Court : Punjab and Haryana
Decided on : Aug-21-2003
Reported in : (2003)135PLR704
J.S. Narang, J.1. This judgment would disposed of CWP Nos. 423, 1061, 1757, 2103, 4351, 11862, 11906, 12014, 14070, 14230 18135 14230 18135 , 18148, 3783, 4126, 4136, 4151, 4424, 6104, 6311, 7420, 8285, 10882, 10886, 11622, 11744, 12964, 14351, 14584, 15730, 16110, 16409, 18665, 18692, 18838, 19204, 19245, 20293, all of 2002, 414, 1253, 1328, 1528, 1809, 2155, 2170, 2191, 3100, 3238, 3540, 4511 and 13135 all of 2003.2. The facts are being taken collectively and individually wherever required.C.W.P. No. 423 of 2002 Ram Kumar husband of the petitioner suffered kidney fail ure problem and that after having been medically examined by Post Graduate Institute of Medical Sciences (hereinafter referred to as 'PGIMS') Rohtak in the year 1977, was referred to All India Institute of Medical Sciences New Delhi (hereinafter referred to as 'AIMS'). He was examined by Dr. S.C. Dash Professor and Head of Department of Nephrology, AIIMS New Delhi. He advised that the patient required early transplantat...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-07-2003
Reported in : (2003)134PLR651
S.S. Nijjar, J.1. The landlord has filed this rent revision under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1974 (hereinafter referred to as 'the Act'), against the judgment of the learned Appellate Authority, Bhiwani, in rent Appeal No. 16 of 1983 decided on 03.04.1986, affirming the judgment of the learned Rent Controller, Charkhi Dadri, dated 12.09.1983, in Rent Application 201- of 1980.2. The landlord (hereinafter referred to as 'the petitioner), filed an application before learned Rent Controller, Charkhi Dadri, under Section 13 of the Act for the ejectment of the tenant (hereinafter referred as 'the respondent'), in respect of two shops details of which are given in the head note of the application. It was alleged that the respondent had failed to pay the rent from 01.12.1975 till the date of the institution of the application. The second ground was that the premises remained unoccupied by the respondent for more than four months prior to the date of ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-05-2003
Reported in : 2003CriLJ3407
ORDERHemant Gupta, J.1. The Challenge in the present revision petition is to the order convicting the present petitioner for an offence under Section 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1949 (hereinafter referred to as the Act).2. Shri K. K. Maheshwari, District Drugs Inspector, Ambala received an information that the accused had been practicing in drugs without being a registered medical practitioner at village Baragaon. In order to investigate that complaint, the Drugs Inspector along with. Hari Om Parkash Gupta, the then Medical Officer, Civil Hospital Naraingarh and one Khaleel Rehman went to Village Baragan on 15-7-1983 and visited the premises of the accused. The accused was present in his shop along with number of patients. Many allopathic drugs were found lying on the racks and dispensing table in the shop premises. The accused was asked to show his registration certificate or sale licence which could have entitled him to sell or stock or exhibit or offer' for sale...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-25-2003
Reported in : (2004)136PLR99
S.S. Nijjar, J.1. This common order will dispose of the above noted Civil Writ Petitions 11709, 11717, 11916, 11777, 12354, 12129, 12139, 12289, 12302, 12419, 12428, 12702, 13475 and 14006.2. The petitioners, in all these writ petitions, seek the issuance of a writ in the nature of certiorari quashing the Punjab Government Notification dated 25.07.2003, to the extent that it abolishes the Non Resident Indians (hereinafter referred to as the 'NRI') quota for the admissions to MBBS/BDS courses. The petitions further seek a direction that the admissions be made to the Medical and Dental Colleges in the State of Punjab in terms of the Notification of the Government dated 14.5.2003 and on the basis of the Prospectus issued by the Baba Farid University of Health and Sciences on 26.5.2003.3. The facts giving rise to the filing of the writ petitions may be noticed very briefly as all the issues raised are purely legal in nature. Courses leading upto the MBBS/BDS are conducted by Government Col...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-13-2003
Reported in : AIR2004P& H93
M.M. Kumar, J.1. This is defendants appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity the Code) challenging concurrent findings of facts recorded by both the Courts below holding that the plaintiff-respondents being mortgagor of the suit land were entitled to possession of the same by redeeming it from the defendant-appellants, who were the mortgagees. The suit filed by the plaintiff-respondents has been held to be within the period of limitation because the same was filed within a period of seven years next after the commencement of the Limitation Act, 1963 (for brevity the 1963 Act). The suit could have been filed under Section 30 of the Act before 5-10-1970 because the Act has come into force on 5-10-1963 whereas the suit in fact was filed on 12-1-1967.2. The plaintiff-respondents filed a suit for possession by way of redemption on payment of Rs. 7000/- in respect of the suit land. They alleged that one Jalmal Singh s/o Chhatar Singh, the predecessor i...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-25-2003
Reported in : AIR2004P& H67; (2003)135PLR348
