Court : Punjab and Haryana
Reported in : (2005)141PLR297
..... with all such functions which are in the nature of visits to the jails and other institutions, for purposes of finding out the living condition of the inmates; review the safeguards provided under the constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation; review the factors, including act of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures ..... the supreme court noticed the provisions of section 14 of the consumer protection act, and held that the aforesaid provisions merely provided certain powers to the district forum to take certain steps and pass certain orders after the conclusion of the proceedings conducted under section 13 of the aforesaid act. ..... it will be appropriate to refer to the provisions of punjab panchayati raj act, 1994, wherein the director has power to remove a sarpanch under the provisions of section 20 of the act, their power to suspend during the course of enquiry has been specifically given to the director under section 20(4) of the act. ..... chief minister of the state of maharashtra and ors. ..... , : [1959]1scr279 and another judgment of the apex court in committee for the protection of democratic rights v. ..... ultimately it was held by the state commission that the suicide note appeared to be prepared in a planned manner and on that basis no criminal liability could be fastened on navtej singh brar and others. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR81a
..... at this stage, it may also be noticed that like the punjab panchayati raj act, 1994, there exists a separate legislation known as the punjab municipal act, 1911 which provides the constitution of municipal council/nagar panchayats, their powers, duties and functions, reservation of seats and elections of president and other office-bearers of these elected bodies and the term of their office as also the procedure for resignation, suspension and removal etc. ..... stale of maharashtra : air1989sc159 , their lordships of the supreme court held that acts dealing with various socio-economic plans have to be read in a complementary manner so that they do not create contradictions while operating in the same field.17. ..... chapter xii- of the act deals with 'election petition' and section 73 thereof provides that an 'election petition' and section 73 thereof provides that an 'election tribunal' at the district or sub-division headquarters level shall be constituted by the state govt. ..... respondent, the defeated candidate, challenged the appellant's election on the ground that he (the appellant) is employed as a fireman in the market committee at sirsa which functions under the administrative control of the haryana state agricultural marketing board, constituted under the punjab agricultural produce markets act, 1961. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)116PLR7
..... proper to direct that their cases should also be examined afresh by the committee to be constituted by the government and allotments made to those who have distinguished themselves in the service of the ..... 13 - objects and functions of authority:- the objects of the authority shall be to promote and secure the development of all or any of the areas comprised in an urban area and for that purpose that authority shall have the power to acquire by way of purchase, transfer, exchange or gift, hold, manage, plan, develop and mortgage or otherwise dispose of land and other property, to carry on by itself or through any agency on its behalf, building, engineering, mining and other operations, ..... (1) the authority shall carry out such directions as may be issued to it, from time to time, by the state government for the efficient administration of this act.xxxxxxxxregulation 3- mode of disposal:- subject to any direction issued by the state government under the act and to the provisions of sub-section (5) of section 15 of the act:-(a) the authority may dispose of any land belonging to it in developed or an undeveloped form;(b) any land or building of the authority may be disposed of ..... petitioner had sought closure of stone-crushing business in village naurangpur district gurgaon in the light of the directions given by the ..... in urban estate, panipat under the discretionary quota and the special principal secretary to the chief minister passed order dated december 6, 1994 for allotment of plot no. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)125PLR323
