Court : Punjab and Haryana
Decided on : Oct-22-1991
Reported in : AIR1992P& H194
ORDER1. In this petition under Articles 226 and 227 of the Constitution, the point involved is very short, that is, as to whether the Chandigarh Administration can cancel the allotment of a site if the allottee has failed to abide by the terms and conditions of allotment and there being no clause in the agreement empowering the authorities to forfeit the earnest money deposited by the allottee, can the earnest money be forfeited as a consequence of cancellation of allotment and resumption of site.2. Briefly stated, the Notified Area Committee, Manimajra, in the Union Territory, Chandigarh, allotted two Shop-cum-Flats bearing Nos. 24 and 26 (commercial sites), on free-hold basis in the Motor Market and Commercial Complex at Manimajra, in 1977, in favour of the petitioners. The petitioners had already deposited a sum of Rs. 2,000/- each as earnest money along with the application for allotment. But instead of paying the balance, they approached this Court in 1977 by way of C.W.P. No. 355...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-26-1991
Reported in : AIR1992P& H212
1. The question involved in this case is as to whether document Exhibit P-7 is a licence deed or a lease deed. Both the Courts below holding the same to be a licence deed decreed the suit for possession of the shop as well as for recovery of Rs. 10,080/-, the amount of licence fee. This appeal is by the defendants.2. The property in dispute is described as shop No. 3 forming part of property No. 732 situated on Rishi Daya Nand Road, Ludhiana. Dr. Ravinder Kumar Sharma plaintiff is the owner of the property. He filed the suit for possession of the shop and for recovery of Rs. 10,080/- on account of compensation for use and occupation of the shop for the period from 1-1-1980 to 31-12-1982 at the rate of Rs. 280 per mensem. ManoharWati, mother of the plaintiff, was the original owner. She had gifted the shop in dispute to the plaintiff vide gift-deed dated 29-12-1975. Earlier Madan Lal was carrying on the business of General Provisions (Karyana) in the shop in dispute as a licensee with e...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-22-1991
Reported in : AIR1991P& H289
ORDER1. In Shamlat land of village Peer Mushiala per revenue record of the village, Gram Panchayat has been shown owner in possession of the Shamlat land. The minor mineral, i.e:, sand, Bajri and boulders are contained in the said Shamlat land. Respondent No. 3 Savinder Singh has been getting the lease of the said land for the last about 10 years on payment ofiease money to the State Government. Under the rules, the owner of the land is paid compensation which is about 1/3rd of the lease money. Respondent No. 4 Mr. Suman Singh paid actual compensation of Rs. 5,000/- to the petitioner i.e., Gram Panchayat Peer Mushiala. The lease of respondent No. 4 expired somewhere in March 1987. The petitioner-Gram Panchayat and its residents took a decision that from April/ May, 1987, onwards, they would get the lease for the extraction of minor mineral from the area of village Peer Mushiala. For that pur-ppse, they approached respondent No. 2 that lease for the extraction of minor, mineral of villa...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-14-1991
Reported in : AIR1992P& H294
1. Denial of passport to the petitioner -- Amarjit Singh on the ground that his antecedents were not good cannot indeed be sustained. 2. A reference to the record shows that the petitioner, who had applied for passport was denied it on the ground that as per the report of the Senior Superintendent of Police, Sangrur, his antecedents disentitled him to it. This report of the Senior Superintendent of Police, Sangrur, which has now been placed on record, shows that though there were us many as seven criminal cases registered against the petitioner, the only case in which a conviction was recorded against him, was one under S. 457 read with S.380 of the Indian Penal Code, pertaining to the year 1971. He was sentenced to four months' rigorous imprisonment there under. All the other cases registered against him, thereafter, were either withdrawn, filed as untraced, or those where he was acquitted. The last case registered against him being of the year 1984. Further, the report said that the ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-26-1991
Reported in : [1992]196ITR116(P& H)
J.V. Gupta, C.J. 1. This petition is directed against the order of the executing court dated August 3, 1990, whereby the objections filed on behalf of the judgment-debtor were dismissed. The decree-holder, Messrs. Amar Steel Industries, sought execution of a money decree against Messrs. Gupta Iron and Steel Recoiling Mills and Fabricators, Amloh. In that execution application, ojections were filed that the amount sought to be recovered by way of execution already stands attached by the Income-tax Department and the judgment-debtor was paying the said amount to the Income-tax Department by way of an agreement in instalments. A sum of Rs. 50,000 was paid as lump sum and, later on, some instalments were agreed to between him and the Income-tax Department. It was, therefore, prayed that the execution application was liable to be dismissed. One of the issues was whether the amount of decree has already been attached by the decree-holder and, if so, its effect The executing court did find th...
