Court : Punjab and Haryana
Reported in : (2010)157PLR291
..... is that jai pal son of sharda ram was the big landowner. his land was declared surplus under the provisions of punjab security of land tenures act, 1953 (hereinafter to be referred as 'the punjab act') vide order dated 28.7.1960 (annexure r1) by the competent authority. he challenged the same before the statutory authorities. ..... it may, now coming to real controversy between the parties, reference may be made to the haryana act, which came into force in 1972 and appointed day was nominated as 24th day of january 1971. section 33 of this act deals with repeal and savings, which is in the following manner:33. repeal and savings.-(1) ..... the provisions of the punjab security of land tenures act, 1953, and the pepsu tenancy and agricultural lands act, 1955, which are inconsistent with the provisions of this act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)156PLR559
..... companies in particular, as to - (a) the purposes for which advances may or may not be made,(b) the margins to be maintained in respect of secured advances,(c) the maximum amount of advances or other financial accommodation which, having regard to the paid-up capital, reserves and deposits of a banking company and ..... petitions have been filed.2. civil writ petition no. 2224 of 2005 purports to have been filed in public interest by members of what is described as border district and punjab allied industries association. the remaining petitions forming part of this batch have been filed by different industrial units, who are in default of ..... duty to act. the reserve bank of india is the prime banking institution of the country entrusted with a supervisory role over banking and conferred with the authority of issuing binding directions, having statutory force, in the interest of the public in general and preventing banking affairs from deterioration and prejudice as also to secure the proper .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)156PLR361
..... concerning society or the affairs of the society, every member of the cooperative society would be deemed to have been granted one vote. chapter iv of the act deals various aspects of the cooperative societies including its management through summoning of meetings, nomination and co-option on committee, election of office bearers, appointment of ..... their contents and averments are almost similar. a preliminary objection has been taken by the respondents that as per provisions of section 28(2) of the act the instant petition is not maintainable because once the election process is started the same cannot be postponed and any dispute pertaining to election could be entertained only ..... election in the general meeting of the cooperative society.ii. the candidates to be elected who secure the highest valid votes will be considered as electedi.e.: total no. of candidates = 20to be elected = 7those seven who secure highest votes will be elected.iii. a voter can exercise only one vote and can vote .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)156PLR52
..... below, were right, in j coming to the conclusion, that balwant singh, appellant, was not entitled, to the protection, under section 41 of the transfer of property act, as the property was transferred, in his favour during the pendency of litigation, in respect thereof. the submission of the counsel for balwant singh, appellant, thus, being ..... , the counsel for balwant singh, appellant, submitted that, the appellant, was the bonafide purchaser, and, as such, protection of section 41 of the transfer of property act, was available to him. the submission of the counsel for balwant singh, appellant, in this regard, is legally incorrect. a person who purchases the property, during the ..... decree for specific performance of the above said agreement? oppiii) whether the possession of the plaintiff can be protected under section 53a of the transfer of property act? oppiv) whether the suit of the plaintiff is not maintainable in the present form? opdv) whether the suit of the plaintiff is bad for mis- .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)155PLR754
..... be regarded as pension.(ii) death-cum-retirement gratuity shall be admissible with reference to emoluments at (i) above under the orders/rules (including that in respect of ceiling) in force immediately before coming into effect of the revised rules with effect from 1st day of january, 1996.explanation: in this sub-clause, emoluments means 'pay' as defined in first provision ..... january, 1996 and the 31st december 1997, and exercises an option to retain the prerevised scale of pay and draws pension and death-cum-retirement gratuity under the rules in force immediately before the 1st day of january, 1996, the pension and death-cum-retirement gratuity in such cases shall be regulated as follows:(i) pension shall be calculated at fifty .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2010)157PLR1
