Court : Punjab and Haryana
Decided on : Jul-28-1998
Reported in : 1999CriLJ232
..... jagir singh, ex. dd, which he made in the court of additional chief judicial magistrate, ferozepur in a criminal case registered against appellant dhira singh under section 336, ipc. it is proved from the statement aforesaid that jagir singh appeared as prosecution witness against the appellant in a case pertaining to fir no. 131 dated august 13, 1988. ..... 12-55 p.m. on the date aforesaid. when dead body of tek singh was recovered on february 10, 1991, offence was converted from section 364 to section 302, ipc. as per statement made by gulzar singh, father of deceased tek singh, occurrence had taken place at 6 p.m. on february 3, 1991 in village gill, which ..... sessions judge, ferozepur, dated august 14, 1996, vide which they have been held guilty for committing an offence punishable under section 302 read with section 34 of the ipc and accordingly sentenced to undergo rigorous imprisonment for life as also to pay fine of rs. 4000/- each or in default of payment of fine, to further undergo r .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-27-1998
Reported in : 1998CriLJ4724
..... cm deep. under lying tissues were cut and underlying blood vessels were cut open. the nature of injuries surely would bring the offence under section 304. part i of the indian penal code. 9. in view of the discussion made above, whereas we set aside the order of the learned sessions judge holding the appellant guilty under section 302 of the ..... learned counsel. we find merit in the contention of the learned counsel to the extent that the appellant could not be convicted in this case under section 302 of the indian penal code but we are of the view that offence committed by the appellant would come under section 304, part i and not under section 302. 8. the pointed facts ..... order of conviction and sentence recorded by sessions judge, ambala dated 13/20-3-1996, by which he has been held guilty of an offence under section 302 of the indian penal code and sentenced to undergo r.i. for life. in so far as gurmit singh co-accused and real brother of the appellant is concerned, he was acquitted by .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-24-1998
Reported in : [2000]99CompCas10(P& H)
..... revision no. 514 of 1998 for the adjudication of the controversy in dispute. 4. a complaint was filed under section 138 of the negotiable instruments act, 1881, by indian arcylics ltd., against rama fibres ltd., and 11 others including the present petitioner shri anil hada, who was the director of the said company and ..... has been discharged, the present petitioner cannot be held vicariously liable. it was further submitted that under the scheme of the provisions of the negotiable instruments act as contained in chapter xvii, notice is also served upon the company. on the contrary, learned counsel appearing on behalf of the respondent submitted that the ..... the statutory period for discharging the obligation expires, the financial liability converts into a criminal liability. the deeming provisions under section 141 of the negotiable instruments act very much make all those persons liable, who were in charge of and were responsible to the company for the conduct of the business of the company .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-15-1998
Reported in : (1999)122PLR766
..... wherein a part of the judgment rendered by full bench of this court in harbans singh's case (supra) re: narrower/wider scope, vis-a-vis unamended and amended section 195 has been approved, it may be mentioned that it is only while dealing with the principle that there was no reason as to why the safeguard should not ..... change or departure from the settled law earlier. it is well settled that the legislature is presumed to know the existing state of law when making a change of amendment in the statute. the statement of objects and reasons and the detailed notes on clauses of the cr.p.c., 1973 give no indication of materially altering or ..... collector, took proceedings against the person under section 476 and made a complaint under sections 193/420/511 ipc to the magistrate. the sessions judge set aside the order on the ground that, the additional district magistrate had no jurisdiction to act under section 476. while allowing the revision, the high court held that 'a complaint is defined in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-14-1998
Reported in : (1998)120PLR402
..... of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.' section 2(s) of the act as amended come up for consideration before a constitution bench of the supreme court in the case of h. r. adyanthaya (supra). after noticing all the earlier judgments, ..... petitions have been filed against the same award dated september 29, 1991 passed by the labour court, u.t., chandigarh. in cwp no. 1011 of 1992, the indian farmers fertiliser co-operative limited (herein after referred to as the management) has challenged the award granting the relief of reinstatement with 50% back wages to sh. j ..... technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-14-1998
Reported in : 1999CriLJ2526
