Court : Punjab and Haryana
Decided on : Dec-22-1989
Reported in : AIR1990P& H250; (1990)97PLR553
..... time fresh elections to the municipal committe'e are held and newly elected members are called to take oath in a meeting fixed for that purpose. section 13 of the punjab municipal act, 1911, as amended from time to time, and in its final form as it stands at present, reads as under:--'13. term of ..... -opted member shall be conterminous with term of elected member fixed under sub-section (2). (3) all members, who on the date of commencement of the punjab municipal (second amendment) act, 1985, have held office for a term exceeding that fixed by sub-section (2), shall on such commencement cease to hold office and the committees, ..... the memberswhereof cease to hold office as aforesaid shall, notwithstanding anything contained in section 238, stand superseded on that date and the provisions .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-22-1989
Reported in : (1991)99PLR29
..... and ors. v. gram sabha manakpur and ors., 1976 p. l. j. 628. the petitioners have not been able to bring their case within any exception of section 2(g) of the act. the land has neither been shown to be banjar qadim nor the same has been shown to be in the individual possession by the petitioners after effecting partition ..... below that the land is owned by the gram panchayat. it has been settled beyond any doubt in a number of judicial pronouncements that all clauses of section 2(g) of the act are independent of each other and recourse can be had to any one clause to the exclusion of other clauses. if the land falls in any one ..... dispute as tenants and, therefore, they could not challenge the ownership of gram panchayat;(iv) that the petitioners did dot challenge the ownership of the gram panchayat under section 11 of the act. the land in dispute was allotted to the gram panchayat in lieu of the land which was shamilat before consolidation of holdings ; and(v) that the exemption of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-20-1989
Reported in : AIR1990P& H300
ORDER1. This petition is directed against the order of the appellate Judge who on appeal affirmed that of the trial Judge whereby respondent No. 3 has (been?) restrained from releasing the amount of the Bank guarantee to the petitioner during the pendency of the suit.2. The National Hydro Electric Power Corporation Limited (for short 'N.H.P.C.' invited tenders in respect of the constructionof Chamoa Tunnel, which is a part of Chamera Project. N.H.P.C. allotted the work to National project Construction Corporation Limited, Chamera (for short 'the Corporation). It was authorised to invite tenders for completion of the project through private agencies. The Corporation invited tenders for the construction of diversion tunnel, i.e. for construction of (i) Tunnel boring allied works and (ii) Down Stream Portal. The tenders submitted by the plaintiff (hereinafter referred to as 'the Contractor') was accepted. The agreement entered into between the Corporation and the Contractor provided for a...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-19-1989
Reported in : 1990(26)ECC103; 1990LC476(P& H); 1990(47)ELT532(P& H); (1990)97PLR344
..... away from the chassis and then mounted on the chassis. the only intelligent deduction from the basic design appears to be, from reading of the entries as well as charging section 3 and notification no. 175/86-c.e., dated march 1, 1986, as well as the schedule and subsequent notification no. 162/86-central excise, dated march 1 ..... as to whether the particular products or goods are liable to tax or excise, the test commonly applied is; how is the product identified by the class or section of people dealing with or using the products. the words or expressions must be construed in the sense in which they are understood in the trade, by the ..... do not manufacture motor vehicles and the bodies so manufactured are covered under heading no. 8707 of the entries in chapter 87, section xvii of the schedule of the central excise tarrif act, 1985 (hereinafter called the act).2. in order to determine the controversy raised in this letters patent appeal, it would be expedient to collate the brief undisputed .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-18-1989
Reported in : AIR1991P& H31
..... good conscience from cancelling the result of the respondent.21. it is obvious in view of the facts stated above, that nothing was attributed to the respondent as an overt act intentionally made on her part for misleading the board to issue her roll no. and permit her to take the examination or for getting any fact attested wrongly from the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-18-1989
Reported in : AIR1990P& H347; (1990)97PLR252
