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 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-06-1989
Reported in : AIR1989P& H205
..... was admitted to be correct. if the offer was accepted by the appellant at chandigarh then part of the cause of action has arisen at chandigarh.9. section 41 of the act provides that the provisions of the code of civil procedure (for short the code) shall apply to all proceedings before the court and to all appeals under ..... of which the arbitration proceedings originated and now award has been made by respondent no. 4, was conveyed by the respondents at chandigarh, and proceedings under section 28 of the arbitration act in respect of the extension of time for the making of the award by respondent no. 4, referred to above, were also initiated at chandigarh in the ..... making an application to set aside the award has expired shall pronounce judgment according to the award and upon the judgment so pronounced a decree shall follow. section 17 of the act further postulates that no appeal shall lie from such decree except on the ground that it is in excess of, or not otherwise in accordance with the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-12-1989
Reported in : AIR1990P& H237
..... the observation of the learned single judge, reproduced above, is beyond the record and cannot be sustained. there is no power of review. under section 24 of the act, powers have been given to chief settlement commissioner to exercise supervisory powers of revision in respect of the decisions of subordinate officers. the power of ..... .) determining the eligibility of the appellant is improper and set aside the same. the appellant preferred a revision petition under section 33 of the displaced persons (compensation and rehabilitation) act, 1954, (for short the act) before the central government which was heard by the delegated authority. the revision petition was dismissed on february 25, 1971 ..... the legislature to be exercised for specific purpose on specific grounds.section 25 of the act deals with the review of an order of the settlement officer passed under section 5 of the act from which no appeal is allowed under section 22 of the act. a very limited power of review has been given to the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-16-1989
Reported in : [1989]179ITR161(P& H)
..... other institutions of like nature. to achieve the object of the aforesaid purpose, if any business is done, the matter would still be covered by section 11(1)(a) of the act. since the business was carried on solely for applying the receipts for charitable purposes for education and bringing up of poor by giving financial help and ..... facts and in the circumstances of the case, the tribunal was right in law in holding that the assessee was entitled to exemption of its income under section 11 of the income-tax act, 1961 ?'4. the narration of the facts stated above shows that the matter was reopened in view of indian chamber of commerce's case : [ ..... utility for promotion of commerce and trade, not involving the carrying on of such activity for profit within the meaning of section 2(15) of the act, the asses-see would be entitled to exemption under section 11(1)(a) of the act. some of the relevant observations areas follows (headnote of : [1980]121itr1(sc) ) :'where, therefore, the purpose of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-17-1989
Reported in : AIR1989P& H322
ORDERJ.V. Gupta, J. 1. This is tenant's petition against whom eviction has been ordered by both the authorities below on account of non-payment of house-tax.2. The landlord, Smt. Santosh Kumari, filed an ejectment application on 13th Jan., 1984 claiming arrears of rent @ Rs. 240/- per month with effect from 1st Oct., 1982. It is also claimed in para 4 of the ejectment application that the tenant is also liable topay house-tax at the rate of Rs. 24/- per month which he has not paid from 1st May, 1980 to 31st Dec., 1983, in spite of notice served on him on 21st April, 1980. Thus, according to the landlord, a sum of Rs. 1,032/- is also due from the tenant on this account.2A. On the first date of hearing, the tenant paid the total amount of Rs. 4,290/- including the costs and the interest. The said rent was paid up to 29th Feb., 1984, i.e. in excess for three months. In other words, a sum of Rs. 720/- equivalent of three months' advance rent at the rate of Rs. 240/- per mensem was paid in ...
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 : Jan-18-1989
Reported in : AIR1989P& H224
..... fittings and fixtures including the telephone in question having fallen to the share of the answering respondent on the basis of family settlement dt. 9-2-1986 which was duly acted upon (photostat copy annexure r-1) between the parties after the death of their mother smt. kaushalya. it was further clarified that another house along with its fittings and fixtures .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-19-1989
Reported in : AIR1990P& H115
..... buildings within the municipal limits of ludhiana are concerned, the same are governed by the punjab municipal corporation act, 1976. section 275 of the punjab municipal corporation act, 1976, provides that the building activity can be by a town plan or building scheme. upto 1-4-1977 the punjab municipal ..... case of the respondent that so far as the building activities within the municipal limits of ludhiana are concerned, they are governed by the the municipal corporation act, 1976.3. i have heard the learned counsel for the parties and perused the documents on the file.4. so far as construction activities of ..... act, 1911, was operative at ludhiana. under the punjab municipal act, 1911, the building activities were regulated by s. 192 of the act. as a matter of a fact s. 192 of the act .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-23-1989
Reported in : (1990)83CTR(P& H)182; [1989]178ITR393(P& H)
..... , it is not permissible under section 41(1) of the act to add the amount in question, that is, that received as refund by the erstwhile partners of the firm in their individual capacity. no penalty could, therefore, ..... and distinct assessees. in the present case, deductions in respect of liability for sales tax wereallowed to the firm. by virtue of section 41(1) of the act, therefore, the amount would be deemed income in the hands of the assessee that got the deductions which, in this case, was the firm. this being so ..... clearly to be answered in the affirmative, in favour of the assessee and against the revenue. keeping in view the definition of 'person' as given in section 2(31) of the act, it will be seen that it includes a firm too which means that a firm will succeed a firm while its partners in their individual capacity are separate .....
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, .....
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