Court : Punjab and Haryana
Decided on : Feb-18-1982
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
Decided on : Oct-20-1982
Reported in : 1983CriLJ713
S.S. Sandhawalia, C.J.1. The statutory power of the police to investigate the cognazable offences under Section 463. 471, 475 and 476 of the Penal Code vis-a-vis the bar under Section 195(1)(b)(ii) of the Cr. p. C. with regard to the cognizance thereof by a Court, has ultimately come to be the significant question in this reference.2. Karnail Singh petitioner and another had instituted a civil suit on 25th of Sept. 1980, against his brother Jarnail Singh and others seeking a declaration to the effect that they were owners in possession of the said land and for a permanent injunction against the defendants from interfering with their possession. This claim was rested primarily on a will allegedly executed on the 27th April, 1977 by the petitioner's father Hari Singh. During the pendency of the said suit Jarnail Singh aforesaid who was a defendant therein made an application before the Senior Superintendent of police, Amritsar, alleging that the will purporting to be dated the 27th April...
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