Court : Punjab and Haryana
Decided on : Feb-05-2014
..... no.879 of 2014 4 between high courts whether a specific claim in the plaint is necessary to grant the compensation. in england lord cairn's (chancery amendment) act, 1858 sought to confer jurisdiction upon the equity courts to award damages in substitution or in addition to specific performance. this became necessary in view of ..... as unnecessary.].(4) in determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the indian contract act, 1872, 9 of 1872. (5) no compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint: provided that where ..... for breach of contract in which case section 73 of the contract act is invoked. this amendment is under the discipline of rule 17 order 6, c.p.c.the fact that sub-section (4).in turn, invokes section 73 of the indian contract act for the principles of quantification and assessment of compensation does not obliterate .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-04-2014
..... and ceremonies. from the above facts, petitioner no.2 prima facie seems to have commit the offence of rape as defined in section 375 of the indian penal code (ipc) as amended by criminal law (amendment) act, 2013 w.e.f.3.2.2013. the amended definition of rape says that a man is stated to commit rape if he commits the ..... acts as stated in sub-clauses (a) to (d) of section 375 ipc, under the circumstances, falling any of the following descriptions:- sixthly: with or without consent of ..... document crm-m-12243-2013 -5- superintendent of police, gurdaspur to register fir against petitioner no.2-bhushan kumar for offence under sections 366-a and 376 ipc and investigate the matter by entrusting investigation to an officer not below the rank of deputy superintendent of police. the investigation shall be completed within two months from .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-25-2014
..... to make a mere agreement to do an illegal act or an act which is not illegal by illegal means punishable under law. . xxx xxx xxx 89. ..... the commission of a number of acts. . 86. under section 43 ipc, an act would be illegal if it is an offence or if it is prohibited by law. sections 120-a and 120-b were brought on the statute book by way of amendment to ipc in 1913. the statement of objects and reasons to the amending act reveals that the underlying purpose was ..... in the statement of objects and reasons to the amendment bill, it was explicitly stated that the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-05-2014
..... the report under section 173 cr.p.c. came to be filed, making out offences against vipan kumar punishable under sections 366,366a, 306 and 309 ipc and section 3 of the sc&st act, (on account of the fact that the deceased belonged to a dalit family).5. not satisfied with the investigation, since by that time the complainant ..... offence for which the accused had still not been charged, would be a matter that would be determined by the trial court and when appropriate materials are brought for amending the chargesheet before the trial court ., the same would be considered by that court. with this observation, that writ petition was disposed of.10. the application of ..... of 2009, which specifically stated that the trial court would take up the matter with regard to framing of additional charges when appropriate materials . are brought for amending the charges before that court. as such, his contention is that with the material before the trial court, if it felt that no charge under section 302 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-14-2014
..... with a woman below sixteen years of age or such other offence as the state government may, by notification, specify; section 5-a as inserted by the amended act says that notwithstanding anything contained in sections 3 and 4, a hardcore prisoner shall not be released on temporary basis or on furlough: provided that a hardcore ..... crwp no.2149 of 2013 (o&m) -2- good conduct prisoners (temporary release) amended act, 2012. sub-section (i) of section 2 of the haryana good conduct prisoners (temporary release) amendment act, 2012 says as under:- 2. in the haryana good conduct prisoners (temporary release) act, 1988 in section, after clause (a) the following clause shall be inserted namely:- ..... repair by setting aside the order dated 12.11.2013 passed by respondent no.2. the petitioner was convicted of the charge under section 376(2)(g) ipc alongwith other offences. as per prosecution case, the prosecutrix was below 16 years of age. learned state counsel has filed the reply which is taken on record .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-07-2014
..... singh s case (supra), referred to by the commissioner pertains to jumla mustrka malkan land, which came to be vested in panchayat consequent to the amendment in the act by haryana act no.9 of 1992. the issue raised and decided in the aforesaid case has nothing in common with the issue arising in the present case. ..... longer depended upon entries in the "sharat waji-ul-arz". the right to use "shamilat deh" was henceforth governed by the 1953 act, as affirmed and amended by the 1961 act. the authorities under the 1961 act have rightly held that as land, in dispute, was, "charand", the petitioners have no right, title or interest therein. the ..... concurrent findings of fact recorded by authorities under the 1961 act, do not suffer from any error of jurisdiction or of law, as would require interference .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-30-2014
..... term sheet. furthermore, pvr pictures case did not deal with creation of rights over immoveable property as in the present case. the provisions of section 202 of the indian contract act have not been taken into consideration in the pvr case. section 202 is reproduced herein below for ready reference: 202. termination of agency, where agent has an ..... prevail and dominate future consents to which both the parties were alive in the very beginning. he submits that there could well be change of government policy, making and amendments to and of rules, regulations, by-laws, declarations and restrictions of controlled areas, loss of interest in future buyers of properties developed for the project, the nature ..... tamil nadu - (1986) 3 sc385 this court held: "we must also observe here that whatever justification there may have been in 1973 when section 30(ii) was amended by imposing a ceiling of rs. 400 on rent payable by tenants of residential buildings to entitle them to seek the protection of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-10-2014
..... )where (i) where an agreement or a settlement has been entered into by the employees with their employer before the commencement of the payment of bonus (amendment) act, 1976 (23 of 1976).or (ii)where (ii)where the employees enter into any agreement or settlement with their employer after such commencement, for payment of ..... by the said amending act, which also amended the recital to the said act. section 31a reads as under:- 31a. special provision with respect to payment of bonus ..... that the ceiling limit was increased from ` 2,500/- to ` 3,500/-, as per amending act no.45 of 2007. the said act also introduced the concept of bonus civil writ petition no.13491 of 2009 5 linked with production or productivity by amending act no.23 of 1976. thus, a concept of bonus based originally on profit alone was expanded .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-31-2014
..... by 30th april of the relevant year and the test was to be held in the month of may. it was noticed that appendix e of the graduate medical education (amendment) regulation act, 2004, provided that the entrance test has to be held in the month of may and the declaration of the result has to be made by the 5th of ..... had to be finally approved by the state government and they were to be published in the official gazette of the university and under sub- clause (8), could not be amended without the approval of the state government. similarly, the university policy of 2010 was referred to show that under clause 5.2, the university was to seek formal approval from ..... had made wild allegations against it. the admission had been made in a fair and transparent manner and on the basis of merit and it was acting according to the provisions of the indian medical council act, 1956. it was denied that there was any violation of the orders of this court dated 01.05.2014 and that the said judgment had not .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-04-2014
..... were prejudicially affected when ist date of specific performance of contract ex. p1 came to existence, but other party did not turn up. this is what article 54 of indian limitation act says. similarly law was laid down by hon'ble high court in case bhagwan singh versus teja singh (supra) to the effect that period of limitation of 3 years ..... are deposing with respect to the agreement dated 30.5.1992 and later on vide order dated 19.7.2007 the amendment was sought that the agreement dated 30.5.92 be substituted as 30.5.1990 but after amendment no fresh evidence was given and as such contradictory evidence is there as vide order dated 19.4.2007 permission for ..... for agreement dated 30.5.1992 whereas no agreement dated 30.5.1992 could be proved and similarly after seeking amendment neither the existence of agreement dated 30.5.1992 nor the agreement dated 30.5.1990 introduced by way of amendment, could be proved. the defendants no.l to 3, are from one and the same family and according to .....
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