Court : Punjab and Haryana
Decided on : Apr-19-1971
Reported in : AIR1973P& H76
ORDERHarbans Singh, C.J. 1. The facts giving rise to this evil revision may briefly be stated as under; the Model Town Welfare Council, Ludhiana, (hereinafter referred to as the society) is a Society duly registered under the Societies Registration Act, 1860. On 20th February 1958, vide Exhibit A-3 a plot of land measuring 1.29 Kanals in the Model Town Ludhiana, was transferred by the Punjab Government to the society free of cost, for the specific purpose of constructing a library building thereupon at its own cost within three years. The terms of transfer also provided for resumption of the plot by the Government in case of non-compliance with any term. A clear provision, however, was made that the time of three years could be extended by the Deputy Commissioner if the failure to complete the construction by the due date as due to reasons beyond the control of the purchaser.2. It is stated that after the transfer of the plot, the petitioner-society constructed some shops on a portion ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-25-1971
Reported in : AIR1972P& H356
Sandhawalia, J.1. Whether 'brick-earth' has validly been declared to be a minor mineral by virtue of the General Government Notification No. G.S.R. 436, dated the 1st of June, 1958, issue under Section 3(e) of the Mines and Minerals (Regulation & Development) Act, 1957, is the important and slightly intricate question which primarily calls for determination in these two connected Civil Writ Petitions Nos. 1840 and 2004 of 1970. Identical questions of law and fact arise in these petitions and the learned counsel for the parties are agreed that this judgment shall govern both of them.2. The broad outline of the facts is not in dispute. It would suffice to make a reference to the facts in Civil Writ No. 2004 of 1970 only to appreciate the primarily legal contentions which have been raised. The petitioner-firm of Messrs. Amar Singh Modi Lal carries on the business of the manufacture of bricks and is a licensee under the Punjab Control of Brick Supply Order 1956. It installed a brick kiln o...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-18-1971
Reported in : 1972CriLJ1349
A.D. Koshal, J.1. This appeal filed by the State of Punjab against the judgment of Shri Asa Singh Gill. Special Judge. Gurdaspur. dated the 20th of July. 1970 holding the trial of respondent No. 1 for offences under Section 5(2) of the Prevention of Corruption Act (hereinafter referred to as the Act) and Section 161 of the Indian Penal Code, and of respondent No. 2 under Section 165A of the Indian Penal Code, conducted by him. to be without jurisdiction and. therefore null and void has been entrusted for decision to a Full Bench in pursuance of the order of reference dated the 18th of May. 1971. made by a Division Bench consisting of ray learned brother Tewatia. J. and myself and the sole question requiring determination therein is whether the sanction for prosecution of respondent No. 1 purporting to have been given by the State Government under Section 6 of the Act was or was not validly accorded.2. The facts leading to this appeal may be briefly stated. Respondent No 1 is a member o...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-15-1971
Reported in : AIR1972P& H109
Bal Raj Tuli, J. 1. This petition came up for hearing before my learned brother Narula, J., on March 13, 1970, and it was referred to a larger Bench on the ground that the question of law involved seemed to be of substantial importance and if the writ petition succeeded, it might have far-reaching consequences. In pursuance of that order, the petition was placed for hearing before my learned brethern Narula and Suri, JJ. and noticing that there was an earlier judgment of Tek Chand and Pandit. JJ., in Bishan Singh v. Central Government ILR (1961)1 Punj 415=(AIR 1961 Punj 451), which seemed to be in conflict with another Division Bench judgment of S. B. Capoor and Shamsher Bahadur, JJ., in Ram Chander v. State of Punjab, ILR (1968) 2 Punj & Har 651=(AIR 1969 Punj 4), the learned Judges directed that the papers might be placed before Honourable Chief Justice for constituting a Full Bench for the hearing and disposal of this petition. This order was passed on July 21, 1970 and in pursuance...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-07-1971
Reported in : AIR1973P& H1
R.S. Narula, J.1. This writ petition for quashing the order of the Second respondent (the postmaster, Amritsar) dated September, 15, 1969, whereby the Petitioners was dismissed from service consequent upon his conviction under Section 420/511, and 465/471 of the Indian Penal Code in connection with the submission by him of false medical reimbursement claims, was admitted by the Motion Bench (myself and Suri J.) on July 16, 1970 to a Full Bench in view of the doubt entertained by the Bench about the correctness of the view expressed by a learned Single Judge of this Court (P. D. Sharma J.), in Kehar Singh v. Regional Employment Officer, Chandigarh, 1967 Serv LR 527 (also reported in 1967-69 Punj L.R. 331), wherein it has been held that Section 12 of the Probation of Offenders Act, 1958 (hereinafter called the Act) prohibits the removal from service of a Government servant who after conviction has been dealt with under Section 3 or Section 4 of the Act, as conviction of such a Government...
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