Court : Punjab and Haryana
Reported in : 2010ACJ409; (2008)152PLR651
Hemant Gupta, J.1. The challenge in the present writ petition is to the award dated 24.02.2007, Annexure P-22, passed by the Permanent Lok Adalat, Hisar, directing payment of sum assured i.e. Rs. 1,00,000/- along with interest at the rate of 10% per annum from the date of death of insured till payment.2. Dalip Singh, husband of respondent No. 2 (hereinafter referred to as insurer) submitted a proposal for insurance for Rs. 1,00,000/- on his life on 14.09.2002. The insured made declaration regarding his state of health which was signed by him after admitting all answers to the questions in the proposal to have been recorded correctly. A declaration was also made that all the answers have been given by him after fully understanding and all the answers are true and complete in all particulars and he has not withheld any information.3. It was also agreed by him that the statements made in the proposal form and declaration shall be basis of the contract of assurance and if any untrue averme...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)203CTR(P& H)603; [2008]298ITR358(P& H)
1. The Revenue has approached this Court by filing the present appeal raising the following substantial question of law arising out of the order dt. 15th July, 2005 passed in ITA No. 543/Chd/2003 for the asst. yr. 2000-01:Whether, on the facts and in the circumstances of the case, the Hon'ble Tribunal has erred in holding that the payment made to its Development Officer by the LIC of India under the Reimbursement of Expenses Scheme, 1997 is not the income of the assessee and further it is not a part of salary of the recipient Development Officer ignoring the factual position that details of expenses incurred have not been reported to the branch manager (paying officer) on the basis of which it could be inferred that these allowances were the reimbursement of actual expenses?2. The ITO rejected the contention of the assessee to the effect that in the year 1997 LIC of India framed two separate schemes, namely, Incentive Bonus Scheme, 1997 and Reimbursement of Expenses Scheme, 1997. The a...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)107PLR223
R.P. Sethi, J.1. Aggrieved by the order of allotment of plot in favour of respondent No. 3 measuring 3 acres situated in the industrial estate Barwala, this petition has been filed for not only setting aside the order of allotment but also the new policy for allotment/transfer/resumption of plots/sheds in the industrial estates dated 25.3.1988 Annexure P/2, mainly on the grounds of being violative of the provisions of the fundamental rights as enshrined in Part III of the Constitution. It is contended that wide unguided, discretionary powers have been vested in the respondent-stale with the result that the rural industrial entrepreneurs like the petitioners have been deprived of getting the benefit of the industrial policy of the State of Haryana formulated and advertised from time to time.2. It is contended that respondent No. 1 carved out a rural industrial estate at Barwala, Tehsil and District Hissar in the year 1962-63 which is situated within the municipal limits of Barwala and a...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)IILLJ505P& H; (1997)117PLR748
N.K. Kapoor, J.1.Appellant aggrieved by the award of the Labour Court and its affirmation by this Court has preferred this appeal.2. Naresh Kumar, a Work-mistry, whose service had been dispensed with sought reference and so the Government of Haryana exercising its powers under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') referred the dispute between the parties to a Labour Court for adjudication. Labour Court framed the following issues:(1) Whether the impugned termination of services of the workman was invalid? O.P.W.(2) Whether the reference is not tenable for the reasons stated in preliminary objections No. 1, 2 and 3 of the written statement? O.P.W. (3) Relief.3. Management contested the claim of the workman alleging that the same is not maintainable as the respondent-Corporation is not an industry nor the petitioner falls within the definition of a workman. Otherwise too, petitioner was appointed for a specific work and for a specifi...
Tag this Judgment!Court : Punjab and Haryana
-1- CWP No.10102 of 2004 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10102 of 2004 Date of decision: 09.07.2014 Punjab State Warehousing Corporation, Chandigarh ....Petitioner Versus State of Punjab and others ....Respondents CORAM: HON'BLE Mr.JUSTICE PARAMJEET SINGH1 Whether Reporters of the local papers may be allowed to see the judgment ?. Yes 2) To be referred to the Reporters or not ?. Yes 3) Whether the judgment should be reported in the Digest ?. Yes Present: - Mr.N.D.S.Mann, Advocate, for the petitioner. Mr.V.Ramswaroop, Addl. A.G., Punjab. Mr.Sandeep Khunger, Advocate, for respondent No.3. ***** PARAMJEET SINGH, J. Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of writ in the nature of certiorari for quashing the order dated 16.10.2000 (Annexure P-5) and order dated 07.04.2004 (Annexure P-6) passed by Principal Secretary, Local Government, Punjab, whereby revision petition filed by respondent No.3 has been...
