Court : Punjab and Haryana
Decided on : Dec-21-1998
Reported in : (1999)121PLR574
..... should be given to the officers/officials only in case they have earned 70% good or better than good reports during last 10 years of service. accordingly, an amended proforma is enclosed herewith. 3. in the matter of giving extension to gazetted officers in the service beyond the age of 50 years, it is necessary that they ..... ignoring relevant factors can appropriately be construed as exercise of power which suffers from malice in law inviting interference by the court. the court will, no doubt not act as an appellate authority and will not re-evaluate the material placed before the competent authority for the purpose of forming an opinion as to whether the employee ..... i.e., the director of industries has done in the appellant's case is illustrative of mechanical exercise of power by the concerned officer, who appears to have acted on the assumption that in view of the government instructions, he has no discretion to make his own objective assessment of the appellant's record in order to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-11-1998
Reported in : 1999CriLJ1919
..... alias baljinder kaur and kiran rani, accused were initially charged under sections 498-a, ipc and 304-b, ipc. subsequently the charges were amended and the charge under sections 498-a and 302, ipc read with section 34, ipc and in the alternative under section 304-b, ipc were framed to which they pleaded not guilty and claimed trial. 4. in order to ..... the prosecution and the accused in their defence, the learned sessions judge found that the prosecution also failed to establish its case against parveen kumar under section 498-a, ipc and the prosecution also failed to establish its case against jagdish ram, ms. kulwinder kaur alias baljinder kaur and ms. kirna rani, co-accused of parveen kumar for ..... in para 9 of the judgment it was observed by their lordships that (at page 32 of cri lj) :- 'under clause (1) of section 32 of the indian evidence act, 1872, a statement made by a person who is dead, as to the cause of his death or as to any of the circumstances of the transaction which resulted .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-17-1998
Reported in : (1999)121PLR482
..... the right of the landlord to evict the tenant from a non-residential building for bona fide need was taken away and, therefore, the provisions of the amended act were violative of article 14 of the constitution and were liable to be struck down. it was observed by the apex court in that case as under ..... requirement was bona fide.5. before the 1973 act was enacted, there was in force in haryana, the east punjab urban rent restriction act, 1949 (hereinafter referred to as the 1949 act). the said act was repealed by the 1973 act. the relevant provisions in the 1949 act before its amendment by the amending act of 1956 were as under:-section 13 - eviction ..... of his family and produces a certificate from the prescribed authority referred to in section 7 of the indian soldiers (litigation) act, 1925 that he is serving under special conditions within the meaning of section 3 of that act.explanation.- for the purposes of this sub-clause family means such relations of the landlord as ordinary live .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-03-1998
Reported in : [1999]96CompCas907(P& H); (1999)121PLR620
..... the lis may last and cannot be vacated in between. he has raised some submissions with regard to applicability of the provisions of the contempt of courts act in entertaining the contempt petition and holding the appellant guilty of contempt, but at this stage we are not concerned with the said contention of learned counsel ..... by the learned single judge directing payment of the defaulted amount is without jurisdiction as the learned single judge while exercising his jurisdiction under the contempt of courts act, 1971, could only convict the appellant for contempt but through the said coercive measures could not order payment of the remaining amount. his other contention is ..... undertaking was also given that if apex multitech limited failed to make the payment of even one instalment on any account, the proceedings under the contempt of courts act could be initiated against it. the order of the court depicting the undertaking of the appellant that came to be passed by the court reads thus : ' .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-03-1998
Reported in : 1999CriLJ2458
