Court : Punjab and Haryana
Reported in : AIR1984P& H398
..... challenge to the scheme on the ground that the notification under section 36 of the act was illegal, in that it was published on may 7, 1976, but mentioned may 5, 1976 as the last date for filing the objections thereto and repelled the contention of the improvement trust that the court could not do so in view of the provisions of sub ..... a case where there was no compliance whatsoever with procedural provisions all that had happened in that case was that the objections had been taken into consideration by the board though they were rejected for reasons which were considered by the appellant in that case to be not sufficient. ..... that the resolution of the appellant board framing the proposal was not published in a local paper of hapur printed in hindi and (b) that the rules framed for the imposition of the tax did not accompany the resolution which was affixed on the notice board at the office of the appellant board in purported compliance with the requirements ..... municipal board's case (air 1966 sc 693) (supra) the provisions of sub-section(3) of section 135, which read:--'a notification of the imposition of a tax under sub-section(2) shall be conclusive proof that the tax has been imposed in accordance with the provisions of this act,'was invoked on behalf of the municipal board, ..... , as he then was, no doubt in hapur municipal board's case (air 1966 sc 693) (supra) had expressed the minority view but the majority had left the question undecided and now in raichur municipality's case (air .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1988P& H66
..... refuse to enter in to relationship with any one, yet if it does so, it cannot arbitrarily choose any person it likes for entering into such relationship and discriminate between persons similarly circumstanced, but it must act in conformity with some standard or principle which meets the test of reasonableness and nondiscrimination and any departure from such standard or principle would be invalid unless it can be supported or justified on some rational and ..... context in ramana dayaram shetty's case (air 1979 sc 1628)(supra) it was observed, thus:'nowhere does it say that such a condition permits the government to act arbitrarily in accepting a tender or t under the guise or pretext of such a condition, the government may enter into a contract with any person it likes, ..... out of the contract would go to the labourers and thus improve their economic position'.26. ..... government company has acted fairly, even if it has faltered in its wisdom, the court cannot, as a super auditor, take the board of directors to ..... in fact the court pointed out at the end of the judgment that the act of the government was not 'shown to be vitiated by such arbitrariness as should call for interference by the court', recognising clearly that if the rejection of the tender of the 1st ..... in couched is rather wide, we do not think that in making this observation the court intended to laid down such a proposition, permitting the state to act arbitrarily in the matter of entering into contract with third parties. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1989P& H87; [1988]68STC394(P& H)
..... conversion of the notified market areas falling in rural area as defined under the 1986 act, into model market areas by utilising technical know-how thereto and bringing about other necessary improvements therein, construction of godowns and other places of storage, for the agricultural produce brought in the market area for sale/purchase and the ..... 5 and grants from the state government and local authorities shall be credited to the haryana rural deveplopment fund according to sub-section (5) of section 6, the fund shall be applied by the board to meet the expenditure incurred in the rural areas in connection with the development of roads, establishment of dispensaries, making arrangements for water supply, sanitation and other public facilies, welfare of agricultural labour, ..... in om prakash agarwal's case, it would be evident that what weighed predominantly with the hon'ble judges of the supreme court while declaring the levy as unconstitutional was that the 1983 act did not make a provision for rendering any service to the dealer who was the cess payer and in order to justify the imposition of the levy by way of fee, the amount so levied should ..... the 1986 act provides for the establishment of the haryana rural development fund administration board for augmenting agricultural production and improving its marketing and ..... affect the operation of section 6 of the punjab agricultural produce markets (amendment and validation) act, 1976 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1990P& H305
..... 36 of the punjab tow n improvement act (hereinafter to be called as the act), notice was published in the haryana government gazette on july 9, 1974 intending to acquire the land and ..... be that as it may, at the time of acquisition, the tenant had the protection of the provisions of rent restriction act and the fact that he had been compensated to some extent by allotment of another plot, though on sale, the right of the tenant to do business in the same locality also continues to ..... haryana, 1985 pun lj 126: (air 1985 noc 36), acase relating to acquisition of agricultural land situated in ambala city which was acquired by the improvement trust, such a question was raised. m. m. ..... the president tribunal improvement trust, hissar announced his judgment on september 29,1987 allowing one-eighth of the compensation of the land measuring 307 square yards to the tenant and the remaining to ..... air):--'furthermore, if we treat the case as one covered by the rent control act, then we have a further difficulty in assessing the compensation payable to the tenant. ..... to the cases under the punjab land security of land tenures act where the tenant could purchase land of the big landowner under ..... dispute along with other land and property situated at hissar was acquired by the improvement trust, hissar. ..... position in the present case where it can legitimately be said that in view of the provisions of the rent restriction act, the tenant had no transferable interest in the premises in dispute. ..... wakf board ..... 1976 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1991P& H31
..... conclusion that the respondent cannot be made to suffer for no fault of her, and resultantly found that the appellant-board is estopped in equity, justice and good conscience from cancelling the result of the respondent.21. ..... and inequities are to be avoided when the meanings are being given to the regulation and such an interpretation appears to have been put by the board when they accepted the form and permitted the student to take the examination. ..... doing justice, it would amount to perpetuating injustice and particularly in the field of education when the object of the society is to provide more and more opportunities in educational field to enable the people to improve their educational qualifications. ..... obvious in view of the facts stated above, that nothing was attributed to the respondent as an overt act intentionally made on her part for misleading the board to issue her roll no. ..... was duly attested by the principal of the institution and accepted by the board with respect to her eligibility after due scrutiny by its officers. ..... of regular candidates : a candidate shall be eligible to appear in the examination if; (a) he has been on the rolls of an institution affiliated to the board throughout the academic year preceding the examination. ..... kurukshetra university, air 1976 sc 376, wherein it was held that once the candidate is allowed to take the examination, rightly or wrongly, then the statute which empowers the university to withdraw the candidature of the appellant has worked .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1990P& H259; (1990)98PLR666
