Court : Punjab and Haryana
Decided on : Dec-02-2003
Reported in : (2004)136PLR508
..... state.' a reading of the judgment of the division bench would reveal that only tarlok singh was found guilty of murder of surinder kaur and convicted under section 302 ipc for his individual act of causing death by pouring kerosene oil on her and setting her on fire. further more, the finding of the court was also that tarlok singh had ..... as the petitioner was involved in a heinous crime for the murder of his wife.2. the brief facts of the case are that the petitioner was convicted under section 302/34 ipc for the murder of his wife vide judgment dated 8.8.1995 passed by the learned sessions judge, patiala and has been awarded sentence of life ..... of 'murder' which would probably be one where the murderer repeatedly inflicts fatal injuries on the victim and thereafter removes the dead body and disposes it of or otherwise acts in an unusual or brutal manner. in support of his contention the learned counsel relied upon a decision of this court rendered in tarlok singh v. state of punjab, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-29-2003
Reported in : (2004)137PLR286
..... was being cultivated through his brother. nothing had come on record that sarup singh had necessity of money for the purpose of any of his issues or any such other act. no other litigation was pending against sarup singh. on that basis it was held that the power to alienate the land had been got incorporated by defendant no. 1 in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-21-2003
Reported in : II(2004)BC53; (2003)135PLR699
..... of land in favour of kehar singh was confirmed.8. against the aforesaid order, the son of the auction purchaser gajinder singh fileda petition under section 15(1) of the act before the financial commissioner, revenue,punjab. the learned financial commissioner vide his order dated 31.10.2000 (annexure p7) set aside the order dated ..... chief settlement commissioner vide his order dated 22.4.1969 dismissed the appeal filed by kehar singh. against the order, a petition under section 33 of the displaced persons (compensation and rehabilitation) act, 1954 was filed and the same was also dismissed on 6.11.1973.4. still feeling aggrieved against the aforesaid orders, kehar singh ..... for the petitioners has raised this contention for the first time at the time of arguments. no such plea was earlier raised before the authorities under the act when the matter was considered at the various levels. even in the instant writ petition, nothing has been mentioned and no material has been placed on record .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-03-2003
Reported in : (2004)136PLR814
..... property, or grant of possession of subject matter of the suit.' 6. at this stage, it also becomes relevant to refer to the provisions of section 28 of specific relief act, 1963. section 28 reads as under:-'rescission in certain' circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed ..... raised that the amount in terms of the decree has not been deposited and therefore, contract between the parties was liable to be rescinded under section 28 of 1963 act or even under general power vested in the court. not taking this objection right at the very out set of the proceedings before the executing court ..... or direct rescinding of the contract in terms of the statutory provisions. these provisions arc essentially prohibitory in their language and meaning and that is why section 28 of 1963 act vests a wide discretion in the court and the legislature in its wisdom has used expression may and not shall. once the terms and conditions .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-29-2003
Reported in : (2004)137PLR152
..... municipal corporation (respondent no. 3) funds. rule 2(e) of the pension rules 1994 defines 'corporation fund' to mean the fund constituted under section 76 of the 1976 act. section 76 of the 1976 act provides for constitution of corporation fund. the same reads as under:-76. constitution of corporation fund.- (1) save as otherwise provided in this ..... it became a corporation was a municipal committee under the punjab municipal act, 1911 (1911 act - for short). 'committee' has been defined in section 3(4) of the 1911 act to mean a municipal council or nagar panchayat, as the case may be, constituted under section 12 of the 1911 act. the said definition of 'committee' is as it has been ..... as already noticed, 'qualifying service' also includes services rendered under a committee. as to what is a 'committee', it is appropriate to note that section 2(25-a) of the 1976 act defines 'municipality' to mean an institution of self government constituted under article 243-o of the constitution of india .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-27-2003
Reported in : 2003CriLJ4668
