Court : Punjab and Haryana
Reported in : AIR1974P& H330
..... referred to as 'the act') that such fees are to be included only if a fee certificate is filed by the counsel. the application has been opposed by the learned counsel for the election petitioner.2. the relevant facts are not in dispute. no fee certificate was filed by the counsel for the respondent-applicant before the commencement of the arguments ..... observed by the learned judge that the rule as contained in chapter 6-i is not intended to apply to taxation of costs in an election petition.5. election petition no. 2 of 1969(punj.), anokh singh v. surinder singh was dismissed by a division bench of this court (mahajan, j. and myself) with costs. while taxing the costs to ..... be paid to him after deducting the costs as already assessed including counsel's fee.6. in election petition no. 31 of 1972 hem raj v. ramji lal etc., an application (civil miscellaneous no. 66-e of 1973 dated 22-2-1973)(punj) was made on behalf of the returned candidate praying for the inclusion of counsel's fee in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)133PLR79
..... implemented....' 14. in the present case, the testator had made the will in favour of his three sons. therefore, he had deliberately disinherited his three daughters who were impleaded' no.2, 3 and 4 in the trial court. thus the intention of the testator was clear that he intended to bequeath the property on the three sons for the benefits of ..... rajasthan high court in the case of commissioner of income-tax, delhi ajmer, rajas-than and madhya bharat (supra). although this judgment is given in the context of the finance act, (1951), the same would be relevant to decipher the meaning of the term 'lineal descendant' which occurs in section 109 of the ..... section should be read in their ordinary, natural and grammatical meaning. this rule is subject to the rider that if a jiteral construction would not promote the object of an act, but would produce an absurd result, the court would avoid such a result, if another construction of the relevant provision was possible. the court would have to perform .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1977P& H15
..... prescribes that no election of a sarpanch or panch shall be called in question except by an election petition as provided in chapter ..... ii-a. section 101 empowers the government to make rules to carry out the purposes of the act. in exercise of the powers conferred by section 101, the government ..... rules, 1960, is ultra vires. section 6 of the punjab gram panchayat act provides for the election of the chairman of the gram sabha and an executive committee to be known as the gram panchayat, from among the members of the gram sabha. chapter ii-a of the act provides for the decision of the elect'on disputes. section 13-b .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H237
..... that the revenue courts under section 77(3) are stricto sensu courts of law with all the necessary consequences following from this position.37. coming now to question no. (ii) aforesaid it appears to be now so well settled by a precedent of the final court and a string of division bench judgments of this court that it would ..... thus question, therefore, is (subject to the result of an appeal to the tribunal) binding on the parties only for the purposes of the proceedings under the act, but no further. the correctness of that finding may be questioned in any subsequent legal proceedings in the ordinary courts of the land where the question might arise for decision. ..... decision and return the plaint for presentation to the collector. a reference may then be made to s. 88(2) of the act. this provides for the procedure of the revenue court and it being the admitted position that no rules having been framed the provisions of the code of civil procedure would apply mutatis mutandis to all the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1999P& H225; (1999)121PLR279
..... only consisted of oil expellers whereas in the advertisement for sale by the respondent corporation property is described as vanaspati oil mill which is established in unit-ii. respondent no. 2 has invested about 30-40 lacs more in the industry and petitioner wants to purchase the same through pressure tactics by filing the present petition. it is ..... the aforesaid companies. in the year 1995 working of the aforesaid two units, i.e., unit i and unit ii ran into rought weather and ultimately respondent no. 1 initiated proceedings under section 29 of the state financial corporation act, 1951 and on september 15, 1995 possession of the land measuring 15 kanals 14 marlas along with building constructed ..... , has pleaded that m/s. malook chand vanaspati products is a limited company which has set up two manufacturing units and both the units were financed by the respondent corporation. the petitioner company mortgaged land building and machinery of both the units for availing loan for units i and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)120PLR1
..... convened by the sub divisional officer (civil), karnal and commissioner, municipal committee, indri. mr. a.k. yadav under section 21(2) of this act. on that date 16 members of the committee were present. the no confidence motion was presented in the meeting by the officer concerned. the ballot papers were distributed. the resolution was carried by 9 ..... provided is 11. under section 9(3)(i) three members would be nominated, who assist the committee, but would have no right to vote, while under, section 9(3)(ii) two persons would be nominated. under the unamended act, they had a right to vote but after introduction of 2nd proviso to section 9, they would also have ..... under section 9(3)(i) and two other nominated persons under section 9(ii) and (iii). as we have already held that the nominated persons under section 9(ii) and (iii) of the act would have the right to participate and vote in consideration of no confidence motion' and that the members of the committee would include other members .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1990P& H345; (1990)97PLR610
..... :a tablea now described as a shop situated in purani sabzi mandi, jagadhari was mortgaged by shri jagdish raj, advocate pre-decessor-in-interest of the petitioner and respondents nos. 2 and 3 with smt. gian bala. the mortgage was redeemed and a final decree for redemption was passed by the civil court on oct. 25, 1972. the premises ..... chuni laltenant (for short the tenant). in execution of the decree for redemption, the tenant was evicted and the possession was delivered to the petitioner and pro forma respondents nos. 2 and 3. the tenant filed an application under o. 21, r. 100, c.p.c. for restoration of the possession of the property. it was accepted vide ..... apex court was relating to interpretation of s. 10(2)(vi) of the income-tax act and the question for answer was 'whether the cost of land is entitled to depreciation under the schedule to the income-tax act along with the cost of the building standing thereon?'. this ruling has no relevance to the instant case. in mahadeo prosad shaw .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H538
..... contractor and it was also said that necessary credit for the same would be given to defendant no. 2.the trial court framed the following issues: 1. did the plaintiffs or any one of them finance the contract obtained by defendant no. 2 and to what extent? 2. was the amount so advanced a charge on the assets and profits of the business of defendant ..... the part of the government was in breach of contract with captain s. kirpa ram it is undoubtedly wrongful. if the property so taken was that of the plaintiffs the act of the government complained of does not cease to be wrongful simply because captain. s. kirpa earn did not complain of a tort of conversion in respect of goods ..... whether at the instance of captain s. kirpa ram or in consequence of the volition of the plaintiffs, was not liable to being taken possession of. in this case the acts complained of are wrongs done not only to the contractor but also to the plaintiffs and the latter are not without a remedy.it is urged that the suit is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H400
..... a court empowered under the indian companies act to deal with such matters, and that there is no scope for the intervention of the tribunal in such a matter.15. this argument has its force but is not in my opinion conclusive that other provisions falling in chapter ii of the act should not be deemed to be provisions relating to the procedure before ..... there has been a failure in payment, then no interest shall be payable in respect of any call money due, and the company or the co-operative society shall not be entitled to forfeit the shares or any part thereof, & any forfeiture made before the commencement of the act shall cease to have effect. clause (2) of the section makes it lawful for .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H141; 1966CriLJ434
..... the power on the district magistrate (to pass orders under rule 26, defence of india rules), under section 2 (5), defence of india act, confers the power on the officer actually holding the office of the district magistrate and on no one else and, therefore, no power under rule 26, defence of india rules, can be exercised by the additional district magistrate simply by ..... issued by the labour commissioner to the additional district magistrate (respondent no. 2 in this court) for getting the shop in question requisitioned and shri r. c. aggarwal, additional district magistrate, has accordingly issued a requisitioning order, dated 24-3-1964 purporting to be under section 29 of the defence of india act, 1962, stating that the shop in question is required for .....
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