Court : Punjab and Haryana
Decided on : May-27-2003
Reported in : III(2004)BC113; (2004)136PLR203a
..... . the prayer was made by the setting up the ground that it is a loan within the meaning of sub-section (6) of section 2 read with section 11-b of the punjab debtor protection act, 1936 (for brevity, 'the act'). it is admitted position that earnest money of rs. 72,000/- was paid in pursuance of agreement to sell ..... learned senior counsel for the jd-petitioner has argued that the amount recoverable from the jd-petitioner is covered by the expression 'debts' used in section 2(c) of the interest act, 1978 (for brevity, '1978 act') and, therefore, the amount should be realised from the jd-petitioner in instalments. for the afore-mentioned proposition, the learned counsel has placed ..... has requested for allowing him to make the payment of decretal amount by instalments and he has got support from the provisions of section 11-b of the debtor protection act, 1936. as per provisions of section 11-b, the court may at any time, on the application of jd, direct that amount of any decree passed against .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-28-2003
Reported in : (2004)137PLR714
Ashutosh Mohunta, J.1. The present revision has been filed by the landlord against the concurrent findings of both the Courts below whereby it has been held that there was no material impairment to the value and utility of the shop in question.2. Learned counsel for the petitioner has argued that the respondent-tenant has made three holes on the western side of the wall in dispute. It has also been contended that the entire floor of the shop has also been damaged and as such repairs would have to be carried out by the landlord.3. After perusing the judgments of both the Courts below, it is clear that the shop in question was let out to the respondent-tenant for Drilling business. The tenant had installed his drilling machines in the shop. It is common knowledge that the drilling machines vibrate a lot when these are in operation and this could result in slight damage to the floor. However, the landlord knew very well that by giving the premises in dispute for the purpose of setting up ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-29-2003
Reported in : 2004ACJ787; (2004)136PLR140
..... and which has persuaded us to record these observations is that the state has exercised its option in availing the benefits of exemption under the provision of section 163 of the act and as such has taken the burden on to itself which otherwise could be the liability of the insurance company. that being the approach and creation of ..... negligent. on the contrary, he pleaded that he was careful and the lady all of sudden came in front of the bus. according to him under section 146 of the motor vehicles act, the authorities cannot recover the amount from him because of such lapse or negligence. rejecting these contentions, the order dated 13.1.1998 was passed directing ..... police department was not insured and the department paid a sum of rs. 1,70,573/- as compensation out of the funds created for the purpose under section 146 of the motor vehicles act, 1988.3. the senior superintendent of police, hoshiarpur vide order dated 9.5.1997, issued notice to show cause to the petitioner as to why .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-2003
Reported in : (2003)135PLR449
..... payment of interest and costs does not arise. secondly, the liability to pay interest on the delayed payment of rent arises under the proviso to section 13(2)(i) of the rent act, only if the tenant has not paid or tendered the rent due in respect of building within 15 days after the expiry of time fixed in ..... subsequent execution of the orders made by the original and the appellate authorities thereunder. it is well settled that beyond the circumscribed limits of sections 16 and 17 of the act in which the relevant sections of the code of civil procedure may be attracted, the rent controller is not bound by any intricate shackles and is wholly free to ..... and ors., (1981)83 p.l.r. 440 has held as under: 'the civil procedure code as such does not govern the proceedings under the act, except to the limited extent provided for under sections 16 and 17 thereof. even by applying these provisions most liberally one cannot bring in either expressly or by necessary implication the rest of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-2003
Reported in : AIR2004P& H9
..... and cohabited together as husband and wife till march 1989. a male child was born from this wedlock. the respondent-gurnam singh filed a petition under section 13 of the act for dissolution of the marriage alleging therein that the behaviour of the appellant was always hostile towards him and his family members and she used to quarrel ..... the judgment and decree dated 16-9-1997 passed by the learned additional district judge, ambala, whereby the petition of the respondent-gurnam singh under section 13 of the act for dissolution of the marriage was accepted.2. the facts leading to the case are that the marriage between the parties was solemnized on 6-5- ..... the appellant show that she has treated the respondent with cruelty which entitled him to a grant of divorce under section 13 of the act. earlier also the respondent had filed a petition under section 13 of the act for grant of divorce but in those proceedings re-conciliation efforts were made and the appellant regretted her past behaviour .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-2003
