Court : Punjab and Haryana
Decided on : Sep-23-2003
Reported in : II(2004)BC344
..... justice and investigation would be subverted. it has also been asserted that substantial public money is involved and the petitioners have committed offences under sections 3 and 4 of the act as also under sections 406 and 420, ipc. it would be appropriate to refer to the averments made in paragraphs 8a and 9 of the reply filed by ..... made by this court while dismissing the petition filed by the petitioners which reads as under:'the case of the present petitioner comes under the definition of section 2(c) of the act i.e. under the heading money circulation scheme.after going through the contentions of learned counsels for the parties, i find that it is not ..... concerns and companies. it has been alleged that the activities of the company of which petitioners i to 3 arc the directors violated the provisions of sections 3 and 4 of the act. such lapse being a cognizable offence has resulted into registration of the aforementioned fir. the detailed fir is annexure p-1. apart from violation of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-18-2003
Reported in : (2004)136PLR123
..... the constitution of the gram sabha, gram panchayat, panchayat samiti and zila parishad is provided under the punjab panchayat raj act, 1994 (hereinafter referred to as 'the act'). section 98 of the act provides for establishment of panchayat samiti for every block in the district having jurisdiction over the entire block area, excluding such ..... portion as are included in municipality, corporation, notified area committee etc. section 99 of the act provides for the composition of panchayat samiti which shall consist of 15 to 25 directly elected members from territorial constituencies as well as member ..... of legislative assembly and member of legislative council as given in section 99 of the act. as per section 105 of the act, chairman/vice-chairman of the panchayat samiti is to be elected from amongst the elected members. the state government has .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-17-2003
Reported in : (2004)136PLR868
..... the cod of civil procedure for additional evidence comprised of judgment dated 11.2.1992 in respect of acquisition for sector 27-a at faridabad for which notification under section 4 of the act was issued on 7.10.1974, wherein, compensation was fixed at rs. 24 per square yard. it was submitted that since sector-27a was an adjoining sector, ..... land for setting up sector 27-a, wherein, compensation has been enhanced to rs. 24/- per square yard. learned counsel for the appellant submits that since notification under section 4 of the act in that case was dated 7.10.1971, 12% enhancement ought to be given on the said rate for acquisition in the present case, for which notification under ..... section 4 of the act had been issued on 1.10.1973. alternatively, he submits that this court in rfa no. 1434 of 1988 decided on 8,10.1998 awarded rate of rs. 22 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-10-2003
Reported in : II(2004)BC223; (2004)136PLR337
..... bank was an officer who had nothing to do with the tezpur branch where the transactions were entered into. we are, therefore, of opinion that in view of section 34 of the evidence act the appellants cannot be saddled with liability for the sum of rs. 10,000/- said to have been advanced on march 19, 1947 on the basis of a ..... fact advanced on march 19, 1947 and could not rely on mere centries in the books of account for that purpose. this is clear from the provision in section 34 of the evidence act, no attempt was made on behalf of the bank to prove by any evidence whatsoever that a sum of rs. 10,000/- was advanced on march 19, ..... the usual and ordinary course of business and that such book was in the custody of the bank. the detailed ingredients mentioned in the defining clause 8 of section 2 of the bankers' evidence act, 1891 for qualifying to be 'certified copy' are not mandatory but merely directory. sufficient compliance depending upon facts and circumstances of each case is enough to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-03-2003
Reported in : 2004(1)CTLJ570(P& H); (2004)136PLR844
..... mercantile agent who is known to them as such and who is in possession of the goods.'the division bench has concluded that there are 5 elements in section 178 of the contract act, which are as follows:(1) the pledger must be a mercantile agent,(2) the pledger must be in possession of the goods or of title deeds ..... the mercantile agents and not defendant no. 1.18. in shara din and anr. v. gokal chand (supra), the court has interpreted 'possession' appearing in section 178 of the indian contract act, 1872 as juridical possession as distinguished from mere physical possession or bare custody. it has been held that a servant or a relation entrusted by the owner with ..... the curse of its business, defendant no. 1 has purchased goods from plaintiffs no. 2 to 5 and thus, he is mercantile agent as defined under section 2(9) of the sale ofgoods act 1930. since such an mercantile agent has pledged goods, the plaintiff cannotdispute the action of defendant no. 1. reliance was placed upon shara din and anr .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-27-2003
