Court : Punjab and Haryana
Decided on : Sep-18-2013
..... demolished watercours.in question is a sanctioned watercourse. 2. that vide order dated 31.10.1995 passed under section 20 of northern india canal and drainage act 8 of 1873 and punjab amendment act 23 of 1965, true translated copy of which is annexed herewith as annexure r-1, the divisional canal officer, harike division, canal colony, ferozepur, ..... respondent, irrigation and more production undersigned finds concurrence with the request of respondent. the appeal is dismissed u/s30f of the northern india canal and drainage act 8 of 1873. punjab amendment 23 of 1965. meaning thereby decision of divisional canal officer, canal division, ferozepur dated 25.1.2010 is upheld. . it is apparent from ..... in question is also clearly shown in the map of warabandi duly sanctioned by the learned deputy collector, eastern canal division, ferozepur vide order dated 14.3.2007, copy of which is also annexed herewith as annexure r-4 for kind perusal of this hon'ble court, which further goes to show that the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-20-2013
..... 7. the hon'ble apex court in maharashtra state financial corporation vs. ashok k.agarwal & others 2006 (9) scc 61.noticed that section 31 of the act was amended in the year 1985 which gave the right to proceed against the surety. accordingly, it was held that article 137 applies and the application filed against the ..... sub-section (aa) in section 31 (1) of the act. even after this amendment the appellant did not wake up to take any step against the sureties in the present case. notice was issued to the sureties only on 7th december ..... against the said borrower on 25th october, 1983. the liability of sureties had crystalised then. the amendment under section 31 of the state financial corporation act which authorises the state financial corporations to take action under section 31 of the act for enforcing the liability against the sureties, was brought about in the year 1985 by introduction of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-11-2013
..... nomenclature of the statutory rules, governing the service, the rules cater to class-iii service in the school cadre of the department of education, punjab, but this amendment came into existence prior to coming into force of the pay scales which became effective from 1.1.1996. implementing the recommendations of the 4th pay commission with regard ..... more marks than the cut-off marks fixed, appeared for scrutiny of his papers and certificates in original on 13.11.2006. another public notice dated 9.11.2007 (annexure-p-9) was published in the daily tribune, stating therein that for recruitment of 20 posts of lecturer (biology).one post has been kept reserved for the ..... for consideration for appointment to the post. such authority issuing it, is bound cwp no.12251 of 2009 -7- by such representation and cannot be permitted to act contrary thereto. in support of this contention, reliance has been placed upon the judgment of the hon'ble supreme court in pramod k. pankaj versus state of bihar .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-12-2013
..... pleadings at any stage of the proceedings. in pirgonda hongonda patil versus kalgonda shidgonda patil & ors.air 195.sc 36.which still holds the field, it was held that all amendments ought to be allowed which satisfy the two conditions: (a) of not working injustice to the other side, and (b) of being necessary for the purpose of determining the ..... manner, has to be considered by the court at the time of hearing of the appeal on merits. insofar as the principles which govern the question of granting or disallowing amendments under order 6 rule 17 c.p.c.(as it stood at the relevant time) are concerned, these are also well settled. order 6 rule 17 c.p.c ..... support of his arguments, learned counsel for the petitioner has placed reliance on the judgment rendered in gurdial singh and others v. mam chand and others rs.no.2950 of 2007, decided on 7.10.2010. opposing strongly, learned counsel for the respondent no.1 submits that the order passed by the learned firs.appellate court is legal and valid, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-11-2013
..... fact that most of the constructions raised by the petitioners were before issuance of notification under section 4 of the act or that the state government itself has taken the policy decision dated 26.10.2007 as well as later policy decisions for the release of such properties none-the-less he urges and rightly so ..... this order chandigarh cwp no.4498 of 1993 and connected cases. [7].circumstances, the government has felt the need to review the policy referred to above. the amended policy regarding release of land will be as under:- 1. only those requests will be considered by the government for release of land under section 48(1) where ..... into a colony may also be considered for release subject to the condition that ownership of the land is prior to the notification under section 4 of the act. in case, individual land owner makes application for grant of licence in collaboration with the developer/colonizer, the collaboration agreements should be registered before the registering authority .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-11-2013
