Court : Punjab and Haryana
Decided on : May-01-1964
Reported in : [1966]36CompCas105(P& H)
ORDER OF DIVISION BENCH 1. Three persons--Tirath Ram, Mulk Raj and Barkat Ram--were doing business as the partners of a firm called Tirath Ram and Sons, and the business was carried on in what is now a part of Pakistan. At the time of the partition and because of it they came away to India. Before the partition, however, and while still in Pakistan they had taken a loan fr6m the Central Bank of India Limited and pledged with that bank certain goods, being cotton and cotton seeds. Those goods had been insured with the Free India General Insurance Company Limited for a sum of Rs. 27,000 against fire as well as not and the loan taken from the bank was also Rs. 27,000. The goods in question were during the disturbances in Pakistan looted by some rioters. After coming to India and, in fact, after the enactment of the Displaced Persons (Debts Adjustment) Act, 1951, an application was filed on behalf of the firm, Tirath Ram and Sons, under Section 18 of that Act and the application was for th...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-11-1964
Reported in : AIR1965P& H401
H.R. Khanna, J.1. In the present and seven connected petitions Nos. 1089, 1090, 1091, 1092, 1093, 1114 and 1115 of 1962 under Article 226 of the Constitutions of India the Division Bench, consisting of Mehar Singh J. and myself, referred the following two questions for decision obey a larger Bench:'(1) Whether the order of the Punjab Government dated 29th September 1961 bifurcating the P. E. S. (Class II) into school and Collage Cadres is violative in whole or in part of the principle of preserving inter seniority embodied in rule 16 of the Punjab Services Integration Rule 1957? (2) Are the promotions to P. E. S. (Class I), in the wake of the aforesaid bifurcation of the respondents who were originally junior to the petitioners in the joint P. E. S. (Class II) list in preference to the petitioners on the sole ground of the nature of the said Rule and Article 16 of the Constitution. (2) The petitioners filed these petitions on the allegations that there were two classes of gazetted offi...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-24-1964
Reported in : AIR1966P& H16
ORDERI.D. Dua , J.1. The main ground urged by the learned counsel for the petitioner is that the order of the Punjab Government dated 18-3-1960 according sanction to the sale of the whole of the resin from Government supply to Shiwalik Co-operative Resin and General Mills Limited, Gagret (District Hoshiarpur) respondent No. 2, is mala fide and is hit by the provisions of Articles 14, 19(1)(g) and 39 of the Constitution. According to the petitioner, they and others, connected with this business, have invested no less than Rs. 1. 75 crores and if the impugned order is not set aside, their business would be ruined, because by this order the State Government has created a monopoly in favour of respondent No. 2. The decision of this writ petition is going to affect a large number of factories, which are doing this trade. Besides, certain important questions of constitutional importance arise for decision in this petition. Moreover, whichever party loses here, will go as a matter of right in...
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