..... pm. the police after investigation arrested the appellants and charged them for an offence under section 302 read with section 34 as also under section 201 read with section 34 ipc. they were, thus, sent for trial with the result as indicated above. 4. the prosecution in its endeavour to bring home the offence against the appellants examined sham behari first ..... , j. 1. appellants hari kant and kalia who have been held guilty of an offence under section 302 read with section 34 of the indian panel code as also under section 201 read with section 34 of indian penal code and sentenced to undergo imprisonment for life as also to pay a fine of rs. 5,000/- each and r.i. for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-02-1998
Reported in : 1999CriLJ1780
..... calls in question the orders passed by mr. p. l. goyal, additional sessions judge, sonepat dated 29-11-1996 and 2-12-1996 convicting him under s. 302 of the indian penal code and sentencing him to undergo r.i. for life and to pay a fine of rs. 2,000/- or in default thereof to further undergo r.i. for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-29-1998
Reported in : 1999CriLJ1616
..... .1. rachhpal singh, husband, gurcharan singh, father-in-law and gurdial kaur, mother-in-law of deceased-paramjit kaur alias raji were tried under section 304b of the indian penal code and vide order of conviction and sentence dated june 1, 1995 recorded by learned additional sessions judge, ferozepur, they were sentenced to undergo ri for life and ..... this court. in hem chand v. state of haryana, 1994 (3) rcr 625 (1994 air scw 4150) supreme court, while dealing with a case under s. 304b, ipc, held that 'the section only raises a presumption and lays down minimum sentence of 7 years which may be extended to imprisonment for life and awarding extreme punishment of imprisonment ..... case (supra) and another judgment in smt. shanti v. state of haryana, 1991 (2) recent cr 55, reduced the sentence from life to eight years under section 304b, ipc. in yet another judgment in jasbir v. state of haryana, 1998 (2) all cri lr 529, this court reduced the sentence under section 304b to seven years. 8. learned .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-16-1998
Reported in : AIR1999P& H156; (1999)121PLR54
..... due from the transferee or occupier and also to impose penalty. section 8-a, which was added by the capital of punjab (development and regulation) (chandigarh amendment) act, 1973, central act, no. 17 of 1973 provides for resumption of the site or building and forfeiture of the whole or any part of the money paid by the transferee ..... not been able to put the property to use by way of giving the same on rent to the prospective businessmen.(vii) learned counsel relied on mahabir auto stores v. indian oil corporation, (1990) 3 scc 752 : (air 1990 sc 1031), satnam singh v. haryana urban development authority, mani majra, u.t., chandigarh, (1993) 1 ..... outstanding dues withinterest up to 31-7-1998interest rs. 56,83,048.0012.date of sanction of waterconnection18-5-199213.details of occupiersbasement and ground floor hasbeen occupied by indian bank. 1st & 2nd floor have been occupied by bank ofpunjab'36. perusal of the averments made in the writ petition, the written statement and the additional .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-13-1998
Reported in : 1999CriLJ2176
..... nature, we are of the view that offence committed by appellant gurkirpal singh would fall under section 304, part i of the indian penal code. the interest of justice would be well served if the appellant gurkirpal singh is held guilty under s. 304, part ..... the hon'ble apex court that 'the offence of the appellant would more appropriately fall under section 304, part ii of the indian penal code as the appellant had given one blow with a pair of scissors on the vital part of the body of madhavan ..... as also that even if the prosecution version is accepted in its entirety, the offence would be 304, part ii of the indian penal code and not section 302 of the code. 11. we have heard learned counsel for the parties and with their assistance ..... appellant gurkirpal singh son of amrik singh, aged 20 years, has been held guilty for an offence under section 302 of the indian penal code for having intentionally caused death of one harjit singh, his co-accused gurmit singh son of gurpartap singh, aged 19 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-30-1998
Reported in : 1999CriLJ1197
..... his two sons kulwinder singh and karamjit singh were tried with their co-accused milkha singh and balbir singh under sections 302 and 302 read with section 34 of the indian penal code for intentionally causing death of one sukhwinder singh. in the resultant trial whereas karamjit singh was held guilty under section 302 of the ..... indian penal code and sentenced to undergo r.i. for life and to pay a fine of rs. 2000/- or in default to further under go r.i. for six months, .....
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