..... market area for these reasons;(a) the whole of the notified market area is too big an area for any effective control and supervision by a particular market committee;(b) section 6(3) read with section 10 of the act requires a licence by a dealer for doing business in the principal market yard or sub-market yard;(c) only sale or purchase of agricultural produce by way of auction taking place in the principal market yard ..... thereto andbringing about other necessary improvements therein, construction of godownsand other placesof storage, for the agricultural produce brought in the market area for sale/purchase and the construction of rest houses equipped with all modernamenities, to make the stay of visitors (both sellers and purchasers) in themarket area comfortable and for any other pur-pose which may beconsidered by the board to be in the ..... . 212 of 1975 decided onjuly 30, 1976) (reported in air 1976 sc 2433) to which one of us was a party, is to try to find out and follow the opinion expressed by larger benches of this court in preference to those expressed by smaller benches of the court which practice ..... . state of andhra pradesh, air 1976 andh pra 193, it was contended that the facilities provided were confined to the market proper ..... air 1976 ..... . subramaniam, air 1976 sc 2433, concluded the legal position in the following words:'of course, if the views expressed earlier by a larger bench of the supreme court havebeen explained even by a smaller bench in a subsequent .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1991)99PLR1
..... be noticed here that the supreme court in para 7 of the report has observed, 'it was not disputed before us that the establishment in question and the contractors/employees come within the ambit of the provisions of the act' in spite of this, the hon'ble supreme court did sot grant the relief to the writ-petitioners before it and left it to the appropriate government to see whether notification for the prohibition of employment of contract labour ..... government or the local authority, as the case may be, may specify in this behalf,(ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the factories act, 1948, the person so named,(iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named,(iv) in any other establishment, any person responsible ..... prohibition of employment of contract labour,- (1) notwithstanding anything contained in this act, the appropriate government may, after consultation with the central board, or as the case may be, a state board prohibit, by notification in the official gazette, employment of contract labour in any process, operation or other work in any establishment. ..... in the second-live year plan, the planning commission made certain recommendations, namely, undertaking of studies to ascertain progressive abolition of system and improvement of service, conditions of contract labour where the abolition was not possible. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1993P& H1
..... c) a candidate appearing in a subject/s for improvement in his previous performance, will not be entitled to grace marks. ..... the grant of grace marks in compartment examination of 10+2 is governed by regulation 26 of the regulations framed by the board of school education haryana, under section 19 of the haryana board of school education act, 1969. ..... claim is based on regulation 26 of the regulations of the board of school education, haryana, according to which if a candidate fails in one or more subjects and the total deficiency is not more than i per cent of the aggregate marks, that candidate shall be awarded the requisite grace marks to ..... in the return filed by the haryana board of school education, the stand taken is that the grant of grace mars to a compartment candidate has to be restricted only to the extent of i per cent of the maximum marks allotted to. ..... petitioner appeared in the senior secondary certificate examination held by the haryana board of school education in march, 1990. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)105PLR367
..... also came to the conclusion that the appellants are entitled to interest at the rate of 9 per cent with effect from 25.3.1976 for the first year and at the rate of 15 per cent per year afterwards till the payment was made. ..... other words, the appellants are entitled to the payment of solatium at the rate of thirty per cent on enhanced amount alongwith interest at the rate of nine per cent for the first year with effect from 17.3.1976 and thereafter at the rate of 15 per cent for subsequent years till the payment is made or is deposited. ..... the fact that land has been selected by the mandi board for grain market also shows that the land was fit to be used for commercial ..... emphasised that in view of the situation of the land, it has prime potentiality for being used as commercial site and for this reason the mandi board selected the land in dispute for setting up a grain market. ..... amritsar improvement trust and ors.,2 ..... notified for acquisition for setting up a grain market through notification under section 4 of the land acquisition act, 1894 (for short 'the act') issued on 15.3.1976. ..... moreover, there is nothing in the punjab colonies (development & regulation) act that 75 per cent of the land is to be left for development ..... aggarwal, aw 4, who is member of the cantonment board also appeared in the witness box. ..... , the pamphlet was issued and the acquired land was earmarked for residential colony, but according to the colonisation act, atleast 25% land is to be left for the common purposes i.e. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)108PLR425
..... this purpose to my mind is clearly a public purpose as defined in clause (f) of section 3 of the act, the relevant clauses of which read as under :-'(f) the expression 'public purpose' includes :-(i) the provision of village-sites, or the extension, planned development or improvement of existing village-sites;(ii) the provision of land for town or rural planning :-(iii) the provision of land for planned development of land from public funds in pursuance ..... by a preliminary notification dated october 11, 1991 issued under section 4 of the land acquisition act, 1894 (as amended upto date the hereinafter called 'the act') land measuring 213.65 acres was sought to be acquired in village jhumbru and by a similar notification dated october 15, 1991 issued under section 4 of the act another area of 83 acres in village burail was required for a public purpose, namely, the ..... boards's case (supra), the writ petitioner who was a respondent before their lordships of the supreme court challenged the notification issued under section 4(1) of the act on the ground that the same was vague and invalid for non-compliance with the mandatory requirements of the act ..... purpose for which the land has been acquired is not a 'public purpose' within the meaning of the act and that it is vague as a result whereof the petitioners were handicapped in filing their objections under section 5a of the act reliance was sought to be placed on the judgments of the apex court in madhya pradesh housing board v. .....
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