Court : Punjab and Haryana
Decided on : May-26-1989
Reported in : AIR1990P& H110
..... competent to give the allotment to the petitioners in satisfaction of their unsatis fied claims under s. 20 of the displaced persons (compensation and rehabilitation) act, 1954, in accordance with the relevantprovisions of the land resettlement manual by dr. tarlok singh. no approval whatsoever was necessary to be sought by the ..... is concerned, notwithstanding the transfer of the surplus property in the compensation pool to the state government under the 'package deal' the authorities under the rehabilitation act continue to have power, as they had before the 'package deal'.... in a way, therefore, the unsatisfied claimants have got a sort of charge ..... with thesaid manual right up to 1-961, when theevacuee property was transferred by way of'pacakage deal' under the displaced personsl(compensation and rehabilitation) act,1954. even thereafter, the system of allotment:continued as before and it was rather reinforced by the state government vide theirpolicy instructions dated 20th august, 1962 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-29-1989
Reported in : AIR1990P& H1
..... shall stand allotted to serve in connection with the affairs of the board with effect on and from such date as may be specified in such order. section 31(b) of the act provided that with effect on and from the date specified in the order under cl. (a) the persons specified in such order shall become employees of ..... with the affairs of the board and shall cease to be an employee of the government, subject to two provisos which were not concerned in that case. section 31 of the act provides that as soon as may be after the notified date, thegovernment might after consulting the board direct by general or special order that such of the employees ..... as the board) as junior engineers. at that time, the respondents were employees of the board which was constituted in the year 1971. section 30 of the tamil nadu water supply and drainage board act,1970 provided that every person who immediately before the notified date is serving in connection with the affairs of, the department of public health .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-29-1989
Reported in : (1990)97PLR370
..... appointed as has been pointed but above in case this interpretation of the learned counsel is to be accepted, then the provisions of first proviso to sub-section (1) of section 32 are completely rendered redundant and any such interpretation has to be avoided.'and lastly :-'.....this is more so in the present case for the reason that ..... parties, if noted at the outset, would make things easier. the guru nanak dev university ordinance, 1969 established the university, followed by act of the same name on november 29, 1969. section 19 of the act provided that the first statutes of the university shall be made by the state government and notified in the official gazette. the first statutes ..... the university. besides as said earlier the decision of the vice-chancellor had not been put for approval before the syndicate, which alone is competent under section 19(6) of the act to add a new statute, and to the existing ones, or cause any amend meat or repeal of a statute. when the syndicate under the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-1989
Reported in : 1990(26)ECC153; 1990(48)ELT363(P& H)
..... rule 8 of the central excise rules, 1944 (hereinafter referred to as 'the rules') ceases to be ex-cisable goods within the meaning of section 2(d) of the central excise and salt act, 1944 ('the act' for short) is the short but important question raised in this writ petition.2. m/s hind rubber factory, the petitioner in the present ..... transmission rubber beltings (t.r.b.) fall under item no. 16-a (4) of the first schedule.3. the expression 'excisable goods' is defined under section 2(d) of the act to mean 'goods specified in the first schedule as being subject to a duty of excise and includes salt.' rule 8 of the central excise rules, 1944 (for short ..... , held that the goods so exempted - not being 'taxable goods' - could not be brought to charge under section 7a of the said act. it was thus in view of the peculiar provisions under the tamil nadu general sales tax act that the above case was decided. in our considered view this does not provide an authority for the proposition that excisable .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-1989
Reported in : AIR1990P& H18
ORDER1. Vide this judgment, a bunch of writ petitions are being disposed of. One of the questions argued is common in all the writ petitions which is formulated as below : --'Whether the students who had appeared in April in the Final Examination of B.A. having failed or placed in compartment could seek admission to B.Ed. Correspondence Course and afterwards passing B.A. Examination held in September (Supplementary Examination.)'In two of the cases, facts are being narrated whereas in other cases facts are similar.2. The common facts are given as under : --The M.D. University started B.Ed. Correspondence Course for the first time in the Session 1988-89. It is one year course, Last date for submitting application forms was 31st May, 1988 as given in the prospectus. The admission was open to candidates from all over the country who might olherwise fail to enter Colleges of Education for various reasons. Note at page-2 of the Prospectus issued by the University in this respect reads as un...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-1989