..... ex.p.81 is a direct evidence, which is the akshirja of the composite development plan, and shows that the land acquired for development of sector 13 (part-i) is adjacent or opposite to the present land acquired for development of sector 13 (part -ii) 1 would have no hesitation in rejecting the plea on behalf of the state that ex.p.79 is ..... the oral and documentary evidence shows that the entire area of the acquired land forms part of much, larger development plan which is reflected in the development survey plan ex.p.64 and also reflected in ..... besides this, the respondents also produced on record ex.r.1 site plan and other two sale instances ex.r.2 and ex.r.3 to show the value of the land in the year 1988 and 1990 respectively.location and potential of the land:-7. ..... the claimants completely felt dissatisfied with the extent of the amount awarded for acquisition of their respective lands and preferred references under section 18 of the act, which were forwarded to the learned district judge, hisar, in accordance with law. ..... after inviting the objections, the land acquisition collector vide his award dated 16.3.1994 classified the acquired land into three different categories and awarded the following rates of compensation to each kind of land :- category a (land adjoining hisar-tosham road) rs ..... view was taken by the supreme court in the case of calcutta metropolitan development authority and another v. ..... the case of municipal committee, bhatianda and ors. v. ..... state of maharashtra, j.t .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)144PLR222
..... declaration given by it in a declaration that clause (i) of rule 9 of the 'service, discipline and appeal rules, 1979' of the central inland water 'transport corporation limited is void under section 23 of the indian contract act, 1872, as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confers upon the corporation the right to terminate the employment of a permanent ..... legislation which necessitate the plenary legislating body to discharge its legislative function by laying down broad guide-lines and standards, to lead and guide as it were, leaving it to the subordinate legislating body to fill up the details by making necessary rules and to amend the rules from time to time to meet foreseen and unpredictable situation, all within the frame work of the power entrusted ..... charges of such use.b) since the conversion charges have been reconsidered and are now proposed to be revised, therefore, no interest will be charged for the period elapsed.c) the period during which the matter remained under litigation will be treated as zero period.sd/- district town planner (hq)for director town and countryplanning haryana, chandigarh.by order dated 22.11.202, the division bench recalled ..... plans submitted by the petitioner were also approved by the building plan committee ..... maharashtra, this court, while upholding the constitutionality of the maharashtra restoration of lands to scheduled tribes act ..... by order dated 25.8.1994 the respondents had .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1996P& H30
..... of the national highway; (b) one kilometer from the state highway; (c) 300 meters from the link road; (d) 5 kilometers away from the boundary of metropolitan city; (e) 3 kilometers away from the district headquarters; (f) 11/2 kilometers from the town abadi other than district headquarter, approved urban colony and any existing tourist complex; (g) one kilometer from the village abadi or any land recorded as forest in govt. ..... and commissioner (planning), the delhi municipal corporation through its commissioner, farida-bad complex administration through its chief administrator, director town and country planning department, haryana, deputy commissioner, faridabad, haryana urban development authority through its commissioner/chief executive, central pollution control board through its member-secretary, central government under the environment (protection) act, 1986 and ..... limits of its judicial function andtrespass into areas which are reserved to the executive and the legislature by the constitution. ..... that 'we are constrained to record that delhi development authority, municipal corporation of delhi, central pollution control board anddelhi pollution control committee have been wholly remiss in the performance of their statutory duties and have failed to protect the environments and control air pollution in the union territory of delhi. ..... secretary of the pollution control boardvide his letter dated 16-2-1994 seeking advice regarding the point from which distance was to ..... maharashtra .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005]124CompCas201(P& H); (2004)4CompLJ288(P& H); [2004]55SCL165(Punj& Har)
..... what article 226 requires is residence or location as a fact and if therefore there is a seat from which the government functions as a fact even though that seat is not mentioned in the constitution the high court within whose territories that seat is located will be the high court ..... act, through the securities laws (amendment) act, 1999, the objects and reasons recorded establish, that section 11aa was added to the sebi act by the parliament by accepting the recommendations made in the dave committee ..... is bound to issue an allotment letter, within a reasonable period (ordinarily not exceeding 270 days, under the 'cash down payment plan'; and within a period not ordinarily exceeding 90 days, on of receipt of 50% of the consideration, under the 'instalment plan'). ..... maharashtra jt 2000 (10) sc 61, wherein the supreme court interpreted the 15th amendment of the constitution, by which clause (1 a) was added to article 226, opined that the object of introducing the amendment made to article 226, was to overcome the limits of jurisdiction expressed by the supreme court in election commission, india's case (supra), and to extend the jurisdiction of high courts under article 226 of the constitution ..... sold by one malkit singh, a resident of district ropar (in the state of punjab), through his attorney rajesh agarwal, a resident of district gurgaon (in the state of haryana), to a ..... 1994] 4 scc 711, the supreme court again considered the issue of jurisdiction under article 226 of the constitution .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)144PLR349
