Court : Punjab and Haryana
Decided on : May-04-1998
Reported in : 1998CriLJ3694
..... passed by shri m. s. garg, sessions judge, ambala vide which he has been held guilty under section 304b of the indian penal code and sentenced to undergo r.i. for life as also under section 498a of the indian penal code and sentenced to undergo r.i. for two years and to pay a fine of rs. 1,000/- or in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-30-1998
Reported in : 1999CriLJ2356
..... bharti lal. the nature of injury described by the doctor is such that appellant tirthi lal has to be held guilty and convicted under s. 304, part i of the indian penal code. initially, even though, learned counsel for the appellants argued that the nature of offence would not go beyond s. 304, part ii, but when confronted with ..... order of conviction and sentence recorded by the addl. sessions judge, gurdaspur, dated january 19, 1996, vide which, whereas, tirthi lal has been held guilty under s. 302, ipc and sentenced to undergo rigorous imprisonment for life and to pay a fine of rs. 2000/- or in default of payment of fine, to further undergo r.i. for two ..... simply objecting to removal of the projection. the exchange of hot words had last 2 to 4 minutes. exception (4) to s. 300, ipc can be invoked if four requirements are satisfied, namely, it was a sudden fight, (ii) there was no premeditation, (iii) act was done in a heat of passion and (iv) accused had not taken undue advantage or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-28-1998
Reported in : AIR1999P& H124; (1998)120PLR229
..... result of all these, there was acute shortage of accommodation which caused hardship to the rich and the poor alike. in the light of this experience, the amending act of 1988 was passed. the hon'ble supreme court observed that it is for the legislature to decide which class of persons should be given protection and on ..... of rs. 3500/- per month and has decided not to extend this statutory protection to the premises constructed on or after the date of coming into operation of the amending act for a period of ten years. the classification has been made on the basis of the rent payable on the premises. in (1995) 1 scc 104 : ..... as yet not satisfying the requirements of municipality as contemplated under section 3 (9) of the punjab municipal act. consequent to 74th constitution amendment the punjab municipal act, 1911 was amended by punjab act no. 11 of 1994. consequent to such amendment notified area of mohali was classified as smaller urban area and a class-i municipal council was constituted .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-18-1998
Reported in : 1998CriLJ3203
..... that even after the proceedings under ss. 107/151, cr.p.c. he was attacked and a case has also been registered under s. 325 read with s. 34, ipc and, therefore, the proceedings under s. 145, cr.p.c. could be initiated. but the second respondent has approached the civil court and has obtained an order directing the ..... (1994 cri lj 1436) in support of this contention, wherein it was held that when ownership is not disputed and there is no partition, one cannot be permitted to act forcibly and unlawfully and that where the dispute is not on the right to possession, but on the question of possession, the magistrate is competent to take cognizance under s ..... the other hand, contends that this is not a case where the right of the second respondent as a tenant is disputed and, therefore, the petitioner cannot be permitted to act forcibly and unlawfully. he further contends that the question is as to the possession only and not to the right to possession and, therefore, proceedings under s. 145, cr .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-17-1998
Reported in : (1998)119PLR375
..... started decreasing for various reasons. the president rule had continued upto april, 1592' it was during the president rule that a notice under section 4 of the land acquisition (amended) act, 1894 was issued and in march, 1992, under section 6, this land was acquired for the purpose of setting up industries at focal point, phase-viii, dhandari kalan ..... plots above the size of 2500 sq. yds. were reserved for allotment under 'off the shelf scheme' and 5 per cent were reserved for allotment to non-resident indians and 100 per cent export oriental units. 60 per cent plots above the size of 2500 sq. yards and 90 per cent of other plots were meant for ..... stage when the conditions in punjab were still abnormal. danger of militancy persisted. during his regime also, militancy continued. the notification under section 6 of the land acquisition act which was issued on 18th march, 1992 would have lapsed on 17th march, 1994 if the award had not been pronounced. the whole scheme was that the notification .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-17-1998
Reported in : 1999CriLJ98
..... claim or title are not in dispute and the parties on their own showing are co-owners and there is no partition one cannot permitted to act forcibly and unlawfully and ask the other to act in accordance with law. where the dispute is not on the right to possession but on the question of possession the magistrate is empowered to take .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-12-1998
Reported in : AIR1998P& H140; (1998)119PLR393
..... , 1993 pun lj 736: (air 1994 punj & har 47) has taken a similar view following the aforesaid judgments of the apex court.9. after the constitution was amended by the constitution (seventy third) amendment act, 1992 w.e.f. 24-4-1993 when part ix relating to the panchayats was introduced, the punjab gram panchayat ..... act, 1952 which was applicable to the state of haryana was repealed and the act came into force w.e.f. 22-4-1994. in the repealed act it was provided in section 13-o ..... conduct of the election process right from its very beginning up to its final culmination with the declaration of the election results. mere fact that neither under the act nor under the rules framed by the state legislature any remedy has been provided against illegal rejection or illegal acceptance of nomination papers or illegalities or irregularities committed .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-06-1998
Reported in : (1998)119PLR250
..... tantamount to admission binding the tenant and so as to hold that the said ground of eviction is established. the supreme court while referring to section 18 of the indian evidence act held as under :-'........section 18 postulates that statements made by a party to the proceeding, or by an agent to any such party. whom the court regards, ..... this case. we think in the circumstances, we should agree with sri sanghi that the concurrent findings as to exclusive possession of m/s. kwality ice cream was not amendable to reversal in revisional. contentions (a) and (b) in our opinion are well taken and would require to be held in appellants favour.8. the same question was ..... the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.13. a perusal of section 15 of the indian evidence act leaves no doubt that this was an admission made by mohd. shakil and could be read against him. it could not be read against the petitioner. otherwise also, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-06-1998
Reported in : 1998CriLJ4788
..... petitioner no. 1/sham singh could not be summoned under section 494, ipc. they could be summoned only under section 109, ipc, which provides for punishment for abetment to commit a crime. section 109, ipc reads as under :- '109. punishment of abetment if the act is committed in consequence and where no express provision is made for its ..... punishment - whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision ..... placed before him while recording the finding that there were sufficient grounds to proceed against all the accused to summon them for the offences under section 494, ipc. the complaint and the summoning order would result in the abuse of process of the court. besides this, it may be mentioned that the respondent-wife .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-04-1998
Reported in : 1998CriLJ3090
..... stop further investigation and discharge the accused if the investigation could not be completed within six months. by the cr.p.c. amendment act, 1978 (a) to sub-section (2) of section 167 has been further amended and the magistrate is empowered to authorise the detention of accused in custody during investigation for an aggregate period of 90 days ..... procedure for can-cellation of bail granted to accused respondent sukhminder singh in a murder case (f.i.r. no. 81 dated 2-10-1996 under section 302, ipc, police station longowal, district sangrur). 2. the brief facts of the case are that accused-respondent was arrested in this case on 18-10-1996. after investigation challan ..... and the application filed during default period is pending for disposal, same is required to be decided like a regular bail application, be it under code or any other act, if it provides for bail like code.' 15. thus it is apparent that the apex court has laid down that once the challan is presented 'indefeasible right' .....
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