Court : Punjab and Haryana
Decided on : Aug-29-1973
Reported in : AIR1974P& H128
..... before the collector was that he was entitled to no more than rs. 3,80,000/- including the earnest money. by virtue of the provisions of section 25 of the act, he could not be allowed to make a claim before the court for anything in excess of that amount. the proposed amendment sought to make such ..... he was as much interested in having the compensation enhanced as respondent no. 1 and that he (the petitioner) should be transposed in the proceedings under section 18 of the act as a co-claimant with respondent no. 1. the learned additional district judge dismissed both the applications through the impugned order holding that they were dishonestly ..... of the compensation was received by respondent no. 1, also under protest.respondent no.1 made to the collector an application under section 18 of the land acquisition act (hereinafter referred to as the act) objecting to the amount of compensation and requiring that the matter be referred by the collector for determination of the court. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-29-1973
Reported in : AIR1974P& H125
ORDER1. This judgment will dispose of C. Ws. Nos. 2288 and 2626 of 1973.2. Gurinder Pal Singh petitioner in C.W. No. 2288 of 1973 passed his Pre-Medical Examination from the Punjabi University securing 411 marks without optional paper. He had applied for admission to the two Government Medical Colleges in the State. The dates of interview for the selection of candidates for admission were July 20 and 21, 1973. It is alleged that on July 19, 1973, the petitioner made enquiries from the authorities of the Government Medical College, Patiala, regarding the manner in which admissions to these institutions would be made. He was informed that 50% of the total number of seats were reserved for different categories of candidates and only 50% seats would be allotted on the basis of merit. The special reservation for various categories of students has been made vide letter dated July 7, 1972, issued by the Health and Family Planning Department, Punjab, Chandigarh. The relevant portion of this le...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-29-1973
Reported in : AIR1974P& H302
1. The plaintiff has filed this appeal against the judgment and decree dated 25th May, 1962 of Sub-Judge Ist Class, Gurgaon, dismissing his suit for the recovery of Rs. 6,720/- as principal and interest on the basis of a pronote dated 7-4-1960 on the finding that the execution of the document and the passing of the consideration had not been proved.2. Shri Bakhtawar Lal defendant, who died during the trial, was described by the plaintiff to have incurred this loan as a Manager of Karta of the Joint Hindu Family comprising of himself and his two sons Din Dayal and Kesho Dayal, defendant-respondents Nos. 2 and 3. The blanks in the printed forms used for the execution of the pronote marked 'Y' and receipt marked 'X' have admittedly been filled in the hand of Shri Din Dayal defendant-respondent. The case of the defendants, however, was that they did not comprise any Joint Hindu Family and that no debt had in fact been advanced to them by the plaintiff. Bakhtawar Lal and Din Dayal had denie...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-17-1973
Reported in : AIR1974P& H184
ORDER1. This petition for revision of the order dated the 2nd of June, 1973, passed by Shri V. K. Jain, Additional District Judge, Karnal, has arisen thus,. Murti Shri Krishan Maharaj (the respondent before me and hereinafter referred to as the idol) filed a suit against the three petitioners for possession of 75 Kanals 16 Marlas of land situated in village Bani, Tehsil Thanesar, District Karnal. The suit was decreed on the 12th of February, 1973. The idol took out execution of the decree and a warrant for the delivery of the land was issued by the Executing Court on the 15th of February, 1973. The warrant was executed on the 17th of February, 1973, when physical possession of an area measuring 10 Kanals 7 Marlas out of the disputed land was delivered to the idol. The rest of the area was under crop and symbolical possession thereof was delivered to the idol on the same day.2. On the 20th of February, 1973, the petitioners applied to the Executing Court for stay of execution. The order...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-14-1973
Reported in : AIR1974P& H97
..... the learned judge held that an issue involving evidence can also be decided as a preliminary issue. 4. for the reasons given above, i hold that the learned trial court acted illegally and with material irregularity in the exercise of its jurisdiction while refusing to try the issue with regard to court-fee and jurisdiction as a preliminary issue. the learned ..... in dispute? 2. whether messrs. bhana mal brij lal is a necessary party, being tenants in the property in dispute? 3. whether the plaintiff is estopped from suing by his acts and conduct? 4. whether brij lal, father of defendants 1 to 6 was a statutory tenant of defendant 7 if so, its effect? 5. to what amount the plaintiff is ..... order1. this is a petition under section 115 of the code of civil procedure against the order of the subordinate judge, ist class, jagraon, refusing to try the following issue as a preliminary issue:-- 'whether the suit .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-13-1973
