Court : Punjab and Haryana
Decided on : Jan-08-2002
Reported in : II(2002)DMC699
..... anchra kalan (jattan wala), tehsil safidon, district jind. a male child manjeet @ mandeep was born out of this wedlock.3. the wife filed a petition under section 13 of the act seeking dissolution of her marriage on the principal ground of cruelty by the husband and alleging that his elder brother s/sh. shamsher singh and ran singh had ..... affidavits in support of the same.5. the averment in the application shows that the parties are living separately since 23.3.1999 and the petition under section 13 of the act for dissolution of marriage preferred by the appellant before the district judge has failed and was dismissed on 11.4.2001.6. the prayer made in this ..... six months may be taken to have commenced from the date of presentation of that petition before the learned district judge. the record shows that petition under section 13-a of the act was filed before the learned district judge on 10.4.1999.7. i have given thoughtful consideration to the assertions made by the parties in their .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-20-2002
Reported in : 2002CriLJ3131
..... 27-10-1995. on the basis of that information couched in ruqa ex. pc case fir no. 203 dated 27-10-95 was registered at ps patti under section 25 arms act and that he should be ready to conduct raid at his tubewell. si surinder pal singh accordingly reached police station, patti. si sukhdev raj, si surinder pal ..... prepared as to the place of recovery.4. sh. l.d. hans, district magistrate, amritsar accorded sanction ex. pa for the prosecution of the accused under section 25 of the arms act. shri p.d. rana ammunition examiner, punjab opened the sealed parcel produced before him on 2-1-1996 by asi jatinderjit singh. from that parcel, he took ..... and aluminium bombs, he found them in serviceable condition. material checked was sufficient to cause harm to human life and property if ignited. he was qualified ammunition examiner at army ordnance corps, jabalpur in the year 1978. he put the material checked again in the same bag which was sealed with the seal bearing impression 'sr' . sealed parcel .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-08-2002
Reported in : AIR2003P& H48
..... consideration of the provisions of the rules etc., it is clear that the administration is under a duty to provide the amenities as defined in section 2(b) of the act. the roads, water supply, street lighting, drainage, sewerage,public building, horticulture, land scaping and other public utility services are the amenities contemplated under ..... are further of the view that the petitioner could not have delayed payment off instalments on the ground of non-availability of particular amenity at the site. section 2(a) of the act defines the term 'amenity' in the following terms:'2(a) 'amenity' includes roads, water supply, street lighting, drainage, sewerage,public works, tourist spots ..... , town and country planning department to substantiate his plea regarding lack of development. he then referred to the definition of amenity contained in section 2(a) of the act and argued that failure of the respondents to provide all the amenities at the site should be treated as sufficient to nullify the levy .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-21-2002
Reported in : (2003)133PLR382
..... delay in moving this court. 7. in the present case, it is not disputed before this court that in the court of enquiry, which was held by the army authorities to determine the cause of the accident, the petitioner has been absolved of any responsibility for the same. thus, we have case where a personnel belongings to the ..... record office and the appeal is still under consideration. it was also averred that the invalid gratuity admissible under rules 197 and 198 of the pension regulations for the army, 1961 part-i has already been paid to the petitioner. the respondents denied that the appeal was not the efficacious remedy and also pointed out that apart from first ..... member of the force. the nexus between the two is notapparently one so as to cover every injury or accident. the hazards of army servicecannot be stretched/to the extent of unlawful and entirely unconnected acts oromissions on the part of the member pf the force even when he is on leave. the fineline of distinction has to be drawn .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-11-2002
Reported in : [2002(95)FLR993]; (2002)IIILLJ1078P& H
..... and ors., a.i.r. 1970 punjab & haryana 412, wherein it has been held by their lordships that an 'order of reference under section 10(1) of the industrial disputes act is an administrative act of the government...' similarly, in the case telco convoy drivers mazdoor singh and anr. v. state of bihar and ors., a.i.r. ..... (supra), wherein their lordships were pleased to hold that the 'function of the government either under section 10(1) of the central act or a similar provision in a state act being administrative, principles such as res judicata applicable to judicial acts, do not apply and such a principle cannot be imported for consideration when the government first refuses ..... referred to above, it stands amply proved that though the appellant had issued a demand notice under section 10(1) of the industrial disputes act, 1947, but he has not availed of the remedy available to him under the said act as the government had declined to refer the dispute to a judicial or quasi-judicial body, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-24-2002
