Court : Punjab and Haryana
Decided on : Sep-10-1999
Reported in : 2000CriLJ2496
1. This appeal and the connected Criminal Appeal No. 78-SB of 1988 'Balwan v. State of Haryana' arise out of same judgment of the learned trial Court and common questions of fact and law are involved therein. So, this order will dispose of both these appeals. 2. For an occurrence which took place on the night intervening 8/9-6-1987 in village Gari Sampla, the appellants in the two appeals along with their co-accused Balwan and Barketu were sent up to face their trial for offences punishable under sections 302/324/323 read with Section 34 of the Indian Penal Code. The learned Additional Sessions Judge, Rohtak vide his judgment dated 8-1-1988 acquitted Barketu and Rattan but convicted Balraj for an offence punishable under section 304, Part II and Section 324 read with Section 34 of the Indian Penal and Balwan under section 324 of the Indian Penal Code. Vide separate order dated 11-1-1988, Balraj-appellant was sentenced to undergo three years' rigorous imprisonment and was ordered to pay...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-23-1999
Reported in : 2000CriLJ2492
1. These appeals have been filed against the conviction and sentence imposed on the accused-appellants by the learned Additional Sessions Judge, Panipat in Sessions Case No. 53 of 1996 (Sessions Trial No. 16 of 1998) dated 9-11-1998. 2. Accused No. 2 Rajinder is appellant in Criminal Appeal No. 1046-SB of 1998 while accused No. 1 Subhash is appellant in Criminal Appeal No. 134-SB of 1999. The other accused 3 and 4 have been acquitted by the learned Additional Sessions Judge even before their examination under Section 313, Cr.P.C. on the ground that there was no incriminating evidence against them to justify their examination under the said Section. The accused-appellants have been convicted for the offence under section 304-B and 201, I.P.C. and were sentenced to undergo rigorous imprisonment for a period of 10 years and pay a fine of Rs. 5,000/- each for the offence under section 304-B, I.P.C. and to further undergo rigorous imprisonment for a period of three years each for the offenc...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-23-1999
Reported in : (2000)125PLR33
A.S. Garg, J.1. This order will dispose of L. P. A. No. 445 of 1998 and Cross-Objection No. 1 of 1998, arising out of common judgment passed by the learned Single Judge, dated July 14, 1998. 2. When there is a controversy relating to workman, the management would seldom offer a sympathetical shoulder for him to lean upon, especially, when the question arises as to the loss of faith in him. Respondent No. 2 J. C. Arora was employed on daily wages with the Indian Farmers Fertilizers Company Limited-appellant with effect from April 4, 1997 as a salesman. He was supposed to work as Salesman Fertilizers to various agriculturists and others. There was an advertisement Annexure G dated April 5, 1978 inviting applications for the post of Salesman in the department of the appellant. The minimum qualification required was that a candidate had to be a matriculate with two years experience as Salesman. The last date for receipt of the applications was April 14, 1978 i.e. within ten days of the pub...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-17-1999
Reported in : 2000CriLJ2649
Jawahar Lal Gupta, J.1. Three persons viz. Ram Kishan, Moman and Munna were tried for having murdered Risal Singh, his wife-Jadao Devi, his son - Om Parkash and two daughters-in-law Smt. Darshana and Smt. Bala. The trial Court has found Ram Kishan guilty under section 302, I.P.C. and Section 27 of the Arms Act, 1959. He has been sentenced to death under section 302, I.P.C. and for three years R.I. under section 27 of the Arms Act. Munna has been found guilty under section 302/34, I.P.C. and has been awarded life imprisonment with a fine of Rs. 5000/-. Moman has been acquitted under section 120-B, I.P.C. and Section 30 of the Arms Act. Ram Kishan and Moman have, however, been convicted under sections 25 and 29 of the Arms Act respectively. 2. We have five cases before us. The Murder Reference No. 2 of 1998, Criminal Appeal No. 188-DB of 1998 and Criminal Revision No. 722 of 1998 arise out of the decision in the main Murder Case. The other two viz. Criminal Appeal Nos. 189-DB and 325-SB ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-16-1999
Reported in : (2000)125PLR269
Swatanter Kumar, J.1. The petitioner was enrolled as a member of the Indian Army on 5.1.1976 after having been subjected to the prescribed medical test and found fit in all respect. He continued to serve the Army. Unfortunately, the petitioner suffered Paranoid Schizophrenia in the year 1992 and remained hospitalised in the Military Hospital, Dehradun from 1.7.1992 to 6.7.1.992 due to depression. There he was placed under Low Medical Category. The ailment of the petitioner did not recover but the same was aggravated and finally the Army authorities discharged the petitioner from Army on 23.3.1993. The petitioner was placed in Medical Category of 'EEE' i.e. the lower medical category and his disability was assessed by the Medical Board concerned more than 60%. The petitioner requested for grant of disability pension, which was recommended by the Unit Incharge and all relevant papers were forwarded to respondent No. 3, who vide his letter dated 6.5.1994 rejected the request, which was co...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-13-1999
