Court : Punjab and Haryana
Decided on : Feb-23-2006
Reported in : [2006]133CompCas542(P& H); (2006)146PLR636; [2006]71SCL368(Punj& Har)
Hemant Gupta, J. 1. The present petition for winding up under Section 433(e) and (f) read with 434 and 439 of the Companies Act, 1956 (hereinafter to be referred as 'the Act') is by a Trust set up by the State Bank of India, a bank constituted under the State Bank of India Act, 1955. The petitioner conduct the business of Mutual Fund by promoting the savings of small and individual investors through various schemes inviting subscriptions from prospective investors and to channalise the funds so collected into the capital market for attractive returns.The respondent company is a public limited company by shares, the authorised capital of which is Rs. 12,75,00,000/-.2. The grievance of the petitioner is that the respondent company after having declared dividend for the financial year 2000-2001 has failed to remit the same to the petitioner. The dividend payable to the petitioner was Rs. 35,52,882.50 on the record dated i.e. 2.6.2001. The said dividend is a debt due, and payable by the re...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-28-2006
Reported in : (2006)143PLR459
Hemant Gupta, J.1. The challenge in the present revision petition is to the order of ejectment passed by the learned Rent Controller in terms of the provisions of 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act')2. It is the case of the respondent-landlord that the petitioner is a tenant in the shop in dispute @ Rs. 125/- per month and by way of a family arrangement between the respondent and his brothers in the month of August, 1996, the premises exclusively fell to the share of the respondent. It was alleged that the respondent-landlord is a Non Resident Indian and wants to start his own business in the shop in dispute and, therefore, he requires the shop for his own use and occupation. The application filed by the petitioner for grant of leave to defend was allowed. The parties have led evidence and the learned Rent Controller returned a finding that the landlord has become owner of the premises by way of family settlement and such settl...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-30-2006
Reported in : (2006)144PLR563
M.M. Kumar, J.1. The Insurance Company is in appeal against the award dated 19.12.2005 passed by the Motor Accident Claims Tribunal, Kurukshetra (for brevity, 'the Tribunal'). The appeal has been filed under Section 173 of the Motor Vehicles Act, 1988. The Tribunal has recorded the findings after detail analysis of the evidence that Mehar Chand, close relation of claimant-respondent, had died in the accident which had occurred on 3.11.2004 at about 7.00 P.M. on account of rash and negligent driving of tractor-trolley No. HR-07C-5482 by its driver Suresh Kumar-respondent No. 7. The tractor-trolley is owned by Ram Swarup, respondent No. 8. Mehar Chand had died on the spot and the tractor-trolley had fled from the scene of occurrence. The number of tractor-trolley was not recorded in the FIR but its driver-respondent No. 7 Suresh Kumar, is alleged to have made extra judicial confession before one eye witness Rameshwar Dass, who is stated to have followed the tractor-trolley up to 1-1/2 ki...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-21-2006
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
Decided on : May-11-2006
Reported in : 2007ACJ1799; (2006)144PLR709
ORDERVinod K. Sharma, J.1. This appeal has been filed by the National Insurance Company Limited against the award passed by the learned Motor Accident Claims Tribunal, Rup Nagar (for short the Tribunal) under Section 163A of the Motor Vehicles Act.2. The brief facts of the case as brought out in the claim petition are that on 3.3.2000 some unknown person snatched an amount of Rs. 2,300/- from one Tirath Ram, while he was proceeding on Tractor No. PB-12-B-1813 from Chamkaur Sahib to his village Bassi Gujaran. The culprits after snatching the amount slipped away on Scooter No. PB-12-4771 and on alarm being raised Ranjit Singh and Jatinder Singh stopped their scooter and thereupon Tirath Ram narrated the incident of snatching. The said persons took Tirath Ram on the pillion of their scooter and started following the unknown culprits. Lakhwinder Singh deceased and Kishan Singh met them on the way and the whole incident was narrated to them also. Kishan Singh and Lakhwinder Singh also joine...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-26-2006
Reported in : (2006)144PLR222