..... the words 'master plan' have not been defined in the ncr act 1985 but obviously the sub-regional plans and the master plans are to be prepared by the participating states (in the present case by the state of haryana)21. ..... the objections suggestions were received scrutinized and considered by the statutory planning committee of the ncr planning board in its meeting held on 5.5.2005 and the regional plan 2021 was approved by the ncr planning board in its meeting held on 9.7.2005. ..... in fact these towns are situated within the immediate metropolitan influence of delhi as per recommendations of the draft regional plan which was approved by the high powered board in september 1973 the eight priority towns located in the haryana sub-region were to accommodate 13 lacs population by 1981 - the bahadurgarh share being 0.75 lacs (75000) whereas ..... there is no dispute that the ncr act 1985 has been passed by the parliament under article 252(1) of the constitution of india after the state legislatures of the participating states had passed necessary resolutions and had requested the parliament to pass the law on the subject. ..... the stay order was granted by the additional district judge jhajjar on 3.3.2001 and the said stay order was vacated by the said court on 20.2.2002. ..... it may be recalled that the ncr act 1985 was enacted to reinforce and to provide legal sanction to infra-structure which had already started functioning after the passing the delhi development act 1957. ..... : [1994]3scr248 .4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2005(2)ESC1310; 2005(3)SLJ354(P& H)
..... submissions : (i) the executive is competent to exclude certain posts from the ambit of article 320 of the constitution and for that purpose the punjab government has already framed the punjab public service commission (limitation of functions) regulations, 1955; (ii) there is nothing illegal in the constitution of the departmental selection committee which has been constituted by designation and not by name.58. ..... to above, we have already emphatically held that the criteria of 'outstanding sports person' laid down in the notification dated january 23, 2004 (annexure r-1) is capable of complete misuse and can act as a tool in the hands of the selecting authority to eliminate the claims of a genuine sports persons likely in the case in hand, it has already diluted the very ..... reserved vacancy in class iv post--(i) that he belongs to the state of punjab; and(ii) that he has attained the first, second or third position in a district level championship organised by the concerned district level association affiliated to the state level association in the respective discipline.72. ..... in question but not having been selected, he has claimed himself to be an outstanding sports person who won gold medal in the junior national handball championships held in the year 1992 and 1994.in view of these competing claims questioning inter se eligibility, suitability, achievements in sports and consequential inter-se placement in the selection list, we proceed to examine the genesis, method ..... maharashtra .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)135PLR661
..... dwivedi highlighted the mal-functioning of the commission under the chairmanship of shri ravinderpal singh sidhu and argued that the decision taken by the government to cancel the selections and terminate the services of the petitioners cannot be invalidated on the ground of violation of articles 14, 21 and 311 of the constitution and the rules of natural ..... the candidates appointed to pcs (judicial branch) argued that the recommendations made by the high court could not have been acted upon by the government for dispensing with the services of the petitioners because copies of the recommendations made by the sub-committee and the resolutions passed by the full court were not made available to the affected candidates and they were not given opportunity of making representation against the proposed action. ..... indicates an unusual pattern showing pre-planning and manipulation. ..... the final result was declared on 11.7.1999 and the successful candidates were appointed to pcs (executive branch) and allied services in september, 1999 and thereafter.recruitment to pcs (executive branch) by nomination made in terms of rules 8 to 11 and 15 of the punjab civil services (executive branch) (class-i) rules 1976 (for short, the 1976 rules)for the year 1994.there was three vacancies for register a-1 which were to be filled from amongst tehsildar ..... it is clear that so far as the center at the anantapur district is concerned, there was enough reason for the government to cancel ..... state of maharashtra, (1996 .....
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