Court : Punjab and Haryana
FAO No.1374 of 1999 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1374 of 1999 Date of Decision.21.05.2013 Chander Kanta Verma wd/o W.C. Verma son of Nand Lal and others .....Appellants Versus Arun Kumar Nepali son of Narain Bahadur and others .......Respondents Present: Mr. Anil Khetarpal, Advocate for the appellants. Mr. Paul S. Saini, Advocate for respondent-insurance company. None for other respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1 Whether Reporters of local papers may be allowed to see the judgment ?. Yes 2. To be referred to the Reporters or No.?. Yes 3. Whether the judgment should be reported in the Digest?. Yes -.- K. KANNAN J.(ORAL) 1. The appeal comes out of an order of dismissal of a claim petition made under the Motor Vehicles Act for death of a person by the use of a mechanical contrivance which the petitioner claimed was a motor vehicle. The contention of the respondents was that the machine was not a motor vehicle under the Act ...
Tag this Judgment!Court : Punjab and Haryana
1 CR.A.No.292-DB of 2009, CR.A.No.632-DB of 2008 & CR.A.No.725-DB of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:25. 02.2014 CR.A.No.292-DB of 2009 Abdul Latif Adam Momin Appellant Versus Union of India through Central Bureau of Investigation Respondent Present: M/s R.S.Bains & B.S.Sodhi, Advocates, for the appellant. M/s Sukhdeep Singh Sandhu & Y.K.Saxena, Advocates, for the respondent. CR.A.No.632-DB of 2008 Bhupal Man Damai @ Yusuf Nepali & another Appellants Versus State of Punjab Respondent Present: Mr. N.S.Swaitch, Advocate, for the appellants. M/s Sukhdeep Singh Sandhu & Y.K.Saxena, Advocates, for the respondent. CR.A.No.725-DB of 2008 State through Central Bureau of Investigation Appellant Versus Abdul Latif Adam Momin Respondent Present: M/s Sukhdeep Singh Sandhu & Y.K.Saxena, Advocates, for the appellant. M/s R.S.Bains & B.S.Sodhi, Advocates, for the respondent. Kumar Vimal 2014.02.25 13:46 I attest to the accuracy and integrity of this documen...
Tag this Judgment!Court : Punjab and Haryana
Crl.A.No.D-765-DB of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.A.No.D-765-DB of 2009 Date of Decision : 23.5.2014 Pushpinder Singh @ Noni and others .......Appellants Versus State of Punjab ......Respondent CORAM: HON'BLE Mr.JUSTICE SATISH KUMAR MITTAL HON'BLE Mr.JUSTICE KULDIP SINGH Present:- Mr.Vinod Ghai, Senior Advocate, with, Mr.Simrandeep Singh, Advocate, for the appellants. Mr.P.P.S.Tethi, Additional Advocate General, Punjab, for respondent-State. KULDIP SINGH, J. This judgment will dispose of CRA No.D-765-DB of 2009, filed by accused/appellants Pushpinder Singh @ Noni, Kulwinder Singh @ Kinda, Vishal Arya @ Sonu Nepali and Sukhjit Singh @ Kaka against the judgment and order dated 10.8.2009, passed by the learned Additional Sessions Judge, Jalandhar, vide which the accused Kulwinder Singh @ Kinda was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and fine of Rs.5,000/-, in default thereof, to further undergo rigorous impri...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2002CriLJ3426
ORDERR.C. Kathuria, J.1. The petitioner seeks quashing of the order dated 18-10-2001 (Annexure P5) passed by Shri R.C. Godara, Additional Sessions Judge, Chandigarh, dismissing the application dated 3-9-2001 (Annexure-P4) filed by the petitioner seeking direction to the prosecution to hold identification parade for identifying the petitioner by the three eyewitnesses in the case titled State v. Raju Gurung bearing FIR No. 73 dated 13-4-2001 registered under Sections 308 and 506, I.P.C. with Police Station, Sector 19, Chandigarh but at the time of submission of report under Section 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') offence under Section 304, I.P.C. was added.2. For the purpose of adjudication of the present petition, a few facts need to be noticed. The present case was registered on the statement of Sitla Parshad resident of village Ramapur, Police Station Amethi, District Amethi (U.P.), who on the date of occurrence was residing in Koth...
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Civil Writ Petition No.28466 of 2013 {1} IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: February 19, 2014 Jasmer Singh ...Petitioner Versus State of Haryana & others ...Respondents CORAM: HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH Present: Mr.R.K.Handa, Advocate, for the petitioner. ***** AUGUSTINE GEORGE MASIH, J.(ORAL) Prayer in this writ petition is for quashing the order dated 19.08.2008 (Annexure P-3) passed by the Superintendent of Police, Panchkula, vide which the petitioner has been dismissed from service, order dated 10.10.2008 (Annexure P-4) passed by the Inspector General of Police Ambala Range, Ambala Cantt. in an appeal preferred by the petitioner, order dated 17.03.2009 (Annexure P-5) passed by the Director General of Police, Haryana rejecting the revision petition of the petitioner and the order dated 15.03.2010 (Annexure P-6) passed by the Financial Commissioner and Principal Secretary to Government of Haryana, Home Department, rejecting the merc...