Reported in : AIR1974P& H214
..... has been constituted. in these circumstances, there is no use holding piecemeal elections of elected members for which there is no provision in the act or the election rules. section 12 of the act contemplates the constitution of a market committee of all the elected members and the official member at one and the same time. it is the ..... paucity of time, the election of producer members was not held on november 17, 1968, but the election of members by the persons licensed under section 10 and 13 of the act were held and respondents 4 to 10 were elected. the result of their election was announced on november 18, 1968, but their elections were never ..... elected by the producers of the area, 4 were to be elected by persons licensed under section 10 of the punjab agricultural produce markets act, 1961, (hereinafter called the act), and 2 members were to be elected by persons licensed under section 13 of the act. elections to the market committee were notified to be held on november 17, 1968. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-13-1973
Reported in : AIR1974P& H130
..... in second appeal to this court. 3. the first contention raised by learned counsel for the appellant is that the doctrine of part performance embodied in section 53a of the transfer of property act was applicable to the case and that by reason thereof the plaintiff deserved to be non-suited. such a plea, however, is conspicuous by its absence ..... , limited, extended, extinguished or recorded. there is no scope for inclusion of a copy of a document as an instrument for the purpose of the stamp act. if section 35 only deals with original instruments and not copies, section 36 cannot be so interpreted as to allow secondary evidence of an instrument to have its benefit. the words 'an instrument' in ..... urged that exhibit d-1 can be looked into in spite of the insufficiency of the stamp duty paid in respect of it because of the provisions of section 36 of the indian stamp act which lays down: '36. where an instrument has been admitted in evidence, such admission shall not, except as provided in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-10-1973
Reported in : AIR1974P& H89
..... office of the excise and taxation commissioner, punjab, the same day. respondent no. 2, however, took no decision on this resolution.2. section 26 of the gram panchayat act (hereinafter called the act) provides that a gram panchayat may, by a vote of at least two thirds majority of panches, direct that intoxicating liquor may not be ..... impediments in the way of the petitioner, for getting relief under article 226 of the constitution, during the pendency of the writ petition. furthermore, under section 41 of the punjab excise act, a contractor can be duly compensated, if the sale of liquor is stopped by cancelling his licence. instead of raising a technical objection of the ..... to mould the relief to be granted to a petitioner in accordance with the circumstances of the case. if the authorities concerned take action under section 41 of the punjab excise act, they will have to give prior notice to the liquor contractor. besides, the contractor would also need some time for shifting the vend. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-10-1973
Reported in : AIR1974P& H133
..... be enforced, set aside, amended, modified or in any way affected otherwise than as provided in the act. section 33 of the act states that if any party to an arbitration agreement wants to challenge the existence or validity of an arbitration agreement or award or to have the effect ..... the union of india went up in revision before the high court which took a view that the second reference was valid. consequently, the application under section 33 of the act was dismissed. an appeal was taken from that order to the supreme court. their lordships, while deciding the matter, observed as follows:--'the true legal position ..... to what can be described merely as an arbitration agreement.'we have to keep in mind the aforesaid view in deciding the present case. reading of section 32 of the act shows that suit to obtain decision on the existence, effect or validity of any arbitration agreement or award is barred and arbitration agreement or award cannot .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-08-1973
Reported in : 1974CriLJ862
..... declaration and he frankly conceded that he could not point out any and that the petitioner could not be said to have committed any offence falling under section 199 or section 200 of the indian penal code even if that declaration was false to the petitioner's knowledge. in this view of the matter, i accept the ..... produced, as it stands, is not sufficient for a conviction, the magistrate is duty-bound to discharge the accused. in this context, the word 'presuming' in section 254 clearly envisages the framing of a charge against the accused only if the evidence before the magistrate is sufficient to warrant a conviction. in advancing an argument to ..... with his admission to that institution. these facts clearly proved that the declaration made in affidavit exhibit pc/1 was false and that the petitioner had committed offences under sections 182, 199 and 200 of the indian penal code.4. before the framing of the charge four witnesses were examined by the learned magistrate. dr. yudhvir sachdeva ( .....
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