Reported in : [2003]117CompCas660(P& H)
..... object and purpose as also the consideration necessary for dealing with and disposing of the respective application envisaged under section 34 of the 1940 act and section 8 of the 1996 act. section 34 of the 1940 act provided for filing an application to stay legal proceedings instituted by any party to an arbitration agreement against any ..... judicial authority' would not include an appellate court. and since an appellate court is separate and distinct from judicial authority referred to in section 5 of the arbitration act, 1996, section 5 would not have the effect on ousting the jurisdiction of an appellate court.25. to understand the scope of the instant contention, ..... the company law board.2. the company law board, principal bench, new delhi, while deciding the application moved by the appellants (herein) under section 8 of the arbitration act, 1996, vide its order dated 8.12.2000, arrived at two conclusions ; firstly, that there was no binding arbitration agreement between the parties .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-06-2002
Reported in : II(2004)BC434
..... the cheques issued by respondent no, 2 in favour of respondent no. 1 were dishonoured on account of insufficiency of funds. consequently complaint was filed under section 138 of the negotiable instruments act, 1881, by respondent no. 1 against respondent no. 2 on 19.4.1997. as the petitioner was signatory of the cheques issued, he along ..... 2 to respondent no. 1. during the pendency of the proceedings before the court application dated 6.9.2001 was filed by arun b. deshpande under section 205 read with section 317 of the code of criminal procedure, 1973 (hereinafter referred to as 'the code') seeking permanent exemption from personal appearance before the court in the proceedings ..... appropriate to refer to the observations made in m/s. bhaskar industries limited v. bhiwani denim and apparels ltd. (supra), wherein while taking notice of the provisions of sections 205(1), 251(1), 273 and 317 of the code, it was observed in paras 17 to 19 as under :'17. thus, in appropriate cases the magistrate .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-29-2002
Reported in : 2003(2)ARBLR645(P& H); 2003(3)KLT397
..... the agreement enabling the financier and permitting him to forfeit the payments already made is valid. in my view, such an agreement would be void. section 74 of the act provides compensation for breach of contract. the party complaining breach of contract is entitled to receive from the party, who breaches the contract, reasonable compensation ..... in trust by the pledgee.' while the right of a pawnee to sell goods pledged goods without intervention of the court is statuiorily recognized under section 176 of the act, it is not so recognized under the said provision in respect of hypothecated goods and even in mercantile usage, pledge and hypothecation have different ..... pawnor and to retain the goods as security or to sell the goods pledged on giving pawnor reasonable notice of sale. this right is recognized under section 176 of the act. question is whether hypothecation stands on the same footing as pledge. in central bureau of investigation v. duncans agro industries ltd., calcutta, a.i .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-11-2002
Reported in : I(2003)DMC588
..... that despite that respondent-wife refused to accompany the appellant-husband. it is further alleged that the respondent-wife filed a petition for restitution of conjugal rights under section 9 of the act and exparte decree was passed by the additional district judge on 2.6.1992. on the basis of allegation that the appellant-husband and the respondent-wife have ..... been living separately since 24.1.1992 and also after the decree of restitution of conjugal rights was passed on 2.6.1992, a petition under section 13 of the act was instituted on 24.8.1993 claiming that the appellant-husband has become entitled to a decree of divorce.4. the stand taken by the respondent-wife in ..... this court has permitted the dissolution of marriage by passing the decree of divorce by counting the period of six months from the date of the petition filed under section 13 of the act. this view has been taken in the cases of suresh chand v. kusum, (1998-3)120 p.l.r. 181 (d.b.), jagdish singh v. paramjit kaur .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-12-2002
Reported in : I(2003)DMC572
..... any legal character are judgment in rem. therefore, the status of the parties cannot be said to be of husband and wife. a perusal of sections 24 and 26 of the act would show that the provision with regard to maintenance pendente lite and for payment of litigation expenses are applicable only if the parties are husband and wife ..... petition is directed against the order dated 3.11.2000 passed by learned district judge, julandhar whereby the application of respondent-wife filed under sections 24 and 26 of the hindu marriage act, 1955 (for short 'the act') has been allowed and litigation expenses of rs. 2000/- and maintenance pendente lite at the rate of rs. 1000/- per month payable ..... 2)90 p.l.r. 601 and contended that merely because the wife has contracted a remarriage would furnish no ground to refuse the application of wife under section 24 and 26 of the act especially when the husband has already filed an application under order ix rule 13 of the code of civil procedure, 1908 (for short 'the .....
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