Reported in : 2003CriLJ4483
..... due course of justice means not only any particular proceedings but broad stream of administration of justice. therefore, due course of justice used in section 2(c) or section 13 of the act are of wide import and are not limited to any particular judicial proceedings. much more wider when this court exercises suo motu power under ..... , to the present proceedings.30. learned counsel for the contemner had then argued that the present proceedings are beyond the period of limitation prescribed under section 20 of the act. here again, the matter has been entirely settled by the hon'ble supreme court and there is no scope for any further argument. the issue ..... 1-1997.'3. against the aforesaid order, the contemner filed r. no. 9/97 before the joint secretary to government of haryana, cooperation department under section 115 of the act. in the revision petition, the contemner argued that the additional registrar cooperative societies was biased on the ground that 'one of the staff attached to him .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-02-2003
Reported in : (2003)135PLR204
Satish Kumar Mittal, J.1. This judgment shall dispose of Civil Writ Petition Nos. 1096, 2687, 3489 and 5689 of 1983, as the common questions of law and facts are involved in these petitions. With the consent of the parties, the facts are taken from Civil Writ Petition No. 1096 of 1983. In these petitions, the petitioners have challenged the selection and appointment of 571 PCMS Class-II doctors selected by the Punjab Public Service Commission (hereinafter referred to as 'the Commission') vide selection lists published on 30.12.1982 (Annexure P-3) and 1.1.1983 (Annexure P-4).2. On 24.4.1982, the Commission made an advertisement for recruitment of 800 posts of Medical Officers in PCMS Class-11. As per the advertisement, out of these 800 posts, 200 posts were reserved for Scheduled Castes and Scheduled Tribes, 40 posts for Backward Classes and 120 posts for Ex-servicemen. The essential qualifications to be possessed by a candidate for aforesaid posts were prescribed as-(i) M.B.B.S. (Punja...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-07-2003
Reported in : (2003)135PLR661
..... terminate the services of the petitioners.a) on 25.3.2002, fir no.7 was registered at police station, vigilance (mohali) under section 7 read with section 13(2) of the prevention of corruption act, 1998 in relation to the trap organised in which shri ravinderpal sigh sidhu was caught red-handed accepting the bribe of rs. 5 ..... following arguments :a) the firs registered against shri ravinder pal singh sidhu and others and statements made by shri jagman singh and shri randhir singh gill under section 164 of the code of criminal procedure do not have any evidentiary value and the reports prepared by the vigilance bureau on the basis of such statements could ..... members will be associated in the conduct of examinations. shri dwivedi then referred to the statements made by shri jagman singh and shri randhir singh gill recorded under section 164 of the code of criminal procedure, in which they gave the details of the modus operandi adopted by shri ravinderpal singh sidhu for ensuring selection of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-10-2003
Reported in : (2003)135PLR68
..... , which clearly states that bis should not depute any office to other organisations till shortage scenario exists. that being the situation, we are unable to hold that the respondents have acted arbitrarily or on extraneous consideration. in absence of any of these factors, the decision of the respondents cannot be said to be violative of articles 14 and 16 of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-11-2003
Reported in : (2003)135PLR522
..... . this argument is devoid of any reason. members of gram panchayat, panchayat samiti and zila parishad are covered by definition of panchayat as contained in section 2(zj) of 1994 act. section 208 talks of disqualification qua members of panchayat not of gram panchayat, as such, if any member of panchayat samiti incurs any of the disqualification, ..... is limited with the government, as compared to the powers available for suspension and removal of sarpanches and panches under section 20 of 1994 act. 16. a perusal of provisions of section 113 and section 2308 of 1994 act, clearly indicates that mere pendency of an fir against a member of panchayat samiti, cannot be made a ground for ..... the effect that in case of registration of a criminal case, a member of panchayat samiti can be removed/suspended from the office. sub-section (1) of section 113 of 1994 act lays down that state government may, during the course of an inquiry suspend a member of a panchayat samiti for any of the reasons for .....
Tag this Judgment!