Reported in : (2000)125PLR583
R.L. Anand, J.1. Pardeep Singh son of Lachman Singh, the unsuccessful plaintiff has filed the present appeal and it has been directed against the judgment and decree dated 26.8.1999 passed by the Court of the learned Distt. Judge, Faridkot, who dismissed the appeal of the plaintiff-appellant with a clear observation that the plaintiff will be at liberty to avail the alternative remedy as provided in Commercial Circular No.26 of 1989 within a period of three months from today and raise factual or legal objections before the Dispute settlement Committee, who will dispose of the same after affording proper opportunity to the parties. It was further observed by the first appellate Court that the plaintiff will not have to pay the impugned clubbed bill during the pendency of the said dispute before the Dispute Settlement Committee and that the Punjab State Electricity Board (hereinafter referred to as 'the Board') would recover the consumption charges on the basis of separate reading for th...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-01-1999
Reported in : (2000)124PLR531
V.K. Jhanji, J.1. This appeal is directed against the order of the Additional District Judge whereby application filed by the plaintiff (Appellant herein) under Order 39, Rules 1 and 2 read with Section 151 of the C.P.C. for grant of interim injunction restraining the defendant to use mark 'AMTEX SUITINGS' or to sell their goods under the name and style of any other name similar to the plaintiff's trade mark 'AMARTEX SUITINGS' with logo of galloping horse, has been dismissed. 2. It is the case of the plaintiff that it is manufacturing quality suiting and is proprietor of trade mark 'AMARTEX SUITINGS' with logo of galloping horse. The same is registered in cloth at No. 520868 under the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act. It is alleged that the plaintiff had been using the trade mark 'AMARTEX SUITINGS' with logo of galloping horse since 1989-90. It is claimed that the defendant seeing the sales of the plaintiff-company, started business in the trade...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-19-1999
Reported in : (2000)125PLR224
G.S. Singhvi, J.1. Whether the decision of the Medical Council of India (for short, the Council) to deny registration to the petitioners under the India Medical Council Act, 1956 (hereinafter referred to as 'the Act') is legally correct and justified is the question which arises for determination in these petitions filed under Article 226 of the Constitution of India.2. For the sake of brevity, we deem it proper to refer to the facts of C.W.P. No. 12011 of 1998.3. After passing 10+2 examination in Medical stream, the petitioners joined one year language course at Tashkent (Uzbekistan) during the academic session 1991-92 because the passing of that course was a condition precedent for admission to the medical course in any of the Universities of the erstwhile U.S.S.R. After passing the language course, the petitioners joined M.D. (General Medicine) in the Section Tashkent State Medical Institute. Tashkent (for short, 'the Institute') in the year 1992. The duration of that course was 6 y...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-05-1999
Reported in : (2000)124PLR782
R.L. Anand, J.1. This is a defendant's appeal and has been directed against the judgment and decree dated 17.12.1979 passed by Additional District Judge, Ludhiana, who affirmed the judgment and decree dated 28.12.1978 passed by Senior Sub Judge, Ludhiana, who granted a money decree for a sum of Rs. 14,400.73 in favour of plaintiff M/s Amar Nath Surinder Mohan.2. The facts of the case are that plaintiff firm carries on business in Doraha notified market area within the jurisdiction of the defendant-Committee and has licence for the sale and purchase of agricultural produce and other merchandise. The plaintiff-firm has to pay market fee as prescribed by the defendant-Committee. The fee prescribed by the defendant Committee was Rs. 1.50 per hundred rupees on the purchase of the agricultural produce within the market area. But by an unauthorised amendment in the Act vide amendment Act No. 13 of 1974, the defendant-Committee raised the scale of fee from Rs. 1.50 to Rs. 2.25 per hundred rupe...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-26-1999
Reported in : 2000CriLJ3145
ORDER1. In both these petitions the question of law is whether the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act') can take cognizance of the offences under the Act without being committed by the Magistrate in view of Section 193, Criminal Procedure Code. There are conflicting decisions of this Court. Hon'ble Mr. Justice V. S. Aggarwal in Devinder Singh Sarpanch v. State of Punjab, (1997) 3 Rec Cri R 575 took the view that the Special Judge under the Act can directly take cognizance of the case without being committed by the Magistrate. Mr. Justice M. L. Koul in Jyoti Arora v. The State of Haryana, (1998) 1 Rec Cri R 234 : (1998 Cri LJ 2662) has taken the view that the Special Judge under the Act has no original jurisdiction to try the offences unless the case is committed to it under Section 193, Cr.P.C. by a Magistrate. Mr. Justice N. K. Kapoor in Phuman Singh v. Kashmir Singh, (1995) 1 Chand LR...
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