Court : Punjab and Haryana
Reported in : AIR1976P& H1
..... it is not necessary to consider any more cases pointing out the essential characteristics of 'fee' in contradistinction to 'tax', as the specific question whether fee levied under the agricultural produce markets act is 'fee' or tax' has been considered in some cases which are binding on this court and a reference to them may now be made.27. ..... to the provisions of an earlier law made by parliament or an existing law with respect to that matter, then, the law ao made by the legislature of such state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in that state:'provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to amending, varying or repealing the law so made by the legis ..... prior thereto, by an order dated april 2, 1970,' the board then existing was abolished and the abolition of that board was challenged by the petitioners of that writ petition. ..... tax recovered by public authority invariably goes into the consolidated fund which ultimately is utilised for all public purposes, whereas a cess levied by way of fee is not intended to be and does not become, a part of the consolidated fund. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR81a
..... respondent, the defeated candidate, challenged the appellant's election on the ground that he (the appellant) is employed as a fireman in the market committee at sirsa which functions under the administrative control of the haryana state agricultural marketing board, constituted under the punjab agricultural produce markets act, 1961. ..... act, 1994 is maintainable, as laid down by section 89 of this act;(d) section 208 of the punjab panchayati raj act, 1994 is meant only for the purpose of suspension and removal of a panch/sarpanch ..... on behalf of the appellants that:(a) election of a member of the panchayat can be set aside only on the basis of disqualifications prescribed in section 11 of the punjab state election commission act, 1994 which is a special statute and holds the field;(b) section 208 of the punjab panchayat raj act, 1994 stands repealed by section 143 of the punjab state election commission act, 1994;(c) no election petition on a ground, other than those provided in section 11 of the punjab state election commission ..... 143(1) of the state election commission act provides that, 'the provisions of any state law corresponding to the provisions of this act, are hereby repealed.... .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2006(63)ARBLR285(P& H)
..... therefore, contends that it was the arbitration act, 1940 (hereinafter to be referred as 'the old act') which was applicable to the present proceedings. ..... the petitioner did not raise any objection in the earlier revision petition to the effect that the old act should apply and the respondent should be directed to initiate proceedings for making the award 'rule of the ..... a reading of section 85 of the new act makes it apparent that notwithstanding the repeal of the old act, proceedings which had commenced before the new act came into force were to be in accordance with the old actunless otherwise agreed by the parties (emphasis supplied ..... therefore, at this stage, when the entire proceedings have concluded under the new act in which the petitioner had actively participated, i find no merit in this argument raised by the ..... counsel for the petitioner referred to various provisions of the new arbitration act, and submitted since the application filed by the contractor before the arbitrator on 23.03.1998 has not been disposed of and till that application is not disposed of, the award does not attain the force of ..... 716 (sc);by now, it is well settled that the award is final and conclusive except where the arbitrator has misconducted himself or the proceedings or has committed an error of law apparent on the face of the award. ..... counsel for the respondent contended that there is plethora of case-law on this point. ..... , it is not shown that the arbitration agreement was not valid under the law. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2003(3)ARBLR609(P& H); (2003)135PLR445
..... of the petitioner that once the right under the contract was not for a valuable consideration, the same could not be withdrawn tinder sections 202, 203 and 204 of the contract act would not require any detailed examination because the basic ingredient of consideration as required by the aforementioned section is found lacking in the instant case. ..... also argued that the execution of the document was required to be proved in accordance with the provisions of sections 61 and 62 of the indian evidence act, 1872 and for this proposition he has placed reliance on a division bench judgment of the kerala high court in the case of achuthan pillai v. ..... contract for executing certain works from the haryana state agricultural arketing board, (for brevity 'the board'), respondent nos ..... the code of civil procedure, 1908 is directed against the order dated 22.4.1995 passed by sub judge, 1st class, ambaja city dismissing the application of the petitioner presented under section 17 of the arbitration act, 1940 (for brevity 'the act'). ..... come in the cross-examination of raj kumar, general power of attorney that all this three friends are alive and no reason has been assigned to the court as to why those have not been produced in the witness box in order to fortify his allegations. ..... learned counsel for the parties and perusing the record produced by the counsel for respondent no. ..... the petitioner failed to produce any evidence showing that he spent the capital from his own sources in order to execute the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)105PLR1
..... on behalf of the contractor, a preliminary objection was raised that the objection regarding interest had not been taken into the objections filed under sections 30/33 of the arbitration act before the court, nor was any such objection raised during the arguments before the learned subordinate judge, nor was such an objection taken in the grounds of appeal in this ..... that section 4 had been given an over-riding effect over section 3 of the interest act, 1978, and, secondly, expression 'other rule of law' is used in juxta-position with 'any enactment' implying any rule of law as enunciated by the courts, which, in other words, means a rule contained otherwise than ..... m/s pran nath vishwa nath rawlley, 31 air 1977 sc 2014 it was held that where order of reference is made under section 20(4) of the arbitration act, then the claim as a result of the order of reference is limited to a particular relief and the arbitrator cannot enlarge the scope of the reference and entertain fresh claims without a further ..... is called upon to decide the objections raised by a party against an arbitration award, the jurisdiction of the court is limited, as expressly indicated in the arbitration act, and it has no jurisdiction to sit in appeal and examine the correctness of the award on merits (see paragraph 7 of report at page 780). ..... to examine the merits of the award with reference to materials produced before the arbitrator for upholding the same. ..... haryana state agricultural marketing board,1 air 1989 sc .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR174
