Court : Punjab and Haryana
Reported in : AIR1997P& H19
..... operative sugar mills. there is nothing on the record to show that the said mill discharges any important governmental function or that it is wholly or substantially financed by the government or that the government exercises deep and pervasive control over its functioning. it cannot, therefore, be said that merinda sugar mill is an ..... we hold that morinda co-operative sugar mills cannot be treated as 'local authority' for the purpose of s. 6(5)(g) of the act.15. counsel for respondent no. 1 has not argued and in our opinion rightly, that the petitioner was an employee of union of india and, therefore, we are not ..... authorities'. the state legislature can also confer such powers as it itself possesses upon a 'local authority', including the power of taxation (within the limits of list ii) for the purposes of local self-government. the 'local authority', undoubtedly, is a representative body but notwithstanding its representative character, it remains a subordinate authority created .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H40
..... a patit will mean whether he is or is not to continue to be a member of the board. in part iii, chapter ix deals with the subject of finances so far as notified sikh gurdwaras are concerned. in this chapter section 106 deals with the funds of the gurdwaras and how the same may be spent. sub-section ..... be substituted for the expression 'state government', and further that until the central government issues any directions under sub-section (2) of section 72 of the reorganisation act, there is no escape from this, that the expression 'state government' in the act has to be limited to the present punjab state government, (e) that, in any case, the power with the ..... , to call upon the committee to show cause why it should not be ordered to pay the same (sub-section (2) of section 124). so part of the existence, functioning and operation of the board depends upon the finances available from the notified sikh gurdwara committees, which funds, if the committees will not pay on their own, they can .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2002P& H112
..... contest the petitioner's claim. on dec. 4, 2000, a written statement was filed on behalf of the punjab dairy development board (respondent no. 2 as constituted under the impugned act) by mr. ashok goyal. ias . member secretary of the board. in this written statement, certain preliminary objections were raised. it was pleaded ..... dairy development is the deputy chairman. minister for cooperation is the second deputy chairman. the chief secretary, the secretaries to government of punjab, departments of finance, co-operation, animal husbandry etc. agriculture, local government and the vice-chancellor, punjab agricultural university, ludhiana, are the ex officio members. the dairy ..... belong to other disciplines. tax and 'fee' are such words. they properly belong to the world of public finance, but since the constitution and the laws are also concerned with public finance, these words have often been adjudicated upon in an effort to discover their content.' 36. these 'philosophical' observations .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1971]80ITR248(P& H)
..... 1970), challenging the validity of section 24 of the finance act, 1969, so far as the same amended relevant provision of wealth tax act, 1957, and included the capital value of agricultural land in computing the total assets on which wealth tax is payable.2. the wealth-tax act, 1957, (act no. 27 of 1957) was passed by the parliament in ..... aggregate value of all the debts owed by the assessee on the valuation date, ....'3. the definition of 'assets' given in section 2(e) as it existed prior to the amendment made by the finance act, 1969, was as follows:-'assets includes property of every description, movable or immovable but does not include- (i) agricultural land and ..... be beyond the competency of the parliament and therefore, ultra vires the constitution. civil writ no. 2673 of 1970 is consequently accepted, rule made absolute and direction issued to the effect that the wealth tax act as amended by the finance act, 1969, in so far as it includes the capital value of the agricultural land for .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)138PLR22
..... . kulwant singh, lecturer, has filed the present writ petition under article 226/227 of the constitution of india, praying that the order dated 15.4.2004 (annexure p-2) issued by the district, election officer, jalandhar, requiring the petitioners to be deployed for election duty in the district, as the presiding officers, be quashed and the respondents ..... or incorporated by or under a central, provincial or state act; (iii) a government company as defined in section 617 of the companies act,1956; (iv) any other institution, concern or undertaking which is established by or under a central, provincial or state act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by ..... swatanter kumar, j. 1. written statement, on behalf of respondents no. 2 to 5, filed in court today, is taken on record. 2. dr. v.k. tiwari, lecturer, dav college, jalandhar, who is also a member of the punjab and chandigarh college teachers union, for himself and on behalf .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1999P& H148; (1999)121PLR219