S.S. Nijjar, J.1. This Judgment will dispose of the aforesaid five writ petitions (C.W.P. Nos.5036 of 1997, 3596 of 1997, 5551 of 1997, 15748 of 1998 and 2795 of 1998) as common questions of law are involved in all the aforesaid writ petitions. The basic issues raised in all the aforesaid writ petitions are identical. We have, therefore, made reference to the detailed pleadings as contained in the case of M/s Trishul Industries (C.W.P. No. 5036 of 1997). Reference to additional facts from other writ petitions have been made whilst noticing the submissions of the learned Counsel.2. The petitioner is a partnership firm having its registered office in New Delhi. Inspired by the declaration and open policy of the Government of Haryana to develop tourism in the State, its progressive economic policy and liberalization, the petitioner-firm conceived a project of establishing a restaurant and resort hotel, in the area forming part of revenue estate of village Shekhopur, District Gurgaon. The ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-31-2006
Reported in : AIR2007P& H31; (2006)144PLR182
M.M.S. Bedi, J.1. This petition has been filed by a Non Resident Indian (for short 'the NRI') Landlord Under Section 15(5) of the East Punjab Urban Rent Restriction (Amendment) Act, 1949 (for short 'the Act') challenging the validity of order dated 5.8.2004 passed by the learned Rent Controller, Ludhiana allowing the application of tenant-respondent Under Section 18(5) of the Act for leave to contest the ejectment petition filed Under Section 13-B of the Act filed by the petitioner-landlord.2. Records of the case have been called in order to determine whether the order of the learned Rent Controller, Ludhiana has been passed in accordance with law. Vide the impugned order the learned Rent Controller has allowed the application for grant of leave to contest on the grounds that (i) there is a dispute regarding relationship of landlord and tenant between the petitioner and the respondent, which question has to be decided by adducing the evidence as admittedly the ejectment application has...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-26-2006
Reported in : II(2007)ACC525; 2007ACJ2290; (2006)144PLR319
M.M. Kumar, J.1. This appeal filed by the claimant-appellants under Section 110-D of the Motor Vehicles Act 1939 (for brevity 'the Act') prays for enhancement of compensation awarded by the Motor Accident Claims Tribunal Ambala (for brevity 'the Tribunal') vide its award dated 6.3.1987. The claimants in appeal are father of the deceased unmarried major and minor sisters minor brother step-mother and a step brother.2. It is conceded position that Deepak Kumar Gupta who was 17 years of age was studying in the 1st year B.E. (Mechanical) at the Punjab Engineering College Chandigarh. It is also accepted and proved before the Tribunal that his death was caused on 26.8.1986 at about 4.30 p.m. at Patiala Chowk House Ambala City on account of rash and negligent driving of bus No.HRV-2762 by the driver Munshi Ram (respondent No. 1). The deceased Deepak Kumar Gupta was knocked down who was coming on a cycle. He succumbed to the injuries suffered by him in the accident in Philadelphia Hospital Amb...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-27-2006
Reported in : (2007)8VST17(P& H)
ORDER1. This is a petition under Section 22(2) of the Punjab General Sales Tax Act, 1948 (for short, 'the Act') seeking a direction to the Sales Tax Tribunal, Punjab for referring the following questions of law to this court for opinion for the assessment year 1981-82:(i) Whether, in the facts and circumstances of the case, the provisions of Section 4B can be attracted and the additional demand created by AETC and affirmed by the Tribunal is sustainable in law ?(ii) Whether the ratio of law in Indian Copper Corporation Ltd. v. Commissioner of Commercial Taxes : AIR1965SC891 and J.K. Cotton Spinning & Weaving Mills Co. Ltd. v. Sales Tax Officer : [1965]1SCR900 has rightly been invoked and the purchaser, namely, the petitioner-dealer can be subjected to pay the additional demand of tax ?(iii) Whether, in the facts and circumstances of the case, the additional demand of Rs. 9,003 is legal and sustainable in law ?(iv) And lastly, whether the provisions of Section 11D could be attracted in ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-31-2006
Reported in : II(2007)ACC474; 2007ACJ1005; (2006)144PLR639
ORDERAdarsh Kumar Goel, J.1. This order will dispose of F.A.O. Nos. 872 and 873 of 1986 as both the appeals arise out of the same accident.2. F.A.O. No. 872 of 1986 has been preferred by Sujan Singh etc. who have made claim on account of death of Lal Singh, aged 12 years, who was travelling in tractor No. HYM-1208 on 27.6.1985 at 3 PM, which was being driven by Babu Ram, driver, respondent No. 2. The tractor was carrying a marriage party which had left for village Rampura in a trolley attached to the tractor and when the tractor reached Navdi turning near Village Rampura, the trolley turned turtle, resulting in the death of Lal Singh. The claimants are parents and minor brothers and sister of the deceased.3. F.A.O. No. 873 of 1986 filed by Smt. Rewti etc. is for claim for death of Balbir Singh, aged 60 years, who also died in the same accident. It was alleged that Balbir Singh was earning Rs. 2000/- per month and Lal Singh was a student, who was assisting in agricultural operations of ...
Tag this Judgment!