Court : Punjab and Haryana
Decided on : Aug-21-2003
Reported in : (2004)ILLJ816P& H; (2003)135PLR812
..... into the merits of the dispute and take on itself the determination of the lis, which would certainly be in excess of the power conferred on it by section 10 of the act. we are of the considered opinion that the aforesaid ratio of law is squarely applicable to the facts and circumstances of this case. the view expressed by ..... words, unless those who are raising the disputes are workmen, there cannot be any existence of industrial dispute within the meaning of the term as defined in section 2(k) of the act. it is urged that in order to form an opinion as to whether an industrial dispute exists or is apprehended, one of the facts that has to ..... of the petitioner had been terminated without issuing any notice, charge-sheet, retrenchment compensation or enquiry. it was claimed that the respondent-fci had violated section 25(g) and 25(h) of the act. it was also claimed that the petitioner was wrongly being described as a contract worker by the fci. the demand notice was examined by respondent no .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-29-2003
Reported in : AIR2004P& H22; (2003)135PLR864
..... out of reach. therefore, instead of granting the decree for divorce, it would be more appropriate to pass a decree for judicial separation in terms of section 10 of the act.keeping in view above facts and circumstances this appeal is partly allowed and adecree for judicial separation of marriage between the parties is passed. in the circumstances, ..... that the respondent has not put in appearance, it would not be proper to dissolve the marriage by a decree of divorce. therefore, in terms of section 13-a of the act, the alternate relief of passing a decree for judicial separation would be more proper, so that in case there is chance of saving the marriage that ..... 8. the learned counsel for the appellant has stated that the respondent has maltreated and has subjected the appellant to cruelty within the meaning of section 13(1)(i-a) of the act. besides, he has deserted her for a continuous period of not less than two years immediately proceeding the presentation of the petition within the meaning .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-19-2003
Reported in : III(2004)ACC160; 2005ACJ1611; AIR2004P& H148; (2004)136PLR436
..... 'thus, the liability of the railway administration in such case would be to pay compensation to the extent as may be prescribed by rules made under the railways act. section 129 empowers the central government to frame rules in this regard. in exercise of such power, the central government has framed the rules known as the railway accidents ..... appellant no. 1, after collecting some papers like post mortem report, inquest report, death certificate etc. filed the instant claim petition before the tribunal under section 16 of the rct act. this claim petition was filed by the widow of the deceased i.e. appellant no. 1, for herself and on behalf of three minor children of ..... 'untoward incident'. therefore, in my opinion, the claim made by the appellants, being dependants of the deceased is fully covered by the provision of section 124-a of the railways act, as the deceased, who was a valid passenger died in the railway untoward incident which occurred in the working of the railway and the railway .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-19-2003
Reported in : (2003)135PLR431
..... 8. a perusal of the above rules shows that the plaintiff-appellants would be covered by the definition of expression local displaced persons as given in clause (d) of section 2. sub-rule 2 or rule 4 would also show that a local displaced persons is entitled to allotment of a residential plot on reserve sale price in accordance with ..... territory of chandigarh or in any urban estate declared as such under the provisions of the punjab urban estates (development and regulation) act, 1964 or in any area covered under a scheme framed under the act or at panchkula in the state of haryana or who being owner as such has disposed of the residential plot or house before ..... is the owner of any land acquired by the trust for the execution of any scheme under the act and who has been such owner for a continuous period of two years immediately before the first publication of such scheme by the trust under section 36; 4. reservation of residential plots and multi-storyed- (1) subject to the provisions of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-15-2003
Reported in : 2003CriLJ2456; (2003)133PLR500
..... counsel for the petitioner that the summoning order is inherently without jurisdiction as it has been passed without following the procedure laid down under section 319 of the code of criminal procedure. learned counsel has relied on a judgment of the hon'ble supreme court in the case of raj kishore prasad ..... police report made after the completion of the investigation. in spite of the report having been submitted under section 173 of the code of criminal procedure, the learned additional sessions judge, ferozepur has passed the orders summoning the petitioner.2. it is submitted that the learned ..... ferozepur and the proceedings consequentialthereto. it is stated that the petitioner has been falsely named in the first information report no. 139 dated 20.10,1997, under sections 302/307/324/323/148/149 of the indian penal code registered at police station, khuian sarwar. the petitioner was shown in column no. 2 of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-15-2003
