Court : Punjab and Haryana
Decided on : May-27-2003
Reported in : III(2004)BC113; (2004)136PLR203a
..... . the prayer was made by the setting up the ground that it is a loan within the meaning of sub-section (6) of section 2 read with section 11-b of the punjab debtor protection act, 1936 (for brevity, 'the act'). it is admitted position that earnest money of rs. 72,000/- was paid in pursuance of agreement to sell ..... learned senior counsel for the jd-petitioner has argued that the amount recoverable from the jd-petitioner is covered by the expression 'debts' used in section 2(c) of the interest act, 1978 (for brevity, '1978 act') and, therefore, the amount should be realised from the jd-petitioner in instalments. for the afore-mentioned proposition, the learned counsel has placed ..... has requested for allowing him to make the payment of decretal amount by instalments and he has got support from the provisions of section 11-b of the debtor protection act, 1936. as per provisions of section 11-b, the court may at any time, on the application of jd, direct that amount of any decree passed against .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-24-2003
Reported in : III(2004)ACC758; (2004)137PLR234
..... has been dismissed.2. the facts leading to the case are that the claimants-appellants bansi yadav and tapi parents of siri ram deceased filed a petition under section 110-a of the act claiming compensation of the demised of their son siri ram due to the motor vehicle accident at the hands of krishan kumar, driver (respondent no. 1). as per ..... s.s. saron, j.1. this is an appeal filed under section 110-d of the motor vehicles act, 1939 (for short - the act) against the judgment and award of the learned motor accident claims tribunal, ludhiana (hereinafter referred to as the tribunal) dated 11.2.1986 whereby the claim petition of the claimants .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-22-2003
Reported in : (2003)135PLR217
..... residential. it shall be apposite to notice the definitions contained-in the act. section 2(d) of the act reads as under:-(d) 'non-residential building' means a building being used- (i) mainly for the purpose of business or trade; or(ii) partly ..... fact that both the premises had been taken on rent at one and the same time, the definition of the word 'residential building' as given in section 2(g) of the act, qualifies the portion which may be used partly for residential and partly for non residential purpose. the cumulative effect of description of the premises shall be ..... being used as a shop. reference has been made to the definition of the word 'non-residential building' as contained in section 2(b) of the punjab urban rent restriction act, 1949 (hereinafter referred to as 'the act') and that reference has also been made to the definition of the word 'residential building', as has been given in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-21-2003
Reported in : (2003)135PLR95
..... of six months which covered the first weeks of may, 1981, in which the employees of the cooperative societies went on strike. sub section 1 of section 22 of the act, reads as under:-'(1) no person employed in a public utility service shall go on strike in breach of contract.a) without giving ..... employed during the intervening period. consequently, the workmen has been rightly declined the benefit of back wages. mere reinstatement of the petitioner under section 11-a of the act, would not give any right to the petitioners to claim continuity in service and full back wages.8. i have anxiously considered the ..... of the petitioners were terminated alongwith large number of other workers without issuing any charge-sheet, payment of any compensation under the industrial disputes act, 1947 (hereinafter referred to as 'the act'), and without holding any departmental enquiry. the petitioners raised an industrial dispute. after reference of the industrial dispute, the presiding officer, labour .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-21-2003
Reported in : II(2004)BC53; (2003)135PLR699
..... of land in favour of kehar singh was confirmed.8. against the aforesaid order, the son of the auction purchaser gajinder singh fileda petition under section 15(1) of the act before the financial commissioner, revenue,punjab. the learned financial commissioner vide his order dated 31.10.2000 (annexure p7) set aside the order dated ..... chief settlement commissioner vide his order dated 22.4.1969 dismissed the appeal filed by kehar singh. against the order, a petition under section 33 of the displaced persons (compensation and rehabilitation) act, 1954 was filed and the same was also dismissed on 6.11.1973.4. still feeling aggrieved against the aforesaid orders, kehar singh ..... for the petitioners has raised this contention for the first time at the time of arguments. no such plea was earlier raised before the authorities under the act when the matter was considered at the various levels. even in the instant writ petition, nothing has been mentioned and no material has been placed on record .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-20-2003
