Court : Punjab and Haryana
Decided on : Feb-06-1998
Reported in : AIR1998P& H168; (1998)118PLR514
..... court in a suit or proceedings and to have complete adjudication is clear from the introduction of rule 10-a in order 1 of the code vide civil procedure code amendment act, 1976. 13. in order to further the cause of this procedural legislation and to achieve the ends of justice it would be appropriate to liberally construe these ..... the court thinks fit, on the original defendant. (5) subject to the provisions of the 'indian limitation act, 1877 (15 of 1877), section 22, the ..... of a plaintiff under any disability without his consent. (4) where defendant added, plaint to be amended:-- where a defendant is added, the plaint shall, unless the court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-29-1998
Reported in : 1998CriLJ3127
..... after they had taken him into confidence. after investigation, rup lal, surinder kaur, malkiat chand and sadh baba lal singh were challaned under section 364/302/120-b/34, ipc. case was committed to the court of session by judicial magistrate first class, nakodar vide order dated 27-7-93. 3. vide order dated 28-8-93, additional sessions ..... to be a weak type of evidence. extra-judicial confession can be taken along with other pieces of evidence. if other piece of evidence are reliable and can be safely acted upon, extra-judicial confession might provide fillip to that evidence. 18. in this case, thus, there is no chain so far as circumstances are concerned. each of the ..... 1243) and prem thakur v. state of punjab, air 1983 sc 61 : (1983 cri lj 155) is as follows :- 'it is well settled that before a court can act on circumstantial evidence the circumstances proved must be complete and of a conclusive nature so as to be fully inconsistent with the innocence of the accused and are not explainable .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-28-1998
Reported in : 1998CriLJ2239
..... rahul colony, nit, faridabad, have been held guilty of intentionally causing death of hari singh. they have, thus, been held guilty under section 302 read with section 34 of the indian penal code and sentenced to undergo imprisonment for life as also to pay fine of rs. 500/-, or in default of payment of fine, to further undergo imprisonment for six ..... his medico legal examination was also not got done. her statement was recorded on march 10, 1993 when the spot was inspected. she admitted that one case under the arms act was registered against hari singh. she, however, denied the suggestion that the accused had not quarrelled with the deceased nor gave him any injuries and that due to inter-caste .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-23-1998
Reported in : [1999]237ITR640(P& H)
..... sub-clauses. an expenditure will qualify for the weighted deduction if it is incurred on activities exercised outside india for the development of export markets for indian goods. the provision in s. 35b is not intended to cover expenditure which the assessee incurs on activities inside india for his export business where those ..... back to the tribunal for looking into the nature of expenditure and thereafter giving a finding whether this expenditure did qualify for deduction under s. 35b of the act. vi. subscription to foreign magazines : 14. in the asst. yr. 1978-79, deduction on expenditure on 'subscription for various magazines and publications and on advertisements ..... air freight for sending samples. in addition, costs of samples and printing of foreign catalogue were also allowed for deduction under s. 35b of the act. when deductions have already been allowed specifically on foreign travelling and on the cost of samples as well as the freight incurred on sending samples outside india .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-23-1998
Reported in : 1998CriLJ1837
..... business premises of the petitioner-manjit singh dhillon were searched by the officers of the enforcement directorate, jalandhar, under section 37 of fera, 1973, and indian currency amounting to rs. 70,500/- and certain documents were allegedly seized from the residential premises. it is further alleged that the personal search of saudagar ..... by the joint secretary i.e. detaining authority; (vi) further, the petitioners made a representation to the central government under section 11 of the cofeposa act addressed to secretary, government of india, ministry of finance, which has been considered by the joint secretary (cofeposa). the representation was not addressed to the joint ..... sunday). thus, there is no delay in consideration of the detainee's representation by the central government or the detaining authority. the detaining authority has acted promptly and diligently in issuing the detention order. 16. the search warrant was shown to the wife of the petitioner at the time of search and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-21-1998
Reported in : [1999]97CompCas80(P& H); (1998)118PLR520
