Court : Punjab and Haryana
..... , under the rules of 2011 as well as provisions of 2008 act, and also considering the admitted position that petitioner-company was in possession of land, it is indeed apparent that petitioner-company was entitled for allotment of land qua the portion in which it was in occupation as it falls under the definition of "unauthorized occupant" as envisaged in section 2(k) of 2008 act, as amended in 2010, and a finding of fact has been recorded by ..... such cases where it seems or it is found apparent from the record that an allotment has been made by the officers concerned beyond the purview or scope of the act or where any of the provisions of the 2008 act (as amended in 2010) or rules made thereunder have been violated. ..... 2008 act, as amended in 2010, the state government has been conferred with wide powers to call for the record at any time in any proceeding under the act and further to pass such order in relation thereto as in its opinion, the circumstances would require and is not inconsistent with any of the provisions contained in the act or ..... sufficient time to the petitioner-company for the payment of the aforesaid amount by following the provisions of 2008 act as amended in 2010 along with 2011 rules. ..... (b) as per the amended section 4 of the 2008 act (amendment made vide notification dated 06.04.2010), it was made clear that section 4-power to transfer evacuee property (1) notwithstanding anything to the contrary contained in any judgment, order, decree or decision of a court of .....
Tag this Judgment!Court : Punjab and Haryana
..... the appellant, sukhwinder singh, aged about 22 years, was held guilty for the offence punishable under section 18 of the narcotic drugs and psychotropic substances act, 1985 (for brevity, the ndps act ) and ordered to undergo rigorous imprisonment for ten years, besides payment of fine of `1,00,000/- and in default thereof to undergo further rigorous imprisonment for one year.2. ..... commercial ; as per appendix-i appended to the ndps act, the punishment of the appellant could be rigorous imprisonment up to ten years and he could be burdened with a fine up to `1,00,000/- only; and that the learned trial court had not considered the amendment in the ndps act carried in the year 2001 and presumed that the ..... cra-s-1763-sb-2003 (o&m) 7 this act shall be disposed of in accordance with the provisions of the principal act as amended by this act and accordingly, any person found guilty of any offence punishable under the principal act, as it stood immediately before such commencement, shall be liable for a punishment which is lesser than the punishment for which he is otherwise liable at the date of the commission ..... of the narcotic drugs and psychotropic substances (amendment) act, 2001 (9 of 2001) is reproduced below ..... and the judgment of conviction and the order of sentence was passed on 23.7.2003; in the meantime in the year 2001, the ndps act was amended and the quantity of 2 kgs. ..... provisions of non- commercial quantity as per the amendment carried out in the ndps act in the year 2001. .....
Tag this Judgment!Court : Punjab and Haryana
..... before this court has vehemently argued that entitlement rules for casualty pensionary awards, 1982 issued on 22.11.1983 as amended on 21.08.1984 explains the duty period and also the injuries suffered on duty period. ..... 28th november 1962 in exercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950), the central government hereby declares that all persons subject to that act, who are not on active service under clause (i) of section 3 thereof, shall, wherever they may be serving, be deemed to be on active service within the meaning of that act for the purposes of the said act and of any other law for the time being in force. . ..... it is argued that the military service is not defined but in terms of section 3(i) of the army act, 1950 (for short the act ), the expression active service is defined to mean if a diwakar gulati 2014.05.30 10:18 i attest to the accuracy and integrity of this document cwp no.17792 of 2013 5 person is attached to, or forms part of, a force which is engaged in operations against an ..... that during leave, the personnel of armed forces are liable to maintain discipline and are governed by the provisions of the army act, 1950 or the rules framed there under and in a case of any misconduct, liable to be proceeded against. ..... more liberally to diwakar gulati 2014.05.30 10:18 i attest to the accuracy and integrity of this document cwp no.17792 of 2013 3 the claimant in cases occurring on active service as defined in the army/navy/air force act. .....
