Court : Punjab and Haryana
..... event of default shall be deemed to have occurred if any of the following events has occurred, unless the same has so occurred as a consequence of a force majeure event: i) the developer fails to obtain all necessary approvals (except environmental clearance from moef; provided however that, in the reasonable opinion of the ca, ..... , thus, falls within expression against the public policy the same was challenged by filing objections as envisaged under section 34 of the arbitration and conciliation act, 1996 (for short 1996 act ), but the objecting court has wrongly and perversely dismissed the same. the developer failed to lead any evidence, much less prove on record the ..... in my view, the award of the arbitral tribunal is against the public policy and the objections were, thus, within the realm of section 34 of 1996 act, but the objecting court dismissed the same without appreciating the aforementioned facts. it appears that the developer did not show any interest, rather lost the interest in .....
Tag this Judgment!Court : Punjab and Haryana
..... may be associated with religious practise or to provide for social welfare and reform. it was further held that the authorization must be by law having the force of a statute and not a mere executive or a departmental instruction. 18. ..........article 25 is an article of faith in the constitution, incorporated in recognition ..... of righteousness, truth and virtue. the sword is considered synonymous with god, the primal generative principle, the supreme power to sustain moral order and to annihilate negative forces. in this way the guru conveyed to the khalsa, as an individual as well as a corporate body, that they, as wielders of the sword, should ..... provisions of the constitution. in commr., hindu religious endowments v. sri lakshmindra thirtha swamiar of sri shirur mutt, air 1954 sc 282, holding that the constitution protects not only the freedom of religion but also protects acts done in pursuance of religion it was observed as under: 18. the guarantee under our constitution not only .....
Tag this Judgment!Court : Punjab and Haryana
..... addition to the above mentioned education qualifications, the candidates must have passed the punjab state teachers eligibility test-i (p.s.t.e.t.-i) under rte act as conducted by govt. of punjab. 3. mode of selection: the final merit list of the eligible candidates will be prepared of the candidates fulfilling the educational ..... years' elementary teachers training course, the mandatory requirement was that the candidate should have passed the pstet-i, conducted by the state government, under the right to education act, 2010. the cut off date was fixed as 02.12.2015. relevant portion of the educational qualifications requirement are as under: 2. educational qualifications. i) matric/ ..... stalled and therefore, the vacation of the interim order was also prayed for. it was further pleaded that the year under the general clauses act, 1897 and the punjab general clauses act, 1898, year would be the british calendar year. the earlier test was held in july, 2014 and therefore, if the test was being .....
Tag this Judgment!Court : Punjab and Haryana
..... apposite to examine the judgments that have been cited at the bar by both the sides. in rajendra prasad's case (supra), in a trial for offences under the ndps act 1985, there was negligence on the part of public prosecutor as he closed the evidence of the prosecution twice without verifying whether cross examination of two material witnesses had been ..... support reliance is placed upon the decisions of the hon'ble supreme court reported as rajendra prasad vs. narcotic cell (1999)6 scc 110, raghunandan vs. state of u.p. air 1974 sc 463, p. chhagan lal daga vs. m. sanjay shaw (2003)11 scc 486, p sanjeeva rao vs. state of andhra pradesh (2012) 7 scc 56. 6. ..... ensure that the essential questions were not left unanswered. in p. chhagan lal daga's case (supra) in a case of trial under section 138 of the negotiable instruments act, 1881, when the case was posted for judgment, the learned trial court allowed the application under section 311 cr.pc for leading additional evidence in the shape of the .....
Tag this Judgment!Court : Punjab and Haryana
..... is an extraordinary remedy provided for by the statute itself. it has been stated by krishna iyer j. in jolly george varghese v. the bank of cochin, air 1980 sc 470 that where there is established an element of bad faith, some deliberate or recusant disposition in the past, or current means to pay the decree ..... court. 11. the statutory registers are quite a handful and there are no references to the following documents in the affidavit. the following sections of the companies act enjoin the maintenance of register:- sectionregisters/book/returns49(7)register of investment in shares or securities made by a company that are not held in its own ..... petitioner defendants complaining oppression and mismanagement of the affairs of krishna real estate enterprises pvt. ltd., under sections 397, 398, 399, 402 and 403 of the companies act, 1956. the said petition was allowed by the clb by an order dated 09.12.2013 directing the defendants, inter alia, to hand over the physical possession .....
