Court : Punjab and Haryana
Decided on : Dec-20-2011
Surya Kant, J. This order of ours shall dispose of CWP Nos. 17771 of 2003; 14179 of 2010; 18160 of 2011 as the issues involved therein are either interlinked or inter-dependent. Before extracting the facts in extenso from CWP No. 17771 of 2003, it being the oldest, we deem it appropriate to tersely refer to some of the orders passed by different Division Benches, resulting into placement of these cases before a larger Bench even in the absence of a formal reference order. CWP No. 17771 of 2003 2. Sehajdhari Sikh Federation - a registered Political Party has preferred this writ petition statedly in public interest, seeking quashing of the Notification dated 8th October, 2003 issued by the Central Government purportedly in exercise of its powers under Section 72 of the Punjab Re- organization Act, 1966 (in short, `the 1966 Act') whereby Sections 49 and 92 of the Sikh Gurdwara Act, 1925 (in short, `the 1925 Act') have been `amended' to the extent of denying the Sehajdhari Sikhs their righ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-12-2011
K.Kannan, J. I Khokra Kot - a declared “protected area” 1. The writ petition is at the instance of a Society formed by the residents of Khokra Kot challenging the notices issued by the Archaeological Survey of India, arrayed as the 2nd respondent, calling upon the addressees to remove the constructions put up on the property under Section 19 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter called, 'the 1958 Act'). It is an admitted case that the site of “ancient city” at Khokra Kot, Rohtak district has been declared as protected monument under Section 3(i) of the Ancient Monuments Preservation Act, 1904 (hereinafter called, 'the 1904 Act'). This notification has been confirmed in the Punjab Gazette dated 17.12.1904, by a notification issued in exercise of powers of the Central Government under Section 20(1) of the 1904 Act. The following area was declared as “protected area”:- “The site known as Khokhra kot i...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-13-2011
1. The compendium of the facts, which needs a necessary mention for a limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, is that petitioner Inderjit Singh son of Bachan Singh, was duly elected as Director of the Gurdaspur Central Cooperative Bank Ltd., Gurdaspur (hereinafter to be referred as "the Cooperative Bank") (Ist society) in the elections of Board of Directors, held on 26.7.2006, in view of the provisions of the Punjab Cooperative Societies Act, 1961 (for short "the Act"). According to the petitioner, ever since then, he has been performing his duties honestly. He was also elected as Director of the Gurdaspur Cooperative Labour and Construction Union Ltd. (for brevity "the Co-operative Union") (2nd society) on 18.8.2008. Subsequently, he tendered his resignation (Annexure P1) on 6.3.2009 from the Co-operative Union (2nd Society), which was duly accepted by the authorities in its meeting held on 13.6.2009 (Annex...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-11-2011
Surya Kant, J [1] By this order, we shall dispose of CWP Nos.17226 of 2009; and 4901 of 2010 as the questions of law and facts involved in these cases are common in nature. For the sake of brevity, the facts are being extracted from CWP No.17226 of 2009. [2] Aradhana Drinks and Beverages Pvt. Ltd. seeks (i) a mandamus to declare that Section 123 read with Section 399(1)(H)(16) of the Punjab Municipal Corporation Act, 1976 ultra vires Article 246 read with List-II and List-III of the Seventh Schedule, read with Article 243(W) and Twelfth Schedule to the Constitution of India; (ii) to declare the Local Government/Municipal Corporation (Control of Advertisement) Bye-laws, 2003 as non-existent as they ultra vires the above-referred provisions of the Indian Constitution; (iii) a writ of certiorari to quash the notice dated August 11, 2009 (Annexure P3) and the letter dated September 1, 2009 (Annexure P5) both issued by the Municipal Corporation, Ludhiana; and (iv) a writ of prohibition to r...
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