Tag this Judgment!Court : Punjab and Haryana
..... discharged, or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person: (i) who is subject to the air force act, 1950 (45 of 1950).or the army act, 1950 (46 of 1950).or the navy act, 1957 (62 of 1957) (; or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or iv) who, being employed in a ..... learned single judge of hon'ble allahabad high court in r.k.tyagi (supra).the same is not applicable to the instant case, as it was decided under section 2 (z) of the uttar pradesh industrial disputes act, 1947 wherein by virtue of amendment, persons working supervisory in capacity are kumar dinesh 2014.02.19 13:58 i attest to the accuracy and integrity of this document high court,chandigarh lpa no.1882 of 2013(o&m) --5-- specifically included in the definition of workman ..... has been made under section 25-f of the industrial kumar dinesh 2014.02.19 13:58 i attest to the accuracy and integrity of this document high court,chandigarh lpa no.1882 of 2013(o&m) --2-- dispute act, 1947 (for short 'the act').matter was sent to the labour court for adjudication. ..... upon m/s avery india limited versus presiding officer, labour court-ii, faridabad and another 2009 (6) slr734and arvinder kumar sharma versus management of m/s.gujarat ambuja and others 2005 (2) shimla l.j.1474. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is contended by learned counsel for the petitioner, during the cours.of hearing that power under section 42 of the act can be exercised at any time but such power is restricted to correction of mistake but not to alter the scheme ..... the relevant extract from the scheme which is being sought to be amended read as under:- the shamlat deh which has now been left and the deduction of this area shall be made according to their respective shares from the area of the right-holders ..... writ petition is to order passed by the learned additional director consolidation of holdings, punjab (annexure p/1) in exercise of powers under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 cancelling the area reserved for charand and the consolidation scheme in the village be amended accordingly. ..... passed by the additional director is not sustainable inter alia for the reason that the respondents have invoked the jurisdiction of additional director after 34 years and that too to seek amendment of the scheme which is not permissible. ..... we find that the order passed by the additional director, consolidation of holdings, punjab (annexure p/1) so as to distribute the land amongst the right-holders after amending the scheme is not sustainable. ..... be identified and determined for the purposes of reversion to the right-holders.area reserved for the charand (pasture) in the scheme has been cancelled and the consolidation scheme of the village is amended in this extent. .....
Tag this Judgment!Court : Punjab and Haryana
..... while section 2(g)(vi) has been substituted with effect from the date of the amending act, that is, when it was published on 12.2.1981, by virtue of section 4 of the amending act of 1981, for section 13, new section 13 was substituted with effect from the 4th day of may, 1961 and similarly by virtue of section 5 of the amending act, for existing sections 13-a and 13-b new section 13-a to 13-d were substituted with ..... the appellants that the suit land is excluded from the definition of shamlat deh and could not be given by the village panchayat to the respondents under section 5-a of the act because in view of the interpretation of section 2(g)(vi) of the act as given above, the suit land has to be excluded from the definition of shamlat deh in view of the finding of the courts below that evidence available on record ..... decrees: the contentions, however, have been controverted by the learned counsel representing the respondents and it has been argued that the amendment of the act is retrospective in nature and kant nirmal 2013.09.02 17:08 i am the author of this document high court chandigarh rsa no.2890 ..... therefore, both on the interpretation of the provisions of the amending act, as also in the light of the objects of the amendment act, the amendment of clause (vi) is prospective and it saves the land which is outside the abadi deh and was put to kant nirmal 2013.09.02 17:08 i am the author of ..... haryana, 2005(2) rcr (civil) 744, pertaining to the question where amendment of statutes .....
Tag this Judgment!Court : Punjab and Haryana
..... any leniency towards petitioner's conduct is bound to encourage others to commit similar or more serious acts of indiscipline and misconduct which will not be in public interest as it is bound to undermine discipline, devalue and erode the efficacy of the armed force and shake the confidence of the ..... of the union as the armed forces i.e.army, air force, navy and para military forces are grouped together as per entry 2, list 1 of the 7th schedule and the provisions of article 311 of the constitution of india are not applicable ..... bn, crpf while functioning as a member of the force on 18.11.1989 committed misconduct in his capacity as a member of the force u/s 11(1) of crfp act, 1949 in that he on 18/11/89 consumed alcohol unauthorisedly from a local vend. ..... amendment as the crpf has been ..... this minot act of misdemeanot has resulted into total unreasonable and disproportionate punishment even assuming that the ..... the petitioner was posted at moga and was charge-sheeted under section 11(1) of the central reserve police force act, 1949 (hereinafter referred to as the act . ..... a judgment of hon'ble supreme court in ram kishan versus union of india (1995) 6 scc 157.in which the delinquent was found guilty of rude behaviour and charged with an act of misconduct. ..... a fact that the petitioner went out of the company lines on 18.11.1989 and consumed alcohol unauthorisedly from a local vend in which he committed misconduct in his capacity as member of the force under section 11(1) of crpf act, 1949. .....