Reported in : 2003CriLJ2203
..... march 17, 1989. the remaining two appellantspuran mal and shanti are parents of mehar dass. all thethree jointly were charged for the commission of offencespunishable under sections 305 and 201 of the indian penalcode for the aforesaid suicide committed by shrimatipataso. an fir was registered on march 17, 1989 at policestation pilukhera at ..... for the appellant has submitted that there isno evidence on the record to show that the appellant hadever mal-treated aforesaid pataso or had ever committedany such act, which had forced the deceased to commitsuicide. on that basis, it is submitted by the learnedcounsel that in fact there is no basis for recording ..... 201 of the indian penalcode and accordingly convicted them and sentenced them toundergo ri for five years each under section 306 of theindian penal code. they were further ordered to undergori for one year under section 201 of the indian penalcode. both the sentences were ordered to runconcurrently. the appellants have now challenged .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-15-2003
Reported in : 2003CriLJ3513
..... sapra under sections420, 452, 504, 506, 34 ipc whereby the petitioner vinod kumaralongwith parmod kumar had been convicted under sections452, 420, 506 read with section 34 ipc. however, the saidpersons were ordered to be released on probation videorder dated december 21, 1998 passed by the learned chiefjudicial magistrate, hisar. shri ..... question was filed.after the preliminary inquiry, the respondents weresummoned by the learned judicial magistrate ist class videorder dated august 14, 1991 under sections 323/504/506 readwith section 34 ipc. the aforesaid summoning order waschallenged by the respondents by filing a revisionpetition before the learned sessions judge. vide orderdated september 16 ..... 34 ipc has been set aside. 2. the petitioner vinod kumar had filed acomplaint against the respondents, namely, m.r. sapra anddaya nand under the aforesaid sections. as per thecomplainant, he is a partner of m/s. prema & sons, hisarand carrying on the business of the plywood, glasses etc.according to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-14-2003
Reported in : 2003(2)ALT(Cri)8; 2003CriLJ2851
..... necessary. to prove rape, omission of semen is not necessary for the commission of the offence of rape. the only ingredient, which has to be fulfilled, is penetration. explanation to section 375 of the indian penal code lays down that penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.10. i do not find any infirmity .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-26-2003
Reported in : 2003CriLJ2675
..... able to prove the sale of beef by the petitioner in the area of village barka alimudinpur and thus, he has committed an offence under section 5 punishable under section 8 of the act.3. in the present revision petition the petitioner has disputed the finding recorded by the courts below on the ground that the informant who has ..... 2) scc 295 has considered the entire law pertaining to the test identification parade and held that the evidence of identification is relevant piece of evidence under section 9 of the evidence act where the evidence consists of identification of accused at his trial. the identification of an accused by a witness in court is substantive evidence whereas evidence of ..... sentencing him to undergo s.i. for one and half years and to pay fine of rs. 3000/- for the offence punishable under section 8 of the act for contravening the provisions of section 5 of the act.2. the prosecution case was that on 1.1.1994 the police party headed by sadhu ram hc, consisting of jai pal hc .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-26-2003
Reported in : 2003CriLJ4147
..... , it was held that there was no immediatedanger or emergency for the removal of thestructure offending in that case. it is alsosettled law that recourse to section 133 couldnot be a substitute for the civil proceedingsand the parties should have recourse to thecivil remedy available and should not beencourse (sic encouraged) to taking ..... enablean executive magistrate to pass orders speedily in a casewhere public nuisance or obstruction has been made in theright of the public at large. the object of section 133cr.p.c. is not to enable a complainant to obtain orderto safeguard his civil right nor he can obtain any reliefin connection with his legal rights ..... recourse tothe provisions of section 133 of the code.' 6. in view of above judgment of the supreme courtas well as the long binding precedents of this court suchas pritam singh etc .....
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