Court : Punjab and Haryana
Decided on : Feb-12-2003
Reported in : (2003)134PLR602
..... the landlord and the tenant that a harmony is sought to be struck whereby the boha fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have ..... the subsequent events and developments occurred after the initiation of the ejectment proceedings and can reappraise the evidence while hearing the revision under section 15(5) of the east punjab urban rent restriction act, 1949. by taking those events and developments into consideration, i am of the opinion that ejectment of the petitioners on the ground ..... landlord is not justified. the hon'ble supreme court in amarjit singh v. smt. khatoon quamarain's case (supra) has observed as under:-'the rent restricting acts are beneficial legislations for the protection of the weaker party in the bargains of letting very often. these must be so read that these balance harmoniously the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-05-2003
Reported in : II(2004)ACC108; AIR2004P& H162; (2004)136PLR440
..... i.e., railway risk rate, then the railway administration is liable for the loss or damage caused to the same during the course of transit.15. section 78 of the act pertains to exoneration from responsibility in certain cases, which reads as under:-78. exoneration from responsibility in certain cases.- notwithstanding anything contained in the foregoing ..... or the consignee;g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;h) latent defects;i) fire, explosion or any unforeseen risk;provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of ..... the state of despatch. in view of the aforesaid judgments, i am of the opinion that the railway administration was not entitled for any benefit under section 74 of the act.21. in view of the aforesaid discussion, the instant appeal is allowed with costs. the impugned judgment and decree passed by the learned trial court is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-08-2003
Reported in : II(2003)BC448; (2003)133PLR493
..... of india in favour of respondent no. 1. on presentation, the cheque was dishonoured. the respondents served the requisite notice on the petitioner under section 138-b of the negotiable instruments act. since the payment was not made within 15 days, the respondents filed the complaint in the court of judicial magistrate, 1st class, ferozepur. ..... criminal procedure, the petitioner seeks the quashing of the complaint titled as m/s brar rice and general mills v. vardhman overseas ltd. under section 138 of the negotiable instruments act and the criminal proceedings pending in the court of judicial magistrate 1st class, ferozepur (annexure p-2), including the summoning order dated 24.5. ..... of 1898 empowering a magistrate to review or recall an order passed by him. code of criminal procedure does contain a provision for inherent powers, namely, section 561-a, which, however, confers these power's on the high court and the high court alone.' the aforesaid enunciation of law has been reiterated and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-08-2003
Reported in : (2003)134PLR613
..... ground on which the impugned order is now challenged before me is that the petitioner is not an 'industry' within the meaning of clause (j) of section 2 of the act and, therefore, the reference made to the labour court was invalid and that the labour court had no jurisdiction to adjudicate upon the dispute. petitioner is the ..... purpose of regulation and development of drinking water supply and sewerage in the state of punjab. the powers and functions of the board are mentioned in sections 18 and 19 of the 1976 act and these are as under:'18. functions of board:- the board shall perform all or any of the following functions, namely- (i) investigating ..... in favour of the respondent-workman and against the management holding that the services of the former had been terminated in contravention of the provisions of section 25-f of the 1947 act and therefore, the said termination was invalid. the workman was held entitled to reinstatement with continuity of service with full back wages. 2. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-2003
Reported in : 2003CriLJ2171
..... is concerned with the offence.6. the above requirements leave no manner of doubt that before the magistrate can invoke the powers vested in him under section 20-a of the act there should be acceptable evidence on record before him that the person proceeded against is also concerned with the offence. the satisfaction to be recorded by ..... was given to the complainant who stated that he has no objection to the summoning of the manufacturer/distributor/dealer in terms of the requirement of section 20-a of the act. thereafter, the petitioner-accused was allowed to examine gurmeet singh as aw-1 and himself as aw-2. gurmeet singh admitted that he is the ..... drawn from him. thus, the statements of the above witnesses examined clearly indicate that the above evidence leaves no manner of doubt that requirement of sections 19 or 20-a of the act as such had not been established by the petitioner-accused. taking notice of these circumstances, the chief judicial magistrate was fully justified in rejecting .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-2003
Reported in : (2003)133PLR492
