Court : Punjab and Haryana
Reported in : 2003(2)ARBLR645(P& H); 2003(3)KLT397
..... , no real alternative, or did not in fact assent or appear to assent to the unfairterms,' there is a statute in the united states called the universal commercial code which is applicable to contracts relating to sales of goods. though this statute is inapplicable to contracts not involving sales of goods, it has proved ..... enabling the financier and permitting him to forfeit the payments already made is valid. in my view, such an agreement would be void. section 74 of the act provides compensation for breach of contract. the party complaining breach of contract is entitled to receive from the party, who breaches the contract, reasonable compensation not ..... against the termination; and thereupon the hirer shall continue in possession of the goods as if the agreement had not been terminated. 22. relief against termination for unauthorised act or breach of express condition.- where a hire-purchase agreement has been terminated in accordance with the provisions of clause (a) or clause (b) of sub- .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1995)109PLR327
..... was passed without issuing any notice to the earlier landowners with a further prayer that the plaintiffs be put in possession, having been dispossessed in may, 1985. as per narration in the plaint, the plaintiffs are stated to have purchased the land from baldev singh s/o jagir singh who got it from ..... law. according to the appellants, the lower appellate court has misread the material evidence and further misconstrued the impugned order passed by the authorities under the relevant act and scheme. elaborating, the learned counsel for the appellants, highlighted the salient facts of the case before invoking the statutory provisions and the judicial pronouncements in ..... interested persons were entitled to be heard before any order infringing their rightful claim could be passed by the authorities under the haryana ceiling on land holdings act/haryana utilisation of surplus and other area scheme. resultantly, the suit of the plaintiffs was decreed as prayed for.7. the findings of the lower .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR238
..... , writ petition (civil) no. 749 of 1995, decided on 29.11.1996). the earlier decision of this court in state of bihar v. banshi ram modi, 1985(3) s.c.c. 643 has, therefore, to be understood in the light of these subsequent decision. we consider it necessary to reiterate this settled position emerging from ..... dictionary meaning. this description covers all statutorily recognised forests whether designated as reserved, protected or otherwise for the purpose of section 2 (i) of the forest conservation act. the term 'forest land' occurring in section 2 will not only include 'forest' as understood in the dictionary sense, but also any area recorded as forest ..... not been rejected in writing within the statutory period of 90 days of its submission as required under the provisions of the punjab new capital periphery control act, 1952. consequential relief of permanent injunction was also sought 'restraining the defendants and their agents from interfering in any manner in the works undertaken by the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)138PLR651
..... k. natarajan and ors., a.i.r. 1988 supreme court 616, lakshmi charan san and ors. v. a.k.m. hassan uzzaman and ors., 6 a.i.r. 1985 supreme court 1233 and manda jaganath v. k.s. rathnam and ors., 1 j.t. 2004(5) supreme court 8, that the election process had commenced and even if ..... judicial intervention at initial stage if is likely to interrupt, obstruct or protract the election proceedings, then it should be deferred. the court must be very circumspect and act with caution while entertaining any election dispute. subject to these limitations, the orders of the election commissioner are open to judicial review on the well settled parameters and ..... and the order passed by the deputy commissioner was ineffective in law and without any basis. the chief commissioner exercised his powers under section 47-a of the act in passing the order dated 22.6.2004 and as the deputy commissioner completely disobeyed the orders and created much obstruction in completion of the election process, the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)104PLR43
..... indicated by the collector. after remand, the assistant collector decided all the issues in favour of gram panchayat and the suit was again decreed vide judgment dated 31.7.1985. once again, respondent no. 3 carried an appeal against the aforesaid judgment which was allowed on 18.3.1986, (annexure p-5) it is this order which ..... its gram sabha or the concerned block development and panchayat officer. social education and panchayat officer and not independently by a panch. section 13 a of the act entitles the panchayat and its officers to ask for the determination of the rights of the panchayat many land or immovable property. reading of section aforesaid makes it ..... also that the earlier proceedings! between the parties culminating into an order passed by the collector rejecting the application of the gram panchayat under section 7 of the act would operate as res judicafa.6. after hearing the learned counsel for the parties and going through the records, i am of the considered view, that the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2001(75)ECC518; 2002(140)ELT56(P& H)
