Judgment Search Results Home > Cases Phrase: hackney carriage act 1879 section 9 power of magistrate to decide disputes regarding fares Court: punjab and haryana

People Insurance Co. Ltd. Vs. Sardar Sardul Singh Caveeshar

Court : Punjab and Haryana

Reported in : AIR1962P& H101; [1962]32CompCas125(P& H)

..... he may be cross-examined and, in cross examination, question tending to incriminate him may be put.section 342-a, as worded, does not expressly say so unlike section 1(c) of the english criminal evidence act, 1898, which specifically provides that:'a person charged and being a witness in pursuance of this act may be asked any question in cross-examination notwithstanding that it would tend to criminate him as to ..... and it would seriously prejudice the defence of the respondent in the criminal case.on these grounds, it was stated that the respondent should not be examined till the criminal case was decided and he should not be compelled to depose to facts which were alleged against him in the criminal case, otherwise the protection guaranteed to him by article 20 of the constitution would be violated. ..... , who delivered judgment of the supreme court, 'these observations were unnecessary in sharma's case, 1954 scr 1077 : air 1954 sc 300, having regard to the facet that this court held that the seizure of documents on a search warrant was not unconstitutional as that would not amount to a compulsory ..... if he chooses to appear as his witness, and on the supposition, that the matter is determined against him, the power of the court is confined to requiring the respondent to pay any money or deliver property or documents in his hands, to which the company may be prima ..... with others, is being prosecuted in the court of a magistrate at delhi on the charge of his having committed offences .....

international Cotton (Waste) Corporation Vs. the Assessing Authority a ...

Court : Punjab and Haryana

Reported in : [1965]16STC1045(P& H)

..... the purpose of export from india to other countries and also furnished evidence in support of this contention, they prayed that the amount spent on the purchase of cotton might be deducted from their gross turnover under section 5(2)(a)(vi) of the act but the same was declined by the assessing authority and they were directed to pay rs. ..... the petitioners alleged that the hessian cloth should also have been taxed at the same rate as the cotton because according to section 14 of the central sales tax act, 1956, tax could not be more than 2 per cent. ..... in view of the matter, the assessing authority should have allowed the exemption claimed by the petitioners from their gross turnover under section 5(2)(a)(vi) of the act and the omission to do so invalidated the impugned order.7. ..... according to them only the sales made by the branch office in the state of punjab were to be taken into account while making the assessment because the same was a dealer under the act in respect of the business done by this branch only and not of any other branch outside the state. ..... the purchases of cotton were made by the branch office at bhatinda and the cotton was then transferred to the head office at bombay which in turn exported it outside india, the exemption claimed by the petitioners under section 5(2)(a)(vi) of the act could not be granted. ..... as regards the levying of tax on the hessian cloth at a higher rate, it was contended that cotton only was liable to tax at the rate of 2 per cent. .....

Hanuman Dall and General Mills, Hissar Vs. the State of Haryana and or ...

Court : Punjab and Haryana

Reported in : AIR1976P& H1

..... committee;(vi) payment of interest on loans that may be raised for purposes of the market and the previsions of a sinking fund in respect of such loans;(vii) collection and dissemination of information regarding all matters relating to crop statistics and marketing in respect of the agricultural produce concerned;(viii) providing comforts and facilities such as shelter, shade, parking, accommodation and water for the persons, ..... taxes for the use of trade facilities arc not hit by the freedom declared by article 301 of the constitution, their lordships further observed :--'it seems to us that a working test for deciding whether a tax is compensatory or not is to enquire whether the trades people are having the use of certain facilities for the beiter conduct of their business and paying not patently much more ..... in the absence of any definite material about the income which accrues to a market committee by recovery of market-fee on the one hand and the expenses it has to incur on the items specified in sections 27 and 28 of the act, (all of which are admitted to be related to the functions of the committee), on the other, it is impossible to record any finding as to whether there is a quid pro quo between the ..... the learned judge was of tie view that since the power to acquire property under the act was to be exercised by the marketing board, the provision with regard to its constitution related to the acquisition of property and ..... dispute committee for quick settlement of disputes .....

The State of Haryana Vs. Suresh Chand and ors.