..... effect of repeal: where this act, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not-(a) revive anything not in force or existing at the time at which the repeal takes effect;or(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder: or(c) affect any right, privilege, obligation or liability acquired, accrued, or incurred under any enactment so repealed or;(d) after ..... the following head of account, after authenticating the treasury challan from the assistant settlement officer (accounts)-cum-managing officer, jullundur, 088 social security & welfare (b) relief and rehabilitation (d) on account of urban evacuee agricultural land purchased from government of india in package deal.10. ..... of possession or losing the possession is a matter which falls within the domain of other authorities under the provisions of law, which should not have been opined by the learned financial commissioner. ..... counsel for the petitioner has argued that the learned financial commissioner, while exercising the powers under section 33 of the displaced persons (compensation and rehabilitation) act, 1954, has erred in law and facts. ..... it is the settled law that a relief cannot be granted beyond what has been asked for, especially when the relief negative in character and nature is to be granted against the respondents .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H86
..... consider evidence, if at some stage of the proceedings leading up to the decision there was something in the nature of a lis before it, then in the course of such consideration and at that stage the body would be under a duty to act judicially.if, on the other hand, an administrative body in arriving at its decision has before it at no stage any form of lis and throughout has to consider the question from the point of view of policy and expediency, it cannot be said ..... section 3(1) of the orissa estates abolition act empowered the state government to issue a notification declaring that the estates specified therein had passed to the state but the notification had to be in respect of the property which was defined as an estate in ..... language employed in the statutory provision containing the immunity in (1896) 40 law ed 819 was in much wider terms and extended to any transaction, matter or thing concerning which the witnesses might testify, or produce evidence, documentary or otherwise. ..... 25 of the bombay general clauses act, 1904 shall apply to the repeal as if that ordinance were an enactment'.while holding that on a true construction of section 15(1) of the bombay building (control on erection) act 1948 and s. ..... westminster assessment committee, 1940-4 all er 132; and ..... durga prosad, air 1940 pc 167, on which reliance was placed by it but we are not satisfied that is correct and, with respect, we consider that the reasons given in the nagpur case for coming to the conclusion that the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)134PLR424
..... owners under whom they are tenant have accepted the compensation however, this objection has no merit in view of the fact that persons interested as defined under section 3(b) of 1894 act includes all persons claiming an interest in compensation io be made on account of acquisition of land and a person is deemed to be interested in land if interest in an easement in the land. ..... outthat the manimajra was a declared agricultural zone in the master plan prepared ..... no building scheme has been framed as per the provisions of section 192 of the punjab act, but the respondents have categorically stated that the scheme for which the land had been acquired, is not a scheme within the meaning of section 192 of the punjab act and the land is being acquired under the act for the purpose of a development scheme for providing facilities to the residents of the area. ..... the counsel for the respondents controverted the arguments and also produced the record particularly the file from the office of the finance ..... the public purpose for which the land can be acquired is defined under section 3(f) of 1894 act which contemplates that any provision of land for executing any scheme of development sponsored by the government or with the prior approval of the government, by a ..... it was thus contended that since identical questions of law and fact have already been adjudicated upon by a division bench of this court in respect of the similar acquisition proceedings, therefore, the present writ petitions are ..... 1940 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)142PLR141
..... and, her father, who had always been against him, ultimately, wrote to the agricultural and forest minister, punjab,on 10.4.1993, for her transfer from bathinda to chandigarh, on a fake ground of ..... it may be mentioned that she admitted, as rw2, that just after two months of her stay (after marriage), at the house of her in-laws, the respondent, at her asking, had separated from his parents and shifted, alongwith her, to another accommodation. ..... joined the company of respondent, at any point of time, after the passing of the decree for restitution of conjugal rights, it was very easy for her to have produced one or two persons ( as witnesses) from bathinda to state so. ..... about the decree for restitution of conjugal rights under section 9 of the act, she pleaded that on receipt of summons issued in that petition, her condition became serious, whereupon the respondent himself sent a message to her that she need not appear in court and he ..... time, he filed a petition under section 13 of the act which she got transferred from bathinda to patiala. ..... he, therefore, filed a divorce petition under section 13 of the act, against her, on 18.5.1994, which was got transferred by her ..... filed a petition under section 9 of the act also, for restitution of conjugal rights. ..... the judgment and decree dated 19.3.1999 vide which marriage of the parties was dissolved by the learned trial court, in a petition filed by the husband-respondent under section 13 of the hindu marriage act, 1955 (for short 'the act'). .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2006P& H160; (2006)142PLR46
..... circumstances, while basing the observations of entries of the jamabandies, the mai dhan is seen to have been the absolute owner to the extent of his share in the agricultural land and the defendants have been unable to prove their ownership over the land, in question. ..... giano deposed her age as 60 years which was challenged by plaintiffs and no cogent proof of age of defendant was produced by the plaintiffs to prove that they were elder brothers of giano, when this plea was specifically taken by the defendant in written statement, plaintiffs have not been able to prove that bhagwani had ..... appearing as pw1 has testified her pleading to the effect that the property measuring 40k-5m being 1/2 share of the agricultural land was gifted to her by mai dhan vide registered gift-deed bearing no. ..... in the second case, both the courts have returned a categorical finding that there was no evidence produced on record by the defendant-respondents to prove that bhagwani mother of the plaintiff-appellant and defendant ..... on a plain reading of section 68 of the evidence act, it is manifest that one attesting witness is required to prove the execution of a document, which by law, is required to be attested provided the attesting witness is alive and subject to the process of the court and is capable of making ..... his age as 65 years in the year 1999 and if hira had died in the year 1939 and bhagwani was married with hira after 1940, then age of the plaintiff must be about 60 years if he is son of bhagwani. .....
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