Court : Punjab and Haryana
Reported in : AIR1988P& H228
..... a close scrutiny of the provisions of the indian forest act, 1927, and the punjab village common lands (regulation) act, 1961, would show that powers are exercised by the state government under s. ..... 38 of the indian forest act, 1927, was in exercise of the statutory powers conferred by the said act, which powers the governor of punjab had exercised in accordance with law ..... 1947, owners of not less than two-third share of the land in dispute, with a view to conserve forests thereon, represented in writing to the collector of ambala district that the said land should be managed on their behalf by the punjab government as 'protected forest' under the indian forest act, 1927. ..... therefore, the district development and panchayat officer, exercising the powers of the collector, and the joint director panchayats, exercising the powers of the commissioner, under the punjab village common lands (regulation) act, have no jurisdiction to declare the statutory notification issued under the indian forest act as illegal, null and void or not binding on the gram panchayat: such an order can be passed only by the court exercising writ jurisdiction or by a civil ..... cannot arrogate to themselves the jurisdiction and powers of pronouncing upon the constitutionality or legality of notifications and orders issued under other statutes, like the indian forest act. ..... under the punjab village common lands (regulation) act, annexures p/3 and p/4, respectively, are without jurisdiction, illegal and null and void. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2011(4)PunLR401
..... forest" is required to be notified under section 4 of the indian forest act, 1927 and the forest (conservation) act, 1980 and they impose restriction on the dereservation of forest or use of forest land for non-forest ..... of a notified "forest" comes through a reading of the provisions under provisions of the forest (conservation) act, 1980 and the indian forest act, 1927. ..... clause (b) of this subsection of any forest-produce other than grass, save for bona fide domestic or agricultural purposes [of right-holder in such area]; (d) the setting on fire ..... or prohibit - (a) the clearing or breaking up or cultivating of land not ordinarily under cultivation prior to the publication of the notification under section 3; (b) the quarrying of stone or the burning of lime at places where such stone or lime had not ordinarily been so quarried or burnt prior to the publication of the notification under section 3; (c) the cutting of trees or timber, or the collection or removal or subjection to any manufacturing-process, otherwise than as described in ..... power to regulate obtains in respect of areas, which are notified under section ..... power in certain cases, to regulate, restrict or ..... power to regulate, restrict or prohibit, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1997P& H141
..... back on the original debt, because as already noted the transaction merges into pronote and pro-note becomes basis of transaction and if the pronote is not properly stamped as in this case and is inadmissible in evidence under section 35 of the indian stamp act, 1899 then the suit must fail. ..... (2) notwithstanding anything in clause (3), parliament, and, subject to clause(1), the legislature of any state 35 *** also, have power to make laws with respect to any of the matters enumerated in list 3 in the seventh schedule (in this constitution referred to as the 'concurrent list'). ..... the solitary argument which was advanced by the learned counsel for the appellant has been considered by me with the help of the record and i find it without any substance and devoid of any merit. ..... (1) shall be paid and such payment shall be indicated on such instrument by means of adhesive stamps bearing the inscription 'refugee relief whether with or without any other design, picture or inscription. ..... (1) shall be paid and such payment shall be indicated on such instrument by means of adhesive stamps bearing the inscription 'refugee relief whether with or without any other design, picture or inscription. ..... (1) shall be paid and such payment shall be indicated on such instrument by means of adhesive stamps bearing the inscription 'refugee relief' whether with or without any design, picture or inscription. 3. ..... 2 is proved whether the pronote/receipt in question are without consideration? 4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H201
..... the first headnote in the report reads as follows :--'the orders promulgated on 14-8-1947 by the governor-general of india before the partition in exercise of the powers conferred under section 9 and containing provisions specially designed to remove the difficulties arising in connection with the transition to the new situation created by the partition are binding on both ..... his contention was that there was no point in making any provision for those cases which the court was competent to hear and would continue to hear without the enactment of any fresh law.the order was promulgated merely in order to obviate the stoppage of proceedings in those cases which must come to an abrupt end ..... of the said proceedings all the jurisdiction and powers which it had immediately before the appointed day; (2) any appeal or application for revision in respect of any proceedings so pending in any ..... territories from the province of assam to the province of east bengal by the indian independence act, 1947,-- (1) all proceedings pending immediately before the appointed day in any civil or criminal court (other than a high court) in the province of bengal, the punjab or assam shall be continued in that court as if the said act had not been passed, and that court shall continue to have for the purposes .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H181
..... (b) a revolver and an automatic pistol and ammunition for such revolver and pistol up to a maximum of 100 rounds per revolver or pistol (i) when accompanying a commissioned officer of the indian regular forces, or of the indian territorial force or gazetted police officer, or (ii) certified by the commandant of the corps to which such officer belongs; or is the case of an officer not attached to any corps, by the officer commanding; the station or district in which such officer is ..... save where otherwise specified, all articles which are arms or parts of arms within the meaning 40% of the indian arms act 1878 (excluding springs used for air guns) all tools used for cleaning or putting together the same, all machines for making loading, closing, or capping cartridges for arms other than rifle arms ..... and all other orts of ammunition and military stores and any articles which the central government may by notification in the official gazette declare to be ammunition or military stores for the purpose of the indian tariff act, 1934 excluding rercussion caps ports. ..... the wooden butts and the wooden parts of the fore-end had not been imported and without them, these could not be called complete guns. ..... 80(3) of the first schedule to the indian tariff act, 1934; fire arms including gas and air rifles and gas and air pistols not otherwise specified but excluding parts and accessories thereof. ..... he accordingly, ordered there absolute confiscation under the aforesaid section. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H98
