Court : Punjab and Haryana
Decided on : May-26-2006
Reported in : (2006)144PLR349
..... with effect from 30.12.1976. caltex oil refining (india) ltd. was later on amalgamated with the appellant herein in terms of sub-section 3 of section 7 of the said act. the appellant herein thus was at liberty to renew the period of lease for a period of further five years with effect from 1.8.1979 ..... turn of the century. as a strategy after evaluating various alternative scenarios for development it has been realised and recognised that in order to save delhi from population explosion it is necessary to moderate the growth in the areas around it. at the same time it is also recognised that any additional population in the dma ..... its undertakings in india stood transferred to and vested in the central government. the central government however in exercise of its power conferred upon it under section 9 of the said act directed that the said undertakings shall instead of continuing to vest in the central government vest in caltex oil refining (india) ltd. a government company .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-18-2006
Reported in : (2007)9VST629(P& H)
..... as to entitle the assessee to claim modvat credit under rule 57a of the central excise rules, 1944 and held as under:admittedly, explosives fall under chapter 36 of the schedule to the central excise tariff act, 1985. the particular items used by the appellant come under headings 36.01, 36.02 and 36.03. therefore, they fall ..... activity and without which the activity of manufacture may be commercially inexpedient, such consumable stores or materials can be purchased by an assessee free of tax under section 13(1)(b). kathi is part of such consumable stores which would be necessarily required in the activity of marketing the goods which is essentially connected with ..... and the goods intended for use in that process or activity should be considered to be goods required in the manufacture of taxable goods for sale. under section 13(1)(b), the articles which can be purchased tax-free on furnishing a prescribed certificate by a manufacturer must be either raw materials or processing materials .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-06-2006
Reported in : I(2007)ACC559; 2008ACJ138; (2007)146PLR550
..... other motor vehicle the tanker had fallen on one of its sides on slopping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances the learned judges of the high court have rightly concluded that the ..... due to motor vehicle accident. the hon'ble supreme court in para nos. 3 6 & 37 of the said judgment has held as under:36. was the accident involving explosion and fire in the petrol tanker connected with the use of tanker as a motor vehicle? in our view, in the facts and circumstances of the present case, this ..... bakhtwar. it was further claimed that in order to occupy the truck, his murder was committed by poisoning him. on these allegations the claim petition was filed under section 163-a of the act claiming total compensation of rs.ten lacs along with interest @ 18% per annum from the date of accident till its realisation. it was claimed that the deceased .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-03-2006
Reported in : IV(2006)BC365; (2006)142PLR574
..... was taken for the next 22 days. it is well settled that a liberal approach is required to be adopted in relation to condonation of delay sought under section 5 of the limitation act, 1963. this court, after referring to the judgments of supreme court in collector, land acquisition anantnag v. mst. ratiji : (1987)illj500sc and ram nath ..... , the appellants have failed to satisfactorily explain the inordinate delay of 47 days in filing the appeal and the application for condonation of delay filed under section 5 of the limitation act is hereby dismissed.4. having heard the learned counsel for the parties, i am of the view that this petition deserves to be allowed. it is ..... p-2) passed by the learned lower appellate court refusing to condone the delay of 47 days in filing the appeal by dismissing the application under section 5 of the limitation act, 1963. as a consequence thereof the appeal of the defendant-petitioners has also been dismissed.3. few facts may be noticed which are necessary for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-03-2006
Reported in : III(2006)ACC466; (2006)143PLR548
..... regional transport authority and regional transport authority, bhiwani are one person, so the extension granted can be cancelled by the chairman regional authority, bhiwani, under section 86 of motor vehicle act, 1988. 14. it is submitted by the counsel for the petitioners, on the basis of the part of the reply extracted above, that the ..... there was no express provision authorizing the review of the determination rendered by the different authorities involved. in view of the express authorization contained in section 72(2)(xxii) of the act, we find no merit in the first contention of the learned counsel for the petitioners.13. in so far as second contention is concerned ..... in the route assigned to an operator can varied by the regional transport authority in exercise of statutory power expressly vested in it under section 72(2)(xxii) of the act. since, as noticed hereinabove, specific authority has been vested in the regional transport authority to pass such an order, as the impugned .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-03-2006
