Court : Punjab and Haryana
Decided on : Jun-02-1989
Reported in : AIR1990P& H343
..... to as the landlord) filed an application for eviction of the petitioner (hereinafter referred to as the tenant) under s. 13 of the east punjab urban rent restriction act, 1949 (for short the act) as applicable to union territory, chandigarh. the landlord got an insertion in the daily tribune dated march 29, 1987 that he wanted to lease out the first floor .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-02-1989
Reported in : 1989(24)LC533(P& H)
..... laying down the conditions of open general licence referred to as 'ogl' on appendix 33 reads as under:-in exercise of powers conferred by section 3 of imports and exports (control) act, 1947 (18 of 1947), the central government gives general permission, till further orders, to the actual users approved by government as 100% ..... controller of imports and exports issued an open general licence (annexure p-3) dated 5th april 1982 giving statutory effect under section 3 of the import and export (control) act, 1947 (hereinafter called the 'act') to the conditions which were to be made applicable to 100% export oriented units scheme.3 the punjab state industrial ..... for the manufacture of furfural and edible rice bran oil as a 100% export oriented unit under section 3 of the act and under the industries (development and regulation) act, 1951, (hereinafter referred to as the 'regulation act'). the corporation had complied with and followed all the procedural conditions provided in annexures p-2 and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-02-1989
Reported in : AIR1990P& H78
ORDERJ.V. Gupta, J.1. This order will also dispose of Civil Writ Petition No. 5636 of 1989 as the question involved is common in both the cases.2. In the year 1987, petitioners were admitted in the Medical College, Amritsar for M.B.B.S. Professional course on the basis of merit in P.M.T. test held by the respondents No. 1 to 4. According to the petitioners, they gave their first choice of admission to the Government College, Patiala as they belong to District Patiala but they were given admission for the said M.B.B.S. course at Medical College, Amritsar. Petitioners passed their first professional examination from Guru Nanak University, Amritsar held in the month of November/December, 1988. Petitioner No. 1 Dhiraj Sarwal secured 530 marks out of 750 whereas petitioner No. 2 Sandeep Singla secured 517 marks out of 750. The petitioners now wanted migration from Amritsar to Patiala for further study. According to the petitioners, the matter relating to migration/re-allocation/mutual trans...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-13-1989
Reported in : AIR1990P& H117; (1991)IILLJ165P& H
..... in exercise of the powers conferred by article 309 of the constitution of india. later, when the punjab state electricity board was established under section 3 of the electricity (supply) act, 1948, the same set of rules continued to govern the conditions of service of the petitioners even after coming into existence of the board. ..... 9) 10(7) and 10(9) of the punjab state electricity board service of engineers (electrical) regulations, 1965. by providing different conditions of eligibility for sectional officers possessing degree qualification at the time of the entry and the others acquiring degree while in service cannot by itself be said as violative of arts. 14 ..... cadre posts of asstt. engineers (civil) shall be reserved for departmental employees (technical subordinate and drawing staff) who while in the service of the board have qualified sections (a) and (b) of a.m.i.e. examination and have completed three years' service. this sub-regulation is effective from april 15, 1983. prior .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-14-1989
Reported in : 1990ACJ18; AIR1990P& H334
1. Travelling on the roof of the bus, does it per se constitute contributory negligence on the part of such passengers if due to the negligence of the bus driver injury is caused to him? Here lies the significant point in issue in this appeal.2. On June 30, 1983, the claimant-- Vijay Singh boarded Haryana Roadways Bus HRF-5190 at Fatehabad on his way home at village Bhadolan Wali on the Fethehabad-Thedi-Hanspur Road. As the bus was full to capacity, the claimant got on the roof of the bus. When this bus reached near village Thedi, there were over-head electric wires hanging across the road. According to the claimant, he got entangled with one of these wires and was thrown off the bus as a result of which he sustained serious injuries. Compensation was asked for by him in respect of these injuries.3. According to the respondents, that is, the bus-driver and the General Manager of the Haryana Roadways, the claimant had climbed on to the roof of the bus despite the express warning against...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-14-1989
Reported in : 1990ACJ454