Reported in : (2004)137PLR95
..... award was given.2. in the case at hand, the tubewell etc. of the claimants was assessed at the rate of rs. 34,863/-. being dissatisfied, reference under section 18 of the act had been made before the reference court which had been contested by the respondent. the plea of the respondent is that no objections had been submitted by the claimants ..... mehna tehsil and district bhatinda was acquired for the purpose of establishing cantonment at bhatinda. in this regard, notification under section 4 of the land acquisition act (hereinafter referred to as 'the act') dated may 10, 1979 and the notification under section 6 of the act dated october 4, 1979, had been issued accordingly. it may be mentioned that village abadi was also acquired inclusive .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-27-2003
Reported in : 2004CriLJ416
..... then, in my opinion, it would not be appropriate to remand the case to the trial court for deciding it afresh after following the procedure laid down under section 16a of the act.14. for the reasons recorded above, the acquittal of the respondent has to be upheld, though on a different ground. resultantly, finding no merit in this appeal ..... in the code of criminal procedure. in this view of the matter, the entire procedure adopted by the learned magistrate was contrary to the mandatory provisions of section 16a of the act, especially when no mention was made by the learned magistrate, at any stage of the trial that the nature of the case was such that it was ..... effect and shall proceed to hear the case in the manner provided by the code of criminal procedure. in the present case, in respect of the provisions of section 16a of the act, the learned magistrate had tried the present case not in a summary way but otherwise. in this case instead of serving notice of accusation upon the accused, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-25-2003
Reported in : (2004)ILLJ485P& H; (2003)135PLR821
..... the wages and the department in which the workman is employed. in the aforesaid case, it was the admitted case of the parties that provisions of section 25-f of the act were applicable. the aforesaid observations are not relevant, the petitioner has not completed 240 days which is a condition precedent for the applicability of the provisions ..... the asstt. labour commissioner directed payment of ex-gratia to the workmen, it was not disputed that no notice had been given to the workmen under section 25 of the act. the labour contractor had merely pasted the notice on the office notice board. in these circumstances, it was held that publication of notice in the notice ..... 240 days of service in the calender year immediately preceding the date on which his services were illegally terminated. he, therefore served a demand notice under section 2-a of the act on respondent no. 2 seeking his reinstatement with full back wages. in this demand notice, the petitioner has pleaded that he had met with an .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-21-2003
Reported in : (2004)ILLJ816P& H; (2003)135PLR812
..... into the merits of the dispute and take on itself the determination of the lis, which would certainly be in excess of the power conferred on it by section 10 of the act. we are of the considered opinion that the aforesaid ratio of law is squarely applicable to the facts and circumstances of this case. the view expressed by ..... words, unless those who are raising the disputes are workmen, there cannot be any existence of industrial dispute within the meaning of the term as defined in section 2(k) of the act. it is urged that in order to form an opinion as to whether an industrial dispute exists or is apprehended, one of the facts that has to ..... of the petitioner had been terminated without issuing any notice, charge-sheet, retrenchment compensation or enquiry. it was claimed that the respondent-fci had violated section 25(g) and 25(h) of the act. it was also claimed that the petitioner was wrongly being described as a contract worker by the fci. the demand notice was examined by respondent no .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-19-2003
Reported in : (2004)186CTR(P& H)244; [2003]264ITR617(P& H)
v.k. bali, j.1. the following question of law has been referred to us for adjudication by the income-tax appellate tribunal, amritsar bench, under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in law in holding that interest amounting ..... assessee as interest not in the nature of income.3. the deputy commissioner of income-tax, range-i, jalandhar, on a reference made by the assessee under section 144a of the income-tax act, 1961 (in short 'the act'), did not accept the assessee's contention and observed that the interest allowed to the assessee by virtue of ..... section 34 of the code of civil procedure was statutory at fixed rate whereas section 34 of the code of civil procedure, permits under discretionary power to allow interest as the .....
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