Reported in : (2006)142PLR768
..... 1 sought part-performance and has claimed refund of rs. 41,290/- after adjusting the price of the suit land with equal amount as damages. under section 12(3) of the act the filing of such a suit has been permitted only when the plaintiff relinquishes all claims to the performance of the remaining part of the same contract ..... dated 8.10.1999 was not maintainable because the possession of the suit land has been delivered to him and the agreement to sell required registration under section 17 of the registration act, 1908. in support of his submission, learned counsel has placed reliance on a judgment of the allahabad high court in the case of prag narayan ..... -appellant the decree passed by the trial court, as noticed above, was held to be in contravention of the provisions of section 12(3)(a)(b)(ii) of the specific relief act, 1963 (for brevity 'the act'): after quoting the aforementioned provisions, the learned appellate court in para 12 of the judgment observed as under:-the plain reading .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : (2006)142PLR571
..... .11.1988.4. mr. vikas behl, learned counsel for the petitioner has argued that the notice (annexure p-1) issued by the collector under sub-section 1 of section 4 of the act itself suffers from two legal infirmities. according to the learned counsel, the collector has failed to specify the grounds of unauthorized possession and the notice is short ..... of statutory period of 10 days as specified under sub-section 1 of section 4 of the act. in support of his submissions, learned counsel has placed reliance on a judgment of the jammu and kashmir high court in the case of dr. ..... a.i.r. 1980 jammu & kashmir 16 and argued that mere mentioning of possession as unauthorized does not constitute disclosure of the grounds as contemplated by sub-section 1 of section 4 of the act. therefore, the order (annexure p-2 and p-4) are liable to be set aside.5. ms. anju arora, learned counsel for respondent no. 1 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : (2006)142PLR627
..... collector to correct the clerical or arithmetical mistakes within six months from the date of the award and that is before making the reference under section 18 of the act. it is also mandatory that before making such correction, which is likely to affect prejudicially any person interested, a reasonable opportunity should be ..... petitions, the petitioners nave challenged the aforesaid modification mad' by the land acquisition collector on the ground that after making of the award under section 11 of the act after approval from the appropriate government, the land acquisition collector became functus officio and he had no power and jurisdiction to modify the awaiu ..... power house. on the acquired land, various super structures and fruit trees were existing. on 3.7.1992, notification under section 6 of the act was issued. thereafter, notices under section 9 of the act were issued by the land acquisition collector-respondent no.3 to the various land owners, including the petitioners. pursuant to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : AIR2006P& H186; (2006)143PLR70
..... to correct the clerical or arithmetical mistakes within six months from the date of the award and that is before making the reference under section 18 of the act. it is also mandatory that before making such correction, which is likely to affect prejudicially any person interested, a reasonable opportunity should be ..... petitions the petitioners has challenged the aforesaid modification made by the land acquisition collector on the ground that after making of the award under section 11 of the act after approval from the appropriate government, the land acquisition collector became functus officio and he had no power and jurisdiction- to modify the ..... ropar power house. on the acquired land, various superstructures and fruit trees were existing. on 3.7.1992, notification under section 6 of the act was issued. thereafter, notices under section 9 of the act were issued by the land acquisition collector-respondent no. 3 to the various landowners, including the petitioners. pursuant to the said .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : (2006)143PLR311
..... sale deed is subject of any pre-emption suit, the rights of a defendant do not fall within the para-meters of section 28-a of the act and such the defence of improvement of status cannot be denied to him. as a matter of fact, the question of any ..... subash chander and ors. 1989 p.l.j. 445.14. the question which now arises is as to whether the provisions of section 28-a of the act come to the rescue of the plaintiff to claim that since the sale dated may 21, 1989 was subject matter of a pre- ..... and ors. 1971 p.l.j. 579. it was held by the full bench as follows:prior to the introduction of section 21-a by amending act 1 of 1944, there was an unhealthy race going on the part of vendee to defeat the right of pre-emption by making ..... devi, (1978)80 p.l.r. 1 (f.b.) had taken a view that in view of the local law (punjab courts act), the amended provisions of section 100 of the code of civil procedure, as amended in 1976, were not applicable to the second appeals filed in this court. accordingly, .....
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