Court : Punjab and Haryana
Decided on : Jul-11-2003
Reported in : (2004)137PLR757
..... the high court to dismiss the election petition which did not comply with the provisions of section 81, or section 82 or section 117 of the act. it was emphasized that section 83 did not find place in section 86. under section 87 of the act every election petition shall be tried by the high court as nearly as may be in ..... constituency requesting the electors to vote for respondent no. 1. the aforesaid allegations are said to constitute corrupt practices within the ambit of section 123(7)(d) of the act. the aforesaid section prohibits obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or by any other person (with ..... alongwith the election petition. the affidavit did not disclose the source of information in respect of these speeches alleged to have been made by the appellant. section 83 of the act requires an affidavit in the prescribed form in support of allegations of corrupt practice. rule 94-a of the conduct of election rules, 1961, requires .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-16-2003
Reported in : (2003)135PLR213
..... no relationships of employer and employee were existing between the parties as the respondent-workman did not fall under the definition of 'workman' as defined under section 2(s) of the act. he has further contended that the respondent-workman did not complete his job, therefore, he was not paid the remaining amount of rs. 15,000/-. ..... between the parties, as the respondent-workman was employed by the petitioner-management for hire, therefore he fell under the definition of 'workman' as defined under section 2(s) of the act. it was also held that the respondent-workman had completed the work assigned to him. therefore, he was entitled to recover the remaining amount of rs ..... dated 3.6.1985 was dismissed.2. in the instant case, respondent no. 2 (hereinafter referred to as 'the workman') filed an application under section 33-c(2) of the act for computation of rs. 15,000/- as labour charges, which were illegally not paid by the petitioner-management. it was alleged by respondent-workman that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-18-2003
Reported in : (2004)136PLR238
..... external development had been completed by the concerned agency, i.e., huda.16. sh. surya kant, learned advocate general referred to the provisions of section 5 of the 1975 act and the rules and argued that the petitioners are duty bound to deposit edc or. due dates and also pay penal interest for delayed payment of the ..... of sector/master plan roads which will form part of the licensed area will be transferred to the government free of cost in accordance with section 3(3)(a)(iii) of the 1975 act. petitioner no. 1 executed the required agreements (annexures p4 and p5) and also furnished the undertaking in terms of annexure p1. thereafter, ..... 1994, it submitted an application to director town and country planning, haryana (respondent no. 1) for grant of licence under section 3 of the haryana development regulation of urban areas act, 1975 (for short, 'the 1975 act') for setting up of a group housing residential colony on the said land. after scrutiny of the application, respondent no.1 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-23-2003
Reported in : (2003)135PLR254
..... rate of interest and from the date when the debt is payable to the date of the institution of the proceedings. the current rate of interest under section 2(b) of the act means highest of the maximum rates at which interest may be paid on different classes of deposits other than those maintained in savings account or those maintained by ..... court 3095.!0. in ravindera's case (supra), the hon'ble supreme court has the occasion to discuss the scope of section 34 of the code of civil procedure as well as the provisions of banking regulation act, 1949. the supreme court in the said case approved the view of this court in a judgment reported in commissioner of income ..... supreme court in the judgment mentioned above and keeping in view the provisions of interest act, 1978, i am of the opinion that the plaintiff is entitled to interest for a period prior to filing of the suit and thereafter, in terms of provisions of section 34 of the cpc. learned trial court had the discretion not to award interest .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-23-2003
Reported in : (2003)135PLR710
..... the effect that his arrest by the authorities was illegal, ultra vires and uncalled for as he could not be considered as a defaulter under section 3(8) of the punjab land revenue act, 1887 (for short 'the act'). the sub judge, ist class, amritsar, vide judgment dated december 8, 1979 decreed the suit of the plaintiff and declared his arrest as ..... -section (8) of section 3 of the act is to the following effect:- '(8) 'defaulter' means a person liable for an arrear of land revenue and includes a person who is responsible as surety for the payment ..... suit of the plaintiff-appellant vide judgment dated april 30, 1982, and it was held that the appellant was a defaulter in view of the definition contained in section 3(8) of the act. saudagar singh has filed the present appeal to challenge the judgment and decree passed by the additional district judge, amritsar. 3. sub .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-25-2003