Court : Punjab and Haryana

Reported in : (1998)118PLR464

..... can even otherwise be not relied upon for determining the market value of the land under acquisition, as even though the said sale deeds came about three years before the notification under section 4 of the act was issued and formed part of the acquired land, the same are of very small pieces of land as compared to the land under acquisition. ..... regard to admissibility and reliability of sale instances, ex.p8 and p9, he contends that no objection at all was taken by the state when these documents were tendered and exhibited by the trial judge as also that the claimants had produced certified copies of the sale deeds which were per-se admissible in evidence as also that in any case there was no need at all to examine the vendor and vendees in view of provisions contained in section 51-a of the land acquisition act inserted by act ..... the sale deeds is concerned, it may be mentioned that there is no dispute that the same could be tendered into evidence and could also be exhibited. ..... (6) whether there existed pucca khals in the land in dispute which belonged to the petitioner suresh chand at the time of acquisition and he was not awarded compensation, if not to what amount they are ..... (3) whether there existed pucca khala in the land in dispute which belongs to petitioners tarlok chand and satish chand at the time or acquisition and they ..... it is not disputed that the land under acquisition is situated within the,municipal limits of safidon town as also that there is rampura road towards north .....

Sita Ram Gurdas Mal Vs. Collector of Central Excise, New Delhi and anr ...

Court : Punjab and Haryana

Reported in : AIR1958P& H35

..... when a question raises whether an authority created by an act is a quasi judicial tribunal, then one has to see if the tribunal has a duty to decide disputes in a judicial manner and declare the rights of parties in a definitive judgment. ..... i therefore hold that in the present cases the procedure adopted by the customs authorities under sections 182 and 188 of the act violated the principles of natural justice and therefore the orders passed are liable to be, quashed in the present proceedings.7. ..... chand mahajan has observed at page 196 :'the expression 'adjudication' implies that the tribunal is to act as a judge of the dispute; in other words, it sits as a court of justice and does not occupy the chair of an administrator. ..... his order reads :'having regard to all the circumstances of the case i find that the gum in question was rightly assessed under section 30 of the sea customs act. ..... it was not argued before me that this court could not set aside these orders in the exercise of powers conferred on this court under article 226 of the constitution.8. ..... 'all these provisions go to show that far from being authorities bound by any rules of evidence or procedure established by law and invested with power to enforce their own judgments or orders the sea customs authorities are merely constituted administrative machinery for the purpose of adjudging confiscation, increased rates of duty and penalty prescribed in the act. .....

Pardeep Singh Jassal Alias Babla Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : 1996CriLJ1830

..... to the government of india, ministry of finance, in exercise of the powers conferred by sub-section (1) of section 3 of the conversation of foreign exchange and prevention of summoning activities act, 1974 (hereinafter referred to as 'the act') and with a prayer that he be released forthwith from the illegal ..... union of india, : [1981]1scr640 , as under:-'now it is obvious that when clause (5) of article 22 and sub-section (3) of section 3 of the cofeposa act provide that the grounds of detention should be communicated to the detenu within five or fifteen days, as the case may be, what is meant is that the grounds of detention in ..... reverting to the facts of the case in hand, it is not disputed that the shop (business premises) of the petitioner was searched by the authorities on 15- ..... on receipt of some secret information with regard to pardeep kumar, karamwant singh and pardeep singh jassal alias babla (detenu) that they were indulging in illegal distribution of payments in india on instructions of indian residing ..... question as to whether the documents, copies of which have been asked for by the petitioner, are relevant or material, although not relied upon by the detaining authority, is to be decided by the petitioner and not by the detaining authority. ..... detenu;(c) however, even such documents, if the detenu requests for the same, have to be supplied to him, for whether they are relevant to his defence or not is for the detenu to decide and not for the detaining authority to judge. .....

Ram Sarup Vs. Peer Chand and Others

Court : Punjab and Haryana

Reported in : AIR1993P& H180

..... (1964) 6 scr 238 : (air 1964 sc 1249) : (1964 all lj 569), observed as under (at page 1252) :--'an order for inspection may not be granted as a matter of course; having regard to the instance upon the secrecy of the ballot papers, the court would be justified in granting an order for inspection provided two conditions are fulfilled: (i) that the petition for setting aside an election contains an ..... if some ballot papers were wrongly considered as put in the lot of the winning candidate and the case would fall under section 100(1)(d)(iii) of the act for which all the material facts in that context were also required to be given in the election petition to constitute cause ..... affording a good ground for believing that there has been a mistake in counting; and (3) the court trying the petition is prima facie satisfied that the making of such an order is imperatively necessary to decide the dispute and to do complete and effectual justice between the parties. ..... question for consideration was that in the absence of any application filed under section 97 of the act whether on recount some of the votes could be taken in his favour ..... even by an antecedent or contemporaneous oral statement of the author or any of his agents with regard to any irregularities in the counting. ..... several matters with regard to seating arrangement of the counting agents, putting a barbed wire and fencing in between the table of the counting staff and the counting agents, according to the petitioner, was such that .....

