 'even private body or a corporation may, however, be included within the definition of state, if it acts as an agency of the government'. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2006CriLJ3472
..... from the applications, it is evident that the slow progress of the investigation may be attributable to:i) the shortage of man power, which the premier agency is able to place at the disposal of the investigating officer; andii) the fact that the agency has to work in a hostile atmosphere as the followers of the dera consider the investigation to be an unwarranted intrusion into the privacy of the religious institution.as a consequence whereof, ardent followers have at times resorted to staging of ..... after perusing the same, it becomes evident that though the investigating agency has made efforts to resolve the mystery about the killing of ram chander chhatarpati and the allegations contained in the anonymous letter on the basis of which directions were issued in criminal ..... down this pious desire of court, we deem it appropriate to monitor more often than we have hitherto been doing the progress of the investigation even of the premier agency, which will submit a monthly report regarding the investigation.10. ..... this hostility and non-cooperation to which the investigating agency attributes the delay in the completion of the investigation ..... the powers that be in the agency, it is hoped, would be able to sort out the problems satisfactorily at their own level without embarrassing this court with ..... important in the interest of the accused persons as well as the dera that the allegations and insinuations, if not true, must be put to an end by a specialist investigating agency i.e. c.b.i. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1996P& H215; (1996)113PLR230
..... of expression 'other authorities' has been debated in and outside the courts and although the courts have consistently made attempts to formulate broad indicias on the satisfaction of which such body could be treated as an agency/instrumentality of the state but diversity of the factual matrix of different cases has led to apparently conflicting judgments of the apex court as well as various high courts. ..... therefore, merely because the government has chosen to issue guidelines for allotment of plots through agency of the allotment committee, it cannot be said that the government has deprived itself of the authority to interfere in such matters where the decision taken by the delegatee is found to be arbitrary, unreasonable, unjustified or contrary to the constitutional ..... to introduce new designs and procure latest technology with the aid of state agency or government of india or from abroad and pass it on to local hosiery and knit-wear ..... argued that even if 100 per cent shares of the corporation are held by the government, it cannot be treated as an instrumentality or agency of the government so as to be treated as 'state' under the article 12 of the constitution of india.9. ..... 3.2 the applications would be received directly by the respective departments/agencies which developed the industries, focal points, industrial areas and growth ..... basis of the above discussion, it is held that the corporation is an agency/ instrumentality of the state and is amenable to writ jurisdiction.18. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H265
..... ' it has also been emphasised in that judgment that the governor cannot hold any enquiry through his own agency even when he does not feel satisfied with the re, commendation made by the high court. ..... the order that the governor passes under article 311 is not merely a formal order but an order based on an appreciation of the material placed before him by the agency which had held the departmental inquiry. ..... government beine a formal agency to implement it? ..... courts and courts subordinate thereto is concerned, the power is derived by the high court from article 235 and this power of the high court is absolute in its own sphere and is not shared by any other agency. .....
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