Court : Punjab and Haryana
..... referred to it in the council, s. sundar singh majithia replied on behalf of the government that although the sikhs had been permitted to wear the kirpan, section 5 of the arms act did not allow them to manufacture it without licence. he also declared that the kirpans were in no case to exceed nine inches in length. consequent upon this ..... being prosecuted, was a kirpan, and that kirpan was another name for the sword. they themselves had with them similar kirpans. and yet the man was convicted under section 19 of the act and sentenced to 6 month's r.i. bhai bachittar singh, lathedar of the akal takht, who had been picked out of so many kirpan carrying sikhs, was ..... carry kirpans as part of the profession of sikh religion, the kirpans carried or possessed by sikhs are exempted from the provisions of section 4 of the arms act, 1959. this exemption applies to all parts of india where section 4 applies. thus, no licence is required for a sikh to wear or carry a kirpan. conclusion: it is in the .....
Tag this Judgment!Court : Punjab and Haryana
..... the order was first challenged in a revision before sessions court which came to be dismissed and a second revision had been preferred before the high court. section 19(4) of the family court act reads as under:- the high court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the ..... custody. 6. i have heard the submissions of both the sides. 7. the counsel for the petitioner had urged that the revision was maintainable under section 19(4) of the act which was analogous provision under section 397 cr.p.c. and this aspect has been examined by various high courts in rajesh shukla vs. smt. meena shukla and another 2005(3) ..... the maintainability of the revision. it had been urged that the order passed by the district judge (family court) was an appealable order in view of section 19(1) of the family court act. the petitioner was directed to deposit rs.40,000/- with the family court as an interim measure and on deposit he was directed to be released on .....
Tag this Judgment!Court : Punjab and Haryana
..... be governed by the decision taken by the board? the contention of the state was that it had superintending and supervisory powers over the board under sections 16 and17 of the act, therefore, the board has to adhere to the directions of the government. on behalf of the employees it was argued that the regulations do not ..... -1/1), it has been decided that revision of the pay scales of boards/corporations shall be considered by the committee headed by financial commissioner-cum-secretary, finance department. the member secretary had directed the respondent board to send the pay revision case of the employees and the board vide letter dated 8.5.1998 ( ..... . the director school education haryana (respondent no. 3) sent a letter dated 23.12.1998 (annexure p-2) to the financial commissioner and secretary , department of finance, (respondent no.2), recommending grant of equivalence as per the decision of the board. it was stated therein that the matter pertaining to implementation of the pay scales .....
Tag this Judgment!Court : Punjab and Haryana
..... hon'ble supreme court in catena of judgments, wherein it has been laid down that until and unless the award suffers from illegality as statutorily prescribed under section 34 of the act, the same cannot be interfered with. in this context, i intend to refer the judgments of hon'ble supreme court in associate builders vs. delhi ..... is terminated, the contractor shall refund to the owner the amounts for the first unit received up to the date of termination of the contract plus the related financing cost paid by the owner to kfw (financial institution) including cost arising out of cancellation of the balance loan and for that purpose, the contractor shall indemnify ..... terminated, the contractor shall refund to the owner the amounts for the first unit received up to the date of termination of the contract plus the related financing cost paid by the owner to kfw including cost arising out of cancellation of the balance loan. for this purpose the contractor shall indemnify the owner through .....
Tag this Judgment!Court : Punjab and Haryana
..... as dw-2, who has stated that the site is a public chowk and it was declared as public street by following the procedure under section 242 of the punjab municipal corporation act. it was finalised by the commissioner, municipal corporation. public notices were issued, but no objections were filed and it was declared to be public ..... discarded by the witnesses of the defendant when it was admitted by them that it was never signed by the competent authority. similarly, notice under section 242 of the municipal corporation act has not been produced on record. the claim as advanced that no objections were filed against the notice has to be rejected summarily inasmuch as ..... . defendant contested the suit on all counts. dismissal of the suit was prayed on the ground of issuance of no notice as stipulated under section 396 of the punjab municipal corporation act. defendant asserted that the plaintiff has no locus standi to file the suit and the suit is bad for non joinder of necessary parties. other .....