..... singh. on the basis of statement ex. pw 6/a, case fir no. 35 dated 27-5-1992 was registered at police station patti under s. 302/34, ipc and 25/27 of arms act. 2. asi shamir singh pw. 13 held inquest on the dead body which is ex. pw. 5/c. dead body was handed over to hc daljit singh ..... dw. 4. 10. on the conclusion of the trial, shri g. l. chopra, sessions judge, amritsar found the charge proved against balbir singh and accordingly convicted him under s. 302, ipc. he found the charge not proved against kuldip singh. he accordingly gave him the benefit of doubt and acquitted him. he sentenced balbir singh to undergo imprisonment for life and ..... to pay fine of rs. 2,000/-, or in default to undergo further rigorous imprisonment for six months under s. 302, ipc. 11. feeling aggrieved from his conviction and sentence recorded on 20-7-1995 by learned sessions judge, amritsar, balbir singh has come up in appeal to this court, namely criminal .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-11-1998
Reported in : [1998]94CompCas536(P& H)
..... dated may 26, 1998, i direct the admission of c.p. no. 196 of 1997. let notice of admission of this petition be published in the tribune, indian express, jansatta and haryana gazette in accordance with rules. clear 14 days' notice prior to the next date of hearing shall be given in the publication. 16. ..... on diverse submissions. in this case, the supreme court held that the stage of enquiry as contemplated under the provisions of the sick industrial companies (special provisions) act, 1985, begins or is reached when it is registered. further, the registration of the reference is after scrutiny as it is mandatory for the bifr to conduct ..... placed on record as annexure p-12. these very cheques were dishonoured on presentation and the petitioner-company filed proceedings under section 138 of the negotiable instruments act, 1881, which are stated to be pending before the court of competent jurisdiction. as the cheques were dishonoured and no payment was forthcoming from the respondent-company .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-22-1998
Reported in : (1999)IILLJ84P& H; (1998)120PLR212
..... and another v. the life insurance corporation of india and others, (1969-ii-llj-711) (sc) it was said that the labour court is not a court within the indian limitation act, 1963. 21. in view of these pronouncements, it follows that no period of limitation has been prescribed for filing a petition under section 33c(2). thus, the claim of ..... prescribe any period of limitation. the parliament had not made any provision in this behalf in spite of the fact that such a provision had also been prescribed by an amendment of the provisions of section 33c(2). still further, it was also contended that the order passed by the administrator on august 12, 1986 was not binding on ..... of the workmen that section 33c(2) prescribes no period of limitation. the provisos of the payment of wages act can not be read into the industrial disputes act. the parliament had amended the provisions of section 33c(1) in the year 1965 vide act no. 353 of 1964. the fact that a similar provision was not made in clause (2) is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-20-1998
Reported in : (1998)120PLR221
..... to the unit level. the relevant portion of the same reads:-'a scheme for payment of annual bonus linked to productivity under section 31(a) of payment of bonus (amendment) act, 1976 was given to hmt karmik sangh by the management as in annexure. the scheme could either be discussed by company level negotiating body or at the unit level ..... in principle to the introduction of the scheme as referred above for payment of bonus linked with productivity in lieu of bonus under the act as contemplated under section 31(a) of payment of bonus (amendment) act, 1976. further details of the scheme would be discussed by company level negotiating body.2. the amount of bonus payable to the employees ..... have been dealt with separately. in other words, there is no bifurcation that had been effected. it becomes unnecessary to ponder further because the supreme court in the case of indian oxygen ltd. etc. v. their workmen etc., a.i.r. 1972 s.c. 471 dealt with this question. it is true that in the cited case the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-05-1998
Reported in : 1998CriLJ3787
..... in view the provisions of section 156(1) of the code which empowers the police to investigate into a cognizable 'case' and the rules framed under the indian police act, 1861(i) police is duty bound to formally register a case and then investigate into the same ............' 14. from a plain perusal of the complaint (annexure ..... information report in connection with complaint (annexure p-8) and also to conclude the enquiry and prosecute the complainant and his witnesses under section 182 of the indian panel code. 15. the statements of mohinder singh and pratap singh, alleged accused persons, recorded during this enquiry, are not placed on record, but ..... evidence, sub-inspector rajinder kumar, came to the conclusion that a false report was lodged with the police, therefore, the complaint under section 182 of the indian panel code was lodged. 9. petitioner's learned counsel vehemently argued that without registering the first information report, despite the fact that report of cognizable offence .....
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