Court : Punjab and Haryana
Decided on : Sep-07-1989
Reported in : AIR1990P& H206
ORDERM.M. Punchi, J. 1. Pithily put, the case of the petitioner is that it has been supplying meat to the Union of India through the Army Authorities of the Western Command for the last so many years. Somewhere in the year 1988, respondents Nos. 1 to 4 became pregnant with the idea that frozen meat be purchased in bulk quantities in order to send it to various stations governed under the Northern Command. The petitioner having come to know of it started correspondence with the respondents suggesting that it would be in a position to supply frozen meat, if asked to, at a competitive rate cheaper than others. The suggested case of the petitioner that the respondents were simultaneously negotiating with others also is factually not disputed but rather it is maintained by the respondents that three firms other than the petitioner were also in correspondence with it for the supply of frozen meat. And, as averred, as a matter of experiment, some frozen meat had been purchased in the year 198...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-08-1989
Reported in : AIR1990P& H254; (1990)97PLR391
..... found the same in favour of the defendant sardara singh when it was observed that 'so the defendant is protected under s. 53a of transfer of property act and is entitled to retain the possession'. it was further found that krishan lal plaintiff had received the entire consideration and sardara singh was in possession of the ..... execute the sale deed in favour of sardara singh.8. learned counsel for the defendants-appellants submitted that the provisions of s. 52 of transfer of property act though not strictly applicable as such to the arbitration proceedings but the principles thereof are applicable and once the matter in dispute was referred to the arbitrators by ..... the trial court found that krishan lal plaintiff was the owner of the suit land but since the defendant was protected under s. 53a of the transfer of property act he was entitled to retain the possession. consequently, plaintiff krishan lal's suit was dismissed on 11-1-1982. however, in appeal, the learned additional district judge .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-31-1989
Reported in : AIR1990P& H330
..... referred to as the defendant) controverted the material allegations made in the plaint. it denied its appointment as an agent for purchasing food grains for the plaintiff. the act of the plaintiff appointing it as commission agent was unilateral. it denied having made short supply of food grains. the receipt of the tarpaulins was admitted but these were ..... set up. the learned appellate judge was not correct in his observation that the letter does not amount to acknowledgment within the meaning of s. 18 of the limitation act. the letter can be split up in two parts, namely, admission of liability and acceptance of jural relationship. a counter claim was pleaded and it was asserted that ..... ,716.70. i fail to understand on what logic the courts below have dismissed the suit of the plaintiff in its entirely. a judicial officer is expected to act fairly. he has to play an important role in the administration of justice when he is dealing with civil rights of the parties. the least which could be .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-05-1989
Reported in : AIR1990P& H350
..... 27 of the code, this provision per sc is not applicable to the enquiries contemplated under s. 110-b of the motor vehicles act (for short 'the act') by the motor accidents claims tribunal section 110-c enables the tribunal to follow such summary procedure when conducting an enquiry subject to the rules that may be made in this ..... duly attested by the authorities authorised to authenticatemission of india in london. this certificate is per se admissible under the diplomatic and consular offices (oaths and fees) act 1948. notice of this application was issued to the counsel for the opposite side mr. manohar lal and it was ordered to be heard along with the main ..... in the first instance will not make his presence at the spot unnatural. the minor discrepancies are inconsequential. it could not be expected that the witness should have acted in the manner suggested. when a young man was killed in the accident, there was panic. the witness must be anxious to inform the police immediately so .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-05-1989
Reported in : AIR1990P& H220
1. Validity of an adoption is the main point in issue in this appeal and it arises in the context of succession to the land left behind by Jhunda deceased, who died sometime in May 1969.2. The plaintiffs-Baljit and others, filed the present suit seeking a decree for possession of the land in suit on the plea that being the grand-children of the said Jhunda; they were his nearest heirs and were thus entitled to succeed to his property. The defendant-Moman, on the other hand, put-forth the plea that he had been adopted by the said Jhunda and it was thus he, who was entitled to the land in suit.3. The plea of adoption, as put-forth by the defendant-Moman is founded upon the registered adoption deed Ext. D/ 1, whereby Moman is shown to have been adopted by Jhunda. This adoption deed is dated February 4, 1969. It recites that all the necessary formalities relating to adoption were, gone through and that Moman was adopted by Jhunda with the consent of his natural parents. It is also mentione...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-10-1989
