Court : Punjab and Haryana
..... 21 20. the court observed that there can never be any quarrel with the proposition that the courts cannot direct creation of posts, the principles of which are embedded in mahatma phule agricultural university v. nasik zila sheth kamgar union, 2001 (3) scr1089 state of maharasthra v. r.s.bhonde, (2005) 6 scc751 indians drugs & pharmaceuticals ltd. v. ..... existence of enacted law. after three decades, the supreme court overruled its previous decision in a.k. gopalan (10) and held in its landmark judgment in maneka gandhi v. union of india and another that the procedure contemplated by article 21 must answer the test of reasonableness. the court further held that the procedure should also be ..... has been sought for in pursuance of article 14 of the constitution and that the same is in conflict with the judgment of the seven-judges bench in maneka gandhi vs. union of india [1978 (1) scc248. xx xx xx xx 70. we are distressed to note that despite several pronouncements on the subject, there is .....
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..... factual report was gathered as to what was the correct position of the site. the apex court in maharashtra state board of secondary and higher secondary education vs. k.s.gandhi 1991 (2) scc716 while examining the principles of natural justice and their violations, held that the applicability of the principles of natural justice is not a rule of thumb or .....
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Crl.A.No.52-DB o1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.52-DB of 2011 Date of decision: May 17, 2013 Sohan Singh @ Charanjit Singh -----Appellant Vs. State of Haryana -----Respondent CORAM:- HON'BLE MR JUSTICE AJAY KUMAR MITTAL HON'BLE MR JUSTICE GURMEET SINGH SANDHAWALIA Present: Mr. Jagjit Gill, Advocate for the appellant. Mr. S.S.Pattar, Sr.DAG,Haryana. Ajay Kumar Mittal,J.1. Appellant Sohan Singh @ Charanjit Singh (in short, Sohan Singh.) has filed the present appeal against the judgment passed by learned District & Sessions Judge, Sirsa dated 11.11.2010 whereby he has been convicted and sentenced under Section 302 read with section 34 IPC to undergo life imprisonment and to pay a fine of ` 10,000/- and in default thereof, to undergo further simple imprisonment for four months. The appellant has also been convicted and sentenced under Section 201 IPC to undergo RI for three years and to pay a fine of ` 5000/- and in default thereof, to undergo fu...
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HEMANT GUPTA, J. The petitioners i.e. the vendors of the sale deeds executed in respect of land measuring 59 Acres 1 Kanal 19 Marlas in the year 2000, have sought to annul such sale deeds in the present writ petition. The brief facts out of which the present writ petition arisesare that the State Government has initially published a notification dated 07.07.1998 (Annexure R-1) under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') intending to acquire land measuring 122 Acres 2 Kanals 7 Marlas for a public purpose namely for setting up the 'Baba Farid University of Health Sciences, Faridkot' (for short the University). After such notification was published, the landowners entered into agreements with the State Government for sale of such land. One of the such agreements is annexed as Annexure P-4 (dated 29.07.1999), wherein the landowners agreed to sell their shares of property to the State Government at the rate of Rs.4,50,000/- per acre for the purpose of establishin...
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Permod Kohli, J.I. General1. District Judiciary is the foundation of the judicial system upon which the whole edifice of the judicial institutions stands. Judiciary is the bulwark of the democratic system in India and reckons indubitably as the most potent institution in the triad, the executive and legislative being the other two pillars under the constitutional scheme. The selection/appointment to the Subordinate Judiciary thus assumes a great significance in the administration of justice. The administration of justice in turn depends upon the fairness of the appointments of the meritorious candidates necessary to keep and strengthen the faith in the judicial system. No doubt the appointments to any service should be fair and on merits and this is particularly so in case of judicial appointments. The reverence reposed in the judicial system makes it imperative that judicial appointments obtain a close scrutiny to dispel even the remotest apprehension in the minds of consumers of just...
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Reported in : (2009)156PLR489
Surya Kant, J.1. The Chandigarh Administration has filed this writ petition purportedly in public interest, seeking permission for medical termination of the pregnancy of a mentally retarded girl [the name withheld and here-in-after referred to as the victim], who was previously an inmate of the Nari Niketan, Sector 26, Chandigarh and has presently been shifted to Ashreya - a Home for the mentally challenged, located in Sector 47, Chandigarh. The medical termination of pregnancy of the victim has been sought on the strength of the medical opinion dated 27.5.2009 given by the Multidisciplinary Medical Board of the Government Medical College and Hospital, Sector 32, Chandigarh.2. The following facts would unfold the pathetic story of physical and mental abuse of a hapless girl in a Government-run Institute:[a] The victim, an orphan, was under the guardianship of New Delhi Missionary of Charity till 28th December, 1998. It appears that as per the records maintained by the Missionary of Ch...
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Reported in : AIR2009NOC2988(F.B)(P&H)
1. Hearing this petition, has been an experience of sorts. Sentiments and emotions were on a high. We were under an international scanner. Letters were addressed to the members of the bench individually, as well as, collectively. A lot of these letters came from overseas. Some of the communications were addressed to the Chief Justice of this Court, and were forwarded to us for our consideration. The media covered the hearings from day to day, and in doing so, reported the issues canvassed, as it perceived them. The issue under the scanner was an aspect of a religious belief i.e. whether maintaining hair unshorn is an essential/important tenet of the Sikh religion. Based on media projections, individual sentimentalities were aroused. Depending on what was reported, reaction of readers, who thronged the court, varied from day to day. Intellectuals, Sikh scholars, and preachers of the Sikh religion, attended court proceeding, to have a first hand account of what was going on. While not ag...
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Reported in : (2008)152PLR143
Permod Kohli, J.1. Invoking revisional jurisdiction of this Court under Section 15(5)of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act'), landlady has filed this Revision challenging the findings recorded by the Rent Controller, Faridkot and the Appellate Authority dismissing the eviction petition. It is necessary to briefly refer to the facts on record.2. The petitioner-landlady (hereinafter referred to as 'the landlady') filed Eviction Petition under Section 13 of the Act against Respondents No. 1 and 2 are the tenants in the shop and gallery situated in Moti Bhur Bazar, Kotkapura bearing Municipal No. B-VI/97. The premises was purchased by the landlady and her husband's brother Sunil Kumar respondent No. 3 in the Eviction Petition from S.S. Jain Sabha. Respondents No. 1 and 2 were tenants under Jain Sabha and after the purchase of property by the landlady and Sunil Kumar, they have attorned them as landlord.3. The landlady filed the Eviction Pe...
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Reported in : (2008)149PLR389
..... the area greener. large dams can also become instruments in improving the environment, as has been the case of western rajasthan, which transformed into a green area because of indira gandhi canal which draws water from bhakra nangal dam. this project not only allows the farmers to grow crops in deserts but also checks the spread of thar desert in the .....
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Reported in : (2005)139PLR400
..... the tenant to continue in possession of the premises after the termination of the term because of the great difficulty of their obtaining an alternative accommodation.39. in madhubhai amathalal gandhi v. union of india9 a.i.r. 1961 s.c. 21,there was a challenge to the notification dated 31.8.1957 issued under section 4 of the securities contracts ..... bombay, a.i.r. 1961 s.c. 4;(vi) p.j. irani v. state of madras and anr., a.i.r. 19061 s.c. 1731;(vii) madhu lal amath lal gandhi v. union of india, a.i.r. 1961 s.c. 21;(viii) hindustan lever v. hindustan lever mazdoor sabha, 1994 suppl. 1 s.c.c. 1;(ix) u.p. avas .....
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