Court : Punjab and Haryana
Decided on : Aug-31-1989
Reported in : AIR1990P& H224
..... )gair mumkin land at the rate of rs. 60,000/- per acre. 9. they will in addition be entiltled to solatium and interest as provided under the amended act.10. the claimant's appeals allowed with proportionate costs and that of the state and cross-objection tiled by it are dismissed. the claimants landowners will be entitled to ..... was followed by a declaration dated jan. 7, 1983 under s. 6 of the act. the collector awarded the compensation to the landowners at the following rate:--(i) chahi land rs. 51360/- per acre. (ii) gair mumkin rs. 18,000/- per acre. ..... 2289 and 2373 of 1987 filed by the claimant-landowners.2. pursuant to a notification dated dec. 13, 1982, under s. 4 of the land acquisition act (for short 'the act') land measuring 61.13 acres situate in the revenue estate of khera gajju was acquired for a public purpose namely construction of sutlej yamuna link canal. the notification .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-26-1989
Reported in : AIR1990P& H95
..... whereas under the above said rule, the licence could be cancelled inpublic interest, which according to the learned counsel, was ultra vires the act itself. i do not find any force in this contention.3. section 6 of the act does not give powers to the central government to make rules. it only provides for the powers of the central government to make ..... . it has been stated therein inter alia that in exercise of the powers conferred by ss. 5 and 7 and sub-section (2) of s.8 of the aircraft act, 1934, (xxii of 1934) and s. 4 of the indian telegraph act, 1855 (xxii of 1885), the central government is pleased to make the said rules. 4. faced with this situation, the ..... orders in emergency. the power of the central government to make the rules is provided under s. 5 of the act, which reads as under:--'1) the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-05-1989
Reported in : 1991CriLJ120
..... duly licensed manufacturer, distributor or dealer thereof. this cannotes that the dealer himself cannot seek protection for contravention of the provisions of the act, as contemplated under sub-section (3) of section 30 of the act.14. i am further supported on this point from the definition of the 'dealer' given in insecticides (price, stock display and submission ..... variations in the emulsion stability test show that the sample was not below the standard prescribed. it is alleged that the petitioner's licence granted under section 13 of the act has been illegally cancelled.5. the state in its reply admitted the taking of the sample according to law and procedure, and, reiterated the ..... connected in case of sale of misbranded nuvan by a unity of purpose and the design, and, thus render them guilty for punishment under section 29(1) of the act.4. according to the allegations in the petition, the petitioner's firm and also the manufacturers had submitted reply to the show-cause notice, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-1989
Reported in : 1990(26)ECC153; 1990(48)ELT363(P& H)
..... rule 8 of the central excise rules, 1944 (hereinafter referred to as 'the rules') ceases to be ex-cisable goods within the meaning of section 2(d) of the central excise and salt act, 1944 ('the act' for short) is the short but important question raised in this writ petition.2. m/s hind rubber factory, the petitioner in the present ..... transmission rubber beltings (t.r.b.) fall under item no. 16-a (4) of the first schedule.3. the expression 'excisable goods' is defined under section 2(d) of the act to mean 'goods specified in the first schedule as being subject to a duty of excise and includes salt.' rule 8 of the central excise rules, 1944 (for short ..... , held that the goods so exempted - not being 'taxable goods' - could not be brought to charge under section 7a of the said act. it was thus in view of the peculiar provisions under the tamil nadu general sales tax act that the above case was decided. in our considered view this does not provide an authority for the proposition that excisable .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-22-1989
Reported in : (1991)99PLR29
..... and ors. v. gram sabha manakpur and ors., 1976 p. l. j. 628. the petitioners have not been able to bring their case within any exception of section 2(g) of the act. the land has neither been shown to be banjar qadim nor the same has been shown to be in the individual possession by the petitioners after effecting partition ..... below that the land is owned by the gram panchayat. it has been settled beyond any doubt in a number of judicial pronouncements that all clauses of section 2(g) of the act are independent of each other and recourse can be had to any one clause to the exclusion of other clauses. if the land falls in any one ..... dispute as tenants and, therefore, they could not challenge the ownership of gram panchayat;(iv) that the petitioners did dot challenge the ownership of the gram panchayat under section 11 of the act. the land in dispute was allotted to the gram panchayat in lieu of the land which was shamilat before consolidation of holdings ; and(v) that the exemption of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-25-1989
Reported in : (1990)98PLR130