Reported in : AIR1990P& H187
ORDER1. In this petition filed under Art. 226 and 227 of the Constitution the short question involved is as to whether the policy decision of the State Government dated 11th January, 1962 (Annexure P-4), providing reservation of 2 per cent of seats in technical/ medical institution in the State in favour of 'outstanding sportsmen', is applicable at both the stages that is, in M.B.B.S. as well as in M.D./M.S., or the same is restricted only to M.B.B.S. Degree Course and is not available to the sportsmen in the M.D./M.S., even though no exception to that effect is carved out in the policy decision itself. Obviously, the reply has to be in favour of the sportsmen thereby upholding the reservation in M.D./ M.S. courses also.2. The petitioner is an outstanding sportsman of international standing. He represented India under 19/20 years' age group in the; discipline of cricket; in the year 1980-81. He was selected in the Indian Cricket Team which visited Sri Lanka for playing the test-match a...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-31-1989
Reported in : AIR1990P& H169
..... for executing the scheme. initially, the scheme had to be executed within a period of five years from the date the scheme was notified under sub- sec. (2) of s. 42 of the act. if within the period prescribed; the scheme is not executed, the state government can extend the time to execute the same on satisfaction that it was ..... or may send it to the trust for reconsideration. as observed earlier, the scheme attains finality after its sanction and the issuance of notification under sub-sec. (2) of s. 42 of the act is a conclusive evidence that the scheme has been duly framed and sanctioned. the non-compliance with any procedural provisions is cured once a scheme has been ..... the trust prepare 'an expansion scheme' to promote and control the development of and to provide for the expansion of a municipality in any locality adjacent thereto. sub-sec. (3) of s. 24 of the act provides for the lay-out of the locality to be developed in a 'a development scheme' or 'an expansion scheme'. s. 25. of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-01-1989
Reported in : AIR1991P& H20
..... court on behalf of his employer. the period during which he was serving as assistant district attorney or district attorney, he was a government pleader within the meaning of sub-sec. (7) of s. 2 of the code of civil procedure and public prosecutor within the meaning of s. 24 of the code of criminal procedure in that capacity, ..... as assistant district attorney or district attorney, he remained enrolled as an advocate. the bar council of india in exercise of power under s.49 of the advocates act, 1961 (for short 'the act') framed rules. r.49 of the rules provided that an advocate shall not be a full-time salaried employee of any person, government, firm, corporation, ..... issued him certificate of enrolment as an advocate under s. 22 of that act on march 2, 1964. he was appointed as assistant district attorney by the governor, punjab, on february 20, 1961. the appointment, envisaged that he will be a government pleader within the meaning of sub-sec. (7) of s. 2 of the code of civil procedure and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-02-1989
Reported in : AIR1990P& H336
..... attitude of the revenue authorities of the state. the mandate of the legislature as expressed in ss. 9 and 9-a of the punjab security of land tenures act, 1953, is clear that while introducing agrarian reforms in the country, rights of small landowners in the state have to be protected and the centuries old relationship of ..... with a direction, that the tenant should seek his remedy for getting the alternative land allotted to him for his resettlement on some surplus area under the punjab land reforms act, 1972. against the aforesaid ejectment order dated 8th august, 1975, the respondent filed an appeal before the additional deputy commissioner, amritsar, and the order of the learned ..... the lease money which were decreed from time to time. ultimately he invoked the provisions of s. 9(i) and (ii) of the punjab security of land tenures act, 1953, and filed an application in form k-i for ejectment of the tenant (respondent no. 6) from the land in dispute. the application was allowed by the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-02-1989
Reported in : AIR1990P& H99
..... does not pass to its dealers at jalandhar.11. it has been contended by shri subhash kapoor, learned counsel for the petitioner-corporation, that section 113 of the act authorises the levy of octroi duty on articles and animals imported into the local area without any reference to the use or consumption of the said ..... petitioner-corporation is actually paying octroi without any objection whatsoever. the process carried outby the petitioner is explained in the written statement. it is pleaded that section 113 of the act has to be read subject to the relevant provisions of the constitution and, more particularly, entry no. 52 of list ii of schedule seven of ..... the petitioner-corporation. has amended the writ petition and has impugned the appellate order also.5. in the writ petition, the petitioner has pleaded that section 113 of the act has authorised the levy of octroi on articles and animals imported within the municipal limits of respondent no. 1 without any reference to the use, consumption .....
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