Court : Punjab and Haryana
Reported in : 1974CriLJ113
ORDER1. One Jagdish Lal of village Bishanpura, Police Station Pilani (Rajasthan), was involved in a case under Section 304A, Indian Penal Code. On 26th July, 1968, Satya Narain stood surety for him before the police undertaking to produce him either before the police or a competent Court, if and when required and if he failed to do so, he undertook to nay Rs. 2,000/- to the State of Haryana. The case against Jagdish Lal was tried by the Judicial Magistrate Ist Class, Bhiwani, and he did not appear before the Court, with the result that the learned Magistrate issued non-bailable warrants against him but to no effect. Notice was, consequently, given to Satya Narain surety, who took a number of adjournments to produce the accused in Court but was unable to do so. As a result, the learned Magistrate passed an order under Section 514 of the Code of Criminal Procedure, forfeiting the surety bond furnished by him and directed him to pay a fine of Rs, 1,000/-.2. As a result of the said forfeit...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H140
..... of the erstwhile state of punjab before the merger of pepsu area, a scheme (hereinafter referred to as the punjab scheme) for nationalisation of the transport routes under chapter iv-a of the act, was in operation and the said punjab scheme was called the 50-50 scheme. this scheme was evolved for a limited period ..... and for the purposes of satisfying the claims on the route permits which still remain to be allotted after partial nationalisation to the private transport operators in accordance with the other provisions of the act which govern the allotment of route permits by the appropriate authorities the interests of private operates have been protected in ..... now exists, cannot be subject to two different schemes under chapter iv-a of the act and the said schemes also providing different provisions, that is in punjab scheme, annexure' a', nationalisation on inter-state routes is 60-40 per cent; whereas the nationalisation on the inter-state routes in the pepsu scheme, annexure 'b', is cent .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1974CriLJ970
..... thought fit to remove the protection from the public servants in so far as it relates to the investigation of the offences of corruption comprised in the act by making them cognizable it may be presumed that it was considered necessary to provide a substantial safeguard from undue harassment by requiring that the investigation is ..... commit the murder of ranjodh singh. the police registered a case under sections 302/307/148/149. indian penal code, and under section 25 of the indian arms act against these persons. on october 25. 1971. gurcharan singh. station house officer. police station. baghapu-rana. submitted the chalan against them. out of the accused persons ..... considered that the only powers possessed by the court are those expressly conferred by the criminal procedure code and that no inherent power had survived the passing of that act.7. section 561-a of the criminal procedure code only says that the inherent powers of the high court are not intended to be whittled down or fettered by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H265
..... the supreme court as appears from the following observations-'however, we do not pursue this question further since, in the present case. government has agreed with and acted on the high court's 'recommendation' and moreover, the methodology of conflict resolution, when the view of the high court is unpalatable to the executive, falls ..... for their appointment posting promotion and leave, they cannot remain entirely free from the influence of members of the party in power and cannot be expected to act impartially and independently in the discharge of their duties. it is therefore, recommended that provision be made placing exclusively in the hands of the high courts ..... judiciary is a cardinal principle of our constitution. however, we do not pursue this question further since, in the present case. government has agreed with and acted on the high court's recommendation and moreover, the methodology of conflict resolution, when the view of the high. court is unpalatable to the executive, falls .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1978CriLJ20
..... persons here were required to be interrogated in custody under s. 167(2) and further there were distinct possibilities of recovery under s. 27. indian evidence act on the basis of information which may be received from them.73. the learned addl. advocate general further points out the specific allegations already made against the ..... the investigation being incomplete it would neither be feasible nor possible to anticipate the material that might be eventually collected. the court will not be justified in acting on the hypothesis that no further or more serious material incriminating the accused will be unearthed.'57. again one cannot lose sight of the fact that in ..... the power of the grant of anticipatory bail cannot be legitimately restored to. any such exercise would irreparably exclude the admissible evidence under s. 27 of the act which might well become available to the prosecution.50. we are, therefore, of the considered view that where a legitimate case for the exercise of discretion .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1979CriLJ119