..... :--'3. levy and collection of cess. (1) there shall be levied and collected a cess for the purposes of the water (prevention and control of pollution) act, 1974 (6 of 1974) and utilisation thereunder. (2) the cess under sub-section (1) shall be payable by- (a) every person carrying on any specified industry; and xx xx xxspecified industry' is defined as per ..... section 2(c) to mean :--'any industry specified in schedule i'entry no. 15 of this schedule reads :--'processing of animal or vegetable products industry.'2. though my straight and forthright ..... 1989 and 7139 of 1987, is as to whether the sugar/alcohol industry is covered by entry no. 15 of schedule i to central act no. 36 of 1977, i.e., water (prevention and control of pollution) cess act, 1977. in view of the pristinely legal nature of the question it is hardly necessary to advert to any facts except to record .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-28-1989
Reported in : AIR1989P& H332
ORDERA.L. Bahri, J. 1. Harkirat Singh, the petitioner in this petition filed under Arts. 226 and 227 of the Constitution, prays for a writ of certiorari for quashing order dated February 12, 1988, copy Annexure P. 3 attached with the writ petition. Vide this order, the petitioner was dropped from the University in accordance with Rule 7.64(b) of the Trimester Rules as he had failed to achieve the overall grade points average of 1.50 at the end of three trimesters.2. Harkirat Singh took admission to Four Years Bachelor of Veterinary Science and Animal Husbandry Degree Course of the Punjab Agricultural University, Ludhiana in the year 1986-87. He was registered for three trimesters meant for First Year Course and thereafter he was registered for the firsttrimester meant for the Second Year of 1987-88. Result Cards of Trimesters were produced as Annexures P. 1 and P. 2. The petitioner completed four trimesters when on February 12, 1988 order, copy Annexure P. 3, was served upon him. There...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-15-1989
Reported in : (1990)97PLR135
..... phars was the property of the owners. the judgment rendered by the privy council is relevant under section 13 of the evidence act. the trust in an litigation with the owners has admitted that the site in front of the shops was the property of the owners addmissions operate ..... the owners are entitled to compensation for that land. if the trust wants to take possession of a private street, it can invoke its powers under section 46 of the act. as observed earlier in the litigation between the committee and the owners it was affirmed that the land under the metalled road now popularly known as ..... committee was negatived and was held that it was the private property of owners. the judgment in a previous suit though not inter parties is admissible under section 13 of the evidence act in proof of transaction or particular instance, in which the right in question was asserted and recognised. see srinivrs krishanarao kango v. narayan devji kango, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-01-1989
Reported in : AIR1991P& H20
..... court on behalf of his employer. the period during which he was serving as assistant district attorney or district attorney, he was a government pleader within the meaning of sub-sec. (7) of s. 2 of the code of civil procedure and public prosecutor within the meaning of s. 24 of the code of criminal procedure in that capacity, ..... as assistant district attorney or district attorney, he remained enrolled as an advocate. the bar council of india in exercise of power under s.49 of the advocates act, 1961 (for short 'the act') framed rules. r.49 of the rules provided that an advocate shall not be a full-time salaried employee of any person, government, firm, corporation, ..... issued him certificate of enrolment as an advocate under s. 22 of that act on march 2, 1964. he was appointed as assistant district attorney by the governor, punjab, on february 20, 1961. the appointment, envisaged that he will be a government pleader within the meaning of sub-sec. (7) of s. 2 of the code of civil procedure and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-05-1989
Reported in : AIR1991P& H23
..... petitioner from the sarpanchship, besides disqualifying him for re-election for a period of five years. the proceedings under s. 105 of the gram panchayat act, 1952 (hereinafter called the act) were also ordered to be taken against the petitioner. the petitioner then went in appeal against the said order before the deputy commissioner, jind, who ..... , learned deputy advocate general, haryana, for the respondents. there is no dispute regarding the legal position that under the provisions of s. 102(2) of the act, only one enquiry is contemplated and no second enquiry could be ordered if the first report of the enquiry officer had been accepted by the authority competent to impose ..... of pan-chayats regarding the charge of embezzlement of the proceeds of the kikar trees by the petitioner being against the provisions of s. 102 of the act is certainly liable to be quashed.4. the matter does not rest here as under the second enquiry the charge framed against the petitioner regarding the embezzlement .....
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