Reported in : AIR1989P& H310
..... judge who on appeal reversed the judgment of the trial judge and dismissed the application filed by the husband for the dissolution of the marriage under section 13 of the hindu marriage act. 2. facts first ;-- the appellant husband sought divorce on the ground that the respondent wife had been nagging him in the presence of his ..... illicit relations with his brother's wife. these false allegations did have an injurious effect on the husband. 15. cruelty within the meaning of section 13 of the hindu marriage act is not confined to physical violence but includes mental torture caused by one spouse to the other, the wife had made it insufferable for the ..... was concluded thus (at p. 419of air):- 'to conclude, in our view, the cruelty contemplated, under section 13(1)(ia) of the act neither attracts the old english doctrine of danger nor the, statutory limits embodied in old section 10(1)(b). the cruelty, contemplated is a conduct of such, type that the petitioner cannot reasonably be expected .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-23-1989
Reported in : (1990)83CTR(P& H)182; [1989]178ITR393(P& H)
..... , it is not permissible under section 41(1) of the act to add the amount in question, that is, that received as refund by the erstwhile partners of the firm in their individual capacity. no penalty could, therefore, ..... and distinct assessees. in the present case, deductions in respect of liability for sales tax wereallowed to the firm. by virtue of section 41(1) of the act, therefore, the amount would be deemed income in the hands of the assessee that got the deductions which, in this case, was the firm. this being so ..... clearly to be answered in the affirmative, in favour of the assessee and against the revenue. keeping in view the definition of 'person' as given in section 2(31) of the act, it will be seen that it includes a firm too which means that a firm will succeed a firm while its partners in their individual capacity are separate .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-26-1989
Reported in : AIR1990P& H110
..... competent to give the allotment to the petitioners in satisfaction of their unsatis fied claims under s. 20 of the displaced persons (compensation and rehabilitation) act, 1954, in accordance with the relevantprovisions of the land resettlement manual by dr. tarlok singh. no approval whatsoever was necessary to be sought by the ..... is concerned, notwithstanding the transfer of the surplus property in the compensation pool to the state government under the 'package deal' the authorities under the rehabilitation act continue to have power, as they had before the 'package deal'.... in a way, therefore, the unsatisfied claimants have got a sort of charge ..... with thesaid manual right up to 1-961, when theevacuee property was transferred by way of'pacakage deal' under the displaced personsl(compensation and rehabilitation) act,1954. even thereafter, the system of allotment:continued as before and it was rather reinforced by the state government vide theirpolicy instructions dated 20th august, 1962 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-14-1989
Reported in : AIR1990P& H160
..... dispute and it was not a case of subletting.6. the landlord being aggrieved against the impugned order of the appellate authority has come up in revision under section 15(5) of the act. mr. h.l. sarin, the learned senior advocate, assisted by shri r.l. sarin, advocate, contended that the appellate authority had failed to appraise the documentary as ..... cannot reappraise the evidence was dealt with in para 5 of the judgment as under :'it cannot be disputed that the powers of the high court under section 15(5) of the act are wide and not confined merely to examining the legality of the appellate authority's order nor are those powers akin to the revisional powers of the high ..... court under section 115 of the c.p.c. sub-section (5) of section 15 of the act in so far as is material states: 'the high court may..... on the application of any aggrieved party or on its own motion .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-16-1989
Reported in : 1990ACJ316; AIR1989P& H296
..... construed liberally. the hon'ble supreme court in state of west bengal v. administrator, howrah municipality, air 1972 sc 749, while considering the scope of section 5 of the limitation act, 1963, observed that it should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fide is imputable ..... accident, and the respondents, at no stage denied their liability or refused to pay the same, that would be a sufficient cause for condoning the delay under section 110-a(3) of the act. finding of the tribunal on issue no. 3 is, therefore, reversed and the delay in filing the claim application is condoned6. pw 1 dr. c. ..... and was looking into the matter, that was sufficient cause for the claimant not to approach the tribunal promptly or within the period of limitation. section 110-a(3) of the motor vehicles act reads as under: --'110-a(3). no application for such compensation shall be entertain ed unless it is made within six months of the .....
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