Court : Punjab and Haryana
Reported in : AIR1997P& H87
..... 2) forbid discrimination against any citizen on the ground of sex, the state may discriminate against males by making a special provision in favour of females.' (underlining is mine).52. in girdhar gopal v. state, air 1953 madh bha 147, a learned single judge has held :--'the discrimination that is prohibited under art. 15(1) ..... freedom is efficient, but our procedure for preventing the power is not. just as the pick and shovel is no longer suitable for the winning of coal, so also the procedure of mandamus, certiorari and actions on the case arc not suitable for the winning of freedom in the new age. they must ..... v. university grants commission' (1987) 3 serv lr 841, the central administrative tribunal itself held that, 'the central administrative 'tribunal constituted under the administrative tribunals act cannot, therefore, entertain the grievance of the employees of the university grants commission, the university grants commission is a body which may be termed as an instrumentality of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1998CriLJ3090
..... and the application filed during default period is pending for disposal, same is required to be decided like a regular bail application, be it under code or any other act, if it provides for bail like code.' 15. thus it is apparent that the apex court has laid down that once the challan is presented 'indefeasible right' of ..... held at page 502; of cri lj :- 'the 'indefeasible right' of the accused to be released on bail in accordance with section 20(4)(bb) of the tada act read with section 167(2) of the code of criminal procedure in default of completion of the investigation and filing of the challan within the time allowed, as held in ..... inserted and the magistrate was authorised to stop further investigation and discharge the accused if the investigation could not be completed within six months. by the cr.p.c. amendment act, 1978 (a) to sub-section (2) of section 167 has been further amended and the magistrate is empowered to authorise the detention of accused in custody during investigation .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1998CriLJ3787
..... :- '............. keeping in view the provisions of section 156(1) of the code which empowers the police to investigate into a cognizable 'case' and the rules framed under the indian police act, 1861(i) police is duty bound to formally register a case and then investigate into the same ............' 14. from a plain perusal of the complaint (annexure p-8), it is ..... mohinder singh and pratap singh. thus, this lukewarm and cursory investigation was conducted by the police which became lame from the very beginning. the court cannot blink at their unlawful act. the enquiry officer has dealt deep on the point of enmity between the parties due to some business dealings or contract of sale. it is trite that enmity is double .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)125PLR280
..... the person lawfully entitled thereto.'the learned counsel has argued that the bare reading of this section would show that proceedings under chapter x of the indian succession act, 1925 are of summary nature and the decision of a court under this part does not finally adjudicate the rights between the parties. he has further argued ..... earlier to obtain succession certificate. the decision of the court in the grant of succession certificate is not final in view of section 387 of the indian succession act, 1925 and the plaintiff-appellant was within his rights to seek declaration by filing a suit. thus, i have come to the conclusion that the learned civil judge ..... v. balakdas, a.l.r. 1992 madhya pradesh 224, in which it was laid down that, where exclusive jurisdiction is vested in the special forum created under the act, which is a special law, for grant of probate and for the matters connected therewith, obviously that forum, namely probate court must have exclusive jurisdiction to decide in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2000CriLJ2585
..... can be found with the order disposing of the complaint as well as the statutory post confirmation petition of the petitioner filed under section 117 of the bsf act. 71. learned counsel for the petitioner contended that the petitioner was denied the assistance of his counsel in revisional proceedings. it is not disputed that the ..... dg and thereafter ordering revision and confirming the proceedings under the orders of inspector general are perfectly in order and legally sustainable. under section 65 of the bsf act all frontier inspector general (where frontiers are headed by inspectors general) are given the warrant to convene gsfc by the dg bsf and to confirm the findings ..... petition was disposed of within three months from the receipt of the court order. the respondents defended the vires of the provisions of the border security force act, 1968 and the border security force rules, 1969 and contended that the same were in accordance with the provisions of the constitution of india. it was .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2001P& H344