..... . on an objection by one of the parties, the magistrate took the view that because of section 8 of the maharashtra vacant land (prohibition or unauthorised occupation and summary eviction) act, 1975, he had ceased to have jurisdiction to proceed with the case. the high court in revision agreed with his conclusions. the supreme court in appeal held that the proceedings ..... since the object to prevent breach of the peace will have been achieved. in case the attachment continues the magistrate's only power is to appoint a receiver and thus act under sub-section (2).9. in dandapani pala's case (1976 cri lj 2014) (supra) a division bench of the orissa high court observed :three contingencies have been contemplated in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1980P& H94
..... (ii)62/169, dated the 10th jan., 1962, and m exercise of the powers conferred by sub-section (3) of s. 32-d of the pepsu tenancy end agricultural lands act, 1955 (act no. 13 of 1955), the governor of punjab is pleased to authorise:-- (i) the commissioners of patiata, ambala and jullundur divisions, and (2) the additional commissioner, ambala division, ..... p. a. 13/55/s-50/62, dated the 11th oct., 1962, and in exercise of the powers conferred by s. 50 of the pepsu tenancy and agricultural lands act, 1955 (act no. 13 of 1955), the governor of punjab is pleased to direct that the powers of the state government exercisable under sub-section (4) of s. 32-d of ..... sept. 1958. no. 7353-ari-(ii)-59/6417. in exercise of the powers conferred by sub sec (3) of s.32-d of the pepsu tenancy and agricultural lands act, 1955 (act no: 13 of 1955), the governor of punjab is pleased to authorise the commissioner, patiala division, for the purposes of that sub-section.' 'revenue department the 23rd dec., 1963 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H237
..... general and larger principles. it appears to me that the insertion of explanation vii and viii to s. 11 of the code by the civil procedure code (amendment), act 1976, is essentially a statutory recognition of the larger principle enunciated in judicial precedent. to truly appreciate the intent of the legislature in this context it ..... special conditions. in these circumstances, it is not possible to hold that the legislature intended to conferring plenary jurisdiction on the authorities under the said act to pronounce finally even on facts which are known as jurisdictional facts and on the existence of which alone the said authorities can proceed to pass ..... controller or his higher authorities cannot possibly be held to have exclusive jurisdiction. the provision relating to the finality of their decision in section 18 of the act can only apply to their decision relating to matters which are within their exclusive jurisdiction. it follows, therefore, that a decision of the controller as to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H228
..... was whether the united india fire & general insurance co. ltd. was amenable to the writ jurisdiction, particularly in the context of the general insurance business (nationalisation) act, (57 of 1972). the division bench tested the question on the anvil of the tests spelled out in the international airport authority of india's case ..... courts of justice. wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.............'there is ..... another member in addition to those nominated in the aforesaid manner and appoint him as managing director ; provided further that no person shall be appointed to act as managing director unless he is member of the indian administrative service, punjab civil service (executive branch) or a deputy registrar, a joint registrar or .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H33
..... the sub-divisional officers as the case may be for the time being. a distinct change of policy is, therefore, evidenced by an amendment in the act, by the impugned notification of dissolution whereby deputy commissioners and sub-divisional officers have been designated to perform the functions of the trusts and their chairman. ..... existence of the trust would become a mere surplusage and consequentially the necessity for its dissolution. it has to be recalled that improvement trusts under the act are invariably created in areas where municipal committees already exist. there is thus a modicum of self-government and an existing civil body which can after ..... further directed that the respective deputy commissioners and sub-divisional officers, specified in column 2, shall perform the functions of the trust and the chairman under the act. it is also the case that before the issuance of the aforesaid notification, the governor of punjab also issued the punjab town improvement (amendment) ordinance, .....
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