Court : Punjab and Haryana
Decided on : Jan-16-2006
Reported in : (2006)IIILLJ72P& H; (2006)143PLR188
..... to the labour court and the labour court in its award dated 12.1.1994 held that his retrenchment from service was void abinitio being violative of section 25-f of the industrial disputes act, 1947 but as the truck in question had been sold, the labour court directed that a lump sum compensation for rs. 50,000/- be paid to him .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-16-2006
Reported in : (2006)202CTR(P& H)574
..... stated in the application, it is allowed and the delay in filing the appeal is condoned.it appeal no. 336 of 2004this appeal, by the assessee, under section 260a of the it act, 1961 (for short, 'the act'), is directed against order dt. 19th march, 2004, passed by the income-tax appellate tribunal, amritsar bench (for short, 'the tribunal') in appeal nos. ..... hotelier, catering and giving on hire crockery and furniture, under the name and style of m/s hotel kumar palace. on 17th nov., 1999, a search under section 132 of the act was conducted at the business premises of the assessee. during the course of search, it declared an undisclosed income of rs. 8,18,864. in its return of ..... , 1989 to 17th nov., 1999, was unwarranted because the assessee had commenced its business only from 1st april, 1998. it is also urged that income under section 158bb of the act can be computed only on the basis of the evidence found as a result of search and there is no scope for any estimation of income. in support .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-16-2006
Reported in : (2006)142PLR725
..... revision petition aggrieved against the order passed by the learned trial court on 27.7.2004, whereby an application filed by the defendants for stay of the suit under section 10 of the code of civil procedure was declined.2. admittedly, the plaintiff has filed separate suits for permanent injunction, restraining the defendants, their office bearers, agents, ..... of the plaintiff company, its employees, officers and managers at four different places i.e. amritsar, hoshiarpur, ludhiana and bathinda.3. the defendant moved an application under section 10 of the code of civil procedure for stay of the suit, interalia on the ground that the plaintiff has filed another suit against defendant no. l at amritsar. ..... other civil suits filed. it was found that each of the suit has been filed on different cause of action. thus, the suit cannot be stayed, under section 10 of the code of civil procedure,5. i find that since the issue raised in all the four suits is common and sought by the same plaintiff .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-16-2006
Reported in : II(2006)ACC400; 2006ACJ2136; (2006)142PLR707
S.S. Nijjar, J.1. Learned Counsel for the appellant argued that the Tribunal has held that the vehicle which was involved in the accident was being used as a Taxi. According to the learned Counsel, the aforesaid finding of fact is not based on any evidence.2. We have perused the Award.3. A perusal of paragraph 28 of the Award clearly shows that one Anil Nagpal, Senior Assistant (RW-1) appeared in court and made a deposition in the witness box to the effect that the vehicle in question was not covered against the risk of being used as for hire or reward. The Tribunal has also referred to the evidence of witness Rajesh (PW-2) in which it has been stated that the vehicle in question was hired as Taxi. On the basis of the aforesaid evidence the Motor Accident Claims Tribunal has come to the conclusion that there was a breach in the terms and conditions enumerated in the insurance policy. In such circumstances, the Motor Accident Claims Tribunal has given a direction that the Insurance Comp...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-16-2006
Reported in : (2006)143PLR401
Hemant Gupta, J.1. The plaintiff is in revision petition aggrieved against the order passed by the trial Court on 29.4.2004, whereby his application seeking amendment in the plaint was declined.2. The plaintiff has filed a suit for possession of land measuring 103' x 41' as shown in the plaint situated in Galli No. 6, Pratap Nagar, Ludhiana. It is alleged that the suit property is 1/6th part of Khasra Nos. 161/861 to 866 as per Jamabandi for the year 1974-75, village Dholewal Tehsil and District Ludhiana but due to inadvertent mistake the plaintiff has not mentioned the Khasra number of the property in the suit. Therefore, he wishes to amend the plaint so as to mention the correct Khasra number of the property in question.3. it is the case of the plaintiff that no oral evidence is required to be led after the amendment is allowed and only revenue documents are required to be tendered in evidence after amendment. The said amendment has been declined by the learned trial Court primarily ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-17-2006
