Court : Punjab and Haryana
..... were prejudicially affected when ist date of specific performance of contract ex. p1 came to existence, but other party did not turn up. this is what article 54 of indian limitation act says. similarly law was laid down by hon'ble high court in case bhagwan singh versus teja singh (supra) to the effect that period of limitation of 3 years ..... are deposing with respect to the agreement dated 30.5.1992 and later on vide order dated 19.7.2007 the amendment was sought that the agreement dated 30.5.92 be substituted as 30.5.1990 but after amendment no fresh evidence was given and as such contradictory evidence is there as vide order dated 19.4.2007 permission for ..... for agreement dated 30.5.1992 whereas no agreement dated 30.5.1992 could be proved and similarly after seeking amendment neither the existence of agreement dated 30.5.1992 nor the agreement dated 30.5.1990 introduced by way of amendment, could be proved. the defendants no.l to 3, are from one and the same family and according to .....
Tag this Judgment!Court : Punjab and Haryana
..... undertaken by a party to prove his claim in the pleadings, its relevance to the points in issue as also admissibility in terms of provisions of the indian evidence act, 1872 (for short, the evidence act) have necessarily to proceed before such evidence is taken on record. bringing of facts and circumstances on record as evidence without deciding questions of relevance and of ..... to be shown to be relevant according to rules of relevancy found in the evidence act. . 24. no doubt, in terms of amendment introduced in section 3-a of the evidence act vide enactment of the information technology act, 2000 (for short the it act), the definition of documentary evidence has been amended to include all documents including electronic records produced for inspection by the court. the .....
Tag this Judgment!Court : Punjab and Haryana
..... by 30th april of the relevant year and the test was to be held in the month of may. it was noticed that appendix e of the graduate medical education (amendment) regulation act, 2004, provided that the entrance test has to be held in the month of may and the declaration of the result has to be made by the 5th of ..... had to be finally approved by the state government and they were to be published in the official gazette of the university and under sub- clause (8), could not be amended without the approval of the state government. similarly, the university policy of 2010 was referred to show that under clause 5.2, the university was to seek formal approval from ..... had made wild allegations against it. the admission had been made in a fair and transparent manner and on the basis of merit and it was acting according to the provisions of the indian medical council act, 1956. it was denied that there was any violation of the orders of this court dated 01.05.2014 and that the said judgment had not .....
Tag this Judgment!Court : Punjab and Haryana
..... and impugned criminal proceedings arising out of fir no.76 dated 04.05.2007, under sections 326, 325, 324, 323, 148 read with section 149 of ipc registered at police station ajnala, district amritsar rural and its cross version as well as all subsequent proceedings arising therefrom qua the petitioners in both the petitions, ..... firs.information report (for short 'fir') no.76 dated 04.05.2007, under sections 326, 325, 324, 323, 148 read with section 149 of indian penal code (for short 'ipc') registered at police station ajnala, district amritsar rural, on the basis of compromise effected between the parties. similarly, criminal misc. no.m-40326 of ..... of the court. in respect of serious offences like murder, rape, dacoity, etc.or other offences of mental depravity under ipc or offences of moral turpitude under special statutes, like prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no .....
Tag this Judgment!Court : Punjab and Haryana
..... . this decision was followed in ellerman lines case (supra) where referring to another circular issued by the central board of revenue under section 5(8) of the indian income tax act 1922 on which reliance was placed on behalf of the assessee, this court observed: "now, coming to the question as to the effect of instructions issued under ..... this document high court chandigarh vatap no.48 of 2012 (o&m) 28 circular no.16/98 was erroneous. till today, the said circular has neither been withdrawn nor amended. . 31. in k.p.verghese vs. income tax officer, ernakulam, (1981) 131 itr597 the supreme court held that circulars and instructions are binding on the authorities administering ..... court by stating that the trade notice issued by one customs house must bind all customs authorities and, if it is erroneous, it should be first withdrawn or amended. in the present case also, it is not open to the assessing officers to reopen the completed assessments on the ground that said singh gurbax 2014.07.30 .....
