Court : Punjab and Haryana
Reported in : AIR2009P& H137; (2009)156PLR28
..... the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral tribunal:provided that if the court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may ..... entertain the application within a further period of thirty days, but not thereafter.section 5 of the act is reproduced as under:extension of prescribed period in certain cases.-- any appeal or any application, other than an application under any of the provisions of order ..... the petitioner has now been advised that the appropriate statutory remedy available to the petitioner is to file the petition under section 34 of the arbitration and conciliation act, 1996 seeking setting aside of the award to the extent it refuses to restore the distributorship. the petitioner has withdrawn the appeal vide order dated 7-11- .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2008ACJ1422; (2007)147PLR670
..... the driver of the car also lost his life, is attributable to the carelessness or negligent driving of the car driver or it was an act of god. assailing the findings returned by the tribunal on issue no. 2, learned counsel for the appellants vehemently contended that if a sturdy vehicle like ambassador car is in sound roadworthy condition ..... -appellants and held that their claim petition was within limitation. under issue no. 2, the tribunal, however, held that the occurrence had taken place all of a sudden and it was an act of god. in this view of the finding, the tribunal held that the appellants were not entitled to any compensation and dismissed the claim petition.6. ..... so far as the findings returned by the tribunal under issue no. 1, namely, the claim petition filed by appellant .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2009ACJ54; (2008)151PLR606
..... and 1353 of 1991, filed by the appellant-insurance company. these appeals have arisen out of a single award dated 8.6.1991, passed by the motor accident claims tribunal, sonepat rendered in three different claim petitions in respect of the same accident.2. the claimants filed three separate claim petitions wherein different amounts of compensation were sought. the ..... of the offending truck was in existence at the time of accident in question. the onus to prove the question was on the appellant-insurance company.8. the tribunal on the basis of the evidence on record concluded that the accident in this case had taken place at 3.15 pm on 29.4.1987 whereas the insurance ..... of any specific time mentioned in the policy the contract would be operative from the mid-night of the day by operations of the provisions of the general clauses act but in view of the special contract mentioned in the insurance policy, the effectiveness of the policy would start from the time and date indicated in the policy.11 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)149PLR606
..... section 24(1)(e). every person whose name is entered in the list of advocates has a right to practice in all courts including the supreme court, before any tribunal or other authority. it is, therefore, within the exclusive domain of the state bar councils to admit persons as advocates on their rolls or to remove their names ..... the bar council of punjab and haryana if, on the date of his application, he has crossed the age of 45 years. the rationale for this rule, as forcefully asserted by counsel for the bar council, is the urgent need to maintain standards of professional ethics, integrity and competence, which have been severely eroded on account of ..... by holding and as held by the hon'ble supreme court that impugned amendment is violative of article 14 of the constitution, and ultra vires the provisions of the act.24. though counsel for the bar council of punjab and haryana, was unable to distinguish the aforementioned precedents, his repeated refrain that the amendment seeks to address .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)17VST108(P& H)
..... 232.article 301 is, therefore, not only an authorisation to enact laws for the protection and encouragement of trade and commerce amongst the states but by its own force creates an area of trade free from interference by the state and, therefore, article 301 per se constitutes limitation on the power of the state. article 301 is ..... of punjab or imported from outside the state of punjab as single entry no. 49 existed in schedule 'a' to the vat act providing for tax-free goods. the levy of discriminatory tax came into force with the issuance of impugned notifications, whereby entry 49 in schedule 'a' was substituted, thereby providing for no tax on the ..... to appreciate the contentions raised by learned counsel for the parties, it would be necessary to extract relevant provisions of the constitution of india and also the vat act. the same are extracted below:articles 301 and 304 of the constitution of india:301. freedom of trade, commerce and intercourse.--subject to the other provisions of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)151PLR48
..... is responsible therefore is also not known. what evidence was adduced in support of the respective contentions is also not known. as regard booth no. 44, the tribunal recorded:the case of booth 44 is slightly more complex as only 1023 ballot papers have been recovered from the packet against 1036 shown at the time of the ..... below passed the said impugned order merely on the oral objection of the party, without elaborate discussion on the point in issue and the relevant provisions of the act. there is a lack of application of mind. thus, this case deserves to be remanded to be court concerned. in view of the above, the impugned order ..... and requested for recount of votes. thereafter, respondent no. 2 filed an election petition on may 2, 2005 under section 176 of haryana panchayati raj act, 1994 (for short the act) alongwith application for recounting of votes. the application filed by respondent no. 2 for recounting of votes was allowed by learned additional civil judge (senior division .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2007CriLJ3820
..... also lead to inference that the petitioner purchased the property with the intention to exert his influence and get all the local hurdles removed for getting that the arm of law can not reach any where the law breaker is found. therefore, we are of the view that the findings recorded by the principal secretary, local ..... of the position is what this case is all about. the decree cannot have any impact on the proceedings conducted against the councillor under the punjab municipal corporation act. the suit and the proceedings, based on different causes of action. a detailed show cause notice dated july 21, 2003 was served and the consequent proceedings were ..... a disqualification and he was ordered to be removed as a councillor of the corporation, under the provisions of section 36(1)(b) of punjab municipal corporation act, 1976. this provision enables the government to remove a councillor if 'he has flagrantly abused his position as a councillor or has through his negligence or misconduct .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H257
..... observe as follows:-'the jurisdiction under article 226 of the constitution is limited to seeing that the judicial or quasi-judicial tribunals or administrative bodies exercising quasi judicial powers, do not exercise their powers in excess of their statutory jurisdiction, but ..... memorandum. the revised general principles embodied in the annexure 'will not apply with retrospective effect', but will come into force with effect from the date of issue of these orders, unless a different date in respect of any particular service/ ..... in the earlier case the pronouncement of the supreme court would apply, there appears to be no bar in the arms of this court being extended to the latter category of cases to undo injustice caused to the person concerned.27 ..... correctly administer the law within the ambit of the statute creating them or entrusting those functions to them. the act has created its own hierarchy of officers and appellate authorities, as indicated above, to administer the law. so long .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2008ACJ421
..... said earlier the accident took place on 29.3.1989. the new act came into force on 1.7.1989. the claim petition was filed in september 1989 under the new act. the claim petition was decided, in terms of the motor vehicles act, 1988.(b) the motor accident claims tribunal pronounced its award on 13.8.1993. the first proviso to section ..... instituted in september 1989 i.e. well after the new act had come into force. it was argued that the right to appeal crystallize in favour of the appellants on the institution of the claim petition in the tribunal at the first instance, therefore the law as it was in force on the date of institution of the claim petition shall govern ..... 173(1) of the motor vehicles act (59 of 1988) requires the owner .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)21VST353(P& H)
..... dismissed on march 29, 2007 by the appellate authority (a4). against the order of the first appellate authority, the respondent filed further appeal before the tribunal under section 63 of the vat act. the tribunal has accepted the claim made by the respondent vide its order dated april 11, 2008 (a5). the operative part of the order passed by the ..... punjab general sales tax act, 1948 (for brevity, 'the sales tax act') with effect from march 31, 2005. it is pertinent to notice that under section 5(1a) of ..... condoned as per the provisions of section 14 of the vat act and rule 25(1)(b) of the punjab value added tax rules, 2005 (for brevity, 'the vat rules').2. brief facts necessary for disposal of the controversy raised are that the vat act has come into force with effect from april 1, 2005, which has repealed the .....
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