Reported in : (2006)143PLR22
..... whatsoever.6. in baldev singh bajwa v. monish saini, : air2006sc59 , hon'ble supreme court, while considering the legality and validity of the provisions of section 13-b of the act, has examined the standard of proof required by the non-resident indian to prove his requirement of the accommodation for which ejectment is asked for. it has ..... between the parties and also that the building is neither a residential nor scheduled building and, therefore, the landlord is not entitled to seek eviction under section 13-b of the act. it is also pleaded that the respondent herein is not a specified landlord nor he has pleaded the date, month and year when he approached ..... premises since the year 1990 and, thus, he satisfies the condition precedent for seeking eviction of the tenant in a summary manner in terms of section 13-b of the act.3. learned counsel for the petitioners has vehemently argued that the intention of the landlord to settle permanently in india is seriously disputed and such aspect .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-17-2006
Reported in : 2006CriLJ1503
..... counsel for the petitioner also raised a legal objection. according to him. protection is extended to the employees of the board under section 82 of the electricity (supply) act, 1948, which reads as under :82. protection of persons acting under this act.- no suit, prosecution or other legal proceeding shall lie against any member or officer or other employee of the board for anything ..... which is in good faith done or intended to be done under this act.learned counsel submitted that as per section 82 of the act, protection is provided to the person acting under the statute or the act. the petitioner had made the remarks in his official capacity as a superior officer. before taking cognizance of any offence .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-17-2006
Reported in : AIR2006P& H176; (2006)143PLR655
..... deed by observing that the original agreement ex.dl has been substituted by the subsequent agreement and, therefore, there was complete novation which indirectly refers to section 62 of the contract act, 1872. the other factor which weighed with the lower appellate court to discard the aforementioned document was the omission to mention pronote dated 12.7.1973 ..... -3)129 p.l.r. 544 and bahadur singh v. lakhwinder singh (2002-2)131 p.l.r. 83.(d) that the plea of novation under section 62 of the contract act, 1872, required to be specifically pleaded, an issue framed and evidence adduced, as has been pointed out by the supreme court in the case of babu ram ..... since 1973 is undisputed. in these circumstances, it has to be considered whether specific performance of contract dated 28.17.1974 would be a proper relief under section 20 of the specific relief act, 1963, or the alternative relief deserves to be granted. in para 23 of the judgment in the case of nirmala anand v. advent corporation (p) .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-17-2006
Reported in : (2006)143PLR132
..... by the amendment can be adequately compensated by imposition of costs, which stand already imposed in the impugned order. therefore, no interference of this court in exercise of jurisdiction under section 115 of the code would be warranted.8. for the reasons stated above, this petition fails and the same is dismissed. parties through their counsel are directed to appear before ..... civil procedure, 1908 (for brevity, 'the code') challenges the order dated 18.1.1999, passed by the trial court allowing an application filed under order vi rule 17 read with section 151 of the code, which was preferred by the plaintiff-respondent no. 1.2. brief facts of the case are that the plaintiff-respondent no. 1 filed a civil suit .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-17-2006
Reported in : (2006)142PLR510
Jasbir Singh, J.1. Vide order dated 12.12.2005, for want of filing of written statement within stipulated period, defence of the petitioner was struck off. Counsel states that when order, under challenge, was passed, the matter was still fixed for service on other respondents and under that impression, his counsel failed to file the written statement, which otherwise, was ready with him. Counsel further states that the written statement, which is ready, shall be filed within 15 days from today before the Court below. This Court feels that it is a case where one more opportunity can be granted to the petitioner to place on record his written statement. Rules and procedure are handmaid of justice to enhance the same and not to subvert it.2. Their Lordships of Supreme Court in Sardar Amarjit Singh Kalra (dead) by LRs. and Ors. v. Parmod Gupta (Smt.) dead) by LRs. and Ors. : [2002]SUPP5SCR350 of the judgment had opined as under:Laws of procedure are meant to regulate effectively, assist an...
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