Court : Punjab and Haryana
Decided on : Aug-10-1973
Reported in : AIR1974P& H89
..... office of the excise and taxation commissioner, punjab, the same day. respondent no. 2, however, took no decision on this resolution.2. section 26 of the gram panchayat act (hereinafter called the act) provides that a gram panchayat may, by a vote of at least two thirds majority of panches, direct that intoxicating liquor may not be ..... impediments in the way of the petitioner, for getting relief under article 226 of the constitution, during the pendency of the writ petition. furthermore, under section 41 of the punjab excise act, a contractor can be duly compensated, if the sale of liquor is stopped by cancelling his licence. instead of raising a technical objection of the ..... to mould the relief to be granted to a petitioner in accordance with the circumstances of the case. if the authorities concerned take action under section 41 of the punjab excise act, they will have to give prior notice to the liquor contractor. besides, the contractor would also need some time for shifting the vend. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-12-1973
Reported in : AIR1974P& H54
..... regards the heirs who could file a claim and the right to be compensated was not necessarily restricted to the heirs mentioned in section 1a of the fatal accidents act. even if the motor vehicles act can be given a wider scope on just grounds in certain matters, the basic principles for granting compensation would however remain unaffected. ..... few years or by their actual need and dependency on the deceased. we can come across cases not only under the fatal accidents act but also under section 110-a of the motor vehicles act where a parent or brother or sister had been denied compensations because they were not dependent on the deceased. in government of india ..... claims tribunal, rohtak. by the said award, the learned tribunal had disposed of five claim applications arising out of the same motor accident under section 110-a of the motor vehicles act, 1939. the reasons which had led the tribunal to consolidate proceedings in these five cases and to dispose them of by one judgment would enable .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-13-1973
Reported in : AIR1974P& H92
..... ,538,76. the facts of this case may briefly be stated thus:2. the petitioners are running their business and are licensees under section 10 of the punjab agricultural produce markets act, 1961, hereinafter referred to as the act. the petitioners are commission agents and pacca arhtias and bring gur, shakkar and khandsari from outside mandis in packed condition at their shops which ..... supreme court in m/s. hindustan steel ltd. v. state of orissa, air 1970 sc 253, observed thus:--'under the act penalty may be imposed for failure to register as a dealer: sec 9(1) read with section 25(1)(a) of the act. but the liability to pay penalty does not arise merely upon proof of default in registering as a dealer. an .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-03-1973
Reported in : [1973]92ITR513(P& H)
..... law has been referred for our opinion :'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the penalty was exigible under section 271(1)(c)?'3. after hearing the learned counsel for the parties i am of the opinionthat this question must be answered in the affirmative and in favour of therevenue .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-16-1973
Reported in : AIR1974P& H193
..... award. the present appeal was not on that ground. the objection as to limitation was raised before the trial court and the trial court held that the application under section 14 of the act was within limitation. the only remedy available to the respondent was, in case the decision on the question of limitation was erroneous, to move this court in revision ..... the short ground that the lower appellate court was not competent to entertain an appeal against the order under section 14 of the arbitration act, 1940, making the award a rule of the court2. all that i need to do is to refer to section 17 which is in the following terms:--'where the court sees no cause to remit the award or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-28-1973
Reported in : AIR1974P& H108
..... hereinafter referred to as the deceased) son of ram sarup alias bhona of village taoru tehsil nuh, was an occupancy tenant under section 5 of the punjab tenancy act, 1887(hereinafter referred to as the tenancy act) in one half share of land measuring 2 bighas 13 biswas comprised in khasra no.730 situated in that village. the plaintiff ..... continues even today. the respondent is in possession of the occupancy rights in dispute as tenant under the state government. section 3 of the act conferred full ownership on the deceased. by virtue of clause (a) of section 3, landlord's rights, title and interest in the property vested in the deceased free from all encumbrances created by the ..... shall be final. the remedy of a person whose property is attached, lies in filing claim under section 89 of the code, and not in instituting a suit against the attachment. when a remedy is provided in a particular act and its shows that the jurisdiction of the civil court is impliedly barred, the civil court shall .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-31-1973
Reported in : AIR1974P& H137
..... any replication, contradicting the facts stated in the return nor has chuha mal chosen to file any return. the financial commissioner, who decided the petition under section 33 of the act, as delegate of the central government, was perfectly justified in observing:-- 'i do not hesitate in saying that allotment of bant ram was cancelled in order ..... was that of the chief settlement commissioner and not of the high court and against that order of the chief settlement commissioner, the statutory remedy under section 33 of the act was available to bant ram. 5. coming to the merits of the case, the learned counsel for the petitioners has emphasised that in consequence of ..... learned counsel for the petitioners has very strenuously argued that after the dismissal of civil writ no. 44 of 1968 by this court, a petition under section 33 of the act was not competent before the central government as the decision of this court operated as res judicata. it is submitted that all the tribunals within the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-10-1973
Reported in : AIR1974P& H220
..... the date of the alienation. it concerns itself with the power to contest an alienation. that power cannot be allowed to be exercised after the amendment of section 7 by the amending act. it is a well-established principle of law that any change in law, which has taken place between the date of the decree and the decision of ..... purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this act. (2) nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of ..... was that the courts below were in error in holding that chindo had become the full owner of the land in dispute by virtue of section 14(1) of the hindu succession act, 1956, hereinafter called the act, and, consequently, the plaintiff could not challenge the mortgage effected by her in favour of gurmej singh. chindo, according to the counsel, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-13-1973
Reported in : AIR1974P& H214
..... has been constituted. in these circumstances, there is no use holding piecemeal elections of elected members for which there is no provision in the act or the election rules. section 12 of the act contemplates the constitution of a market committee of all the elected members and the official member at one and the same time. it is the ..... paucity of time, the election of producer members was not held on november 17, 1968, but the election of members by the persons licensed under section 10 and 13 of the act were held and respondents 4 to 10 were elected. the result of their election was announced on november 18, 1968, but their elections were never ..... elected by the producers of the area, 4 were to be elected by persons licensed under section 10 of the punjab agricultural produce markets act, 1961, (hereinafter called the act), and 2 members were to be elected by persons licensed under section 13 of the act. elections to the market committee were notified to be held on november 17, 1968. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-10-1973
Reported in : AIR1974P& H133
..... be enforced, set aside, amended, modified or in any way affected otherwise than as provided in the act. section 33 of the act states that if any party to an arbitration agreement wants to challenge the existence or validity of an arbitration agreement or award or to have the effect ..... the union of india went up in revision before the high court which took a view that the second reference was valid. consequently, the application under section 33 of the act was dismissed. an appeal was taken from that order to the supreme court. their lordships, while deciding the matter, observed as follows:--'the true legal position ..... to what can be described merely as an arbitration agreement.'we have to keep in mind the aforesaid view in deciding the present case. reading of section 32 of the act shows that suit to obtain decision on the existence, effect or validity of any arbitration agreement or award is barred and arbitration agreement or award cannot .....
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