Court : Punjab and Haryana
Decided on : Aug-05-2014
..... service and the service rendered as daily wager is perfectly unknown or stranger with the voluntary retirement scheme extended under the circular dated 10.03.2000 and as amended subsequently. the determination of ex-gratia by bifurcation of the service, therefore, is illegal. accordingly, the petition for writ is allowed and the petitioner is declared ..... section 100 of code of civil procedure ('cpc' for short).to say so, reasons are more than one, which are being recorded hereinafter. as per the amended terms and conditions of vrs.plaintiff was entitled for compensation in the form of salary of 35 days, for every completed year of service rendered by him ..... retirement brought by the defendants. the learned counsel for the plaintiff has taken the support of section 115 of the indian evidence act and submitted before the court that the defendants now have been estopped by their own act and conduct by taking u . turn from the terms and conditions of the voluntary retirement scheme. thus, this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-04-2014
..... 16:15 i attest to the accuracy and integrity of this document chandigarh civil revision no.1130 of 2014 -3- section 20 before the amendment by civil procedure code in 1976 had two explanations being explanation i and ii. by amendment act, explanation i was omitted and explanation ii was re-numbered as the present explanation. explanation which was omitted reads as follows: explanation 1 ..... parties that the dispute between them shall be tried in any one of such courts is not contrary to public policy and in no way contravenes section 28 of the indian contract act, 1872. therefore, if on the facts of a given case more than one court has jurisdiction, parties by their consent may limit the jurisdiction to one of the two .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-28-2014
..... any law relating to panchayats in force in a state immediately before the commencement of the constitution (seventy-third amendment) act, 1992 which is inconsistent with the provisions of part-ix, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement ..... for the allotment of shamlat land. shri p.s. poonia, learned state counsel, on the other hand relied upon part ix of the constitution inserted by 73rd amendment in the year 1992 constituting the panchayats, the singh dalbir 2014.04.29 15:23 i attest to the accuracy of this document high court chandigarh [5]. cwp ..... of a special statute. therefore, the said judgment does not provide any support to the argument raised by the learned counsel for the state. the 1994 act, is an act applicable to the sabha area in respect of which the gram panchayat has been constituted. there is no provision for sale of the land of the panchayat. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-14-2014
..... but would require consideration regarding aggravation. for clinical description of common disease, reference shall be made to the guide of medical officers (military pensions) 1980, as amended from time to time. the classification of diseases affected by environmental factors in service is given in annexure iii to these rules. xx xx miscellaneous rules 17. ..... settled by the supreme court, we find that the process of judicial review exercised by this court or armed forces tribunal in terms of armed forces tribunal act, 2007 is not an appellate jurisdiction. it is a jurisdiction of judicial review so as to ensure that the authorities remain within the confines of law. ..... contemplated. since the payment of pension does not fall within the scope of the rule making authority of the central government contemplated under section 191 of the army act, 1950, therefore, the central government has framed pension regulations for the army in the year 1961. the relevant clauses i.e. 48 and 173 from .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-02-2014
..... two years of the registration of the aforesaid sale deeds, respondent no.4 made reference under section 47-a clause (i) of the indian stamp act (for short 'the act').as amended by haryana amendment act 3 of 1973. on the basis of the above references, respondent no.3 initiated proceedings against the petitioners vide notices dated 22.05.1993 ..... i attest to the accuracy and integrity of this document high court chandigarh civil writ petition no.7276 of 1993 4 sub clause (2) of the indian stamp act, for determination of value or consideration. the instructions dated 04.08.1988 providing guidelines to the registering authority in respect of market value were not consistent ..... writ of certiorari for quashing the references (annexures p-1 to p-5) made by the sub registrar, mandi dabwali, under section 47-a of the indian stamp act, 1899, on account of short leavy of stamp duty and registration fees qua the properties purchased by the petitioners.the petitioners have also challenged notices dated 22 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-23-2014
..... view, providing for a period of one year makes the restriction reasonable. . while repelling the challenge to the provisions of section 25-o of the act, which stood incorporated by the amendment act no.46 of 1982, it was held that merely because genuineness and adequacy of the reasons stated by the employer could not mean that permission to close ..... decided on its own facts on the basis of circumstances prevailing at the relevant time while upholding the amended section 25-o of the act. the relevant observations read thus:- 18. we also see no substance in the contention that the amended section merely deals with the procedural defects pointed out in excel wear's case and does not ..... deal with the substantive grounds set out in excel wear's case. in our view amended section 25- o is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-25-2014
..... . this decision was followed in ellerman lines case (supra) where referring to another circular issued by the central board of revenue under section 5(8) of the indian income tax act 1922 on which reliance was placed on behalf of the assessee, this court observed: "now, coming to the question as to the effect of instructions issued under ..... this document high court chandigarh vatap no.48 of 2012 (o&m) 28 circular no.16/98 was erroneous. till today, the said circular has neither been withdrawn nor amended. . 31. in k.p.verghese vs. income tax officer, ernakulam, (1981) 131 itr597 the supreme court held that circulars and instructions are binding on the authorities administering ..... court by stating that the trade notice issued by one customs house must bind all customs authorities and, if it is erroneous, it should be first withdrawn or amended. in the present case also, it is not open to the assessing officers to reopen the completed assessments on the ground that said singh gurbax 2014.07.30 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-04-2014
..... undertaken by a party to prove his claim in the pleadings, its relevance to the points in issue as also admissibility in terms of provisions of the indian evidence act, 1872 (for short, the evidence act) have necessarily to proceed before such evidence is taken on record. bringing of facts and circumstances on record as evidence without deciding questions of relevance and of ..... to be shown to be relevant according to rules of relevancy found in the evidence act. . 24. no doubt, in terms of amendment introduced in section 3-a of the evidence act vide enactment of the information technology act, 2000 (for short the it act), the definition of documentary evidence has been amended to include all documents including electronic records produced for inspection by the court. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-2014
..... director by another period of two years.for reasons to be recorded in writing, from the notification of the haryana development and regulation of urban area (amendment and validation) act, 2012: provided further xxx xxx xxx provided further xxx xxx xxx (iv-a)to pay proportionate cost of construction of such percentage of sites of ..... conditions, as it may deem fit: provided that in case of licenses issued prior to the notification of the haryana development and regulation of urban areas (amendment and validation) act, 2012, the vishal v201401.29 10:17 i attest to the accuracy and integrity of this document cwp no.14006 of 2013 - 14 licensee, ..... execute the development works. the development scheme of his colony must be in conformity of the development schemes of those of the neighbouring areas .(27) the 1975 act divides the development works into two parts namely, (i) external development works; and (ii) internal development works. the internal development works, as illustrated in section .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-05-2014
..... occupants are not carried for hire or reward' i am accordingly to request insurers to make the necessary amendment on sheet 38 of the indian motor tariff pending reprinting of the relevant sheet. all existing policies may be deemed to incorporate the above amendment as the above decision is being brought into force with effect from 25th march, 1977. (4) the ..... carried in the vehicle (provided such occupants are not carried for hire or reward) but except so far as it is necessary to meet the requirements of motor vehicles act, the company shall not be liable where such death or injury arises out of and in the course of the employment of such person by the insured ..4. the ..... liability cannot therefore be merely taken on the basis of 'no fault liability' under section 140 of the motor vehicles act but the compensation would require to be assessed on just basis under section 166 of the motor vehicles act. fao no.1829 of 1994 4 5. the deceased was said to be a hardware agent and the contention was .....
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