..... , as mentioned above, has been challenged in the present petition styling it to be against the provisions of act of 1984. 6, the learned counsel representing the petitioners vehemently contends that respondent no. 2 while passing order dated 15-10-1997 had intentionally and wilfully relied upon the judgment of this court in ..... whichever is less :-- (b) where the industrial finance corporation, the state finance corporation or any other financing institution of an employer notified in this behalf by the government has provided finance to a co-operative society, the industrial finance corporation, the state finance corporation or the other financing institution or the employer, as the case may be ..... sub-section (1) in respect of a co-operative society, the registrar shall consult the financing institution to which it is indebted.4. it is the case of the petitioners that section 28 (4).of act of 1984 provides that the committee shall, unless removed earlier by the registrar,hold office for .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2003]115CompCas194(P& H); (2000)126PLR683; [2004]50SCL693(Punj& Har)
..... ] 79 comp cas 139, an unambiguous verdict of a division bench incorporating clause (1) of part b of chapter 3 of volume 5 of the rules we have no hesitation in following the same view.12. law prescribes clear distinction between original and appellate jurisdiction of a court. the fields covered under these two concepts have well recognised ..... .e., the company lawboard as a result of its bench deciding the case under the jurisdiction of a different court. but their lordships specifically observed that there was no change as a result of the amended provisions in the appellate forum. the following observations are material to be noticed (page 147) :'the absence of any indication in ..... could be a judge sitting alone or in a bench. under clause 3a all cases under the companies act, 1956, will be treated as 'commercial causes' and would normally be heard by a learned single judge as under clause 2 the chief justice shall nominate one of the judges of the court to hear commercial causes from time to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H1
..... language of the letter shows that ihe government itself prescribed the amounts of contribution to be made by each market committee and the agricultural marketing board, whether its finances permitted or not. the order was issued under clause (xvii) of sections 26 and 28 as being in the public interest. it has now to be ..... to be paid immediately and the next instalment in the beginning of the next financial year, pro-vided that the marketing board, if the state of its finances so require, may make the pavment in 3 annual instalments, the first instalment to be paid immediately.3. this sanction is being issued as a very special ..... the orissa high court and the supreme court, related to the orissa estates abolition (amendment) act (no. 17 of 1954), which substituted the expression 'inam estate' in section 2 (g) of the orissa estates abolition act, 1951, by the expression 'any inam'. that act related to the acquisition of property for public purpose and required the assent of the president .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1987P& H263
..... india, have argued the case.55a. the submissions made by shri shanti bhushan fall under two broad heads:--(i) constitutionality of the constitution (fifty-second amendment) act, 1985; and (ii) merits of the action of respondent no. 6 in passing the order (annex. p-8) and issuing the impugned show cause notice (annex. p6). 56. the parliament in exercise of its constituent power ..... case, (1910 ac 87) (supra), amalgamated society of railway servants, a society registered under the trade union act, framed a rule authorising it to levy contribution from members for the purpose of securing parliamentary representation. another rule provided that all candidates to be financed by the society shall sign and accept conditions of the labour party and be subject to their whip .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)114PLR227
..... ) [reported as (1995) 109 p.l.r. 307 - editor] in support of their contention. in reply it has been submitted that the aforesaid section was omitted firstly by ordinance no. 2 of 1990 dated 15.10.1990 and subsequently by act no.4 of 1991 dated 16.4.1991 by making corresponding and effective amendments in sections 6 and 15-a of the ..... 'liability to pay purchase tax.' this section was amended firstly by amendment act no. 44 of 1976 and then by act no. 11 of 1979, 3 of 1983, 11 of 1984, 8 of 1986, 16 of 1986 and 1 of 1988. the section was eventually omitted by ordinance no. 2 of 1990 followed by act no. 4 of 1991. for all these periods, the said section remained ..... the appropriate legislatures to enact laws in respect of topics covered by the several entries in the three lists can be exercised both prospectively and retrospectively.'37. vide ordinance no. 2 of 1990, section 9 of the principal act was omitted and section 15-a was substituted w.e.f. 27.5.1971. the ordinance was replaced by haryana .....
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