Court : Punjab and Haryana
Decided on : Aug-28-1989
Reported in : AIR1990P& H31
..... counsel for the petitioner submitted that after the application under s. 20 of the act was decided the court had become functus officio and the said order was appealable under s. 39 of the act. according to the learned counsel sub-sec. (5) of s. 20 of the arbitration act provides that thereafter the arbitration shall proceed in accordance with, and shall be governed ..... by, the other provisions of this act so far as they can be made applicable. thus, argued the learned counsel .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-28-1989
Reported in : AIR1990P& H74
..... candidate possesses the requisite qualifications at the time of first registration. the information asked for vide annexure p-2 is, therefore, clearly contemplated by the provisions of section 32 of the act and is not at all violative of the provisions of art. 19(1)(g) of the constitution.6. the information asked for having not been furnished, ..... or that a person employed by him for the said purpose was convicted of such offence, rendering him liable for removal of his name from the register. section 31 of the act, as reproduced above, empowers the registrar of the council to verify if the candidate was residing or carrying on business or profession of pharmacy in the ..... -1 was required to be renewed every year before 1st day of may. thus annexure p-1 expired on april 30, 1985. under the provisions of section 34 of the pharmacy act, the registrar was toremove the names of the defaulters from the register. thus the petitioners' names must have been removed from the register maintained by the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-27-1989
Reported in : AIR1990P& H87
..... and the time limit before the arbitrator to arbitrate was going to expire, the other party, namely, the state of haryana, filed an application under s. 28 of the act before the senior sub judge, sonepat. for extension of lime. the application was opposed by the contractor on the plea that since the proceedings were pending before the sub ..... the parties and keeping in view the provisions of s. 31(4) of the act, it is clear that the sonepat court would have no jurisdiction. sub-sec. (4) of s.31 of ihe act is in the following terms:--'31(4). notwithstanding anything contained elsewhere in this act or in any other law for the time being in force, where in any ..... reference any application under this act has been made in a court competent to entertain it, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-31-1989
Reported in : I(1990)ACC663; 1990ACJ579; AIR1990P& H91
..... order of the motor accident claims tribunal, whereby he dismissed the cjaim application.2. the facts :--mangal dass deceased filed an application under section 110-a of the motor vehicles act (for short the act) against the respondents. he alleged that he received injuries due to rash and negligent driving of the vehicle by respondent no. 1. ..... basis he held that the right to sue does not survive. a person suing for compensation in respect of the injuries sustained by him under section 110-a (1) of the act can claim compensation for physical injury, mental sufferings including any expenses incurred for treatment. he can also claim damages towards loss to property consequent ..... the compensation is awardable in respect of some of the items resulting in loss to the property of theinjured person, there is no bar under section 110-a(1) of the act which prohibits a claim for compensation to be made in that behalf. the maxim actio personalis moritur cum persona cannot be invoked, if the accident .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-24-1989
Reported in : AIR1990P& H229; (1990)97PLR201
..... , it is to be seen whether the name or description given by the defendant to his goods is such as to create a likelihood that a substantial section of the purchasing public will be misled into believing that his goods are the goods of the plaintiff. the main question is not the intention of the defendant ..... mark identical with or deceptively similar to the plaintiff's trade mark 'elephant brand', which is registered under no. 335156 under the trade and merchandise marks act, 1958 (for short, the act).3. the defendant denied the allegations made in the plaint. he contended that he was using 'lion elephant' and 'double elephant' as their trade ..... 'double elephant' brands or under any other trade mark identical with or deceptively similar to the trade mark of the plaintiffs 'elephant' brand or doing any such other act amounting to the infringement of the plaintiff's trade mark.2. the respondent (hereinafter referred to as the 'plaintiff) filed a suit against the appellant (hereinafter referred .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-19-1989
Reported in : AIR1990P& H314; (1990)97PLR175
..... the trial court had deprived the petitioner of the valuable right acquired by him by the failure of the plaintiff to aver as per the provisions of section 16 of the act and had thus fallen in error in permitting this amendment. reliance in this behalf was sought to be placed upon palthur honnur saheb v. bopanna annapurnamma,air ..... a reading of the judicial precedents cited would show that, unlike the present case, permission for amendment of the plaint to aver in terms of s. 16 of the act, had been sought after the period of limitation for filing of a suit for specific performance had elapsed. by lapse of time, therefore, a valuable right had come ..... is ready to get the sale-deed registered in his favour'. this plea being in consonance with the provisions of s. 16c of the specific relief act 1963 (hereinafter referred to as 'the act'), which, it is now settled are mandatory and imperative. indeed, the specific performance of a contract cannot be enforced unless the plaintiff pleads and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-02-1989
Reported in : AIR1990P& H343
..... to as the landlord) filed an application for eviction of the petitioner (hereinafter referred to as the tenant) under s. 13 of the east punjab urban rent restriction act, 1949 (for short the act) as applicable to union territory, chandigarh. the landlord got an insertion in the daily tribune dated march 29, 1987 that he wanted to lease out the first floor .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-18-1989
Reported in : (1990)ILLJ443P& H
..... concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or .............................................'sub-clause (bb) to clause (oo) of section 2 of the act, which was added in 1984 by an amendment, cannot be so construed as to drastically restrict the orbit of the term of 'retrenchment'. clause (bb) is ..... less than 240 days, shall be treated to have been in regular employment of the bank. the termination of services without complying with the provisions of section 25f of the act was held to be illegal.7. i.r. malik has raised an additional legal issue other than those taken in paramjit chopra's case (supra). this ..... (supra). in that case it was held that a workman who had rendered continuous service with notional break for a period of one year under section 25b(2) of the act during a period of 12 calendar months preceding the date of termination of services of the petitioner who had actually worked with the bank for not .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-06-1989
Reported in : AIR1990P& H60; [1992]73CompCas464(P& H)
..... 13 1/2 per cent. per annum has been rightly allowed by the court while decreeing the suit. the learned counsel also referred to s. 21 of the banking regulation act to contend that the rate of interest could not be challenged on the ground that it was excessive. as regards the principal amount adjudged, the learned counsel relied upon state .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-31-1989
Reported in : AIR1990P& H80
1. The respondent is an agriculturist and applied for grant of tubewell electric connection from nearest urban feeder but he was being given connection from rural feeder whereas tubewell connections were given to Swaran Singh, Baldev Singh, Ajaib Singh and Jang Singh from urban feeder. All the four persons had submitted the test report and deposited the amount after the plaintiff, but they have been given connections from the urban feeder and he is being discriminated against. It was also the plaintiff's case that Ajaib singh and Jang Singh had applied for connections 4/5 years after the plaintiff and they have been given connections from urban feeder and he was being discriminated against.2. Both the Courts found that the plaintiff had deposited the amount and got the testreport submitted earlier to the four persons and yet he has been discriminated against. Since this amounted to violation of the rule of equality the suit was decreed by grant of mandatory injunction directing the PSE...
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