S.S. Nijjar, J.1. In December 1988, respondent No. 2 issued an advertisement inviting applications for allotment of residential plots measuring 400, 250, 150 and 100 Square Yards in Sh. Guru Teg Bahadur Nagar Development Scheme (Water Works Road), at Khanna', Distt Ludhiana. The number of plots were not advertised. In the advertisement, it was stated that the allotment would be through draw of lots. The allotment will be made strictly according to Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983 as amended up to date (hereinafter referred to as 'the Rules'). It was also provided that reservation in the categories of Schedule Castes, Backward Classes and other categories would be as per government instructions. Pursuant to the aforesaid advertisement, petitioners No. l to 4 applied for a 400 square yards plot and deposited Rs.8000/- with the Improvement Trust Khanna (hereafter referred to as 'the Trust'). Petitioner No. 5 applied for a 250 square yards pl...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-11-2003
Reported in : (2004)137PLR757
S.S. Nijjar, J.1. The elections to the Punjab Legislative Assembly were held on 7.2.1997. The term of five years was to expire on 14.2.2002. The Election Commission of India announced the Election Programme for the States of Punjab, Uttar Pradesh and Manipur on 25.12.2001. Therefore, the Model Code of Conduct came into effect with effect from 25.12.2001. The Chief Election Officer, Punjab issued the programme for holding elections in all the 117 constituencies of Punjab, including 105 Muktsar Assembly Constituency. The election programme is reproduced as under:-(1) Calling of Constituency 16.1.2002(2) Last date for filing nomination 23.1.2002(3) Date of Scrutiny of nomination papers 24.1.2002(4) Last date for withdrawal of candidatures 28.1.2002(5) Date of Polling 13,2.2002(6) Hours of Poll 8.00 AM to 5.00 PM(7) Date of counting of votes 24.2.2002(8) Date of declaration of result 24.2.20022. After withdrawal of nomination papers, 12 candidates remained in the election contest for the M...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-07-2003
Reported in : (2003)135PLR661
..... 3.2002, fir no.7 was registered at police station, vigilance (mohali) under section 7 read with section 13(2) of the prevention of corruption act, 1998 in relation to the trap organised in which shri ravinderpal sigh sidhu was caught red-handed ..... dei, a.i.r. 1967 s.c. 1269; a.k. kraipak and ors. v. union of india and ors., a.i.r. 1970 s.c. 150 and swadeshi cotton mills v. union of india, a.i.r. 1981 s.c. 818. he then relied on the judgment ..... . v. union of india and anr. etc. etc., 2002(9) scale 501 and order dated 24.12.1999 passed in letters patent appeal no. 431 of 1998. the haryana state cooperative land development bank, chandigarh v. sunil dutta and ors. and others connected ..... % in ba is the poorest.(3) freedom fighter mandeep singh mann in category of freedom fighter (1 post) was given 39 marks to go pat the candidate above him in the written test.(4) handicapped.in this category, the candidates in merit position ..... commission revealed that most of the candidates who paid money had been given very high marks in the interview.(d) those candidates who secured high marks in the written examination were given poor marks in the interview either because they were not to be selected and they had ..... marks to other candidates; leakage of question papers; manipulation of answer scripts and up gradation of marks of less meritorious candidates at the costs of more meritorious candidates. thus, we do not find any justification to nullify the cancellation of selection on the ground that the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-2003
Reported in : 2003CriLJ4483
S.S. Nijjar, J.1. Contemner Kuldip Singh had filed C.W.P. No. 210 of 1998 with the following prayers :--(a) That issue a writ of certiorari quashing the impugned orders dated 2-1-1997 passed by respondent No. 7 : Annexure P-2 and dated 23-5-1997 passed by respondent No. 2, Annexure P-3; OR(b) to pass an appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the present case. '2. He is Ex Secretary of the Saunda Cooperative Credit and Service Society Ltd. (hereinafter referred to as 'the Society'). A reference was made under Sections 102/103 of the Haryana Cooperative Societies Act, 1984 (hereinafter referred to as 'the Act') for arbitration to the Deputy Registrar Cooperative Societies alleging that Kuldip Singh had embezzled an amount of Rs. 1,31,800.97 paise. This embezzlement was detected during the course of audit in the year 1994-95. As Secretary of the Society, the contemner had received cash from members of the So...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-26-2003
Reported in : (2004)ILLJ1133P& H
S.S. Saron J.1. The petitioner has filed the present writ petition for quashing the order dated December 1, 1999, passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Chandigarh, the first respondent (for short 'the Industrial Tribunal'), whereby the application of the petitioner-workman under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), has been dismissed.2. The question which is involved in the present case is whether the petitioner, who is a bank employee, would, in the facts and: circumstances of this case be entitled to benefits other than wages last drawn by him on his reinstatement while stay granted in terms of Section 17B of the Act against his reinstatement by the Industrial Tribunal was operating in the writ petition filed by the second respondent-bank, which has also been ultimately allowed in the Letters Patent Appeal and the matter remitted to the Industrial Tribunal for readjudication an...
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