..... in it and thus the words used therein were never in doubt or any omission in phraseology had occurred which needed to be supplied by amending act and there is nothing in the amending act either expressly or by necessary implication that it intended to be retrospective and has held that it has no retrospective operation and therefore arguments of ..... suit was filed on 16.07.1983 and the first judgement and decree was passed on 28.01.1986 and thus the moot question that arises is if the haryana amendment act, 1995 has a retrospective effect or a prospective effect. a five bench view of the hon'ble supreme court in shyam sunder' s case (supra) have determined ..... i attest to the accuracy and integrity of this document chandigarh rsa no.285 of 1987 (o & m) 4 the coming in force of the amendment to punjab pre-emption (haryana amendment) act, 1995 and therefore respondent no.1 cannot claim preferential right to pre-empt. learned counsel has placed reliance upon the judgement of hon'ble the supreme .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-12-2013
..... enables the government to protect revenue already collected. it would be appropriate to point out that assessment proceedings against the petitioner concluded on 13.6.1989 whereas the amending act came into force on 1.10.1989, much after the petitioner had been assessed to sales tax. furthermore, a reference to the objects and reasons of the ..... attest to the accuracy and integrity of this document chandigarh cwp no.431 of 1991 -:3. :- 1.4.1989 (the date of coming into force of the amendment act).have been held not liable to pay sales tax. counsel for the state of haryana submits that appraisal of sections 11 and 68 would clearly reveal that the ..... kumar 2013.08.22 14:51 i attest to the accuracy and integrity of this document chandigarh cwp no.431 of 1991 -:6. :- amending act, leaves no ambiguity that the amendment was occasioned by the 46th amendment to the constitution of india, clarifying that works contracts are placed within the purview of sales and, therefore, exigible to tax. in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-12-2013
..... minister and chief parliamentary secretary, respectively are misusing their position by putting pressure upon the witnesses. learned counsel for the complainant also submitted that object of amended act of 2008 in the code of criminal procedure was to ensure fair and speedy justice and to adopt certain measures to prevent growing tendency of witnesses who ..... not be restricted to those exceptional cases where arrest of the accused is imperative keeping in view the facts and circumstances of the case. the object of amendment act of 2008 was to ensure fair and speedy justice and to prevent growing tendency of witnesses being induced or threatened to turn hostile by the accused party ..... who are influential, rich as well as powerful, which is as under:-. the need to amend the code of criminal procedure, 1973 to ensure fair and speedy justice and to tone up the criminal justice system has been felt for quite sometime. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-11-2013
..... we, thus, find that no substantial question of law arises. this appeal is, accordingly, dismissed. ita no.657 of 2010:15. here the revenue has proposed the following amended questions of law: 1. whether on facts and circumstances of the case the hon ble itat is justified in law in deleting the addition of rs.30,375/- and rs ..... out of ita nos.663 & 657 of 2010 -2- the impugned orders of the tribunal. learned counsel for the revenue took adjournment to amend the questions of law. subsequently, applications were filed for amending the questions of law on which orders dated 4.3.2013 were passed to the effect that these applications shall be considered along with the ..... main case. before we come to the amended questions raised, it may be necessary to give short background of the case.2. a search under section 132 (1) of the income tax act, 1961 was conducted of the residential premises of the assessees on 5.10.1995. in that search .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-12-2013
..... rejoinder issued on 16.07.1983 where it was contended that the document alleged to have been executed on 23.03.1983 authorizing the arbitrator to make or amend an earlier award was a mere forgery and fabrication. it was, however, contended that he had not authorized the arbitrator to issue any other instrument. ( ..... proceedings under section 34. the third circumstance is whether the award is otherwise improperly procured or invalid. the invalidity of the award is attributed to the alleged act of the arbitrator in assuming jurisdiction without express authority. we have already rejected that contention. the first award did not really conclude anything. they allowed for ..... aside the order of the additional senior sub judge, ludhiana. the court of first instance entertained a petition under sections 14 and 17 of the arbitration act, 1940 directing the arbitrator to file an award dated 02.08.1983 regarding two properties which were house and industrial plot with business carried at the industrial .....
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