Court : Punjab and Haryana
Decided on : Feb-26-2003
Reported in : 2004ACJ178; (2003)135PLR46
H.S. Bedi, J.1. This appeal arises out of a claim petition filed on account of the death of Harvinder Singh, the husband of claimant No. 1, the father of claimant Nos.2 to 4 and the son of claimant Nos. 5 & 6, As per the facts of the case, the deceased, who was a Painter and employed with the Punjab Roadways. Moga Depot, was going on a scooter No. CH-01-H-4396 met with an accident with truck bearing registration No. CH-01-G-439, belonging to the Chandigarh Administration, in which he was killed. A claim petition was filed by his legal heirs-claimants and the Tribunal vide findings on issue No. 1 held that the accident occurred on account of rash and negligent driving of the offending truck by its driver and then awarded a sum of Rs. 6.58,000/- in favour of the claimants alongwith interest at the rate of 12% per annum from the date of the filing of the claim petition till its realisation.2. Dis-satisfied with the amount of compensation awarded by the Tribunal the present appeal has been...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-26-2003
Reported in : 2003CriLJ2675
..... able to prove the sale of beef by the petitioner in the area of village barka alimudinpur and thus, he has committed an offence under section 5 punishable under section 8 of the act.3. in the present revision petition the petitioner has disputed the finding recorded by the courts below on the ground that the informant who has ..... 2) scc 295 has considered the entire law pertaining to the test identification parade and held that the evidence of identification is relevant piece of evidence under section 9 of the evidence act where the evidence consists of identification of accused at his trial. the identification of an accused by a witness in court is substantive evidence whereas evidence of ..... sentencing him to undergo s.i. for one and half years and to pay fine of rs. 3000/- for the offence punishable under section 8 of the act for contravening the provisions of section 5 of the act.2. the prosecution case was that on 1.1.1994 the police party headed by sadhu ram hc, consisting of jai pal hc .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-26-2003
Reported in : 2003CriLJ4147
..... , it was held that there was no immediatedanger or emergency for the removal of thestructure offending in that case. it is alsosettled law that recourse to section 133 couldnot be a substitute for the civil proceedingsand the parties should have recourse to thecivil remedy available and should not beencourse (sic encouraged) to taking ..... enablean executive magistrate to pass orders speedily in a casewhere public nuisance or obstruction has been made in theright of the public at large. the object of section 133cr.p.c. is not to enable a complainant to obtain orderto safeguard his civil right nor he can obtain any reliefin connection with his legal rights ..... recourse tothe provisions of section 133 of the code.' 6. in view of above judgment of the supreme courtas well as the long binding precedents of this court suchas pritam singh etc .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-24-2003
Reported in : (2003)135PLR296
..... etc. v. the state of maharashtra and anr.2 air 1977 supreme court 915 has upheld the provisions of maharashtra agricultural lands (ceiling on holdings) act, 1961 wherein family unit is laid down in section 4(1) which provides:'4(1) all land held by each member of a family unit, whether jointly or separately, shall for the purposes of ..... found that there is no question of any discrimination resulting to the wife from the selection being given to the husband under section 9(4)(c) of the act. consequently, the supreme court found that the provisions of haryana act in respect of the family unit is not discriminatory and violative of article 14 of the constitution of india.9. the ..... in 9th schedule is violative of the part-iii of the constitution of india.5. the said act has been enacted as part of agrarian reforms. the family has been defined under section 3(4) of the act which reads as under:(4) 'family' in relation to a person means the person, the wife or husband, as the case may be, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-21-2003
Reported in : AIR2003P& H248
..... . mrs. vimla pannalal, air 1988 sc 1636. the learned counsel has pointed out that the suit filed by the plaintiff-respondent is covered by clause (i) of section 7 of the act as damages or compensation in lieu of maligning his reputation to the tune of rs. two lacs have been claimed. learned counsel has also pointed out that the view ..... his claim for the purposes of court-fee. according to the learned counsel no such liberty is avail able in respect of clauses (i) to (iii) of section 7 of the act. in support of his submission, the learned counsel has placed reliance on a judgment delivered by a constitution bench of the supreme court in the case of s. ..... the relief which he claims. he further pointed out that there was no such enabling provision insofar as suit for the recovery of compensation/damages falling in section 7(1)(b) of the court-fees act was concerned. in my view, this is a distinction without a difference. in the case of the amount of compensation, there is no objective standard .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-21-2003
