Court : Punjab and Haryana
Decided on : Mar-14-2007
Reported in : (2008)12VST149(P& H)
Adarsh Kumar Goel, J.1. This matter has been placed for hearing before us in pursuance of order of the honourable Supreme Court dated July 14, 2006 in C. A. No. 3453 of 2002 and connected matters reported in Jindal Stainless Limited v. State of Haryana : (2006)7SCC271 [hereinafter referred to as 'Jindal Stainless Limited (3)'].2. Appeals before the honourable Supreme Court arose from the judgment of this Court dated December 21, 2001, Jindal Strips Limited v. State of Haryana reported in [2003] 129 STC 534 (P&H;).3. When the appeal against judgment of this Court was placed for hearing before a Bench of the honourable Supreme Court, correctness of the view taken by the honourable Supreme Court in earlier judgment in Bhagatram Rajeev Kumar v. Commissioner of Sales Tax [1995] 96 STC 654 : [1995] Supp 1 SCC 673, which was followed in State of Bihar v. Bihar Chamber of Commerce : [1996]2SCR184 , was doubted and the matter was referred to a Constitution Bench to decide with certitude, the pa...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-04-2007
Reported in : (2007)4PLR108
Satish Kumar Mittal, J.1. This revision petition has been filed under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against the order passed by the Appellate Authority, whereby the legal heirs of Hari Kishan (respondents No. 1 to 4 in the ejectment application) have been ordered to be evicted from the demised premises on the ground that they had sub-let the demised premises to respondent No. 5 without the consent of the landlord and also on the ground of non-payment of rent as the arrears of rent were not validly tendered by the legal heirs of Hari Mishan, tenant.2. In nutshell, the case of the landlord is that the shop in dispute was rented out to Hari Kishan son of Uttam Chand at the monthly rent of Rs. 80/-. He was exclusively doing his business in the said shop as sole proprietor. He died in a road accident in the year 1982. After his death, his legal heirs, namely, his widow Smt. Sarla Devi, minor daughter Santosh @ Rakhi, his mother Smt. Parwati and ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-17-2007
Reported in : AIR2008P& H30; 2008(2)ARBLR554(P& H)
M.M. Kumar, J.1. This petition filed' under Article 226 of the Constitution prays for quashing Memo No. 428 dated 10-1-2007 (Annexure P-11), directing the petitioner to deposit an amount of Rs. 1.81,14.845/-, which, is 7% of the total amount claimed by-the petitioner before the Arbitral Tribunal (hereinafter referred to as 'the Tribunal').2. The petitioner is a contractor, who was allotted work of constructing Haryana Government office building in Sector 17, Chandigarh. On 4-3-1992, an agreement was entered into between the parties/which incorporated Sub-clause (7) of Clause 25-A: providing for arbitration in case of any dispute. Some differences between the parties regarding payment in respect of allotted work have arisen, which resulted in referring the dispute to the three members of Arbitral Tribunal. The petitioner filed his claim before the Tribunal. The respondent State filed its objection to the claim by principally submitting that the contractor has to comply with the mandator...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-05-2007
Reported in : (2008)149PLR523
Permod Kohli, J.1. This is a petition for grant of probate under Section 276 of the Indian Succession Act, 1925 (Act No. 39 of 1925) (hereinafter referred to as 'the Act') filed by National West Minister Bank named as one of the executors in the will dated 6.12.1993, allegedly executed by Mr. Paul Gill alias Darshan Singh Gill. It is alleged that late Mr. Paul Gill was a Non-resident Indian having his permanent place of residence at 10, Wellington Court Clare Road Standwell Middlesex, England. Mr. Gill is said to have died on 8.2.1995. The will sought to be probated is said to be the last testament of Mr. Paul Gill. It is further stated that the testator has bequeathed his movable and immovable properties in favour of petitioner and respondents No. 2 to 4. The deceased had named other beneficiaries also. It is also alleged that the mother of the deceased Paul Gill, pre-deceased him and Mr. Paul Gill has left behind Vikas Singh Gill as the Class I heir and other legal representatives un...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-19-2007
Reported in : (2008)2PLR110
Vinod K. Sharma, J.1. This Regular Second Appeal is directed against the judgment and decree dated 12.04.1994 passed by the learned Additional District Judge, Jind, in Civil Appeal No. 240 of 20.10.1993, vide which while reversing the judgment and decree dated 31.8.1993 passed by the learned trial Court, suit filed by the plaintiff-appellants herein was ordered to be dismissed.2. The appellant-plaintiffs filed a suit for permanent injunction alleging that Ashok Kumar was a partner of M/s Kali Ram Suresh Kumar, Safidon, and in the said firm, the other partners were Satish Kumar and Veena Gupta, who retired from the said firm on 31st March, 1984. As a result of the said withdrawal, the firm stood dissolved and Ashok Kumar alone took all the assets and liabilities of said firm and thereafter constituted a new partnership firm under the name and style of M/s Kali Ram Ashok Kumar after inducting Naresh Kumar and Bimla Devi as its new partners on 2.4.1984. The said new firm was registered wi...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-28-2007
Reported in : (2008)149PLR451
Sham Sunder, J.1. The instant appeal is directed against the judgment/award dated 12.10.1984 rendered by the Motor Accident Claims Tribunal, Kamal (hereinafter referred to as the 'Tribunal') vide which it granted compensation in the sum of Rs. 51,500/- in favour of the appellants-claimants.2. On 2.3.1984 at about 7.00 A.M. Rangu Ram, predecessor-in-interest of the appellants-claimants employed as Chowkidar/Peon in Haryana State Minor Irrigation Tubewell Corporation at Karnal was coming on his cycle from village Mohindinpur to Karnal and when reached just ahead of Village Nagla Farm towards Karnal, a truck bearing No. HYK-4557, being driven in a rash or negligent manner by Dhanpat alias Dhami came from backside and hit him. Panju Ram was going ahead of Rangu Ram on a separate cycle. The cycle which Rangu Ram was riding, was run over by the aforesaid truck, as a result whereof, he sustained multiple serious injuries, and died at the spot. Meena-appellant No. 1 is the minor daughter of Ra...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-30-2007
Reported in : AIR2008P& H59; (2008)149PLR143
M.M. Kumar, J.1. This order shall dispose of C.W.P. Nos. 1152, 1239, 1240 and 1241 of 2007 as all the petitions relate to one group of companies. Even questions of law and facts involved are common to all the petitions. However, the facts are being referred from C.W.P. No. 1152 of 2007, which has been filed under Article 226 of the Constitution with a prayer for issuance of direction to the State Bank of Patiala-respondent Nos. 1 and 2 to settled the loan account of the petitioner-company in terms of the guidelines/directives issued by the Reserve Bank of India-Respondent No. 3 from time to time for settlement of accounts which have been rendered Non-Performing Asset (NPA). The petitioner-company has also sought further direction to respondent No. 3 to exercise its powers under the Banking Regulation Act, 1949 (for brevity, 'the Act') and get the guidelines/directives for the settlement of NPA account enforced by issuing directions/instructions to the respondent Bank. It has still furt...
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