Court : Punjab and Haryana
Decided on : Feb-28-2003
Reported in : AIR2003P& H191; II(2004)DMC410; (2003)134PLR500
..... and circumstances of each case. in the present case, it may be noticed that the appellant before the learned trial court had filed an application under section 24 of the act for grant of maintenance pendente lite. it was the admitted position that the respondent was working as a clerk-cum-cashier with the punjab national bank, ..... alimony is admissible without the relationship between the supposes being terminated. in the said case the wife filed an application for grant of permanent alimony under section 25 of the act, after the joint petition of grant of divorce by mutual consent had been dismissed as withdrawn. it was held that in those circumstances, the applicant ..... of their rights under the decree.' therefore, the decree for divorce being passed in the present case, the appellant-wife would be entitled to the maintenance under section 25 of the act. the hon'ble supreme court in chand dhawan v. jawaharlal dhawan, (1992-2)102 p.l.r. 114 (s.c.), considered the question whether payment .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-11-2003
Reported in : III(2003)BC24
..... uncontroverted allegations made in the complaint and the evidence recorded at the preliminary stage of the enquiry prima facie bring out the case within the ambit of section 138 of the act. applying the above parameters to the present case, it cannot be said that no foundation had been laid in the complaint and the preliminary evidence led ..... mills, appellant had filed a criminal complaint against smt. shakti bhakoo, respondent as well as her brother-in-law, anoop bhakoo, as well as under section 138 of the act because of dishonour of cheque which had been issued by m/s sutlej knitwears of which anoop bhakoo and shakti bhakoo were partners. against the summoning order ..... taking into account oral as well as documentary evidence, the learned judicial magistrate ist class, ludhiana summoned accused nos. 2 and 3 to face trial under section 138 of the act as per his order dated 17.7.2000. hence, this petition for quashing of the complaint and the summoning order.4. none appeared on behalf of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-21-2003
Reported in : AIR2003P& H166
..... made by the witness, the plea of bona fide purchaser was repelled by both the courts below. in order to succeed for obtaining protection provided by section 19(b) of 1963 act, a transferee is required to satisfy that (a) he has purchased for value the property in respect of which specific performance of a contract has been ..... making any enquiry with regard to encumbrances on the property would lead to the conclusion that the defendant-appellants have purchased the property with notice. section 3 of the transfer of property act, 1882 defines that a person is said to have notice of a fact when he actually knows that fact, or when but for wilful ..... subsequent sale deed dated 16-5-1991 executed by defendant-respondent nos. 4 to 6 in their favour. he has further submitted that section 19(b) of the specific relief act, 1963 (for brevity, 'the act') provides protection to a bona fide purchasers without notice. but if on making reasonable enquiries, no encumbrance on the property purchased has been .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-26-2003
Reported in : 2004ACJ178; (2003)135PLR46
H.S. Bedi, J.1. This appeal arises out of a claim petition filed on account of the death of Harvinder Singh, the husband of claimant No. 1, the father of claimant Nos.2 to 4 and the son of claimant Nos. 5 & 6, As per the facts of the case, the deceased, who was a Painter and employed with the Punjab Roadways. Moga Depot, was going on a scooter No. CH-01-H-4396 met with an accident with truck bearing registration No. CH-01-G-439, belonging to the Chandigarh Administration, in which he was killed. A claim petition was filed by his legal heirs-claimants and the Tribunal vide findings on issue No. 1 held that the accident occurred on account of rash and negligent driving of the offending truck by its driver and then awarded a sum of Rs. 6.58,000/- in favour of the claimants alongwith interest at the rate of 12% per annum from the date of the filing of the claim petition till its realisation.2. Dis-satisfied with the amount of compensation awarded by the Tribunal the present appeal has been...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-12-2003
Reported in : (2005)140PLR212
..... singh son of partap singh.10. now, the first question to be seen is whether the said will has been duly proved. according to section 63 of the indian succession act read with section 68 of the indian evidence act, the will is required to be attested by two witnesses and one attesting witness is required to be produced for proving its due execution ..... s son, is a class-ii heir and falls in entry no. iv while nand kaur falls in entry no. vi of class-ii heirs and according to section 9 of the hindu succession act, heirs falling in the 1st entry shall be preferred to those in the iind entry and so on in case of succession to the property. thus, respondent ..... the plaintiff has no locus standi to file the present suit? opd3. whether the suit is not maintainable in the present form? opd4. whether the plaintiff is estopped by his act and conduct to file the present suit? opd5. whether the suit is bad for non-joinder of necessary parties? opd6. whether the defendants are entitled to special costs of rs .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-18-2003