Tag this Judgment!Court : Punjab and Haryana
CM No.3753 of 2013 in/and LPA No.1472 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CM No.3753 of 2013 in/and LPA No.1472 of 2013 Date of decision : 9.9.2013 Shamsher Singh ........Appellant versus The Financial Commissioner (Revenue).Haryana and others ......Respondents CORAM: Hon'ble Mr.Justice Jasbir Singh Hon'ble Mr.Justice G.S.Sandhawalia Present:- Mr.J.S.Cooner, Advocate, for the applicant-appellant --- Jasbir Singh, J. (Oral) CM No.3753 of 2013 : After hearing counsel for the applicant-appellant, application is allowed. Delay of 51 days in filing the appeal stands condoned. LPA No.1472 of 2013 : This appeal has been filed against an order passed by the learned Single Judge on 13.5.2013, dismissing CWP No.10227 of 2013 filed by the appellant. In that writ petition, the appellant has laid challenge to an order dated 1.3.2011 (P-1).passed by the Collector, appointing respondent No.4 as Lambardar of Village Chaku Ladana, Tehsil Guhla, District Kaithal. Furt...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1987]62CompCas64(P& H)
Gokul Chand Mital, J. 1. Tilak Raj got the following life insurance policies. DateAmountDetails of the documents24-7-1969Rs. 5,000 Exhibits D-10 toD-12, Proposal form, personal statement and medical report.29-5-1970Rs. 5,000 Exhibits D-7 toD-9, Proposal form, personal statement and medical report.26-4-1971Rs. 20,000 Exhibits D-4 toD-7, Proposal form, personal statement and medical report.2. He died on October 6, 1971, and his widow, Smt. Satya Rani, claimed the entire amount under the three policies. The Life Insurance Corporation of India (hereinafter referred to as 'the LIC') finally repudiated the claim on September 4, 5, 1972, and, consequently, she filed a suit for recovery of Rs. 30,000. She challenged the basis on which the claim was repudiated. 3. The LIC contested the suit and pleaded that the policies were obtained by Tilak Raj by suppressing the material facts as he gave wrong answers to the declaration contained in the proposal form and in his personal statement. It was spe...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)IIILLJ386P& H; (2003)134PLR417
S.S. Nijjar, J.1. Culled out from the pleadings of the parties, the undisputed facts are that the petitioner was a permanent employee in the Cooperative Department of the Punjab Government, when he was taken on deputation with the respondents-Bank of India bn 27.9.1969. He was permanently absorbed in the service of the respondents-Bank w.e.f. 14.11.1972. In the Cooperative Department of Punjab (hereinafter referred to as the parent department) the date of retirement of the petitioner would be 58 years of age. The respondents-Bank was nationalised under the provisions of Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act. 1970 (Act No. 5 of 1970). This Act came into force w.e.f. 19.7.1969. On the eve of nationalisation, the age of retirement of Officers in the respondents-Bank was 60 years under Section 19(3) of the Act, the service conditions of the Officers prior to the coming into operation of the Act were protected. After nationalisation, the responden...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2003]113CompCas33(P& H); [2003]45SCL190(Punj& Har)
G.S. Singhvi, J. 1. This appeal is directed against order dated October 30, 2000, vide which the Company Law Board, Northern Bench, New Delhi (hereinafter described as respondent No. 1) granted consent to the proposal of the appellant for issuing further 4 per cent. cumulative redeemable preferenceshares in lieu of 10,891 existing shares of that category subject to certain conditions including the one for payment of dividend at the rate of 15 per cent. per annum.The facts:2. The appellant-company had issued 10,891, 4 per cent. redeemable preference shares of Rs. 100 each on December 25, 1985, with a maturity period of 12 years. Ten days before the maturity of the shares, the appellant convened a meeting of the shareholders including preference shareholders on December 15, 1997, and succeeded in getting a resolution passed for issuance of further 4 per cent. cumulative redeemable preference shares in lieu of 10,891 existing 4 per cent. cumulative redeemable preference shares. Thereafter...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)103PLR476
Ashok Bhan, J.1. In the State of Punjab, three town Amritsar, Jalandhar and Ludhiana have municipal corporations and are governed by Punjab Municipal Corporation Act, 1976, whereas in other towns there are municipal committee governed by the Punjab Municipal Act, 1911. Two sets of writ petitions were filed, one by the residents of Ludhiana Municipal Corporation and others by the residents of various other municipal committees, which are disposed of by this common judgment. The challenge in all these writ petitions was to the imposition of charges levied for meeting the expenses of laying down sewerage in the State of Punjab, Since most of the arguments in these two sets of cases were common, the two sets were disposed of by a common judgment and basically the facts were taken from the writ petition pertaining to Municipal Corporation Ludhiana In the later part of the judgment, the learned Single Judge discussed separately the points urged with regard to the residents of municipal commi...
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