Court : Punjab and Haryana
Decided on : Sep-23-2003
Reported in : II(2004)BC344
..... justice and investigation would be subverted. it has also been asserted that substantial public money is involved and the petitioners have committed offences under sections 3 and 4 of the act as also under sections 406 and 420, ipc. it would be appropriate to refer to the averments made in paragraphs 8a and 9 of the reply filed by ..... made by this court while dismissing the petition filed by the petitioners which reads as under:'the case of the present petitioner comes under the definition of section 2(c) of the act i.e. under the heading money circulation scheme.after going through the contentions of learned counsels for the parties, i find that it is not ..... concerns and companies. it has been alleged that the activities of the company of which petitioners i to 3 arc the directors violated the provisions of sections 3 and 4 of the act. such lapse being a cognizable offence has resulted into registration of the aforementioned fir. the detailed fir is annexure p-1. apart from violation of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-24-2003
Reported in : (2004)136PLR885
..... therefore, suitable deductions are made in the facts of each case. the market value of the land is determined in terms of the principles laid down in section 23 of the act. the market value is the price payable by a willing buyer to a willing seller. a willing buyer would not offer the same price when a larger ..... by the learned trial court as the agreement to sell in respect of the said sale deed pertain to the period prior to the publication of notification under section 4 of the act. since the learned trial court has accepted the sale consideration as mentioned in the sale deed ex.p3 dated 14.2.1983 as a genuine amount of ..... appellant is aggrieved against the award passed by the learned district judge, gurgaon in a reference under section 18 of the land acquisition act, 1894 (hereinafter to be referred to as the act).2. vide notification dated 21.10.1982, under section 4 of the act, land measuring 10 kanals 6 marlas situated in village rawason tehsil nuh, district gurgaon was acquired for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-24-2003
Reported in : (2004)136PLR705
..... in absence of specific provision vesting such powers in the commission?13. harminder singh gill had filed a petition before the judicial commission under section 45 read with section 142 of the act praying therein as under:-'it is therefore prayed that the application may please be allowed with costs and the following reliefs may be granted ..... provided. in other words, a judicial commission has to be constituted but in the manner provided in the provisions of the act for carrying out the purpose of the act. section 70 of the act states that the judicial commission shall consist of three members who shall be sikhs and may be appointed from time to time ..... to an interlocutory order. the competent forum need to advert itself and cogitate over various facts of these provisions including that determination of disqualification under section 52 of the act may fall within the jurisdiction and domain of the board against which an appeal would lie to the judicial commission. deprivation of a right of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-25-2003
Reported in : (2004)136PLR479
..... the definition of 'shamlat deh' as given in section 2(g) of the act of 1961. we may mention here that the mention of words 'streets', lanes, playgrounds, schools drinking wells or ponds' would not make it that the land can be ..... we may mention here that it would have in its sweep, a particular community of the village as well, that panjawa would be covered under clause (4) of section 2(g) of the act of 1961. if, therefore, a particular piece of land may be used on reserved for the benefit and use of a particular community, it would be covered' under ..... of learned counsel; as noted above, it appears to us, has been made by completely ignoring or being oblivious to other clauses of section 2(g) of the act of 1961. clause (4) of section 2(g), which was inserted by act no. 9 of 1992 and that, in our view, would cover the case in hand, reads thus:-'4. lands used or reserved .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-25-2003
Reported in : (2004)136PLR99
..... consideration. this practice strikes at the very root of the constitutional scheme and our educational system. restricting admission to non-meritorious candidates belonging to the richer section of society and denying the same to poor meritorious is wholly arbitrary, against the constitutional scheme and as such cannot be legally permitted. capitation fee ..... that:- a) the respondents have no power to alter substantially or otherwise indicating criteria for admission provided under the brochure, once it has been notified and acted upon; b) the impugned notification not only diminishes but completely destroys the basic precept for admission to such course i.e., rule of merit. not ..... year, 1995-96. the interim order was necessitated by an amendment effect on 20.5.1995 in the karnataka education institution (prohibition of capitation fee) act, 1984 and the rules that had been made thereunder for selection of candidates to medical engineering, dental, pharmacy and nursing courses oh 10.3.1993. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-05-2003
Reported in : (2005)141PLR654
..... , the owner of kothi no. l30-r, model town, ludhiana, described fully in the plaint and, by styling himself as owner, sought a decree for mandatory injunction under section 39 of specific relief act, 1963, directing the defendant to vacate the said premises and never to interfere in future with his legal possession thereafter. this suit was decreed by shri baldev singh ..... sohinder singh previous owner, as full owner since 1950 as alleged in para 8 of the written statement. if so, its effect? opd6. whether the plaintiff is estopped by his act and conduct from filing the present suit? opd7. whether the defendant has made improvements in the property in dispute after entering into possession in 1950. if so of what value .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-21-2003
Reported in : (2004)136PLR60
..... . according to the learned counsel for the petitioner, the election to the office of the president and vice-president of the municipal council are governed by section 20 of the punjab municipal act and the rules known as the punjab municipal (president & vice-president) election rules, 1994, as amended vide notification no. gsr/71/p.a. ..... are elected on the same date, the municipality shall declare which of them shall be deemed to be the senior.(3) not withstanding anything contained in this section an ex-officio member shall not be eligible for election as president or vice-president of the municipality'. 24. notification of election and oath or affirmation of allegiance ..... effect that in view of the article 243zg of the constitution of india, the writ petition is not maintainable as the petitioner can file an election petition under section 87 of the punjab municipal rules, 1994. on merits, it is stated that after counting the votes, the members of the municipal council were asked to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-29-2003
Reported in : (2004)137PLR286
..... was being cultivated through his brother. nothing had come on record that sarup singh had necessity of money for the purpose of any of his issues or any such other act. no other litigation was pending against sarup singh. on that basis it was held that the power to alienate the land had been got incorporated by defendant no. 1 in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-31-2003
Reported in : III(2006)ACC121
Hemant Gupta, J.1. The present appeal is directed against the award dated 8.9.1995 passed by the Motor Accident Claims Tribunal, Chandigarh, whereby the claim petition filed by claimants was dismissed for the reasons that the appellants have not been able to prove that the accident was caused by the offending bus as mentioned by the appellants.2. One Labh Singh, a cart puller met with an accident on 19.11.1991 at about 6 p.m., while coming from Iron Market on the main road coming from the Tribune Chowk proceeding towards Sector 30, Chandigarh. It was alleged that bus No. H YE 1453 came at a very high speed and without blowing any horn, struck against the rehra from behind and the collision caused the death of Labh Singh. It is alleged that the accident was due to rash and negligent driving of Gulzar Singh, the respondent No. 2. In the written statement filed on behalf of General Manager, Haryana Roadways, Chandigarh the accident was denied. It was stated that the driver of Haryana Road...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-04-2003
Reported in : (2004)136PLR276
..... not be impleaded as a party under order 1 rule 10, cpc, especially when the alienation was hit by the doctrine of us pendens by operation of section 52 of the transfer of property act. in view of the law laid down by the hon'ble supreme court in this authority, in my opinion, the learned trial court was perfectly justified in .....
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