Court : Punjab and Haryana
Decided on : Mar-22-2004
Reported in : [2004]136STC261(P& H)
Hemant Gupta, J.1. This judgment shall dispose of Civil Writ Petition Nos. 17178, 17188, 17696, 18898, 19073, 19132 and 20031 of 2003, 207 and 4415 of 2004 as all these cases involve similar question of law consequent to enactment of the Haryana Value Added Tax Act, 2003, w.e.f. April 1, 2003. However, for facility of reference, the facts are being taken from Civil Writ Petition No. 17178 of 2003.2. The petitioner is a registered dealer under the Haryana General Sales Tax Act, 1973 (for short 'the HGST Act') and is engaged in the business of purchase of paddy. For the assessment year 1998-99, the Assessing Authority framed the assessment under the HGST Act and raised an additional demand on account of purchase tax calculated under Section 6 of the HGST Act. The petitioner filed appeal along with an application under Section 39(5) of the HGST Act for entertaining the appeal without prior payment of tax on account of financial hardship on March 3, 2003. However, before the appeal filed b...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-09-2004
Reported in : (2005)139PLR400
..... respondents, validity of the newly inserted section 3(c) in the delhi rent control act which came to be incorporated by act no. 52 of 1988 with effect from 1.12.1988 and which provided that the provisions of the delhi rent control act will not apply to any premises whose monthly rent exceeded rs. 3,500/-, was impugned by the tenants in delhi high court. the writ petition, however, was dismissed holding that section 3(c) of the act was a valid piece of legislation. in ..... act was repealed by the madras buildings (lease and rent control) act, 1949. section 13 of the new act contained a provision for exemption from the operation of the act by the state government which was in the following terms:-'notwithstanding anything contained in this act, the state government may, by a notification in the fort st. george gazette exempt any building or class of buildings from all or any of the provisions of this act.' the landlord applied to the government seeking exemption of his building from the provisions of the rent act but his application ..... and the legal principles which are to control any given cases and must provide a standard to guide the officials or the body in power to execute the law. the essential legislative function consists in the determination or choice of the legislative policy and of formally enacting that policy into binding rule of conduct.'33. somewhat similar principles were reiterated by the supreme court in edwards mins company limited' case (supra) while observing tha .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-15-2004
Reported in : (2004)138PLR673
Ajay Kumar Mittal, J.1. By this order we propose to dispose of Civil Writ Petitions 5412 and 3199 of 2003, as the points of law and fact raised in these petitions are somehow common and inter-linked.2. Civil Writ Petition No. 5412 of 2003 has been Filed by six persons, namely, Gopal Singh Jania and Five others, who claim themselves to be duly elected directors of the Amritsar Central Cooperative Bank Limited, Amritsar-(respondent No. 5), a body registered under the Punjab Cooperative Societies Act, 1961 (for short 'the 1961 Act'), challenging the notice dated 28.6.2002 (Annexure P-4) issued by respondent No. 3 under Section 27(1) of the 1961 Act, whereby they were required to show cause as to why they be not ceased to be the elected Directors of the Sind Bank. They have also prayed for issuance of a writ of certiorari quashing order dated 21.3.2003 (Annexure P-9) passed by the Joint Registrar, Cooperative Societies, Jalandhar Division, Jalandhar (respondent No. 3) exercising the powers...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-18-2004
Reported in : (2005)139PLR716
M.M. Kumar, J.1. This petition filed by landlord- petitioners under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, (for brevity 'the Act') challenges the judgment and findings recorded by the learned Appellate Authority, Karnal in its judgment dated 12.12.1990, whereby it has reversed the findings recorded by the Rent Controller, Karnal in his judgment dated 9.6.1989. The Rent Controller, Karnal had found that the landlord-petitioners bona fide required the demised premises for their own use and occupation and the tenant-respondent was liable to be evicted as provided by Section 13(3)(a)(i) of the Act.2. Brief facts of the case are that the landlord-petitioners filed an application being Case No. 53 of 1987 on 22.9.1987 under Section 13 of the Act against the tenant-respondent seeking his eviction from the flat portion of shop-cum-flat bearing No. B-897, situated in Nai Mandi, Novelty Road, Karnal. The landlord-petitioners alleged to have purchased the aforem...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-12-2004
Reported in : (2004)138PLR886
Mehtab S. Gill, J.1. This is a petition for quashing letter/memo dated 28.1.2003 (Annexure P3) vide which Superintendent (Exam. Ill) of Ku- rukshetra University, Kurukshetra (for short, the University) informed the petitioner that she will be awarded Degree only at the Convocation Scheduled to be held on 4.2.2003 because some formalities are to be completed for determining the Medal/Merit Certificate. The other prayer made in the writ petition is to direct respondent Nos.l and 2 to withdraw 'Dr. Kamal Bhardwaj Medal, 2002' (hereinafter referred to as 'the Medal') awarded to respondent No. 3 and confer the same on the petitioner.2. The petitioner took admission in M.A. (Economics) Course in the University in 2000. She passed M.A. Part-I by securing 262 marks out of 400 and M.A. Part-II (Final) examination by securing 257 marks out of 400. She was declared first in M.A. (Final) Economics. Vide letter dated 20.1.2003 (Annexure PI), Deputy Registrar (Regn. & Sch.) of the University informe...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-12-2004
Reported in : (2005)139PLR238
Surya Kant, J.1. This judgment will dispose of Regular Second Appeal Nos. 4328 and 4345 of 2002, as not only common questions of facts and law are involved in these two Appeals but both have been directed against the same judgment and decree dated 30.4.2002 passed by the learned Civil Judge (Senior Division), Ropar and affirmed by the learned District Judge, Ropar vide his judgment and decree dated 26.7.2002. Needless to say that these Appeals have originated out of Civil Suit No. 65 of 2001 filed by Dasmesh Educational Society (Regd.).2. Facts are being taken from R.S.A. No. 4328 of 2002.3. The material facts emanating the cause of action as mentioned in the plaint are that the Dasmesh Educational Society (Regd.) (hereinafter referred to as Plaintiff/Respondent No. 1) instituted the Civil Suit No. 65 of 2001 against (i) the State of Punjab through its Secretary, Housing, (ii) Punjab Housing Urban Development Board through its Vice Chairman, (iii) Punjab Urban Development Authority thr...
Tag this Judgment!