Reported in : 2003CriLJ3777
..... affidavit ex. pu of constable sukhdev singh was ordered to be read as his statement as pw-11 being of formal nature.8. the accused were examined under section 313 of the code of criminal procedure. they pleaded innocence and stated that the prosecution witnesses had deposed against them due to enmity as there was dispute regarding ..... might have healed and marks vanished cannot be ruled out. besides, the accused have been charged for the offence under section 376(2)(g), i.p.c. i.e. committing gang rape. section 114a of the evidence act reads as under :--'presumption as to absence of consent in certain prosecutions for rape.--; in a prosecution for rape under clause ..... (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the indian penal code .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-20-2003
Reported in : (2003)135PLR108
S.S. Nijjar, J. 1. The petitioner is the ward of an ex-serviceman. He has filed the writ petition under Articles 226/227 of the Constitution of India seeking a writ of mandamus directing the respondent-authority to enroll him in the Army in trades where there is no restriction of height or in trades where there is a provision for relaxation of height.2. The respondents had floated a scheme in consultation with the Sports Authority of India known as National Sports Telants Contestants Scheme. The ultimate objective of the scheme was to reach excellence in sports at National and International level. Therefore, the Army had joined hands with the Sports Authority of India to nurture the development of talented boys in the Army, which was terminated in the year 1976. The scheme had been floated to make use of the efficient administration and disciplinary environment, which was necessary and available for sports training in various Regimental Centres in the Army. In order to select the best ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-19-2003
Reported in : 2005ACJ155; (2003)135PLR690
..... read as under:-'... the court must from a proper perspective judge the question whether the delay or failure to deposit the rent in terms of order under section 13 of the act has been properly explained and if that delay has been properly explained, then the court has a discretion to excuse the delay, but if the delay has ..... the defence. it was the view of the court that the words 'shall order the defence against delivery of possession to be struck out' occurring in section 17(3) of the west bengal act have to be construed as directory provision and not mandatory provision as the work 'shall' should be read as 'may'. the court expressed the view ..... of summons. the aforementioned provision has come in force w.e.f. 1.7.2002 as section 18 of the code of civil procedure (amendment) act, 1999 (for brevity, '1999 act') and section 9 of the code of civil procedure (amendment) act, 2002 (for brevity, '2002 act') have been notified from that date. it has further has been made clear by the 2002 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-19-2003
Reported in : (2003)135PLR441
..... the father of the plaintiff-appellant as a passage. 4. it is true that land is described as abadi-deh has not been defined as shamlat deh by section 2(g) of the act. it is equally true that no-one can claim exclusive possession of this land except the proprietor in his dwelling house in the village. the ownership rights ..... in abadi-deh as a general rule' are vested in the proprietary body, at this stage, it is necessary to make reference to section 2(g)(1) and (4) of the act. '2. definitions:- (g) 'shamlat deh or charand' includes (1) land described in the revenue records as shamilat deh or charand excluding abadi deh. (2) xx ..... the courts have returned pure findings of facts that the plaintiff-appellant has been encroaching upon the abadi-deh land and does not have any right to do so. under section 100 no interference in the afore-mentioned finding is called for. the appeal is thus without merit and is liable to be dismissed. 8. for the reasons recorded above, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-19-2003
Reported in : (2004)IILLJ143P& H
..... and predominant nature of the duties is the proper test to be applied for determining the question. keeping in view the definition of 'workman' under section 2(s) of the act, apart from the aforenoticed features, an employee whose duties are mainly managerial or administrative is outrightly not to (sic) be considered as a workman ..... therefore, prays that the writ petition be dismissed.7. in order to appreciate the respective contentions of the parties, the definition of 'workman', as defined in section 2(s) of the act, may be noticed, which reads as under:''workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, ..... matter. it is further contended that the labour court has confused the ingredients of exception (iii) with those of exception (iv) as contained in section 2(s) of the act, inasmuch as the first respondent was employed in a supervisory capacity and drawing monthly wages exceeding rs. 500. it is contended that the first .....
Tag this Judgment!