Reported in : (2003)135PLR828
..... xxx xxx xxx xxx xxx48. the cumulative effect of the above discussion persuades us to settle the legal controversy in relation to the nature and scope of section 176(4) of the act as under:49. with respect and for the reasons recorded above, we are not quite in agreement with either of the extreme views taken by the ..... more than often. such request de hors of the corrupt practices or other allegations prima facie may justify passing of an order within the scope of section 176(4)(b) of the act. the legislative intent requiring expeditious disposal of a petition and passing of an order of scrutiny and computation without detailed inquiry is explicit in the ..... the satisfaction of the court, nothing prevents the court from ordering scrutiny and computation of votes on recount in the cases falling within restricted scope of section 176(4)(b) of the act. in other words, the court would not be justified in declining such a relief for the reason that the applicant, irrespective of above, must lead .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-29-2003
Reported in : (2004)137PLR152
..... municipal corporation (respondent no. 3) funds. rule 2(e) of the pension rules 1994 defines 'corporation fund' to mean the fund constituted under section 76 of the 1976 act. section 76 of the 1976 act provides for constitution of corporation fund. the same reads as under:-76. constitution of corporation fund.- (1) save as otherwise provided in this ..... it became a corporation was a municipal committee under the punjab municipal act, 1911 (1911 act - for short). 'committee' has been defined in section 3(4) of the 1911 act to mean a municipal council or nagar panchayat, as the case may be, constituted under section 12 of the 1911 act. the said definition of 'committee' is as it has been ..... as already noticed, 'qualifying service' also includes services rendered under a committee. as to what is a 'committee', it is appropriate to note that section 2(25-a) of the 1976 act defines 'municipality' to mean an institution of self government constituted under article 243-o of the constitution of india .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-01-2003
Reported in : 2006(194)ELT275(P& H)
..... no. 208/83-c.e., dated 1-8-1983 issued by the department is the question which arises for determination in this petition filed under section 35h(1) of the central excise act, 1944 (for short, 'the act').2. respondent no. 1 m/s. r.h. industries, mohali is engaged in the manufacture of parts and accessories of motor vehicles falling under chapter ..... heading 87.08 of the central excise tariff act, 1985. it took credit on inputs i.e. . angles and m.s. flats during the period from april, 1987 the july, 1987 under government of india ministry of finance order .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-08-2003
Reported in : AIR2004P& H85; (2003)135PLR728
..... title to the vendee. non-passing of the sale consideration under the document will not prevent passing of title. learned counsel for the defendants placed reliance upon section 54 of the transfer of property act, which reads as under:-'54. 'sale' is a transfer of ownership to exchange for a price paid or promised, part-paid and part-promised.such a transfer ..... paid rs. 6,000/- i.e.the remaining sale consideration, to the plaintiff on 21.11.74? if so, to what effect? opd2. whether the plaintiff is estopped by his act and conduct from filing this suit? opd3. whether the suit is bad for misjoinder of the parties? opd4. whether the suit is not properly valued for the purposes of court .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-13-2003
Reported in : AIR2004P& H43; (2003)135PLR307
..... whether the suit is not legally maintainable? opd.6. relief.5. on issue no. 1, the trial court held that the notification imposing the tax under section 60 of the cantonments act has been validly issued with the previous sanction of the central government. after appreciating the evidence of the parties, the trial court held that the flush system does ..... same for the reasons alleged in para 3 of the plaint? opp.2. whether the suit is not maintainable for want of service of notice under section 80 cpc and under section 273 of the cantonment act? opd3. whether the plaint is not properly signed and verified? if so, to what effect? opd.4. whether the suit is time barred? ..... houses, are not liable to pay any tax.4. the defendant filed a written statement and stated that (i) the suit is not maintainable as notice under section 273 of the cantonments act was not served before filling the suit; (ii) the suit is time barred; (iii) the plaintiffs did not file any appeal against the order imposing .....
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