Tag this Judgment!Court : Mumbai
Decided on : Nov-29-1991
Reported in : 1991(4)BomCR451; 1992CriLJ3752
..... undertake a defence in relation to this serious charge queried counsel. counsel submitted that this is possibly the first case of importance where implication of the amended provisions have come up for serious examination. that heightens our responsibility, in undertaking an evaluation of the contentions. considerable materials in the form of the ..... its incidental observations. thus, for example, the report in paragraph 35.11 makes reference to an amendment made to the code of criminal procedure by bombay act 46 of 1948. it reads as follows :- 'a bombay amendment of the code makes a useful provision conferring power to award costs in proceeding under s. 476 ..... amended rules in that behalf were implemented from the month of october, 1990. as per the assignment of judicial work relating to the original side of this court as from 19th august, 1991, the first court presided over by the learned chief justice was assigned the work of admission of original side appeals including the letters patent .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-04-1991
Reported in : AIR1992SC81; JT1991(4)SC82; 1991(2)SCALE808; (1992)1SCC335; [1991]Supp1SCR387; 1992(1)LC140(SC)
..... and all other posts on promotion will be filled by the criterion of 'seniority-cum-merit'.45. to give effect to that policy decision instead of amending every special rules of recruitment relating to different state civil services, the government made a provision in the general rules by incorporating a non-obstante clause stating ..... dismissed the application filed by the appellant. the tribunal was called upon to construe rule 3(2) of the karnataka civil services (general recruitment) rules, 1977 as amended in june, 1982 (hereinafter referred to as 'the general rules'). the tribunal, after considering the general rules took the view that the non-obstante clause in rule ..... repeal by necessary implication can be inferred only when the provisions of the later act are so inconsistent with or repugnant to the provisions of the earlier act, that the two cannot stand together.31. i am satisfied that there is no patent inconsistency between the general and special rules but on the other hand they co .....
Tag this Judgment!Court : Delhi
Decided on : Apr-19-1991
Reported in : ILR1992Delhi116; 1991LabIC1904
..... down in prem prakash's case (supra)] will be attracted it is also not a case where office memorandum dated 25th april, 1989 brings about any amendment to the rules. this only affects evolution of policy by the concerned department to see that constitutional provision of reservation for scheduled castes and scheduled tribes does ..... support of his arguments on : (1983)iillj23sc y. v. rangaith and others v. j. sreenivasa rao and others, holding that vacancies which occur prior to amended rules would be governed by old rules and not by new rules. although we find justification in the plea of the petitioners [on the strength of prem prakash' ..... liable to be disqualified from entry into service on account of being over age, simply because the high court acted beyond its administrative competence in notifying relaxation of five years beyond the maximum age, without undertaking amendment to the recruitment rules.(102) this, however, does not mean that we endorse the interpretation of the high .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-24-1991
Reported in : (1992)2GLR1146
..... sheet was filed and after committal of the case to the sessions court the accused were charged as per the charge at ex. 1 and amended charge-sheet at ex. 10a. as per the amended charge the accused no. 1 was charged for the offence under section 307 of i.p.c. for causing injuries to dhirubhai. accused nos. ..... venture. such presence of those who in one way or the other facilitate the execution of the common design, if itself tantamount to actual participation in the 'criminal act'. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring such a particular result. such consensus can be ..... of participation in action. it is the essence of this section that the person must be physically present at the actually commission of the crime. common intention implies acting in concert, existence of a pre-arranged plan which is to be proved either from conduct or from circumstances or from any incriminating facts. it is therefore, clear .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-30-1991
Reported in : (1993)2GLR1728
..... was introduced by way of a separate chapter, namely. chapter xxa with the title 'cruelty by husband or the relatives of the husband' by the criminal law (second amendment) 1983 (act no. 46 of 1983) with effect from 25-12-1983.8. the provision contained in explanation define 'cruelty' for the purpose of the substantive provision laying down the ..... under section 302 of i.p.c. and the offence of abetting suicide under section 306 of i.p.c. being entirely different, distinct and inconsistent, it was patently illegal and erroneous for the trial court to club the two inconsistent charges in respect of the said offences. her further submission was that there was no independent, ..... i.p.c. and the offence of abetting the commission of suicide under section 306 of i.p.c. being entirely different, distinct and inconsistent, it was patently illegal and erroneous for the trial court to club the said two offences together.6. it would be appropriate first to deal with the submission with regard to the .....
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