..... provision requiring the payment of interest on central sales tax. there is, therefore, no substantive provision in the central sales tax act which obliges the assessee to pay interest on delayed payment of central sales tax.' 17. in view of the above discussion and ..... . by an order dated 1.2.1985, a division bench passed the ..... the 1966 act, the parliament enacted vegetable oils cess act, 1983 (for short, 'the 1983 act') which came into force with effect from 1.1.1984. the petitioner challenged the vires of the 1983 act by filing c.w.p. no. 458 of 1985 and also ..... applied for stay of the recovery of cess in accordance with the provisions of the 1983 act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)115PLR34
..... submitted a written complaint to the s.s.p. to register a case against the petitioner under the provisions of section 7 of the act read with clause 19(1) of the fertilizer control order, 1985 (for short 'the control order'). on the basis of this letter f.i.r. no. 53 dated 7.4.1993 was registered at ..... any action against the petitioner under the aforesaid notification and for quashing the f.i.r. registered under section 7 of the essential commodities act read with clause 19(1) of the fertilizers control order, 1985, referred to above.3. the case set up by the petitioner tarsem singh in the writ petition is that he is the employee ..... military operation. in exercise of the powers under section 3(1) of the essential commodities act, 1955 (for short 'the act'), the central government issued the impugned notification dated 25.9.1985, which was published in the gazette of india, whereby 'the fertilizers control order 1985' has been enacted and brought into force. according to clause 19(1) of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)124PLR832
..... . 102/- and rs. 68/-per square yard adopting the belting system. ex. pk is another judgment of tiles learned district judge where for the notification dated 27.1985 claimants were awarded rs. 170/-, rs. 127.50/- and rs. 85/- per square yard respectively for their respective lands while applying the belting system again. ex. ..... rs. 65,000/- per acrethe claimants felt totally dis-satisfied from the amount of compensation awarded to the claimants and preferred references under section 18 of the act. the various references of the claimants were disposed of by the learned additional district judge, vide 9 different judgments. in these judgments the learned district judge/ ..... an intention to achieve the public purpose for developing and utilising the land for development of industrial area in sector 32 under the haryana urban development authority act, 1977, acquired 294.04 acres of land in the revenue estate of village jharsa, tehsil and district gurgaon. the notification in this regard was issued .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1999]96CompCas798(P& H); (1998)118PLR681
..... placed on record, permission to the official liquidator to file and defend the proceedings on behalf of the company under section 457 of the companies act, 1956, was granted by the court vide order dated october 11, 1990, passed in company petition no. 82 of 1990. on these ..... dates. the supply of the material in question was allegedly made to the respondent-company on may 7, 1985, part payment of rs. 14,000 was received on july 27, 1985, the petition for winding-up was presented in court on july 11, 1988, and the company was ordered ..... 3. on the merits, it was stated that the respondent industry came into being on may 9, 1985, when it obtained sales tax registration. the respondent-company had advanced a sum of rs. 14,000 to start trial production on july 27 ..... , 1985, to its bangalore office, but the petitioner-company failed to supply the material against the said payment in spite of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1988]64CompCas113(P& H)
..... non-fulfilment of a continuing obligation or continuing business without filing of such returns becomes a continuing offence. it was further held that when section 162 of the act prescribed the penalty of fine ' which may extend to fifty rupees for every day during which the default continues,' it merely prescribes the measure of penalty. such ..... involves a penalty, the liability for which continues until the rule or its requirement is obeyed or complied with '. it was observed that section 159 of the act, which requires every company to file with the registrar the particulars specified in the section in the form of a return within sixty days from the date on ..... reiterated by the calcutta high court subsequently in nripendra kumar ghosh v. registrar of companies, west bengal [1985] 58 comp cas 672.7. similar penalty being provided for the non-fulfilment of the requirement of section 220 of the act in section 162, the failure to file balance-sheet and accounts was not considered to be a .....
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