Hemant Gupta, J. 1. The petitioner is aggrieved against the order dated 7.3.2001, Annexure P-7, whereby he has been asked to deposit a sum of Rs. 13,255/- on account of wrong fixation of salary without issuing any show cause notice.2. The petitioner was promoted as Assistant on qualifying Assistant Grade Examination within first five chances and was posted in the office of District Education Officer (S) Bathinda. Subsequently, the petitioner was promoted as Superintendent on 19.3.1993. One Kishori Lal was junior to the petitioner in as much as he was at Sr. No93 as against the petitioner who was at Sr. No. 50 in the seniority list of Senior Assistants. Since Kishori Lal was drawing more pay therefore, the pay of the petitioner was stepped up to the level of Kishori Lal and fixed at Rs. 1800/- i.e. equal to the salary of Kishori Lal.3. Subsequently, the Accountant General, Punjab raised an objection against the wrong fixation of pay for the period November, 1994 to September, 1995. Howe...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-2003
Reported in : (2003)133PLR490b
S.S. Nijjar, J. 1. The grievance made by the petitioners in the present writ petition is that they arc not being paid the monthly salaries regularly along-with the other regular employees of the State of Punjab. They therefore, seek the issuance of a writ in the nature of mandamus directing the respondents to pay the salaries to the petitioner on or before the 7th day of next month ( i.e., before expiry of 7 days of wage period) on each and every month. A further direction is sought to the respondent to pay the salaries for the month of November, 2001 to February, 2001 and pay the salary for the month of April, 2002 payable in the month of May, 2002 and to deposit the amount of GPF in the accounts of petitioners in time.2. The petitioners are permanent and regular employees of the State of Punjab. They are all working on Class IV posts, In the year 1982-83, the Government of India sponsored some schemes, one of which is known as Multi purposes Health Worker Scheme. The scheme has been ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-13-2003
Reported in : (2003)133PLR488
S.S. Nijjar, J. 1. The petitioner has filed an application for ejectment of the respondent from the demised premises on a number of grounds, which are as follows:-1. That the respondent has not paid the rent of the above mentioned premises to the applicant w.e.f. 1.2.1982 to date at the rate of Rs. 175/- per month as per rent note dated 8.11.1978. 2. That the Municipal tax has been enhanced by the N.A.C. Goraya and this is the liabilities of the respondent to pay as per the record of the NAC, Goraya. 3. That the respondent has effected material alterations in the said premises by demolishing inner wall of the shop on ground floor on 6.3.1983 and has demolished the water tank in the premises on the ground floor and has extended the same by demolishing the earlier one resulting in crackings of the stair case of applicant's premises on the western side of the suit premises. 4. That the respondent has changed the user of the said premises, the premises on the ground floor are being used by...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-13-2003
Reported in : (2004)136PLR774
J.S. Khehar, J.1. The petitioner was favoured with an allotment of a plot on 28.4.1988 in the industrial area, Panipat. Consequent thereupon, some deposits were made by the petitioner. However, the deposits did not satisfy the schedule indicated in the allotment letter. On that account, the Haryana Urban Development Authority commenced to charge interest from the petitioner. It is also not a matter of dispute that a penalty of 10% of the unpaid amount was also imposed on the petitioner on account of delayed payment.2. The petitioner assails the action of the Haryana Urban Development Authority to claim interest as also to impose any penalty on account of the fact that the possession of the plot was not handed over to her. It has been the case of the petitioner through various representations made by her to the authorities that there is an electric pole within the plot in question bearing live electric wires. In order to determine the veracity of the claim made by the petitioner. Randhi...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-13-2003
Reported in : (2003)133PLR490
S.S. Nijjar, J. 1. We have heard counsel for the petitioner at length and perused the paper book.2. The petitioner had filed CWP No. 9772 of 1999 claiming reimbursement of the medical expenses incurred by the petitioner on his treatment. The aforesaid writ petition was decided on 16.11.1999 on the statement of the Additional Advocate General, Punjab to the effect that the remittance of the medical expenses had been made. The Division Bench further observed that claim for interest on the alleged delayed payment cannot be entertained in case of medical reimbursement. In the aforesaid writ petition, the claim of the petitioner was in the sum of Rs. 1,79,868/-. The aforesaid amount was duly sanctioned and paid. Subsequently, the petitioner had received order dated 20.5.2000, Annexure P-5 in which it is stated that the petitioner was entitled to claim only a sum of Rs. 1,29,504.00. So, the amount of Rs.50,364/- is to be recovered, in the present writ petition, the aforesaid order, Annexure ...
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