..... . consequently, while allowing these petitions, the petitioners banks/financial institutions are granted leave under the provisions of section 446(i) of the companies act to prosecute their petitions before the debt recovery tribunal in accordance with law. however, any execution of the decree/recovery certificate so issued in ..... can be concluded expeditiously without offending any provisions of the companies act. no statute can be understood to have the effect of throttling the proceedings which spring from another legislation and legislations must be permitted to ..... by mortgage and hypothecation deeds executed in their favour. such security is obviously subject to the statutory charge under section 529a of the companies act. the contesting respondents have not filed any reply to oppose these applications in spite of various opportunities. the proceedings before the debt recovery tribunal .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-16-1998
Reported in : (1998)118PLR602
..... lease of the petitioner has remained alive on account of interim orders passed by the concerned authorities and this court. during these twenty years a number of amendments have taken place and some minor violations of the building rules have been ordered to be compounded. therefore, it is a fit case in which one opportunity ..... . in view of this decision we do not find any justifiable ground to interfere with the exercise of the powers by the concerned authorities under the act of 1952. however, we cannot also ignore the fact that the proceedings initiated against the petitioner remained pending for a period of almost one decade and the ..... .l.r. 250 (s.c.), their lordships of the supreme court upheld the constitutional validity of section 8-a of the capital of punjab (development & regulation) act, 1952 and also the action initiated by the administration of chandigarh for cancellation of the lease etc. on account of violation of the conditions of allotment and building regulations .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-14-1998
Reported in : (1998)118PLR784
..... the owner, no other particulars of the mortgage were mentioned; it was held that it did not amount to acknowledgment within the meaning of section 19 of the indian limitation act, 1908. the facts of this case are also distinguishable inasmuch as all the requirements regarding a valid acknowledgment were not fulfilled. 9. in smt. bachint kaur ..... land as mortgagee thereof. similar averments were found in a plaint, a sale deed and a deed of sub-mortgage. after examining section 19(1) of the indian limitation act, 1908, it was held that the said section required -(i) an admission or acknowledgment, (ii) that such acknowledgment must be in respect of a liability, ..... 1/2 of the land made through sardara singh constitutes a valid acknowledgment of the mortgage thereby extending the period of limitation under section 18 of the limitation act, 1963. section 18(1) reads as under :-'effect of acknowledgment in writing:-(1) where, before the expiration of the prescribed period for a suit or application .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-12-1998
Reported in : II(1998)DMC33
..... and reiterating the averments made in his petition .6. during the pendency of this divorce petition, husband filed an application under order 6, rule 17, civil procedure code for amending his divorce petition which was allowed vide order dated 4.12.1995. thus, he deleted the averments made earlier in his divorce petition about his wife having illicit ..... the ground of cruelty and desertion which was declined by the matrimonial court. husband filed three divorce petitions and two petitions under section 9 of the hindu marriage act, but failed in all such petitions. he levelled allegations against the wife that by filing a petition under section 125, code of criminal procedure, as well ..... judge, chandigarh dismissed the divorce petition on 2.2.1991 .3. on 10.10.1991 the appellant-husband filed another divorce petition under section 13 of the act on the ground of desertion. in this petition, he alleged that after marriage for 20 days respondent-wife lived with him in his house at chandigarh. as .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-08-1998
Reported in : (1998)118PLR791
..... the jurisdiction of the labour court, industrial tribunal or the national tribunal to interfere with the findings of guilt and the quantum of punishment awarded by the management in indian iron and steel co. ltd. v. their workmen, (1958-i-llj-260). the supreme court discussed the nature of jurisdiction exercised by the industrial tribunal while ..... 11-a was added. the statement of objects and reasons set out in the bill introducing section 11-a of the industrial disputes act read as under : 'in indian iron and steel company ltd. v. their workmen, (1958-i-llj-260), the supreme court while considering the tribunal's power to interfere with the management' ..... s decision to dismiss, discharge or terminate the service of a workman, has observed that in case of dismissal on misconduct, the tribunal does not act as a court .....
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