Court : Punjab and Haryana
Decided on : Aug-31-1989
Reported in : AIR1990P& H330
..... referred to as the defendant) controverted the material allegations made in the plaint. it denied its appointment as an agent for purchasing food grains for the plaintiff. the act of the plaintiff appointing it as commission agent was unilateral. it denied having made short supply of food grains. the receipt of the tarpaulins was admitted but these were ..... set up. the learned appellate judge was not correct in his observation that the letter does not amount to acknowledgment within the meaning of s. 18 of the limitation act. the letter can be split up in two parts, namely, admission of liability and acceptance of jural relationship. a counter claim was pleaded and it was asserted that ..... ,716.70. i fail to understand on what logic the courts below have dismissed the suit of the plaintiff in its entirely. a judicial officer is expected to act fairly. he has to play an important role in the administration of justice when he is dealing with civil rights of the parties. the least which could be .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-31-1989
Reported in : 1991ACJ118; (1990)97PLR263
..... to him under gift by tulsi ram was not found to be correct for the reasons that a gift could only be made under the provisions of sections 123 of the transfer of property act. and since there was no gift in his favour and ha could not refer his possession to a lawful title it was held that he was ..... only competent authority to pass orders with regard to land which is stated to be shamilat deh as defined under: the gram panchayat act. the civil court's jurisdiction under section 13-b of the gram panchayat act is bar ced for entertaining a suit where the dispute is whether the property vests or does not vest in the gram panchayat. ..... under the gram panchayat act the, .competent authority was the collector and the district development and panchayat officer exercising the powers of the collector passed .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-31-1989
Reported in : AIR1990P& H92
ORDER1. This revision petition is directed against the order of the Subordinate Judge dated August 1, 1988 whereby he refused to review his earlier order dated February 23, 1987.2. Normally this court will not interfere with interlocutory orders. In this case, I am satisfied that the learned trial judge has dealt with the matter in a most cursory manner. He did not try to understand the case pleaded by the J. Ds and hasten to dispose of the applications filed by them in a summary manner.3. The respondent bank filed a suit for recovery of Rs. 97,541.15 with interest against the petitioners and others. The suit was decreed on March 23, 1982 and the learned Judge directed that the decretal amount be paid in instalments of Rs. 3000/- per month from April to September and at the rate of Rs. 5000 / - per month from October to March every year and the defendant was enjoined to make payment of the first instalment of Rs. 3000/- in May 1982.4. The Decree-holder took out execution which was regi...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-01-1989
Reported in : 1991ACJ1149
..... rounded off to rs. 87,000/-. the compensation payable to the claimants is accordingly hereby reduced to this sum. the amount already paid to the claimants under section 92-a of the motor vehicles act, 1939 has, of course, to be deducted from this sum. in other words, the compensation payable to the claimants now would be rs. 72,000/- which the ..... of the matador, the tribunal held the claimants entitled to a sum of rs. 1,15,200/- as compensation including the amount already received by them under section 92-a of the motor vehicles act, 1939.2. reference to the record would show that harish chander deceased was only about 23 years of age at the time of his death. the claimants .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-01-1989
Reported in : I(1991)ACC188
..... rounded off to rs. 87, 000/-. the compensation payable to the claimants is accordingly hereby reduced to this sum. the amount already paid to the claimants under section 92-a of the motor vehicles act 1939 has, of course, to be deducted from this sum. in other words, the compensation payable to the claimants now would be rs. 72, 000/- which the ..... of the matador, the tribunal held the claimants entitled to a sum of rs. 1, 13, 200/- as compensation including the amount already received by them under section 92-a of the motor vehicles act, 1939.2. reference to the record would show that harish chander deceased was only about 23 years of age at the time of his death. the claimants .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-04-1989
Reported in : (1990)97PLR58
