Court : Punjab and Haryana
Decided on : May-19-2014
..... merely arranges modvatable document to the manufacturer without actual delivery of goods, penalty could not be imposed under rule 209a. rule 26(2) of central excise rules, 2002 prior to amendment on 1.3.2007 is akin to rule 209a. therefore, the decision of the hon'ble high court will apply to the facts of the present case. . 9. ..... of the goods also attract penal provisions. prior to that, there is no provision for imposing penalty for merely dealing with the invoices. this may attract penal action under other acts. the hon'ble high court in the case of cce chandigarh vs. ashish gupta considered the following question of law: 'i) when it has been proved in the ..... an assessee was held liable for penalty where invoices were issued without any movement of goods, was inserted by notification dated 1.3.2007 which was not applicable to alleged acts committed prior to the said date. further, in view of the findings recorded by commissioner (appeals) to the effect that singh gurbax 2014.06.13 10:53 i .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-10-2014
..... sub judge, jalandhar. in view thereof, it was held that since the objections were not filed within 30 days, as envisaged under clause (b) of article 119 of the indian limitation act, 1963, therefore, the same were dismissed on both the accounts. aggrieved against the order of the trial court dated 18.03.1996, the petitioners filed two appeals because there were ..... .07.16 12:58 i attest to the accuracy and integrity of this document chandigarh cr no.5042 of 2003 (o&m) [ 12 ].***** the filing of the award. . (the amendment of art. 158 whereby the period of limitation was increased from ten days to thirty days was made after this case).i do not agree with the learned counsel that ..... he is primarily concerned with the award on items no.6, 9 and 16, which are reproduced as under:- sr.no.claim in brief amount of award in rupees claim/amended claim in rupees damages suffered on account of delay in issue of stores under sch. 80,000 6 `b', delay in giving decisions, 81320 transfer of work from ge/age .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-18-2014
..... mr.j.s.puri, additional advocate general, punjab. augustine george masih, j. petitioner has challenged the amendment carried out by the state of punjab in the indian stamp act, 1899 in the indian stamp (punjab amendment) act, 2005 (hereinafter referred to as 'amendment act, 2005') notified on 16.05.2005 by which section 3-c was inserted after section 3-b in ..... sangrur to the petitioner- company to appear before him on 15.04.2010 at 10 a.m.this notice was issued under section 47-a of the indian stamp (punjab amendment) act, 1982. it was admittedly received by the petitioner. the period of limitation, as prescribed under sub-section (3) of section 47-a of two ..... at this stage, that the petitioner has approached this court challenging these two orders as well as the vires of the indian stamp (punjab amendment) act, 2005. counsel for the petitioner has asserted that the amendment act of the state of punjab to the extent it applies to the property falling within the municipal limits is not disputed .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-17-2014
..... settled that statutes should not be construed so as to create new disability or obligations or impose new duties in respect of transactions which were complete at the time the amending act came into force. (see mani gopal mitra v. the state of bihar (1969) 2 scr411 .20. another aspect which is to be kept in mind by ..... 25 i attest to the accuracy and integrity of this document punjab and haryana high court, chandigarh cwp no.23288 of 2013 -2- **** indian medicine central council (imcc) act, 1970 (hereinafter referred to as the act .). the policy decision dated 11.6.2013 (annexure p/4) which provides for the calculation of opd patients from 1.1.2012 to ..... the total requirement from 1.1.2012 to 31.12.2013 was 30,000 patients in the opd. new norms were notified on 18.7.2012 which were called the indian medicine central council (minimum standard requirement of ayurvedic colleges and teaching hospital) regulations, 2012 (hereinafter referred to as 201. regulations .). as per regulation 7(2) of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-04-2014
..... to the petitioners.they are facing trial in the aforementioned criminal complaint filed by the respondent under sections 138/142 read with section 141 of the negotiable instruments act and sections 420/422/34 ipc. in the said complaint, the statements of the petitioners were recorded by the judicial magistrate 1st class, faridabad under section 263(g) crl. misc.no.m-7869 ..... be a print out of the statement recorded in another complaint. the petitioners immediately moved an application under section 263(g) read with section 362 cr.p.c.for correcting/amending the statement of petitioners no.3 and 4. the complainant filed its reply. vide order dated 13.12.2013, the magistrate dismissed the application of the petitioners by holding that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-05-2014