Reported in : (2003)133PLR720
..... the high court does not include the power to reverse concurrent findings, without showing how those findings are erroneous.10. in the present case sub-section (6) of section 15 of the act confers revisional power on the high court or the purpose of satisfying itself with regard to the legality or propriety of an order for proceedings ..... (1) & (2) xxx xxx xxx(3) if the evidence to support the two claims is different then the causes of action are also different (brunsden v. humphrey, (1884) 14 qbd 141).' 26. applying the aforesaid test, it would become apparent that issue no. 2 in the present case cannot be intermingled with any of the issues in the ..... 28. both the learned courts below after evaluating the evidence led by the parties, have given concurrent findings of fact. while exercising revisional powers under section 15(5) of the act, this court would not re-appreciate the evidence. concurrent findings of fact recorded by both the learned courts below can only be reversed if the revisional .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-17-2003
Reported in : [2003]263ITR491(P& H); (2003)134PLR722
..... of civil writ petition 4580 of 2002 and other 29 connected writ petitions in which common questions of law arid fact arise.2. section 69 of the haryana municipal act, 1973 (for short the principal act) prescribes for levy of tax payable by the owner of buildings and lands at a certain percentage of the annual value of ..... value of the land subject of course, to a reasonable depreciation as allowed by the state government. proviso (ii) to clause (c) of section 2(1) as introduced by the amending act, authorises the government to issue directions determining the basis of the assessing the present market value of the land, the cost of erecting the building ..... enables the government to issue directions to any committee for carrying out the purposes of that act. exercising its powers under provision (ii) to section 2(1) (c) read with section 250 of the principal act, the state government has issued directions regarding the amendments of house tax and tax on land (copies of which are annexures p-1 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-16-2003
Reported in : 2003(88)ECC133
..... secret informant in any document which is sent for registration of the first information report.32. the other contention of learned counsel regarding non-compliance of section 42 of the act is also without any substance and against the records for a very simple reason that in the present case the secret information was reduced into writing, ..... make it clear that the recovery in this case was effected from the briefcase of the appellant and not from his person and therefore, the compliance of section 50 of the act was not at all required. all the witnesses to recovery have categorically stated that the contraband was in the briefcase of the appellant, which he was ..... according to the learned counsel, this offer would be termed as a partial offer and as such would amount to non-compliance of the mandatory provisions of section 50 of the act. the learned counsel thus contends that there is no signature of the appellant is the consent memo. exhibit pb/1 and similarly in another consent memo, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-14-2003
Reported in : (2003)IIILLJ947P& H
..... to whether the appropriategovernment is entitled to cancel the reference alreadymade has been answered in negative by the supreme court incatena of judgments. by interpreting section 10(1) ofthe act, it has been observed by the supreme court instate of bihar v. d.n. gangul air 1958 s.c. 1018 thatthe appropriate government ..... raised by the learned counsel for the partiesand are of the view that this petition deserves tosucceed. the definition of expression industrial disputeunder section 2(k) of the act makes it evident that anydifference or dispute connected with the employment,non-employment, terms of employment or with the conditionof labour would be ..... rs. 1200-2040 or in anycase the same was appreciated by the assistant labourcommissioner-cum-conciliation officer, u.t. chandigarhwithin the meaning of section 10(1)(c) of the act.according to the learned counsel, there is no legalinfirmity in the reference made by the assistant labourcommissioner-cum-conciliation officer, u.t. chandigarh .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-14-2003
Reported in : 2003(2)ALT(Cri)8; 2003CriLJ2851
..... necessary. to prove rape, omission of semen is not necessary for the commission of the offence of rape. the only ingredient, which has to be fulfilled, is penetration. explanation to section 375 of the indian penal code lays down that penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.10. i do not find any infirmity .....
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