..... been influence by the arguments of the learned counsel for the accused mainly on the two counts. firstly, the learned magistrate says that the provisions of section 21 of the act have not been complied with as the complainant could have taken the sample if the trade effluent of the accused company was passing from the accused company into ..... learned magistrate for discharging the accused. to my mind, the reasoning has no basis and the order passed by the learned magistrate cannot be sustained.10. section 21(1) of the act reads as under :-'21. power to take samples of effluents and procedure to be followed in connection therewith.(1) a state board or any officer empowered ..... declared the provisions to be mandatory and non-compliance to be illegality. it is not the case of the accused that non-compliance of the provisions of section 22 of the act has resulted in any prejudice to them. trade effluent discharge is a continuous process. if the accused had not received the report or it was not .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-05-1989
Reported in : AIR1990P& H246; (1990)97PLR68
..... society.' admittedly, there is no such rule as regards the state of haryana. faced with this situation, the learned counsel for the petitioners referred to sub-section (4) of section 29 of the act, as reproduced above to contend that notwithstanding anything contained in the bye-laws of a society, the government has been given power to coopt one-third members ..... applicable to the state of haryana, it was in that context when it was observed by this. court that 'a reading of this sub-section, i.e. sub-section (5) of section 26 of the act makes it amply clear that for purposes of co-option', the government figures nowhere and has no jurisdiction to make any co-option. in a given ..... of loans and grants to the extent of rs. 1 lac. since the government has not contributed to the extent of rs. 1 lac, the provisions of section 29 of the act were not complied with and the nomination, if any, of respondents 3 to 5 was without jurisdiction. it was also submitted that the second question to be decided .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-06-1989
Reported in : AIR1990P& H310
..... as good as an application not made. in this situation, we have no hesitation in holding that the peti-tioners are entitled to the benefit of section 28a of the land acquisition act. holding so. we quash the order of the collector annexure p-2 and remit the case back to him directing him to decide the application of ..... to him in the year 1972. the matter rested there.2. some others, who were aggrieved by the award of the collector, made timely applications under section 18 of the land acquisition act. their applications were referred to district judge. in their cases, the district judge decided the matter on 7-1-1986 enhancing compensation. before that date, the ..... on 27-3-1971. he received compensation to the tune of about rs. 76,000 - in the year 1971 itself. he made an application under section 18 of the land acquisition act to the collector for referring the case to the district judge. since the application was filed after the expiry of the period of limitation, it was rejected .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-07-1989
Reported in : AIR1990P& H206
ORDERM.M. Punchi, J. 1. Pithily put, the case of the petitioner is that it has been supplying meat to the Union of India through the Army Authorities of the Western Command for the last so many years. Somewhere in the year 1988, respondents Nos. 1 to 4 became pregnant with the idea that frozen meat be purchased in bulk quantities in order to send it to various stations governed under the Northern Command. The petitioner having come to know of it started correspondence with the respondents suggesting that it would be in a position to supply frozen meat, if asked to, at a competitive rate cheaper than others. The suggested case of the petitioner that the respondents were simultaneously negotiating with others also is factually not disputed but rather it is maintained by the respondents that three firms other than the petitioner were also in correspondence with it for the supply of frozen meat. And, as averred, as a matter of experiment, some frozen meat had been purchased in the year 198...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-11-1989
Reported in : AIR1990P& H88
ORDER1. Mr. Ball admits having received the costs.2. Mr. Rathee also appears for respondent No. 1 and says that he adopts the reply already filed by respondent No. 2.3. Under S.4(2) of the Haryana Municipal Aci, 1973, any inhabitant of the municipal area or a local area, on alteration of the boundaries of the municipal area, is entitled to raise objections. The petitioner herein is a Gram Panchayat of village Khaira and is supposedly aggrieved on the alternation of the boundaries of the municipal area. In our view, the Gram Panchayat, which is a juristic person and not a natural one, cannot betermed as 'inhabitant' so as to object under S. 4(2) about the alteration of the boundaries of the municipal area. That privilege is with natural persons and not juristic ones like the Panchayat. For this reason we dismiss the petition in limine.4. Petition dismissed....
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