..... to the petitioners.they are facing trial in the aforementioned criminal complaint filed by the respondent under sections 138/142 read with section 141 of the negotiable instruments act and sections 420/422/34 ipc. in the said complaint, the statements of the petitioners were recorded by the judicial magistrate 1st class, faridabad under section 263(g) crl. misc.no.m-7894 ..... be a print out of the statement recorded in another complaint. the petitioners immediately moved an application under section 263(g) read with section 362 cr.p.c.for correcting/amending the statement of petitioners no.3 and 4. the complainant filed its reply. vide order dated 13.12.2013, the magistrate dismissed the application of the petitioners by holding that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-29-2014
..... (criminal) 1052, this petition is accepted and fir no.11, dated 24.1.2003, for the offences punishable under sections 51, 52, 63, 65 and 68 of the copyright act, 1957 (as amended upto date), registered at police station, city, malerkotla, district sangrur, and the consequential proceedings arising therefrom are hereby quashed. (naresh kumar sanghi) april 29, 2014 judge pkapoor kapoor prashant ..... , cr.p.c., is for quashing of fir no.11, dated 24.1.2003, for the offences punishable under sections 51, 52, 63, 65 and 68 of the copyright act, 1957 (as amended upto date), registered at police station, city, malerkotla, district sangrur, and all the consequential proceedings arising therefrom, on the basis of the compromise dated 7.2.2013 (annexure p .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-16-2014
..... dated 18.06.2004 had promoted the petitioner against a reserved point meant for a person from the physically handicapped category. however, when subsequently the oa was amended, the department in its reply dated 25.10.2005, pleaded, inter alia, that reservation in promotion for persons from the physically handicapped category was introduced w ..... the departments/boards/corporation of the chandigarh administration, expressed his concern that due reservation to the persons with disability as provided under section 33 of the 1995 act, was not being adhered to. a reference was made to the instructions issued by the government of india dated 04.07.1997 to reiterate the methodology ..... 12.01.2006 is palpably erroneous and preposterous. before we proceed, we deem it expedient to refer to the provisions of section 33 of the 1995 act, which provides that the government shall appoint in every establishment such percentage of vacancies not less than 3% for persons or class of persons with disability of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-2014
..... the legislature has not been amended by the amendment act. if it had been the intention of the legislature, it would have stated so specifically. i am, therefore, unable to hold that sub rule (3) to rule ..... 4 as framed by this court stands repealed after the amendment act."in view of this amendment, the main plank of challenge laid by the learned counsel against the decree that the same is unenforceable on the petitioner and his siblings being a decree passed ..... 3015 of 2014 (o&m) -6- code, stands repealed. but if a rule or sub-rule in schedule 1 of the code was amended or substituted by a high court before the amendment act, the amended or substitutedd rule does not stand automatically repealed by virtue of section 97(1) for the reason that original rule or sub-rule as framed by .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-2014
..... court and affirmed by the first appellate court.69. the scope of interference by the high court in second appeal under section 100 civil procedure code after 1976 amendment is strictly confined to cases involving substantial questions of law. the high court would not be justified in dealing with any second appeal without first ..... of law and then only the high court is permitted to proceed with the case to decide those questions of law. the language used in the amended section specifically incorporates the words as "substantial question of law" which is indicative of the legislative intention. it must be clearly understood that the legislative ..... the defendant-municipal council. so far as the possession was concerned, an ejectment petition having been instituted by the municipal council under the punjab public premises act, qua the suit property against smt. shanti devi, an ejectment order exh.d5 was passed which clinches the issue regarding possession against the plaintiff-appellant. .....
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