Court : Punjab and Haryana
CWP No.8291 of 1994. 1 HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH. *** CWP No.8291 of 1994. Date of decision: September, 2013. *** M/S Nu-Tech Solvex ...Petitioner Vs. State of Haryana and others. ...Respondents *** CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE DR. BHARAT BHUSHAN PARSOON. *** 1. Whether the Judgment be reported?.2. Whether the judgment be shown to the reporter.3. Whether a copy of the judgment be given to the reporter. Present: Shri Rajiv Agnihotri, Advocate, for the petitioner. Shri Rajiv Kwatra, Sr. D.A.G. Haryana, for the Respondents. *** DR. BHARAT BHUSHAN PARSOON, J1 By way of this petition, writ in the nature of certiorari is sought by the petitioner for setting aside order dated 28.4.1994 (Annexure P-7) vide which appeal of the petitioner was dismissed and consequently benefit of sales tax exemption under the provisions of the Haryana General Sales Tax Rules, 1975 (hereinafter to be referred to as the Rules.) was denied to the petitioner. CWP No....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)150PLR439
Hemant Gupta, J.1. The petitioner is a former Judge of this Court, now represented by his wife andhter. The challenge in the present writ petition is to declare the proviso to Para 2 (b) of Part III of the First Schedule of the High Court Judges (Conditions of Service Act), 1954 (hereinafter to be referred as 'the Act') which fixes the maximum limit of pension of a retired Judge of a High Court, as ultra vires Articles 14 and 16 of the Constitution of India being arbitrary and discriminatory. 2. The petitioner joined Punjab Civil Services (Judicial) on 25.4.1951. He was promoted as Additional District Judge on 12.11.1969 and elevated as a Judge of this Court on 2.2.1983. The petitioner attained the age of superannuation on 15.10.1987. 3. The case of the petitioner is that Para 2 (b) of Part III of First Schedule of the Act provides for special additional pension of Rs. 1600/-per annum in respect of each completed year of service for pension but maximum limit is Rs. 8000/-per annum. Apa...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)138PLR126
Hemant Gupta, J.1. The plaintiff is in revision petition against the order passed by the learned trial Court whereby the defendant-respondent was permitted to amend the written statement filed by his mother Mukhtiar Kaur.2. The plaintiff-petitioner filed a suit for declaration to the effect that he is the owner in possession of l/3rd share of suit land against his mother. Smt. Mukhtiar Kaur filed written statement admitting the claim of the plaintiff but before the Court could pass a decree on the basis of such admission, Smt. Mukhtiar Kaur died. The respondent herein is his son impleaded as her legal representative who filed an application under Order 6 Rule 17 of the Code of Civil Procedure for withdrawing the admission written statement filed on behalf of Mukhtiar Kaur alleging therein that the plaintiff has manipulated admission of defendant fraudulently and against the interest of Mukhtiar Kaur. It was also alleged that Mukhtiar Kaur could not make this admission and such admissio...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2000CriLJ2496
1. This appeal and the connected Criminal Appeal No. 78-SB of 1988 'Balwan v. State of Haryana' arise out of same judgment of the learned trial Court and common questions of fact and law are involved therein. So, this order will dispose of both these appeals. 2. For an occurrence which took place on the night intervening 8/9-6-1987 in village Gari Sampla, the appellants in the two appeals along with their co-accused Balwan and Barketu were sent up to face their trial for offences punishable under sections 302/324/323 read with Section 34 of the Indian Penal Code. The learned Additional Sessions Judge, Rohtak vide his judgment dated 8-1-1988 acquitted Barketu and Rattan but convicted Balraj for an offence punishable under section 304, Part II and Section 324 read with Section 34 of the Indian Penal and Balwan under section 324 of the Indian Penal Code. Vide separate order dated 11-1-1988, Balraj-appellant was sentenced to undergo three years' rigorous imprisonment and was ordered to pay...