Tag this Judgment!Court : Punjab and Haryana
..... .2011 (annexure p-1) for offence section 138 read with sections 139, 141, 142 of the negotiable instruments act, 1881 (for short 'the act') as amended by the banking public financial institution laws (amendment) act, 1988 read with section 420 ipc and the summoning order dated kumar suresh15.10.2011 (annexure p-2).2014.08.01 11:44 i attest to ..... take legal action in the matter. it was held that the said letter qualifies itself as a notice within clause (c) of proviso to section 138 of the act. this is precisely the contention of learned counsel for the complainant-respondent. hon'ble supreme court in krishna exports' case (supra) further held that in the circumstances, ..... magistrate on 13.10.2011. learned judicial magistrate issued the process against the accused finding sufficient grounds to proceed against them for offence under section 138 of the act. it was stated that in fact notice dated 16.8.2011 (annexure p-3) was served upon the petitioners after dishonour of the cheque and the same .....
Tag this Judgment!Court : Punjab and Haryana
..... view, providing for a period of one year makes the restriction reasonable. . while repelling the challenge to the provisions of section 25-o of the act, which stood incorporated by the amendment act no.46 of 1982, it was held that merely because genuineness and adequacy of the reasons stated by the employer could not mean that permission to close ..... decided on its own facts on the basis of circumstances prevailing at the relevant time while upholding the amended section 25-o of the act. the relevant observations read thus:- 18. we also see no substance in the contention that the amended section merely deals with the procedural defects pointed out in excel wear's case and does not ..... deal with the substantive grounds set out in excel wear's case. in our view amended section 25- o is .....
Tag this Judgment!Court : Punjab and Haryana
..... the licencee tried to impose the fresh terms on the licencee. the question is whether the state is authorised to do so unilaterally.12. section 62 of the indian contract act, 1872 deals with effect of novation, rescission and alteration of contract, which reads as follows:- 62. effect of novation, rescission, and alteration of contract. if ..... relating to liquor vends on national or state highway alongwith liquor vends in rural area, the state shall not be entitled to enforce clause 2b of the amended policy against such licencees without their consent. as a consequence, such licencees shall not be obliged to continue with the vends in rural area against their express ..... petitioners.4. we have heard learned counsel for the parties and perused the record.5. learned counsel for the petitioners made the following submissions:- (i)the amended policy annexure p.6 is illegal and arbitrary as it compels the licensee to continue with the unaffected vends whether it is profitable to him or not; (ii .....
Tag this Judgment!Court : Punjab and Haryana
..... sub judge, jalandhar. in view thereof, it was held that since the objections were not filed within 30 days, as envisaged under clause (b) of article 119 of the indian limitation act, 1963, therefore, the same were dismissed on both the accounts. aggrieved against the order of the trial court dated 18.03.1996, the petitioners filed two appeals because there were ..... .07.16 12:58 i attest to the accuracy and integrity of this document chandigarh cr no.5042 of 2003 (o&m) [ 12 ].***** the filing of the award. . (the amendment of art. 158 whereby the period of limitation was increased from ten days to thirty days was made after this case).i do not agree with the learned counsel that ..... he is primarily concerned with the award on items no.6, 9 and 16, which are reproduced as under:- sr.no.claim in brief amount of award in rupees claim/amended claim in rupees damages suffered on account of delay in issue of stores under sch. 80,000 6 `b', delay in giving decisions, 81320 transfer of work from ge/age .....
Tag this Judgment!Court : Punjab and Haryana
..... )where (i) where an agreement or a settlement has been entered into by the employees with their employer before the commencement of the payment of bonus (amendment) act, 1976 (23 of 1976).or (ii)where (ii)where the employees enter into any agreement or settlement with their employer after such commencement, for payment of ..... by the said amending act, which also amended the recital to the said act. section 31a reads as under:- 31a. special provision with respect to payment of bonus ..... that the ceiling limit was increased from ` 2,500/- to ` 3,500/-, as per amending act no.45 of 2007. the said act also introduced the concept of bonus civil writ petition no.13491 of 2009 5 linked with production or productivity by amending act no.23 of 1976. thus, a concept of bonus based originally on profit alone was expanded .....
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