Tag this Judgment!Court : Punjab and Haryana
..... ordering payment of compensation. in the instant case, the termination has not been found to be illegal, therefore, the protection in terms of section 25-f of the industrial disputes act is not attracted. the plaintiff has not staked his claim with regard to services rendered by him from the year 1982 to 31.8.1985 before the ..... been given monetary compensation to meet the ends of justice, but the provisions of industrial disputes act could have been attracted, had it been a case of termination on account of non compliance of provisions of section 25-f of the industrial disputes act, where re-instatement was not the remedy but right of workman could have been settled by ..... bench of this court in 'ganpat versus smt. ram devi and ors. 1977 plr page-1', wherein it was held that the provisions of section 41 of the punjab courts act, are in no way effected and curtailed by the amendment made in section 100 of cpc. now, since the regular second appeal is maintainable only with the aid of .....
Tag this Judgment!Court : Punjab and Haryana
..... by the learned judicial magistrate 1st class, jalandhar, for commission of an offence punishable under section 25 of the payment and settlement systems act, 2007, and was sentenced to undergo rigorous imprisonment for two years ..... this petition has been filed under section 482 cr.p.c. for issuance of direction to the learned additional sessions judge, jalandhar, to decide the application for additional evidence, filed in cra no. 608 of 2014, titled as atul sood versus cholamandalam investment and finance company limited, before deciding the main criminal appeal. the grouse of the petitioner is that he was convicted .....
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..... minding the fact that the incomes were actually through an artificial prosperity that he created for himself by getting loan over a crore of rupees. the monthly repayments to the finance companies together with salary that he could have paid to each of his drivers @ rs. 8,000/- per month was somewhere close to about rs. 3 lacs per ..... was impermissible. 8. the counsel for the insurance company would rely on a judgment of the supreme court in oriental insurance company limited v. meena variyal and others, 2007(5) scc 428 that holds that "it was necessary for the claimants to establish what was the monthly income and what was the dependency on the basis of which ..... this case the documents already filed showed that the deceased was owner of 9 trucks, having employed 8 persons as drivers for each one of the vehicles and himself acting as a driver for one of them. according to the counsel, the additional documents filed would show that the liability before his death in favour of the financial .....
Tag this Judgment!Court : Punjab and Haryana
..... the necessary protection of any children . it is further argued that the parties are sikh by religion and are governed by the hindu marriage act, 1955 (hereinafter referred to as the act of 1955 ) in which section 5 provides for conditions for a hindu marriage , which reads as under:- 5. condition for a hindu marriage.- a marriage may be ..... additional director general of police (jails), punjab, chandigarh and is also facing trial in case registered vide fir no.392 dated 31.08.2013, under section 52-a of the prison act, 1894, at police station tripuri, district patiala, in which though he is on bail but has never been released on bail in the case registered ..... willingness of respondent no.3 in respect of the marriage but also asked the state counsel to seek instruction after applying section 3 of the punjab good conduct prisoners (temporary release) act, 1962 (hereinafter referred to as the act ) and to consider her case as to whether the conduct of respondent no.3 had been such as to allow .....
Tag this Judgment!Court : Punjab and Haryana
..... years from the end of the financial year in which such appeal is filed. this court held to the following effect:- "we may also notice sub-section (2a) of section 254, which was inserted by the finance act, 1999. the same reads as under: "(2a) in every appeal, the appellate tribunal, where it is possible, may hear and decide such appeal within ..... v. swapan kumar jana [1997] 1 chn 189 and p. t. rajan v. t.p.m. sahir, air 2003 sc 4603. the language of sub-section (2a), which has been inserted by the finance act, 1999, makes it clear that the legislature did not intend to make the time period of four years for disposal of the application as mandatory. this view ..... a period of four years from the end of the financial year in which such appeal is filed under sub-section (1) of section 253. a careful reading of the .....
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