Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : (2006)142PLR813
..... government to the municipality will not show that the municipality is not owner of the property. the property having been reflected as vesting in the municipality in terms of section 56 of the act, the entry would carry a presumption of correctness. in any case, such presumption cannot be rebutted at the instance of a person, who raise a plea of adverse ..... , learned counsel for the appellant has produced resolution no. 115 dated 25.2.1980 passed by the municipality approving the office order dated 7.2.1980 under section 35 of the punjab municipal act, 1911 authorising the executive officer to file appeal against and also approving the expenses to be incurred in respect of appeal before this court against the judgment passed .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : 2006CriLJ1329
..... : 2001 cri lj 2346 and kalicharan mahapatra v. state of orissa : 1998crilj4003 , dismissed the said application while holding that no sanction under section 197 of the code and section 19 of the p.c. act is required for prosecution of a public servant after his retirement. hence this petition.3. learned counsel for the petitioner, in view of the ..... of the said provision, it was held by the hon'ble apex court that in view of clear language of sub-section (1) of section 122 of the kerala panchayat act, sanction is required under the said sub-section only if a person holds the office of president, executive authority or any member and not otherwise. in view of these ..... , 13 and 15, alleged to have been committed by a public servant, except with the previous sanction of the appropriate government. the sanction contemplated in section 19 of the p.c. act is mandatory if the accused public servant continues to be a public servant, when the court takes cognizance of the offence, but if he ceases to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : (2006)143PLR366
..... learned first appellate court returned a finding that the civil court has no jurisdiction to entertain the present suit in view of the provisions of sections 13 and 13-b of the punjab village common lands (regulation) act, 1961 and consequently set aside the judgment and decree passed by the learned trial court and dismissed the suit.3. learned counsel for the ..... decree passed by the learned court.4. admittedly, the question raised is whether the land in dispute is a shamlat deh or not. in view of the provisions of the act, the jurisdiction of civil court is barred. therefore, there is no error of law or fact in the findings of the learned first appellate court in holding that the civil .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : (2006)143PLR402
..... without jurisdiction nor it was void. it had also been rightly held that jurisdiction of the civil court to set aside such an order is barred under section 158(2) of the act. regarding partition of the joint land in accordance with the terms of the compromise effected between co-sharers, it has been rightly held that the revenue ..... parte. ultimately, the final order of partition was passed by the revenue court, which has the jurisdiction under the act. it is further contended that the jurisdiction of the civil court is barred under section 158(2) of the act.5. on the pleadings of the parties, seven issues were framed, including the issues of maintainability of the suit ..... court, which has the jurisdiction to order partition of the joint land under the act. it has been further held that in view of section 158(2) of the act, civil court has no jurisdiction to set aside the order of partition passed under the act. regarding limitation, it has been held that the period of limitation would be one .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : (2006)143PLR34
..... bicycle, met with an accident with the matador owned by the present appellant. the said vehicle was insured with respondent no. 3.2. in the claim petition under section 166 of the motor vehicles act, 1988, the learned trial court awarded a sum of rs. 55,000/- as compensation along with interest at the rate of 9 per cent per annum from ..... a person. the said fitness certificate is issued in form a-l in terms of rule 5 of the central motor vehicles rules 1989 and in terms of section 9 of the motor vehicles act, 1988. rwl-paramjit singh, owner of the offending vehicle when cross-examined has deposed that he is not aware whether the amputation of the fingers of driver .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : I(2006)ACC774; 2006ACJ1992; (2006)142PLR844
..... not obviously have any substance. the liability under the policy in the instant case was the same as the statutory liability contemplated by clause (b) of sub-section (2) of section 95 of the act, namely rs. 20,000/-. an award against the appellant could not, therefore, have been made in excess of the said statutory liability.6. admittedly, ..... with the appellant-insurance company, collided with the machine. the claimants, who are the widow and minor children of sadhu ram, filed an application under section 110 of the motor vehicles act for compensation on account of the accident. the tribunal, in its award dated 28.2.1983 granted a sum of rs. 70,000/- as compensation to ..... (1)(i) has been confined to 'such amount as is necessary to meet the requirements of the motor vehicles, act, 1939.' this liability, as is apparent from clause (b) of sub section (2) of section 95 of the act, was at the relevant time rs. 20,000/- only. the details of the premium also indicate that no additional premium .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : (2006)143PLR377
..... of the evidence, 1872 cannot be relied upon by the plaintiff-petitioner in a blanket manner because the proviso to section 58 of the evidence act, 1872 categorically provides that despite admission, the court is competent to exercise discretion requiring the admitted facts to be proved. the sale-deeds in respect of properties ..... would allay any apprehension that defendant-respondent no. l wanted to delay the proceedings. feeling aggrieved, the plaintiff-petitioner has approached this court by filing the instant petition under section 115 of the code.8. on 17.1.1995 the petition was admitted by this court and further proceedings were stayed.9. mr. k.s. dadwal, learned ..... as indicated in the petition. in that view of the matter, we find that there is no material irregularity committed by the high court in exercising its power under section 115 c.p.c. in permitting amendment of the written statement.12. similar legal proposition has been reiterated in the cases of gurdial singh and ors. v. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : 2006ACJ2532; (2006)143PLR371
..... in dispute that the accident in question had taken place outside the territory of india and rather in the territory of nepal. the provisions of section 163-a of the act which have been relied upon by the learned counsel for the appellants are extracted below:163-a. special provisions as to payment of compensation on ..... their assistance have also gone through the record of the case.4. the learned counsel for the appellant have vehemently relied upon the provisions of section 163-a of the motor vehicles act and provisions of the motor vehicles (operation of commercial traffic between india and contiguous countries) rules, 1963. on the basis of the aforesaid provisions ..... the rules to support the aforesaid contention.5. on the other hand, the learned counsel for the respondents have argued that section 1 of the motor vehicles act itself stipulated that the provisions of the act extended to whole of india. on that basis, it has been argued that since the accident in question had been taken .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : (2006)142PLR804; 2006(3)SLJ434(P& H)
..... state of punjab being the defendant has challenged the judgments and decrees passed by the courts below in favour of the plaintiff-respondent in this appeal preferred under section 100 of the code of civil procedure, 1908 (for brevity, 'the code'). the only question which arises for determination in this appeal is whether in ..... -respondent was guilty of charges by remaining absent from duty without per-mission and in the facts and circumstances of the case, it is a grave act of violation of police discipline. thereafter the delinquent constable was issued show cause notice for imposition of major penalty of dismissal and forfeiting of other allowances ..... 2) as applicable to the plaintiff-respondent is extracted below for a facility of reference:-16.2. dismissal. dismissal shall be awarded only for the gravest acts of misconduct or as the cumulative effect of continued misconduct providing incorrigibility and complete unfitness for police service. in making such an award regard shall be had .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-2006
Reported in : (2006)142PLR734
..... may' think fit to such persons as may appear to it to be interested in the suit.explanation. in this rule, 'representative suit' means,-(a) a suit under section 91 or section 92,(b) a suit under rule 8 of order i,(c) a suit in which the manager of an individual hindu family sues or is sued as representing the ..... answered by the courts below. there are concurrent findings of fact that the property in the earlier suit filed in representative capacity under order 1 rule 8 read with section 92 of the code is the same and the controversy cannot be reopened. it is appropriate to mention that in the earlier suit it has been categorically found that ..... counsel for the parties and perusing the judgments of both the courts below i am of the considered view that no interference of this court in exercise of jurisdiction under section 100 of the code would be warranted. the only question raised in this appeal is whether the principles of resjudicata would apply to a dispute which stands already settled .....
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