Court : Punjab and Haryana
Reported in : [1967]63ITR394(P& H)
..... , at page 161, observed :'it will be seen that the receipt, the chargeability of which was in question in the decisions cited for the respondent, were all payments made was compensation for the terminations of agency contracts, whereas we are concerned with an amount paid as solatium for the cancellation of a contract entered into by a businessman in the ordinary course of his business, and that, in out judgment, makes all the difference in ..... that the contracts might be modified, altered or discharged from time to time, and it was quite normal that the business carried on by the appellants should be adjustable to variation in the number and importance of the agencies held by them, and to modifications of the agency agreements, including modifications of their duration, which might be made from time to time'.another case which must be noticed is glenboig union fireclay co. ..... a compensation for releasing the company from the onerous terms as to remuneration as it was in terms expressed to be; so far as the assessee-firm was concerned, it was received as compensation for the deterioration or injury to the managing agency by reason of the release of its rights to get higher remuneration and, therefore, a capital receipt. ..... in that case the decision was based on the fact that the agency agreement, were not entered into by the assessee in the carrying on of their business, but formed the capital asset of the assessees business which was exploited by the assessee by entering into contracts .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)126PLR711
..... requiring him not to leave the country and offering to give any security for returning to india as and when required initially by the investigating agency and joining the investigation and thereafter by the court to face the trial, this court will have to weigh the possibility of the investigating agency as well as the court loosing control over the investigation and the trial on account of the circumstances which may even be beyond the control ..... state, for the present his custody is not required and there would be no difficulty in making the interim order passed by this court on 19.7.2000 granting him anticipatory bail absolute till such time as the investigating agency moves an application for his custody for the purposes of interrogation.10. ..... however, it is hoped that the investigating agency will take steps to expedite the completion of the investigation so as to reduce the ordeals he is likely to face and seek employment with any other employer.17. ..... it is further clarified that if at any stage the investigating agency requires the custody of the petitioner, it will be open to it to move an appropriate application before the illaqa magistrate for the purpose of interrogation who will pass appropriate orders thereon after taking into consideration the relevant material which has been collected by the investigating agency. ..... the investigating agency shall devote maximum time and ensure that some progress is made in the case.'4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)134PLR613
..... it is a different matter that the government in its wisdom thinks it proper to undertake such activities exclusively to the exclusion of the private agency but that would not make the functions of the board as sovereign functions. ..... the sovereign functions of the state are those functions which are inalienable and which the state alone can perform and no other private agency can carry out. ..... can it be said that the functions of the board are such which are inalienable and which no private agency can undertake. ..... the function of preparing schemes for the supply of drinking water and sewerage facilities is not such an activity which a private agency cannot undertake. ..... i have no hesitation in holding that the functions of the board are not sovereign functions of the state and they are such which can be performed by any other agency as well. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR454
..... these are :-(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 being impregnated with governmental character. ..... whether such a corporation is an instrumentality or agency of the state is to be tested on the touch-stone of article 12 of the constitution of india. ..... the apex court in ajay hassia's case (supra) has laid down certain tests to determine whether corporation is an instrumentality or an agency of the state or not? ..... (6) specifically if a department of government is transferred to a corporation, it would be a strong factor supportive of this inference of the corporation being an instrumentality or agency of the government.'8. ..... (5) if the functions of the corporation of public importance and closely related to government functions it would be a relevant factor in classifying the corporation as an instrumentality or agency of the government. ..... (4) existence of 'deep and pervasive state control' may afford an indication that the corporation is a state agency or instrumentality. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2006P& H191; IV(2006)BC248; (2006)143PLR151
..... singh, learned counsel for the petitioner has vehemently argued that the punjab national bank being the executing agency is under a legal obligation to scrutinise the application of the petitioner which in fact was scrutinised and was found to be in order. ..... accordingly, the punjab national bank, respondents 3 to 6 (for brevity, 'the pnb') has been selected as the agency for procuring disbursing and monitoring the 'scheme'.3. ..... the state government has been given free hand to identify the agency from whom the loan is to be procured and disbursed. ..... the application was made to the pnb which was the agency identified by the state government. ..... the implementation agency could either be the state housing boards/corporations or any other specified commercial organisation etc. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2007P& H111; (2007)146PLR708
..... learned counsel has maintained that a writ arising out of a contract executed by an instrumentality or an agency of the state would be competent as has been held by hon'ble the supreme court. ..... counsel with regard to the judgment of hon'ble the supreme court in the case of abl international limited (supra), does not advance his case as the writ petition undisputedly is maintainable against the respondent, which is an agency and instrumentality of a state within the ambit of article 12 of the constitution. ..... it appears to be well settled that for enforcement of contract against an instrumentality or an agency of the state, the aggrieved party can invoke the extra-ordinary jurisdiction of this court under article 226 of the constitution. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR494
..... have to be considered on the basis of the facts available, if such a body is found to be financially, functionally, administratively dominated, by or under the control of the government and these facts are established then it may be found to be an agency of the state; mere regulatory control whether under statute or otherwise has not been considered to make the body as a state. ..... is transferred to a corporation, it would be a strong factor supportive of this inference' of the corporation being an instrumentality or agency of governmentif on a consideration of these relevant factors it is found that the corporation is an instrumentality or agency of government, it would, as pointed out in international air port authority's case, be an 'authority' and, therefore, 'state' within the meaning ..... the society is registered under the act would not be sufficient to hold that it is not an agency or instrumentality of the state within the meaning of article 12 of the constitution. ..... jurisdiction of this court as it is neither an 'authority' or an agency of the state within the meaning of article 12 of the constitution.6 ..... of public importance and closely related to governmental functions, it would be a relevant factor in classifying the corporation as an instrumentality or agency of government. ..... :(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. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)105PLR711
..... re-invitation of tenders tenders may be re-invited by the contracting/purchasing agency after approval by the competent authority in the event of:- (a) any subsequent change necessitated in technical specification. ..... that even after submitting the tenders, no right as such accrues to the party, who has submitted a tender till it is accepted and an order is placed for supply of the articles/goods, the course adopted by the purchasing agency in the facts of the present case is perfectly just. ..... 18 does envisage calling for fresh tenders or to say make counter offers by the contracting/purchasing agencies with the approval by the competent authority. ..... (ii) in emergent cases the competent authority may authorise advance action to be taken by the purchasing agency in anticipation of receipt of formal decision. ..... since the purchasing agency had powers of re-inviting of tenders, it, instead of resorting to this, chose to make a counter-offer to the parties who had submitted their tenders in pursuance to tender notice (annexure p-1). .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)141PLR610
..... 4 another objection raised is that markfed is not amenable to writ jurisdiction of this court because it is not an authority or agency of the state within the meaning of article 12 of the constitution and, as such, no writ is competent against it. ..... therefore, in ramana daya ram shetty's case (supra), the selection made by a governmental agency for running a iind class restaurant and two snack bars at the airport was held to be violative of article 14 of the constitution. ..... , sultanpur (supra) could be applied to the agency like markfed. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)112PLR342
..... servants, and the person holding that post on adhoc basis is one of the applicants for the post, when advertised by the punjab public service commission, subordinate services selection board or any other recruiting/selecting agency, he is also entitled to age relaxation like other government servants, who apply for that post; and(b) a person who is appointed on an adhoc basis and who is later retrenched after having rendered continuous service for a period ..... under the punjab government plus three years, for appointments made otherwise than on the basis of open competitive tests held by punjab public service commission, subordinate services selection board or any other recruiting/selecting agency. .....
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