Court : Punjab and Haryana
Decided on : Jan-23-2008
Reported in : (2008)150PLR421
..... and permissible under the medical termination of pregnancy act, 1971.12. so also, the surgeon cannot be held liable in contract unless the plaintiff alleges and proves that the surgeon had assured 100% exclusion of pregnancy after the surgery ..... menstrual cycle, it is expected of the couple to visit the doctor and seek medical advice. section 3(2) read with explanation ii thereto, of the medical termination of pregnancy act, 1971 provides under the law, a valid and legal ground for termination of pregnancy. if the woman has suffered an unwanted pregnancy, it can be terminated and this is legal .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-24-2008
Reported in : (2008)151PLR14
..... pay the duty.provided that the collector shall, within a period of two years from the date of the commencement of the indian stamp (haryana amendment) act, 1973, also be competent to act as aforesaid in respect of the instruments registered on or after the first day of november, 1966 and before the first day of october, 1970.( ..... deed executed finally on 10.10.2005. the appellant cannot take undue advantage of this benevolent allotment made by the rehabilitation department to the family due to their displacement from west pakistan. in fact ..... executed immediately in favour of the concerned party. this is exactly similar case in which the conveyance deed has been executed by the rehabilitation department, in october, 2005 in favour of the father of the appellant, who wanted to purchase the land long back but due to various reasons including litigation etc. he got the sale .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-25-2008
Reported in : (2008)IILLJ814P& H; (2008)149PLR745
..... 11.12.2000. the relevant part of the circular reads as under:3. ...having regard to this, banks have been advised to incorporate the following amendment to regulation 28 of the pension regulations:superannuation pension shall be granted to an employee who has retired on his attaining the age of superannuation specified in ..... had put in more than 15 years of service....therefore, in order to confer pensionary benefit on such employees, provisions of regulation 28 of pension regulations were amended. the petitioner having not fulfilled the stipulated condition of minimum service, his request was rightly declined by respondent bank vide letter dated 23.4.2001.7. ..... regulation 28 of pnb (employees) pension regulation 1995 in terms of the provisions contained in banking companies (acquisition & transfer of undertaking) act, 1970 pending above amendment to regulation 28 of pension regulation 1995, it has been decided to allow superannuation pension to those employees who are pension optees with .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-31-2008
Reported in : (2008)149PLR735
..... authority and that is one where the prejudicial material against the delinquent is all the more pronounced. after considering various judgements, the court found that forty-second amendment has deleted the second stage of the inquiry which would commence with the service of a notice proposing one of the three punishments mentioned in article 311(1) ..... to show that by non furnishing of such a report he has been prejudiced. in u.p. state spg. co. ltd. v. r.s. pandey : (2005)8scc264 , hon'ble supreme court held that in all cases where enquiry officer's report is not furnished to the delinquent employee in the disciplinary proceedings, the court should ..... an opportunity of representing against the penalty proposed. such provision has not been found to be ultra vires. what has been found is that before disciplinary authority acts on the inquiry report, an opportunity is required to be granted to the delinquent against the findings recorded by the enquiry officer. the finding in jitender singh' .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-31-2008
Reported in : (2008)149PLR742
..... the petitioner is net qualified and available, still the selection committee has reported that none of net qualified person was available. the said recommendation of the selection committee is patently contrary to the record. thus, we are unable to hold the action of respondents no. 3 and 4 in recommending respondent no. 5 to the post of lecturer ..... in business administration for bba course as fair or reasonable. the same is patently arbitrary and does not reflect the correct factual position as well. still further, the record of selection committee does not show as to the manner of adjudging the ..... institute in the matter of appointment of teaching faculty cannot be said to beyond the jurisdiction of this court.11. in zee telefilms limited v. union of india (2005) 4 scc 670, hon'ble supreme court has held that when a private body exercises its public functions even if it is not a state, the aggrieved person .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-14-2008
Reported in : (2008)150PLR507
