Court : Punjab and Haryana
Reported in : AIR1974P& H261
..... hereinafter referred to as the act). under that provision, two ordinary fellows, one each from the arts and science departments, were to be elected by readers and lecturers on the ..... 17.3 under which the committee for deciding the election-petition had been constituted, were ultra vires sections 31 and 38 of the act. that judgment is reported as dr. k. l. jaura v. punjab university, (1973) 75 pun lr 833. as stated in paragraph 3 of the report, the first contention of the learned counsel ..... of the punjab university, chandigarh, while respondent 3 is a lecturer in the department of botany in the same university. the election to the senate of the university were held on september 12, 1972, and the petitioner and respondent 3 contested for the seat of an ordinary fellow under section 13(1)(c) of the punjab university act, 1947, ( .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H8
..... the matter. therein a similar reservation of seats in favour of the wards of the university employees was under challenges. this indeed had even the sanction of the vice chancellor under section 11(4) of the nagpur university act, 1974 and allegedly covered by sections 4 and 75 thereof. nevertheless this reservation was ..... businessmen, artisans etc. in view of this discussion, it is clear that by creating four reservations in favour of the wards of the university employees, the university has acted in a discriminatory manner and the principles of equality has not been followed. the discrimination can be seen from the fact that the four students ..... by letter or through press notification and will be required to present themselves before the selection committee on some particular dates. they must bring with them university certificates-matriculation/higher secondary. pre-engineering, b. sc. and other certificates whose copies have been appended to the application etc., in original.'it would .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1993CriLJ498
..... n.k. jain, j.1. this appeal under section 454 cr. p.c. read with section 63(3) of the narcotic drugs and psychotropic substances act, 1985 against the judgment dt. 3-1-89 passed by learned addl. sessions judge, chittorgarh whereby he has refused to release the truck no. del-3097.2. brief facts giving rise ..... committed any offence. thus, it cannot be said that the appellant has not proved that the truck was used without its knowledge or connivance under section 60(3) of the act. on the contrary, the appellant took reasonable precaution while giving truck on hire purchase on agreement. learned public prosecutor has not been able to controvert these facts. thus, in ..... m/s. swaran singh hardayal singh on certain conditions. it was also alleged that the truck was seized in connection with the offence committed under the n.d.p.s. act and the learned addl. sessions judge vide his order dt/ 3-1-89 confiscated the truck and rejected the application of the appellant for release of the truck. hence, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1987P& H5
..... shekar and d. s. gill under sections 124a and 153a, i.p.c. and under s. 4 of the terrorist and disruptive activities (prevention) act, 1985, hereinafter referred to as 'the act'. the petitioner was arrested by chandigarh police on 12-3-1986.22. the petitioner sought bail from the presiding officer, designated court, chandigarh, who declined the ..... powers of the court to grant bail spelled out in view of the special provisions of bail occurring in the terrorist and disruptive activities (prevention) act, 1985 hereafter referred to as 'the act'). w hen the matter, under orders of hon'ble the chief justice, was placed before a division bench consisting of my learned brother d. ..... powers under s. 439, criminal procedure code. the power under the code has by means of s. 17(5) of the terrorist and disruptive activities (prevention) act, 1985 been regulated in the negative by providing a follows:'notwithstanding anything contained in the code;.no person' accused of an offence punishable under this .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)107PLR384
..... have considered the arguments of the learned counsel for the parties and find that the petition deserves to succeed. a bare reading of section 18-a of the act would indicate that if the application discloses such facts as would disentitle the landlord from seeking eviction of the tenant then leave to contest was to be given. from ..... certain persons named in the application. the application under section 18-a of the act was contested and in the reply filed by the respondent the averments made by the petitioner were controverted and in particular it was pointed out that the respondent was ..... possession of eight living rooms in the demised premises it was in fact a case of additional accommodation and recourse to the provisions of section 13-a of the act was not justified. it was also asserted that the solitary purpose for seeking the eviction of the petitioner was that the respondent wished to sell the property to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1998]92CompCas362(P& H); (1998)118PLR687
..... respondent-company specially when such substitution is in furtherance of the order of amalgamation passed under the provisions of the sick industrial companies (special provisions) act, 1985. 21. equally unfounded is the plea raised on behalf of the petitioner-company that acquiescence on behalf of the respondent-company in passing of ..... been operating as a division of cgl. now, therefore, the case no longer requires to be dealt with under the sick industrial companies (special provisions) act, 1985, and is hereby formally closed.' 8. once the final order of merger had been passed, the erstwhile respondent-company would lose its legal or corporate ..... 1995, under section 18(4) read with section 19(3) 6f the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as 'the act'), and modified, vide the said order under section 18(5) of the act has approved amalgamation/merger of northern digital exchanges ltd. (hereinafter referred as 'ndde') with crompton greaves ltd. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)108PLR482
..... september 18, 1986. landowners including lachhman dass gupta sought references under section 18 of the land acquisition act (for short 'the act') and in all there were six references. these were referred to the learned district judge for disposal according the law. the petitioner herein moved applications under order 1 rule ..... orderg.c. garg, j.1. land of lachhman dass, respondent no. 1 herein and of others was acquired by notification dated september 17, 1985 for setting up a hydro-turbines and generator sets project for m/s punjab power generation machines ltd. village channo, tehsil and distt. sangrur. land acquisition collector gave award on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)112PLR184
..... factual matrix of crl. misc. no. 9322-m of 1993 is that the petitioner-accused was arrested under section 15 of the narcotic drugs & psychotropic substances act, 1985 (for short the act) for keeping in his possession 10 kgs of poppy husk without a requisite licence. he was produced before judicial magistrate ist class, mansa, for remand. ..... have made a reference to section 36a(1) (c) and (d) also in section 36d, as both these provisions were amended and added in this act by amending act no.2 of 1989. thus, by giving a harmonious construction to these provisions, in our considered view, special power to order custody of a person accused ..... enactment by supplementing the written words if necessary. when construing statutes enacted in the national interest, we have necessarily to take broad factual situations contemplated by the act and interpret its provisions so as to advance and not to thwart the broad national interest, whose advancement is proposed by the legislation - as per life .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1994CriLJ3366
..... is not put in court within 90 days as section 167(2) proviso is not applicable to proceedings under ndps act.4. the delhi high court by a common order in two petitions filed under n.d.p.s. act, 1985 held that the restrictions placed on the powers of the court to grant bail in certain offences under the ..... amended provisions of section 37 of the ndps act were not applicable to the high court. narcotics control bureau challenged the aforesaid order of ..... contained in code of criminal procedure, 1973 no person accused of an offence prescribed therein shall be released on bail unless the conditions contained therein were satisfied. the ndps act is a special enactment and it was enacted with a view to make stringent provisions for the control and regulation of operations, relating to narcotic drugs and psychotropic .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1999CriLJ3071
..... contrary contained in the code. but once the special court is constituted under section 36 that court alone would have jurisdiction to try the offences under the act save and except those in relation whereto the sessions court has already taken cognizance. it is not necessary to elaborate on when cognizance is understood to ..... no question of the magistrate going through the exercise of committal proceedings as on account of the non-obstante clause in section 36d(1), all offences under the act become triable only by the court of session till the constitution of special courts and thereafter by the special court .....' their lordships further held :- '........ on a ..... department are part of the sovereign functions of the state and it is, therefore, not an 'industry' within the definition of section 2(j) of industrial disputes act, 1947. incidentally, this decision was rendered without any reference to the seven-judge bench decision in bangalore water supply (supra). in a later two-judge bench .....
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