S.S. Sodhi, J.1. The claim in appeal here is for enhanced compensation. The claimant being Parkash Kaur, widow of Parshan Singh Dhesi, a retired Superintending Engineer who was killed when, while travelling in the bus CHW 9043, he was thrown out of it on account of its fast speed on a curve. This happened on the Ropar-Anandpur Sahib Road at about noon time on May 30, 1983.2. It was the finding of the Tribunal that the accident had occurred entirely due to the rash and negligent driving of the bus. A sum of Rs. 48,000/- was awarded as compensation to the claimants--Rs. 5,000/- each to the sons of the deceased and the balance to his widow, Parkash Kaur.3. A reference to the evidence on record would show that Parshan Singh Dhesi deceased was about 61 years of age at the time of his death. He was a Superintending Engineer in the State of Punjab and had taken premature retirement and had thereafter taken up employment with Continental Construction Company in Libya where he worked for about ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-18-1989
Reported in : AIR1990P& H149
..... because, according to the learned counsel, the plaintiff has raised construction on the plot in dispute and once the constructions are raised, then in view of section 60 of the easements act the licence could not be revoked. in support of this contention reference was made to jagat singh v. district board amritsar, air 1940 i ahore 509. ..... this behalf was wholly wrong.12. on the other hand, the learned counsel for the defendants submitted that the plaintiff is not entitled to the benefit of section 60 of the easements act, in view of the judgment reported in dhool singh v. smt. bardhu bai, air 1974 rajasthan 90. moreover, no such plea was taken by the ..... contention he referred to chevalier i.i. iyyappan v. the dharmoda-yam co., trichur, air 1966 sc 1017. section 60 of the easements act provides that a licence may be revoked by a grantor unless the licencee acting upon the licence has executedworks of permanent character and incurred expenses on its execution. as observed earlier, no such plea .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-18-1989
Reported in : 1991ACJ324
S.S. Sodhi, J.1. In an accident between a scooter and the Haryana Roadways bus HRT 5240 Sudesh Kumar and the other person on the scooter, namely, Harinder Singh, sustained serious injuries as a result of which they later died. This happened on the Hissar-Delhi Road near the Veterinary Hospital, Rohtak, at about 8.30 p.m. on October 17, 1982. The claim for compensation put forth by the widow and minor son of Sudesh Kumar deceased has been declined by the Tribunal holding that the accident had been caused mainly due to the rash and negligent driving of the scooter and not the bus. Herein lies the challenge in this award.2. According to the claimants, Sudesh Kumar and Harinder Singh were going towards their residences on scooter on the correct side of the road, when the bus coming from the opposite direction and on account of rash and negligent driving came on its wrong side of the road and hit into the scooter as a result of which Sudesh Kumar and Harinder Singh sustained injuries and la...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-19-1989
Reported in : 1990ACJ78; AIR1990P& H98
..... spent a sum of rs. 10,000/- on the treatment of her daughter and, therefore, she will be deemed to be a legal representative as defined under subsection (11) of section 2 of the code of civil procedure. according to the learned tribunal omwati will be entitled to the compensation as any person who meddles with the case of the deceased ..... deceased luxmi, could make any application for being impleaded as a legal representative of the deceased. according to the learned counsel, she was neither her heir under the hindu succession act, nor otherwise could be. said to be a legal representative as such particularly on the death of tej pal. in support of the contention, the learned counsel relied upon calcutta .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-25-1989
Reported in : AIR1990P& H97
ORDER1. This revision petition is directed against the order dated 17th December, 1988 of the learned Rent Controller, Ludhiana refusing to recall the order by which ex parte proceedings were taken against the petitioner. The respondent (hereinafter referred to as landlord) filed an application for eviction against the petitioner (hereinafter referred to as the tenant) on the grounds of non-payment of arrears of rent and making material alterations in the demised premises without written permission of the landlord. Notice of the application was issued to the tenant for 7th November, 1986. The tenant was allegedly served but he did not put in appearance. Summons were not traceable on the file, so fresh summons were issued for 3rd December, 1986. The Process Server reported that the tenant had refused to accept the service. On the basis of this report, ex parte proceedings were ordered against the tenant. On 8th May, 1987 the tenant moved an application for recalling the order dated 3rd ...
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