..... learned counsel for respondent nos. 1 &2 and 3 have submitted that the public purpose is not static and it could always change provided the state has not acted arbitrarily. referring to the averments made in the written statement filed by respondent nos. 1 and 3 it has been submitted that on account of numerous directions issued ..... under article 226 of the constitution prays for quashing notifications dated 23.2.1994 and 20.7.1994 issued under sections 4 and 6 of the land acquisition act, 1894 (for brevity 'the act') respectively. a further prayer has been made for quashing award dated 16.11.1994 (annexure p.4) passed by the land acquisition collector, sonepat, ..... issued on 23.2.1994 (annexure p.1). the petitioner alongwith others was afforded an opportunity of hearing under section 5a of the act and thereafter declaration under section 6 of the act was issued on 20.7.1994. the purpose of acquisition declared in the notification was the construction of fruits and vegetable complex at kundli .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-21-2008
Reported in : (2008)214CTR(P& H)561; [2008]300ITR186(P& H)
..... as reported in (2003) 260 itr 139 and (1986) 158 itr 88, respectively, are extracted below:clause 15 seeks to amend section 36 of the income- tax act relating to certain other deductions allowed under that act.under the existing provision contained in clause (iii) of sub-section (1) of the said section, deduction of interest is ..... borrowed for acquisition of the asset till the date on which such asset was first put to use.this amendment will take effect from ist april, 2004 and will, accordingly, apply in relation to the assessment year 2004-2005 and subsequent years.xx xxx xxx xxx xxxmemorandum explaining the provisions of the finance bill, 1986, reported as ..... jute mills : [1982]135itr736(cal) .while dealing with an identical issue, calcutta high court in jct ltd. v. deputy commissioner of income-tax and anr. : [2005]276itr115(cal) , decided the issue in favour of the revenue and against the assessee by holding that even in cases of expansion of existing business, the interest paid or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-03-2008
Reported in : (2008)149PLR276
..... petition (p-16).6. faced with this situation, the petitioner and her sons sent a legal notice dated 10.3.2005 (p-17). alongwith the legal notice they had also attached copies of documentary evidence to show and prove that late shri surjan singh was a freedom fighter. the ..... it was during the execution proceedings that shri surjan singh died on 18.2.2000. learned civil judge sustaining the objection raised under section 4 of the pension act, 1871 dismissed the execution petition. thereafter, the petitioner filed the present petition after his legal heirs have made various representations and sent legal notice. it is also ..... petition dated 15.5.2004, under section 47 read with section 151 c.p.c., on technical ground taking the stand that under section 4 of the pension act, 1871, the civil court had no jurisdiction to try and decide the case. resultantly, on 13.9.2004, civil judge (senior division), amritsar, dismissed the execution .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-08-2008
Reported in : (2008)151PLR48
..... on september 10, 2007, she was declared elected. it is this order passed on september 10, 2007, which has been impugned in the petition by way of amendment. 14. i have heard shri ashok aggarwal, learned senior counsel with shri mukul aggarwal and sh. sanjiv thakur, advocates, for the petitioner and shri randeep singh ..... votes. 5. aggrieved against the judgment of learned single judge of this court passed in civil writ petition no. 172 of 2006, the petitioner preferred letters patent appeal no. 140 of 2006 before this court, where the judgment of learned single judge was upheld vide judgment dated november 23, 2006. further it is ..... allegations against the petitioner and requested for recount of votes. thereafter, respondent no. 2 filed an election petition on may 2, 2005 under section 176 of haryana panchayati raj act, 1994 (for short the act) alongwith application for recounting of votes. the application filed by respondent no. 2 for recounting of votes was allowed by learned additional .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-15-2008
Reported in : (2008)150PLR326
..... as to statutory corporations.(1) save as otherwise expressly provided by the foregoing provisions of this part, where any body corporate constituted under a central act, state act or provincial act for the existing state of punjab or any part thereof serves the needs of the successor states or has, by virtue of the provisions of ..... owned by the panjab university do not fall within the definition of premises as contained in the public premises (eviction of unauthorised occupants) act, 1971 (hereinafter called the act) and as such the estate officer appointed by the panjab university had no right to initiate eviction proceedings against the petitioner.on his own ..... does not suffer from any jurisdictional error and the estate officer, panjab university has rightly assumed the power under the public premises (eviction of unauthorised occupants) act, 1971. as the matter is still pending before the estate officer, we refrain from expressing any opinion on merits lest it may result in prejudice to .....
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