Jagjit Cotton Textile Mills Ltd. Vs. the State of Punjab Through the S ...

Court : Punjab and Haryana

Reported in : (1991)99PLR117

..... to the landlord according to the learned single judge, there was no controversy before the supreme court as to whether annual rental value of the property in question was assessable under clause (b) or clause (c) of section (1) of the act, which controversy was in hand before the learned single judge the learned single judge after quoting the observations in extenso from the division bench judgment in skinner's case (supra), observed that he had nothing ..... also took notice of the view of the learned single judge that if for all buildings whether self occupied or rented out the gross annual rent had to be assessed on hypothetical grounds, clause (c) of section 3 (1) would sure be rendered otiose, and it was under these circumstances that the learned single judge, to avoid that situation had based his decision on skinners case (supra) dealing with this aspect of ..... supreme court in these circumstances, cannot even be imagined to be obiter, for their lordships of the supreme court were deciding not the fate of devan daulat rai kapoor but of others also who were self- occupants of their respective buildings. ..... with regard to the building subject to rent act mean the amount of rent which the owner is entitled to charge in accordance with the provisions of the rent act from ..... skinner's case (supra) only to mean that such expression gives power to the municipal committee to fix assessment of tax at a higher or lower annual rent as compared to the contractual rent when suspicious of collusion, .....

Smt. Chanchlesh and ors. Vs. Land Acquisition Collector, H.S.E.B. Try ...

Court : Punjab and Haryana

Reported in : (1997)115PLR1

..... in the light of the aforementioned factual position which was not disputed during the course of arguments and in view of the order of the land acquisition collector, the precise question which has arisen in all these cases is whether such land owners who filed references under section 18 of the act after the award of the collector, are also entitled to claim enhanced compensation on the basis of the enhancement made by the ..... court in that case held that there is no provision in the land acquisition act apart section 28-a of the act for reopening an award which has become final and conclusive and that section 28-a of the act provides for re-determination of the amount of compensation provided the conditions laid down therein ..... referring mewa ram's case (supra) and the scheduled caste co-operative land owing society's case (supra) categorically held that sub-section (1) of section 28-a of the act would apply only to a person who failed to seek and secure reference under section 18 of the act when one or other persons similarly interested in the land covered under the same notification published under section 4(1) of the act received on reference under section 18 of the act higher compensation in an award under ..... the argument of the learned counsel for the land owners that all landowners whether they sought reference under section 18 of the act or not, should be treated on equal footing and that there is no rational in treating them differently has also been answered by the apex court .....

Hakam Singh S/O Jagir Singh Resident of thethar Khurd District Vs. Sta ...

Court : Punjab and Haryana

..... to both the appellants, one after the other and told them, as to whether they wanted their search to be conducted in his presence or in the presence of some other gazetted officer or magistrate; the appellants opted to get the search conducted in his presence and memo ex.p7 in this regard was prepared and, thereafter, on his direction, palwinder singh asi conducted the search of the truck bearing registration not rj-13ga 0390.on whose opening of shutter on the rear ..... in order to prove the compliance of section 55 of the act, it was required for the prosecution to lead evidence that suresh kumar (pw-7) was acting as sho of the police station at the time of alleged production of the case property of this case before him by palwinder singh asi (pw-5).in the absence of such evidence, it must, follow that provisions of section 55 of the act were not complied with by the investigating officer and benefit in this regard must go to the appellants. ..... state of punjab, have arisen from the common impugned judgment and order, these shall be decided by this common judgment. ..... versus state of punjab ....respondent criminal appeal not d-929-db of 2007 decided on:10. ..... cra not d-791-db of 2007 - 1- cra not d-929-db of 2007 in the high court of punjab and haryana at chandigarh criminal appeal not d-791-db of 2007 decided on :10. .....