Reported in : (2004)138PLR49
Ashutosh Mohunta, J.1. The appeal is directed against the award dated 9.10.1990 given by the Motor Accident Claims Tribunal, Gurgaon.2. Madan Lal, his wife Smt. Meena alias Maina, his son Vikas (present appellant) were on their way from Gurgaon to Faridabad on scooter bearing No. HYW-917 on 17.8.1989 at about 5.15 P.M., when they were knocked down by the truck bearing registration No. DIG-3345. Madan Lal, who was 43 years of age and was working as Assistant Manager with the Eicher Tractors Limited, Faridabad, died at the spot. His wife Smt. Meena, who was aged about 38 years and was a J.B.T. Teacher, suffered serious injuries and remained hopitalised at Safdarjang Hospital, New Delhi, for 15 days and thereafter she succumbed to her injuries. Vikas was aged 11 years at that time and was studying in sixth class at the relevant time, suffered permanent disability, underwent pain and suffering and thus, he became crippled for the whole life. The Motor Accident Claims Tribunal Gurgaon (for ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-21-2003
Reported in : (2003)135PLR95
..... of six months which covered the first weeks of may, 1981, in which the employees of the cooperative societies went on strike. sub section 1 of section 22 of the act, reads as under:-'(1) no person employed in a public utility service shall go on strike in breach of contract.a) without giving ..... employed during the intervening period. consequently, the workmen has been rightly declined the benefit of back wages. mere reinstatement of the petitioner under section 11-a of the act, would not give any right to the petitioners to claim continuity in service and full back wages.8. i have anxiously considered the ..... of the petitioners were terminated alongwith large number of other workers without issuing any charge-sheet, payment of any compensation under the industrial disputes act, 1947 (hereinafter referred to as 'the act'), and without holding any departmental enquiry. the petitioners raised an industrial dispute. after reference of the industrial dispute, the presiding officer, labour .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-16-2003
Reported in : 2003(88)ECC133
..... secret informant in any document which is sent for registration of the first information report.32. the other contention of learned counsel regarding non-compliance of section 42 of the act is also without any substance and against the records for a very simple reason that in the present case the secret information was reduced into writing, ..... make it clear that the recovery in this case was effected from the briefcase of the appellant and not from his person and therefore, the compliance of section 50 of the act was not at all required. all the witnesses to recovery have categorically stated that the contraband was in the briefcase of the appellant, which he was ..... according to the learned counsel, this offer would be termed as a partial offer and as such would amount to non-compliance of the mandatory provisions of section 50 of the act. the learned counsel thus contends that there is no signature of the appellant is the consent memo. exhibit pb/1 and similarly in another consent memo, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-11-2003
Reported in : (2004)137PLR757
..... the high court to dismiss the election petition which did not comply with the provisions of section 81, or section 82 or section 117 of the act. it was emphasized that section 83 did not find place in section 86. under section 87 of the act every election petition shall be tried by the high court as nearly as may be in ..... constituency requesting the electors to vote for respondent no. 1. the aforesaid allegations are said to constitute corrupt practices within the ambit of section 123(7)(d) of the act. the aforesaid section prohibits obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or by any other person (with ..... alongwith the election petition. the affidavit did not disclose the source of information in respect of these speeches alleged to have been made by the appellant. section 83 of the act requires an affidavit in the prescribed form in support of allegations of corrupt practice. rule 94-a of the conduct of election rules, 1961, requires .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-18-2003
Reported in : (2004)136PLR123
..... the constitution of the gram sabha, gram panchayat, panchayat samiti and zila parishad is provided under the punjab panchayat raj act, 1994 (hereinafter referred to as 'the act'). section 98 of the act provides for establishment of panchayat samiti for every block in the district having jurisdiction over the entire block area, excluding such ..... portion as are included in municipality, corporation, notified area committee etc. section 99 of the act provides for the composition of panchayat samiti which shall consist of 15 to 25 directly elected members from territorial constituencies as well as member ..... of legislative assembly and member of legislative council as given in section 99 of the act. as per section 105 of the act, chairman/vice-chairman of the panchayat samiti is to be elected from amongst the elected members. the state government has .....
Tag this Judgment!