..... by the rule of lis pendens and wipe out the sale altogether? (ii) on lessee's ownership rights the lease hold rights stand extinguished? 7. section 52 of the transfer of property act reads thus:-'transfer of property pending suit relating thereto: during the pendeny in any court having authority within the limits of india excluding the state of jammu ..... any period of limitation prescribed for the execution thereof by any law for the time being in force.' 8. the transfer when it falls within the mischief of this section will be deemed to be non est for the purposes of lis pendens. the transferor will be regarded as owner of the property notwithstanding that he has transferred it. ..... or order which may be made therein, except under the authority of the court and on such terms as it may impose. explanation: for the purposes of this section pendency of a suit for proceeding shall be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a court .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-12-1989
Reported in : 1991ACJ876
Amarjeet Chaudhary, J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Faridabad (for short 'the Tribunal') dated 19.10.1984, who had granted Rs. 2,000/- as funeral expenses of Sharda (deceased) to the claimants though they had prayed for the grant of compensation in the sum of Rs. 40,000/- for the death of their mother. The manner of accident is not in dispute. The Tribunal did not grant any compensation to the claimants on the ground that the deceased was not earning anything. It has come in the evidence that Sharda (deceased) used to help her husband in his day-to-day affairs and also used to supply milk at his tea-stall and render service of routine. Even assuming for the sake of arguments that the deceased was not earning, her earning capacity cannot be ignored. Even minimum monthly earning of a daily wager is Rs. 500/-. In view of the above, the minimum dependency can be taken to be Rs. 300/- p.m. to which the claimants are entitled. The age of...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-07-1989
Reported in : (1990)97PLR398
..... evidence to conclude that the land in dispute had been sold for raising construction for residential, commercial, industrial or any other building purposes as mentioned in section 2(c) of the act.9 for the foregoing reasons, i am of the considered view that the orders passed by both the courts below cannot be said to be illegal ..... would not be sufficient to hold that the land in dispute has been sold mainly for residential, commercial, industrial or other building purposes as contemplated under section 2(c) of the act it is also pertinent to note that even though the complaint, in the instant case, was filed in the year 1984 re. after more than ..... the period 6th january, 1981 to 24th january, 1982 through registered sale deeds in contravention of the provisions of section 8(1) punishable under section 11 (1) of the punjab regulation of colonies act, 1975 (hereinafter referred to as 'the act').3. mrs. bhatia, appearing on behalf of the state contended that since 20 plots sold by the respondent .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-05-1989
Reported in : AIR1991P& H12
..... of the parties the trial court came to the conclusion that in view of the provisions of thenorthern india canal and drainage act, 1873 particularly section 30(g) read with section 68 of the said act, jurisdiction of the civil court was barred. however, it also dismissed the application of the plaintiffs-petitioners for temporary injunction ..... challenged the orders of the authorities passed under the northern india canal and drainage act, 1873, in civil suit is contrary to law inasmuch as the jurisdiction of the civil court is barred under section 30(g) read with section 68 of the act (supra) which are reproduced as under:'30(g) bar of jurisdiction of the ..... superintending canal officer, ferozpur canal circle, forezepur cantt. under the northern india canal and drainage act 1873. along with the suit an application under order 39 rules 1 and 2 read with section 151 cpc and application under section 80(2) cpc were also filed. the trial court granted permission to the plaintiffs-petitioners to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-05-1989
Reported in : AIR1991P& H175
1. With the consent of the learned counsel for the parties, the appeal has been taken up for final adjudication.2. The plaintiff has come up in appeal gainst the order dated August 7, 1989 of the first appellate Court, which, on appeal, set aside the judgment and decree dated December 15, 1986 of the trial Court and remanded the case to the latter to redecide the same after permitting the parties to lead evidence on the issue framed by the first appellate Court and also on the other issues already framed.3. The facts:The plaintiff filed a suit for declaration to the effect that she was the owner of the suit land and for permanent injunction restraining the defendants from taking forcible possession from her. The suit land was owned by her father Shri Santa Singh, who expired on December I, 1982. He had no other issue except the plaintiff.4. Defendant No. 1 resisted the suit on the ground that the deceased executed wills dated April 21, 1969 and November 18, 1982, vide which he bequeath...
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