Tag this Judgment!Court : Punjab and Haryana
Surya Kant, J. This order of ours shall dispose of CWP Nos. 17771 of 2003; 14179 of 2010; 18160 of 2011 as the issues involved therein are either interlinked or inter-dependent. Before extracting the facts in extenso from CWP No. 17771 of 2003, it being the oldest, we deem it appropriate to tersely refer to some of the orders passed by different Division Benches, resulting into placement of these cases before a larger Bench even in the absence of a formal reference order. CWP No. 17771 of 2003 2. Sehajdhari Sikh Federation - a registered Political Party has preferred this writ petition statedly in public interest, seeking quashing of the Notification dated 8th October, 2003 issued by the Central Government purportedly in exercise of its powers under Section 72 of the Punjab Re- organization Act, 1966 (in short, `the 1966 Act') whereby Sections 49 and 92 of the Sikh Gurdwara Act, 1925 (in short, `the 1925 Act') have been `amended' to the extent of denying the Sehajdhari Sikhs their righ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2010)228CTR(P& H)189
M.M. Kumar, J.1. This order shall dispose of W.T.A. Nos. 12, 13 and 14, filed by the assessee-appellant under Section 27A of the Wealth Tax Act, 1957 (for brevity, 'the Act') challenging common order dated 16.6.2008 passed by the Income Tax Appellate Tribunal, Chandigarh Bench-A, Chandigarh (for brevity, 'the Tribunal'). The Tribunal has rejected the appeals of the assessee-appellant, bearing W.T.A. Nos. 39/Chandi/1999, 49/Chandi/1998 and 40/Chandi/1999 in respect of Assessment Years 1993-94, 1994-95 and 1995-96 respectively. Since common questions of law and facts are involved, therefore, these appeals have been clubbed together.FACTS:2. Amrit Lal Jindal & Sons-assessee-appellant was an HUF. The HUF owned 106 Kanals and 15 Marlas of agricultural land at Sangrur. On 15.7.1992, the Improvement Trust, Sangrur, passed a resolution to acquire 78 Kanals and 1 Marla of land out of aforesaid total land owned by HUF under the provisions of Sections 24 and 28 of the Punjab Town Improvement Trus...
Tag this Judgment!Court : Punjab and Haryana
Permod Kohli, J.I. General1. District Judiciary is the foundation of the judicial system upon which the whole edifice of the judicial institutions stands. Judiciary is the bulwark of the democratic system in India and reckons indubitably as the most potent institution in the triad, the executive and legislative being the other two pillars under the constitutional scheme. The selection/appointment to the Subordinate Judiciary thus assumes a great significance in the administration of justice. The administration of justice in turn depends upon the fairness of the appointments of the meritorious candidates necessary to keep and strengthen the faith in the judicial system. No doubt the appointments to any service should be fair and on merits and this is particularly so in case of judicial appointments. The reverence reposed in the judicial system makes it imperative that judicial appointments obtain a close scrutiny to dispel even the remotest apprehension in the minds of consumers of just...
Tag this Judgment!Court : Punjab and Haryana
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Letters Patent Appeal No.1007 of 2013 (O&M Reserved on :27. 08.2013 Date of Decision:26. 09.2013 Justice Shanti Sarup Dewan, Chief Justice (Retired) and another Appellants Versus Union Territory, Chandigarh and others ..Respondents CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE. HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH1 Whether Reporters of local papers may be allowed to see the judgment?.2. Whether to be referred to the Reporters or not ?.3. Whether the judgment should be reported in the Digest?. Present : Mr. Puneet Bali, Senior Advocate with Ms. Priyanka Ahuja, Advocate, for the appellants. Mr. J.S.Toor, Advocate for Union Territory, Chandigarh. Mr. Suvir Dewan, respondent No.7 in person and Mr. Sudeep Mahajan, Advocate with him. **** SANJAY KISHAN KAUL The filial affections of a father have cost him dearly in the twilight years of his life! 2. The appellant No.1 aged about 85 years is a retired Chief Justice of thi...
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