Court : Punjab and Haryana
Reported in : (1996)IIILLJ1121P& H; (1995)111PLR575
..... of the supreme court holding that the employees are not a liability, therefore, section 9 was not attracted. it was further held that in terms of section 17 of the coking coals mines nationalisation act, 1972, which is analogous to section 13 of the acquisition act before us the dismissed workmen who had been reinstated by the tribunal would be deemed to be the ..... ltd. the industrial tribunal as per its award dated july 1, 1972 directed reinstatement of the workmen. section 9 of the coking coal mines nationalisation act, 1972 whereby the colliery was nationalised is similar to section 5 of the acquisition act with which we are concerned in the present case. relying on the provisions of section 9, the government company contended that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1976]38STC259(P& H)
Harbans Lal, J.1. This judgment will dispose of Civil Writ Petitions Nos. 354, 416, 418, 432, 462, 463, 473, 474, 495, 496, 497, 501, 504, 517, 519, 524, 555, 556, 557, 564, 571, 576, 579, 582, 586, 614, 623, 644, 648, 669, 693, 694, 734, 736, 805, 855, 864, 870 and 904 of 1975, which have been filed under articles 226 and 227 of the Constitution of India for the issuance of:(1) a writ of mandamus that the paddy being agricultural produce is exempt under Schedule B to the Punjab General Sales Tax Act, 1948 (hereinafter to be called the Act), and is, thus, exempt from purchase tax;(2) a writ of mandamus that the notification dated 15th January, 1968, including pacldy in Schedule C to the Act is not in accordance with Section 31 of the Act and that the said notification is not valid;(3) a writ of mandamus declaring Section 31 of the Act as ultra vires and unconstitutional;(4) that the petitioners are not dealers as defined under the Act and, therefore, not liable to pay any purchase tax;...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H480
..... words, the context in which the words occur, the object of the statute in which the provision is included, and the policy underlying the statute, become relevant and material........................'lord coke in a celebrated case; heydon's case (1584) 3 co rep 7b, handed down the following dictum in this regard :'to arrive at the real meaning, it is always necessary .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H301
M.M. Punchhi, J.1. In Amrit Sagar Kashyap v. Chief Commr., U. T. Chandigarh, (1980) 82 Pun LR 441, a Division Bench of this Court (the judgment of which was prepared by me and concurred by D. S. Tewatia, J.) had the occasion to interpret S. 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 (for short the Act) and in particular the meaning of the words 'resume' and 'resumption' occurring prominently therein. The view thus taken came to be doubted very often necessitating its re-examination by a Full Bench, on these two matters being referred to it, being Civil Writ Petitions Nos. 2830 of 1970 and 1149 of 1979, which await disposal at our end. Amusingly it has again fallen to my share to prepare the judgment, be it a case of reorientation or refurbishing the earlier view or one of substitution or reversal. A fresh look on the subject becomes essential uninhibited of the view taken by the Division Bench.2. A small legislative history would not be out of place. The town o...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1984CriLJ694
ORDERD.S. Tewatia, J 1. The petitioners Shri J.R. Gupta in Criminal Writs Nos. 451 and 450 of 1983 and Shri Prem Chand Bansal in Criminal Writ No. 474 of 1983. near relations of the three detenus, namely. Shri Dwarka Dass Mittal and his two sons. Raiinder Mittal and Vinod Mittal, Chairman, Managing Director and Director respectively of. the Bhatinda Chemicals and Banaspati Mills (Private) Limited. Bhatinda. hereinafter referred to as 'the Bhatinda Chemicals'. have impugned the detention orders dated 13-9-1983, annexures P. 11, P. 12 and P. 13 to the writ petitions, passed by the District Magistrate, Bhatinda. under Section 3(2) read with Section 3(3) of the National Security Act. 1980. hereinafter referred to as the Act. and sought their release from what they have termed as illegal detention,2. All the three writ petitions involve common questions of law and facts and, therefore, a common judgment is proposed for all of them. Reference shall. however, be made to Civil Writ No. 451 of ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1993CriLJ2040
..... the invasion of the right. what determines invasion of the right and attracts jurisdiction of the courts is the effect of the law and the action upon the right. bank nationalisation case air 1970 sc 564 quoted in indian express private limited v. union of india, air 1986 sc 782 (sic).) the courts have to guard fundamental rights by considering the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)104PLR1
..... the invasion of the right what determines invasion of the right and attracts jurisdiction of the courts is the effect of the law and the action upon the right (bank nationalisation case, a i. r. 1979 s. c. 564, quoted in indian express private limited v. mnion of india, a. i. r. 1986 s. c. 782.) the courts have to guard .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1996CriLJ1037
ORDERV.K. Jhanji, J.1. The sequence of events which have surfaced in this case have to be noticed in chronological order in order to focus the issue involved. The seeds of this case can be traced directly to the registration of FIR No. 22 dt. February 22, 1994 registered under Sections 406, 420, 465 and 120B, IPC at Police Station, Focal Point, Ludhiana, on the complaint made by Jarnail Singh. It was stated therein that M/s. Saini Motors, Dealers in Maruti cars, were selling cars at a premium. Meenakshi Saini, Narinder Saini and Rajeev Saini, proprietors of M/s. Saini Motors, apprehending their arrest in the case, filed criminal petition, which was registered as Misc. Application No. 3059-M of 1994 in the High Court seeking anticipatory bail. They were granted anticipatory bail on February 28, Vinod Kumar also filed Criminal Petition registered as Misc. Application No. 3053-M of 1994 in the High Court on Feb. 27, 1994. In that petition, the allegations of harassment arid illegal detent...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1997P& H87
..... and (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) is a ..... securing our personal 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 be replaced ..... of the matter i did not express any opinion regarding validity of regulation 5 in chapter vii(ii) of the punjab university calendar, volume iii. this view of mine on the preliminary objection has not been concurred by the brother judges constituting the full bench who are equally divided in regard to the validity of the regulation in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1999]96CompCas460(P& H)
..... a public place is a statutory duty cast on the insurance companies. as already observed, the business of general insurance including motor vehicle insurance was nationalised in the year 1972, and the government has taken over the business of general insurance including the motor vehicle insurance. therefore, the insurance companies ..... 30. every policy issued is required to be registered in the records. every insurance company shall maintain the record and under the general insurance business (nationalisation) act, 1972, the central government has got the power to issue directions and the central government also have got the power to control the ..... the government of india has taken over general insurance business including motor vehicle insurance business. therefore, after the coming into force of the general insurance business (nationalisation) act, 1972, all the business of general insurance came under the monopoly of the central government. under section 35 of the said act, the provisions .....
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