..... was made operative from january 19, 1959. among other provisions, amendment act incorporated into the act of 1955, section 32ff which reads as follows :-'32-ff. certain transfers not to affect the surplus area :- save in the case of land ..... came into force, it appears, several alienations were effected by the landowners to get out of the reach of the law inasmuch as neither the principal act nor the amendment effected in 1956 prohibited any alienation. this necessitated introduction of the pepsu tenancy and agricultural lands (amendment) actno. iii of 1959 which ..... compromise, annexure c-1 would amount to transfer of land from the appellants to the petitioners which required compulsory registration under section 17 of the registration act, 1908.16. for the reasons mentioned above, this court has absolutely no hesitation in rejecting the application moved by the petitioners for recording compromise under the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2002P& H215
..... committed such corrupt practicesand the date and place of commission of thealleged corrupt practices. while making areference to material facts the mandate, ofsection 83 of the 1951 act requires that the election petition must contain a 'concise' statement of material facts. the word 'concise'means short or brief. so far as materialparticulars are ..... learned counsel for the respondent is that the pleadings are defective inasmuch as they do not conform to the mandate of section 83 of the 1951 act inasmuch as the petition neither discloses the concise statement of material facts constituting the corrupt practice nor indicates full particulars of the alleged corrupt practice: 7 ..... of the respondent, the petitioner filed the instant election petition under section 80, 81 read with sections 100 and 123 of the representation of the people act, 1951 for setting aside the election of capt. ajay singh i.e. the respondent from the rewari assembly constitutency to the haryana lesgislative assembly.2. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2002]125STC304(P& H)
..... 1984crilj1511 , commissioner of income-tax, patiala v. saroop krishan and gannon dunkerley & co. v. state of rajasthan : (1993)1scc364 .29. under section 17 of the haryana act, the tax on declared goods is leviable at the stage indicated in schedule 'd'. on a perusal of the schedule, it is clear that the taxable event when the commodity ..... and sold rice to the exporter. with regard to the orders of provisional assessment, the counsel submitted that the petitioners have effective alternative remedies under the act. no ground for invoking the writ jurisdiction is made out.14. after hearing counsel for the parties, we find that the following two questions arise for the ..... by mr. surya kant, advocate-general, haryana. he submitted that the action of the authorities was in strict conformity with law. the amendment in the central act was only intended to benefit the miller who directly exported the goods to a foreign buyer. it does not afford any benefit to the millers who purchased paddy .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2005(2)ESC1310; 2005(3)SLJ354(P& H)
..... assembly in furtherance of the political responsibility cast upon it. the theory of collective responsibility makes each minister victoriously responsible to the legislative assembly for the acts of other members of the council as well. true it is that the chief minister heads them and presides over the council of ministers, neither becomes ..... punjab police service rules, 1959 whereas the notification has 'relaxed' some of the provisions of these rules, what the council of ministers had approved was an act of subordinate legislation by invoking the powers under article 309 of the constitution which is of statutory in character. however, the notification dated january 23, 2004, ..... in entertaining such petitions has also been authoritatively laid down. the busy bodies and meddlesome interlopers who pose themselves as crusaders for justice and pretend to act in the name of pro bono publico though they have absolutely no interest of the public to protect, have no place in the horizon of public .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)147PLR131
..... common order.2. the tenants-petitioners assail the order dated 10.3.1981 passed by the appellate authority under the haryana urban (control of rent and eviction) act, 1973 ('act' -for short) whereby the appeal of the landlords respondents against the order dated 27.8.1979 passed by the learned rent controller, charkhi dadri has been ..... to by the learned senior counsel appearing for the respondents, this court held that once a ground of eviction (subletting) becomes available to a landlord then any subsequent act like death of the tenant, unless statute proves otherwise, will not efface the ground of eviction. it is a statutory right of a landlord which would come ..... there had been some material alternations in the building was not seriously contested. the landlords in both the cases filed appeals before the appellate authority under the act which accepted the same. the appellate authority held that the plea of subletting of the shop and the go-down is to be accepted and the ejectment .....
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