..... conceded on both side that the parties could not contract out of the provisions of section 176 of the indian contract act and the plaintiff bank could not sell the pledged goods without notice according to that section.so that the controversy between the parties concerns only issues nos. ..... for the defendants contends is that if the notice contains anything more than that has reference to the provisions of the section 176 of the indian contract act, then the form of the notice must be taken as defective and notice as not valid according to the section.in this particular case the learned counsel says that threat of sale was held out against the defendants not only to ..... urged by the learned counsel for the defendants in this behalf.it is practical impossibility to give a notice of an actual sale of its date, time and place in the case of a notice under section 176 for the simple reason that in certain cases that may definitely lead to a loss not only to the pawnee but also to the pawnor as was pointed out in the case of sale ..... of his res, without his being given the opportunity of redeeming it, before the security was lost to him beyond retrieval.as an absolute power of alienation without effectual safeguards has all the potentialities of lending itself of serious abuse, the modern legislatures, and equally, the ancient law givers evinced solicitude for the pledgor, by imposing restrictions on pledgees unfettered powers of sale, where it was effected without the intervention of ..... 1927 ..... 1927 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR238
..... contested the same asserting that the 'the land over which the plaintiff is undertaking development work is not forest land', section 2 of the 1980 act had no applicability as there is no notification issued under section 4 and 5 of the indian forest act, 1927 declaring the land in question to be a 'reserved forest', in relation to the notification issued under section 3 of the p.l.p.a. ..... of the pre-audience conferred on the attorney general, the solicitor general and the advocate general by royal warrant in the year 1814 so as to establish the holder of these offices as leaders of the bar, has not been whittled down even after the enactment of the advocates act, 1961 in terms whereof the advocate general is an ex-officio member of the state bar council. ..... learned single judge in the matter under consideration has delved into the issue as to whether in fact the evidence on record warrant such a conclusion - whether the high court was right in such appreciation or not - that is entirely a different issue ..... . section 2 of the act starts with a non-abstante clause and it confers sweeping powers upon the central government, namely, that without its prior approval, no state government or other authority is competent to order or direct that any reserved forest or any portion thereof shall cease to be reserved, that any 'forest land' or any portion thereof may be used for any 'non-forestry purposes', and that any 'forest land' or any portion thereof may be cleared of trees which have grown .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1952]22ITR418(P& H)
..... has submitted in regard to the assessments for the years 1942-43, 1943-44, and 1944-45 that notices under section 34 and assessments thereupon are without jurisdiction because :-(i) the notices were issued purporting to be under the amended section 34 - amended by act xlviii of 1948 which has no retrospective effect;(ii) they were barred by time as they were beyond the period prescribed by section 34;(iii) there was no escapement of tax due to any failure on the part of assessees, but if ..... learned judge when dealing with section 125 which corresponds to section 34 of the indian income-tax act said :-'here the section manifestly gives to the surveyor, if he makes this discovery, the power to deal with the assessment. ..... . the income-tax officer, where it was held that notices issued under section 34 as amended by act xlviii of 1948 and the proceedings taken in consequence thereof were in the circumstances of that case without jurisdiction and a writ of prohibition was issued.the view of this court, however, on this different and i have referred to ..... of the construction of india as the assessees have already appealed from these various orders which according to them is the proper remedy provided by the income-tax act.the submission of the petitioners is that notices to the firm for the years 1942-43, 1943-44 and 1944-45 were without jurisdiction as the claim for income-tax was barred by time, and that there was no escapement of income-tax as there had already been an assessment .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H204
..... that the learned single judge erred in ordering that the award be made a rule of the court of disregard of the provisions of the arbitration act relating to giving of a notice of the filing of the award and an opportunity to file objection to the award within the time prescribed and without deciding such objections as might have been raised on the merits.it is pointed out that the question of limitation was tried as a preliminary issue and ..... arises for determination in this appeal is whether any period of limitation is prescribed for an application under section 14(2) of the arbitration act for getting the award filed in court and for giving notice to the parties of the same and if so, which article of the indian limitation act will apply. ..... air) as follows:'it may be that this is a case where no period of limitation is prescribed, and there is no provision in the limitation act, or it may be covered by the rule laid down by the supreme court in 1953 scr 351: (air 1953 sc 98), where it was ..... award.the filing in court of an award in asuit made in any matter referred toarbitration by order of the court orof an award made in any matterreferred to arbitration without theintervention of a court'the following was substituted for it: ninety days. ..... deal of force in this contention and it is not possible to see how the award could be ordered to be made rule of the court in this manner without following the procedure laid down in the arbitration act consequent upon an application under s. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1993]76CompCas782(P& H)
..... no part can be attributed to the other accused who have nothing to do with the present dispute ;(iii) that no notice was given to the drawer of the cheque, which is a company ; and(iv) that neither any offence under section 138 of the act, nor under section 420 read with section 34 of the indian penal code, is made out since there is no cheating much less inducement of the respondent to deliver any property to the petitioners and in the same way ..... mahabir parsad maheswari, the respondent, filed a complaint under section 138 of the negotiable instruments act, as amended up-to-date (for short 'the act'), read with sections 420 and 34 of the indian penal code, stating therein that the accused petitioners, as part of the liability which they were owing to the complainant had issued one cheque ..... this is a petition under section 482, code of criminal procedure, 1973, for quashment of complaint under section 138 of the negotiable instruments act, 1881, as amended up-to-date, read with sections 420 and 34 of the indian penal code, 1860, as well as for the quashment of the summoning order dated november 6, 1990, passed by the judicial magistrate first class, hissar, in that ..... complaint as well the preliminary evidence adduced by the complainant and other material placed before him, the judicial magistrate first class, hissar, summoned the accused to face trial for an offence punishable under section 13 of the act and under section 420 read with section 34 of the indian penal code.4. .....
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