..... have the knowledge of the existence of those weapons and these weapons could not have been recovered by the police without the assistance of these accused and, therefore, section 27 of the evidence act is quite applicable to the present case. if the participation of kulwinder singh alias kala and baldev singh in the murder of rajbir singh is proved, then the ..... common judgment.2. fir no. 67 dated 15-10-1997 ex. pm/ 2 was registered at 2.00 p.m. under sections 307/34 of the code and sections 25 and 27 of the arms act, hereinafter referred to as the act. the fir ex. pm/2 related to an occurrence which allegedly took place at 7.45 a.m. on 15-10- ..... the code ) and criminal appeal no. 177-db of 2001 has been preferred by nirpal singh and nardev singh who have been found guilty of offences punishable under sections 120b read with section 302 of the code. all were awarded imprisonment for life and payment of rs. 2000/- each as fine, and in default thereto to further undergo rigorous imprisonment for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-22-2003
Reported in : (2003)135PLR601
..... any of the parties to prove the terms of the contract with reference ,to oral or documentary evidence to find out the invention of the parties. under section 92 of the evidence act where the written instrument appears to contain the whole terms of the contract then parties to the contract are not entitled to lead any oral evidence to ascertain ..... the terms of the mortgage has been reduced into writing, any oral evidence in respect of the contents of the documents is not admissible in view of the section 92 of the evidence act.11. there is no recital in the mortgage deed regarding the surrender of tenancy rights, therefore, the parties were at liberty to adduce oral evidence on the ..... appellant has also relied upon food corporation of india and anr. v. hardial singh and ors., (1996-3)114 p.l.r. 207 to contend that section 91 of the evidence act is an absolute bar to the production of any oral evidence to prove the terms of a contract which has been reduced to writing. the learned counsel for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-10-2003
Reported in : I(2006)ACC282; 2004ACJ1739; (2004)136PLR476
..... of f.a.o. no,948 of 1984 and cross-objection no. 49-cii of 1997, filed in the said appeal. in the appeal under section 110-d of the motor vehicles act, 1939 (act-for short) the appellant new india insurance company limited assails the award dated 17.8.1984 passed by the motor accident claims tribunal (tribunal-for short) ..... the policy affects the right of any person indemnified by the policy or any other person to recover an amount under or by virtue of the provisions of section 96 of the act. however, the insured was liable to repay to the company all the sums payable by the company which the company would not have been liable to ..... insurance company would beat liberty to recover the excess amount from the insured by executing this award againstthe insured to the extent of such excess as per section 174 of the motor vehicles act,1988. in respect of the amount payable, the executing court shall consider the liabilityof the insurance company vis-a-vis the insured independently uninfluenced by .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-07-2003
Reported in : (2004)137PLR854
..... rights, in a proceedings to which they were parties. it is contended that a decree for restitution of conjugal rights, has been passed in terms of section 9 of the act, on 16.1.1988 by the learned additional district judge, ludhiana, and thereafter, till the institution of the petition on 27.1.1989, there has ..... in which she claimed interim maintenance and litigation expenses. the appellant was also compelled to incur expenses in defending the cases. a petition was also pending under section 25 of the act for permanent alimony filed by the respondent. on these grounds, he claims divorce.3. the respondent wife filed her written statement to the petition, in ..... husband and wife at village pamal, tehsil and district ludhiana. no child was born out of the wed lock. the appellant-husband filed a petition under section 13 of the act, for dissolution of the marriage between the parties, on the ground that the respondent had withdrawn herself from his company without any reasonable cause to harass .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-22-2003
Reported in : (2003)133PLR611
S.S. Nijjar, J.1. The petitioner was recruited as Sub-Inspector through Sub-ordinate Services Selection Board, Punjab and joined the respondent-department as Sub-Inspector on 13.5.1960. Seniority list of Sub Inspectors of the Cooperative Societies was published for the first time in the month of February, 1972. The name of the petitioner was not shown in the aforesaid seniority list. In the month of January, 1984 again a tentative list of Sub Inspectors of Cooperative Societies was published depicting the position as it existed on 1.7.1983. The name of the petitioner was shown at Sr. No. 284. The petitioner made a representation against the tentative seniority list. Representation of the petitioner was not decided. The petitioner, therefore, filed CWP No. 1800 of 1985. The aforesaid writ petition was allowed and the respondents were directed to dispose of the representation of the petitioner within two months from the date of the passing of the order i.e., September 1, 1986. On 15.10.1...
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