..... before 12.1.1999 as the legislature has specifically repealed the ordinance and retained the liability to pay tax only from the date on which the act came into force. thus, the 1998 act has not retained the applicability clause of ordinance imposing cess for the period from 15.10.1998 to 11.1.1999.10. besides, no cess ..... articles 301, 302 and 304. for example, for installation of pipeline carrying gas from gujarat to rajasthan, which passes through m.p., a fee charged to provide security to the pipeline will come in the category of manifestation of regulatory power. however, a tax levied on sale or purchase of gas which flows from that very pipe ..... stations in punjab, and out of which 50% are situated on the highways and 40% on the inter-state borders. in case of 40% petrol pumps, the vehicle owners prefer to purchase petrol or diesel from across the border where the rate is cheaper. according to learned counsel, the imposition of impost without providing infrastructure is arbitrary which .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)156PLR489
..... are males only. the petitioner administration shall also explore the feasibility of employing retired lady police officers/officials or in the alternate ex-army personnel for the outer security purposes of such institutions;41. we record our appreciation for the fair manner in which sarv shri h.s.mattewal and h.s.hooda, learned advocate generals for ..... the person whose capacity is at issue shall be entitled to be represented by a counsel. if the person whose capacity is at issue does not himself or herself secure such representation, it shall be made available without payment by that person to the extent that he or she does not have sufficient means to pay for it. ..... retarded persons. we say so for the reason that in the context of termination of pregnancy being a penal offence prior to the 1971 act came into force and one of the objects of the act being permitting the termination of pregnancy on humanitarian grounds when it is caused by a sex crime like rape or intercourse with a lunatic .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2009NOC2988(F.B)(P&H)
..... sikh minority institute, and as such, enjoyed a special status under the constitution of india. in a letter received by us, the tone and tenor was almost bordering on a threat. we were advised that no human institution can define the sikh religion, and as such, even an attempt should not be ventured in that ..... state government under the provisions of sub-section (1) shall when made be published in the official gazette. (3) bye-laws framed under this section shall have force of law." the proviso under clause (c) of sub-section (1) restrains the board from disqualifying an individual who is a "sehajdhari sikh" for membership of ..... reasons. the enactment provided purely for a "sikh management" of "sikh interests" secured by statutory and legal sanction. the scheme of management provided under the gurdwara act of 1925, introduced elected members and formation of committees of management. under the gurdwara act of 1925, the functions and powers of the elected members and of the committees .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)155PLR608
..... . the fraud in a civil suit is to be established like any other fact on the basis of preponderance of evidence. the fraud is an act of deliberate deception with a design to secure something from another, which is not proved in this case. in the case in hand, parties were closely related. it is not the pleaded ..... . the fraud in a civil suit is to be established like any other facts on the basis of preponderance of evidence. the fraud is an act of deliberate deception with a design to secure something from another. in this case the parties were closely related. the sisters are married and had been living in their matrimonial homes. they are ..... and the defendant/respondent no. 1 has only obtained the signatures of the plaintiff/appellant and defendant/respondent no. 2 merely on asking that same are for giving the security; that no notice regarding sanctioning of mutation was ever given to the plaintiff and defendant no. 2 which was mandatory3. in the written statement, contesting defendant no. 1 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]152CompCas231(P& H)
..... up order, the unsecured creditors were to the tune of rs. 43,02,884.33, preferential creditors were to the tune of rs. 14,87,862.80 and secured creditors were to the tune of rs. 33,75,649.33. to its own shareholders, it owed about rs. 10 lakhs. the list of unsecured creditors and ..... distribution of proceeds required to be done under section 529a of the companies act. this court, had occasions to deal with interplay of the state financial corporations act and the companies act and the powers under the companies act in relation to action of securiti-sation of companies under the sarfaesi in pegasus asset reconstruction p. ltd. v. haryana concast ltd. decided ..... held that a decree obtained subsequent to the order of winding up without resorting to a procedure under section 446 shall be void. reading section 537 of the companies act, the court ruled (page 409) : 'mere enforcing execution is impermissible under this section what to say of attachment or sale of such property without the leave of .....
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