Court : Punjab and Haryana
Decided on : Aug-25-1989
Reported in : (1990)98PLR130
..... :--'3. levy and collection of cess. (1) there shall be levied and collected a cess for the purposes of the water (prevention and control of pollution) act, 1974 (6 of 1974) and utilisation thereunder. (2) the cess under sub-section (1) shall be payable by- (a) every person carrying on any specified industry; and xx xx xxspecified industry' is defined as per ..... section 2(c) to mean :--'any industry specified in schedule i'entry no. 15 of this schedule reads :--'processing of animal or vegetable products industry.'2. though my straight and forthright ..... 1989 and 7139 of 1987, is as to whether the sugar/alcohol industry is covered by entry no. 15 of schedule i to central act no. 36 of 1977, i.e., water (prevention and control of pollution) cess act, 1977. in view of the pristinely legal nature of the question it is hardly necessary to advert to any facts except to record .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-25-1989
Reported in : II(1989)ACC541; 1990ACJ395; (1990)97PLR483
S.S. Sodhi, J.1. The challenge in appeal here is to the award of Rs. 43,200/- as compensation to the widow and children of Jai Pal Singh deceased who was run and killed in an accident with the truck HRK-2261. This happened on June 10,1982 at about 5.30 P.M. near the Canal Rest House on Meerut road Karnal. Jai Pal Singh deceased was on a bicycle when the truck came from behind and ran him over.2. The Tribunal held this to be a case of contributory negligence. The blame of the deceased being assessed at 25% while, that of the truck to be 75%.3. According to the claimants, the deceased after attending to his duties at the Co-operative Sugar Mills Ltd., Karnal, where he was employed, was proceeding towards the city when the truck HRK-2261 came from behind at a very fast speed and hit into bicycle as a result of which he fell down and was crushed under the wheels of the truck. The deceased died at the spot.4. The version of the respondents-truck driver and the owner was that there was a sta...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-28-1989
Reported in : AIR1990P& H208
..... own house have to be balanced.11. in order to determine the question raised, it would be expedient to refer to the provisions of the act. under section 2(hh) of the act as amended by punjab act 2 of 1985, the definition of a specified landlord reads as under :' 'specified landlord' means a person who is entitled to receive rent in ..... controversy between the parties in this petition is as to whether the landlord falls within the definition of specified landlord or not. the definition of specified landlord under section 2(hh) of the act is as under :-- '2(hh) 'specified landlord' means a person who is entitled to receive rent in respect of a building on his own account ..... stage.21. with great respect to the hon'ble judge i find it difficult to agree with the observations 'it is no doubt true that under section 86 of madhya pradesh municipal act a state municipal service is required to be constituted by the state and that state has control over the employees in the service so constituted, but .....
Tag this Judgment!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 : Aug-30-1989
Reported in : AIR1990P& H41
..... another government undertaking. in this view of the matter, the contract which is sought to be put forth as defence by the board as a shield under section 19a of the contract act is not available. the arbitrariness in fixing the price, according to the judicial pronouncements, referred to above, can be looked into and only to that extent. ..... for the board argued that the petitioners having accepted the price fixed at the time of allotment of the flats cannot challenge the same in view of section 19a of the contract act. this contention cannot be accepted. the board is a state under article 12 of the constitution. the entire financial control of the board is with ..... getting back a part ofthe purchase price paid and the benefit taken.the dda is covered by art. 12 and whiledetermining the price of flats constructed byit, it acts purely in its executive capacity. butafter the state or its agents have entered intothe field of ordinary contract, no questionarises of violation of article 14 or of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-31-1989
Reported in : AIR1990P& H312; (1990)97PLR278
..... acquisition court u/s. 18 of the act. the land acquisition court placed the acquiredland in three categories and evaluated it as under;--1. chahi@ rs. 62,000/- peracre.2. barani@ rs. 50,000/- peracre. ..... construction of sutlej yamuna link canal. the notification was followed by the publication of a declaration under s. 6 of the act on 10-1-1983. the land acquisition collector gave the award on march 14, 1984. the claimants were dissatisfied with the award and got reference made to the land ..... 2146, 2165 to 2192 of 1987 and nos. 31 and 78 of 1988.the facts on december 13, 1982, notification under s. 4 of the land acquisition act (for short 'the act') was issued by the state government expressing its intention to acquire land measuring 110-99 acres situated in the revenue estate of v. polwal, tehsil rajpura for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-31-1989
Reported in : AIR1990P& H224
..... )gair mumkin land at the rate of rs. 60,000/- per acre. 9. they will in addition be entiltled to solatium and interest as provided under the amended act.10. the claimant's appeals allowed with proportionate costs and that of the state and cross-objection tiled by it are dismissed. the claimants landowners will be entitled to ..... was followed by a declaration dated jan. 7, 1983 under s. 6 of the act. the collector awarded the compensation to the landowners at the following rate:--(i) chahi land rs. 51360/- per acre. (ii) gair mumkin rs. 18,000/- per acre. ..... 2289 and 2373 of 1987 filed by the claimant-landowners.2. pursuant to a notification dated dec. 13, 1982, under s. 4 of the land acquisition act (for short 'the act') land measuring 61.13 acres situate in the revenue estate of khera gajju was acquired for a public purpose namely construction of sutlej yamuna link canal. the notification .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-31-1989
Reported in : AIR1990P& H66
..... always with the insured owner of the vehicle and for undisclosed reasons, it was not produced on record. under sect ion 95(2)(b)(ii) of the motor vehicle act, 1939 (for short 'act'), the liability of the insurance company at the relevant time per passenger was limited to rs. 15000/- only. the insured on payment of higher premium can enlarge the ..... the insurance company and the tribunal on evidence has recorded a firm finding that the liability of theinsurance company is to the extent of which it is mentioned in the act and the only answer was the production of the original policy of insurance at the time of the filing of the appeal. i am not inclined to accept the application .....
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 : Aug-31-1989
Reported in : AIR1990P& H89; (1990)97PLR290
..... was not effected by a registered deed.7. the entire approach of the learned appellate judge is erroneous and unsustainable. ss. 54, 107 and 123 of the transfer of property act were made applicable to the erstwhile state of punjab on march 26, 1955. after these provisions were made applicable sale, lease of immovable property, gift could only be made by ..... virtue of exchange/adverse possession opp 2. whether the suit is not maintainable in the present form opd 3. whether the plaintiff is estopped from filing this suit by his act and conduct opd 4. whether this court has no jurisdiction to try this suit? opd 5. whether the plaintiff has no locus standi to file this suit opd 6. relief .....
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