Tag this Judgment!Court : Punjab and Haryana
..... , discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-- (i) who is subject to the air force act, 1950 (45 of 1950).or the army act, 1950 (46 of 1950).or the navy act, 1957 (62 of 1957).or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or lpa no.401 of 2010 (o&m) [8].lpa no.1437 of 2010 (o&m) lpa no.1567 of 2011 (o&m) lpa ..... a person who is doing the supervisory work, though is treated as workman, however, in case his salary is more than `1,600/- (though this provisions is amended vide act no.24 of 2010 raising the limit of `1,600/- to `10,000/-, at the relevant time the ceiling of `1,600/- prevailed).in that case, he would not be ..... the history of the provisions of section 2(s) of the act as amended from time to time. ..... it was further held that since the termination was in violation of the provisions of section 25-f of the act as no retrenchment compensation or notice of retrenchment was given at the time of termination of their services, termination was ..... 401 of 2010 (o&m) [ 10 ].lpa no.1437 of 2010 (o&m) lpa no.1567 of 2011 (o&m) lpa no.1443 of 2010 (o&m) ***** act, that the employee is discharging the duties of the nature specifically stipulated in section 2(s) of the act, namely, manual, skilled, unskilled, technical, operational, clerical or supervisory. .....
Tag this Judgment!Court : Punjab and Haryana
..... first proviso to this section lays down that the share capital contribution by the government shall not exceed 25% of the paid up share capital he relies on second proviso of section 29 of the act to contend that there is necessity of professional directors on board and the respondent- society being a marketing society would be best administered with the aid and advice of two agriculture/marketing experts provided ..... cooperative societies for approval and was approved with the following caution; words have been written in hindi which read as under:- ein bye-laws mey act tatha rules ki koi ulanghana nahi hai he, therefore, argues that the bye-laws have to be consistent with the rules and even though the bye-laws are prior ..... that there is no provision under section 29 (4) of the haryana cooperative societies act, 1984 (for short the act) to nominate non-official members since the clause for nomination/cooption under the act stands omitted by haryana act no.19 of 2006 and because of the amendment, there is no provision of co-option in cooperative marketing societies. ..... aggarwal, learned counsel has taken me to the various amendments in the act to impress upon this court that wherever the legislature wanted co-option, it has spoken and has specified, to wit in the second proviso to ..... effect of byelaw 30 of the bye-laws of the respondent-society in the context of amendment of 2006 to the act. ..... amendment has deleted section 29(4) of the act ..... by amendment to the act which came into effect from .....
Tag this Judgment!Court : Punjab and Haryana
..... an amendment was carried out by the government of haryana in the haryana general sales tax act, 1973 (hereinafter referred to as the 1973 act) vide notification dated 26.6.2001, omitting the entry with regard to imfl in schedule b and inserting the same in schedule c of the 1973 act, thereby imposing sales tax on the imfl sale price of which was more than rs. ..... the excise and taxation commissioner, haryana in its impugned order dated 13.6.2005 has recorded finding of fact that the petitioners have sold imfl to its customers at an enhanced rate. ..... brief facts of the present case are that petitioner was having l-1 and l-2 licences under the punjab excise act, 1914 (hereinafter referred to as the 1914 act) , for the licencing period april, 2001 to march, 2002. ..... a division bench of this court vide order dated 9.2.2005 having recorded the statement given by the senior deputy advocate general, haryana, directed the excise and taxation commissioner, haryana, to pass fresh order in the backdrop of refund granted to other similarly situated companies i.e. ..... present writ petition is filed challenging order dated 13.6.2005 (annexure p-12) refusing to grant refund of rs. .....
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