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Reported in : 2004CriLJ4038
ORDERSatish Kumar Mittal, J.1. The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing of the order dated 12-3-2003 (Annexure P-14) passed by the learned Additional Sessions Judge, Ropar, whereby, while rejecting the cancellation report submitted by the police, a direction has been issued to file the challan in the Court.2. The sole question involved in this petition is whether the Court can issue a direction to the police/investigating agency to file the challan in the Court while rejecting the cancellation report submitted by the police.3. The brief facts of the case are that on 7-1-2000, a dead body was found floating in the village, Khad which was spotted by the inhabitants of the village. Petitioner No. 1, who was an ex-Sarpanch and whose daughter-in-law was the Sarpanch of the village, lodged a DDR to the police regarding the aforesaid dead body. Later on, respondent No. 2 (hereinafter refer...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1985P& H135
M.R. Sharma, J.1. One Surta was the original owner of the land which was being cultivated by Gajpat Singh as a tenant up to 1938. From 1950 onwards the revenue entries show that he was cultivating this land on payment of no rent and regarded himself as owner. On 11th Oct. 1966, Surta made a gift of this land and some other property in favour of Sudhan. Gajpat Singh filed a suit for declaration that he was the owner of this property either by purchase or by adverse possession and so Sutra could not have made a valid gift. This suit was dismissed as having abated on Feb. 27, 1969, and this dismissal of the suit was affirmed in appeal.2. On June 5, 1970, the present suit for possession of land was instituted by Sudhan. It was resisted by Gajpat Singh inter alia, on the ground that he had become the owner of the property by adverse possession. On the pleas raised by the parties, the learned trial Court framed the following issues:--1. Whether the plaintiff is owner of suit land? 2. Whether...
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Reported in : (2008)149PLR606
Rajive Bhalla, J.1. This order shall dispose of CWP Nos. 10864, 20377, 4929 of 2006 and 12602 of 2007, as common questions of fact and law are involved therein.2. The petitioners, herein, are Graduates in Law, having sat for and successfully taken the examinations for Bachelor of Laws from various Universities, duly recognized by the Bar Council.3. The issue, before us, that requires adjudication, is the legality of Rule 2-B of Rule 28(2)(d) read with Section 24(1)(e) of the Advocates Act, 1961 (for short herein after referred to as 'the Act'). The said amendment debars a person, otherwise qualified to be enrolled as an Advocate with a Bar Council, from grant of a licence to practise law, as he has crossed the age of 45. We are called upon to opine as to the legality of the above amendment.4. In these writ petitions, there is no dispute that the petitioners have obtained degrees in Bachelor of Law from Universities, recognized by the Bar Council. It is also not disputed that petitioner...
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S.D. Anand, J.1. Pursuant to the issuance of a notification dated 18.1.2007 by the Election Commission of India (hereinafter referred to as 'the Commission'), elections were announced for electing the representatives to the Punjab Legislative Assembly. Petitioner herein, a nominee of the Shiromani Akali Dal, contested the election from the Nathana Assembly Constituency and ended up as the first runners up, loosing at the hustings to the respondent, a candidate who entered the fray as a nominee of the Indian National Congress. The petitioner polled 52207 votes; while the respondent obtained 58857 votes. Others performed poorly and lost their security deposits.2. The petitioner herein has applied for the invalidation of the result on an averment that the respondent had committed gross corrupt practices in terms of the provisions of Section 123 of the Representation of People Act, 1951 (hereinafter referred to as 'the Act'). The petitioner cited the following clarificatory instances which...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1991P& H54
ORDER1. In this bunch of writ petitions broadly the challenge is to the 64th amendment of the Constitution; imposition of President Rule in Punjab in May, 1987 andextension thereof; dissolution of the Punjab Legislative Assembly in March, 1988.2. Legal issues raised and posed by these writ petitions are not free from difficulty. The importance of the issues raised gave rise to numerous opinions, and approach to them which need balancing by the judicial mind.3. Though there are some differences and variations in facts, still the material facts are largely common to the writ petitions. Various questions raised in the petitions are so interwoven that their answers depend on each other. It can fairly be stated that the petitions raised common questions of law and fact.4. It would be expedient to succinctly collate the facts from Civil Writ Petition No. 2886 of 1989 filed by Captain Kanwaljit Singh, former Minister (hereinafter referred to as the petitioner).5. The petitioner impugned the i...
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