Tag this Judgment!Court : Punjab and Haryana
..... scales of pay including special pay, as may be sanctioned by the board from time to time. the scales of pay and special pay at present in force in respect of specified posts are given in appendix-`b on notice, the respondents have filed separate written statements. on behalf of respondent no.1, it ..... through commissioner and secretary to government haryana, industries department, haryana, 2012(4) sct 139, wherein, broadly analogous provisions of the punjab khadi and village industries board act, 1955 and the haryana khadi and village industries board service regulations, 1976 were under consideration, this court observed:- 5. there is another issue as well of whether ..... haryana civil secretariat. i have heard learned counsel for the parties and have gone through the paper-book. the short issue raised herein is, whether the act and the regulations governing the respondent - board confer powers on the board to revise pay-scales of its officials without the concurrence of the department of .....
Tag this Judgment!Court : Punjab and Haryana
..... present petition seeking regular bail was vehemently opposed by learned counsel appearing for cbi by submitting that the petitioner is a member of the chandigarh police force and wields considerable influence and consequently would be in a position to tamper with the witnesses/evidence. with regard to such submission, it is observed ..... the present petitioner for demand, acceptance and recovery of bribe money which would otherwise be the three basic ingredients for offence under the prevention of corruption act. it has also gone uncontroverted during the course of arguments that transcripts of conversation between complainant guneet kaur and sanjay dahuja, between complainant guneet kaur, ..... to be taken note of is the punishment that could be imposed after trial and conviction, both under the indian penal code and prevention of corruption act. otherwise, if the former is the only test, we would not be balancing the constitutional rights but rather "recalibration of the scales of justice." .....
Tag this Judgment!Court : Punjab and Haryana
..... to headquarters office for further necessary action as in the ambala division, there was no competent authority to accept the voluntary retirement of a gazetted officer of railway protection force. on 6.2.1989, after a lapse of 2 months and 16 days, the petitioner submitted a request for withdrawal of voluntary retirement notice, which was also ..... legal representative. as pleaded in the petition, the facts are that in the year 1956, davinder singh randhawa (herein referred as `the petitioner') had joined the railway protection force as sub inspector. in 1968, he was promoted as inspector and as inspector grade-i in the year 1983. in the year 1984, he was promoted as assistant ..... the petitioner did not report for duty taking the plea that orders for joining duty were not received by him. it is the case of the respondents that this act of the petitioner clearly reflects that he intentionally avoided to receive the orders as well as to report for duty. he finally reported for duty on 27.9. .....
Tag this Judgment!Court : Punjab and Haryana
..... that if the respondents are disputing the relationship of landlord and tenant they should have filed a rent petition under the haryana urban (control of rent and eviction) act, 1973. heard learned counsel for the parties and perused the record. in this petition, the only question that requires adjudication is the validity of the award of ..... if the assertion of the the petitioner that he is a tenant is correct, he is not without legal redress. like other rent restriction acts, the haryana urban (control of rent and eviction) act, 1973 contains sufficient provisions with regard to the obligation of the landlords to provide and not to interfere with the amenities enjoyed by the tenants ..... 4.1989 was issued by vishwakarma samaj bhavan. the firm m/s sheonarain sanjay kumar was registered under the central sales tax act. the firm was also registered under the haryana value added tax act (for short 'the act') w.e.f. 01.04.2003 (annexure p-4). after the death of the father of petitioner no.1 in .....
Tag this Judgment!Court : Punjab and Haryana
..... inter-alia, on account of the company law board having constituted its board of directors, the respondents in exercise of the powers conferred under section 23 of the 1975 act granted the petitioner the said exemption for setting up the colony on the terms and conditions stipulated therein. we set out paragraph-2(vi) of this exemption order earlier. ..... ." 15. a division bench of this court by an order and judgment in urban improvement co. (p) ltd. v. state of haryana 1993(2) plr 317/ 1994 air (punjab) 53, quashed the communications dated 20.04.1988 and 07.01.1992 as well as a communication dated 14.09.1992 by which the petitioner was required to execute ..... and secretary to government, haryana, town and country planning department, by a letter dated 05.04.1982 in exercise of the powers conferred under section 23 of the 1975 act granted the petitioner exemption for setting up a residential colony subject to the following terms and conditions. paragraphs-2(i) and (vi) and 3 of the said letter .....
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