Court : Punjab and Haryana
Reported in : AIR1952P& H132; [1952]22CompCas279(P& H)
orderharnam singh, j.1. this order disposes of civil original no 17 of 1951, civil miscellaneous no. 15 of 1951 and civil original no. 40 of 1951 in civil original no. 17 of 1951.2. briefly summarised, the facts so tar as material, are these. on the 9th of march, 1951, shri kirpa bam applied under clause (vi) of section 162 of the indian companies act, 1913, hereinafter referred to as the act, for the winding up of the bharat bank. limited, delhi, hereinafter referred to as the bank.3. on the 16th of march, 1951, the court ordered:'notice to the bharat bank limited and the punjab national bank limited. citations in the government gazette, the tribune of ambala and the hindustan times of delhi.'4. on the 27th of march 1951, the bank applied under section 151 of the code of civil procedure that the petition under section 162 of the act may not be advertised in the government gazette, the tribune of ambala and the hindustan times of delhi.5. on the 28th of march, 1951, shri harish chandra applied 'inter alia' that to case the petition for winding up of the bank is withdrawn or not pressed, the court may substitute him for shri kirpa ram. in that petition shri harish chandra stated that he has a right to present the petition for the winding up of the bank and is desirous of prosecuting tne petition filed by shri kirpa ram.6. shri kirpa ram has failed to deposit the charges for the publication of notices and process fee. indeed, mr. bhatia, learned counsel for shri kirpa ram, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H83
r.s. narula, j.1. i propose to dispose of by this judgment 97 writ petitions which were heard together along with letters patent appeal no. 762 of 1970. these writ petitions have to be divided into four groups in order to facilitate reference to the separate set of arguments advanced in respect of each group. the prayer in all these petitions is to quash the orders of the collector, kaithal, district karnal, determining the leases of the respective parcels of land of which possession had been taken by the collector under section 3 of the east punjab utilization of lands act (38 of 1949) (hereinafter called the act), and which land had therefore been leased out to different persons for a period of twenty years. the first group is comprised of 57 petitions (civil writs nos. 1376, 1377, 1383 to 1386, 1395, 1416, 1432, 1433, 1459, 1471, 1482, 1491, 1521, 1549, 1550, 1559, 1573, 1604, 1607, 1651 to 1654, 1669, 1670, 1672, 1694, 1713, 1752, 1784, 1785, 1786, 1791, 1817, 1836, 1944, 2000, 2001, 2438, 2720, 2749, 2820 to 2822, 3168, 3704, 3705, 3786, 3887, 3899, 3942, 3943, 3990 to 3992 of 1970) in which it is admitted that leases had been granted to the respective writ-petitioners under section 5 of the act and were cancelled by the impugned orders of the collector in writing passed under section 6 of the act. in some of these cased the lessees went up in appeal to the commissioner has been impugned. in the second group i will take up seven cases (civil writs 1346, 1347, 1351, 1381, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H99
gurdev singh, j. 1. the question for the consideration of this full bench may be stated thus:--'whether a vendee who has joined with him a stranger in purchasing agricultural land or immovable property can by acquiring the interest of the stranger co-vendee by gift or sale successfully resist a suit for pre-emption in view of the provisions of section 21-a of the punjab pre-emption act, 1913?'2. it has arisen in the following manner:--gharib singh, harnam singh, partap singh and kartar singh, four sons of kishna, jointly held 225 kanals 9 marlas of agricultural land situate in village kiampur. kartar singh having died, his son harchand singh sold his 1/4 th share to his uncle graham singh and his wife shrimati gurnam kaur by a registered sale deed, dated 15th march, 1966 (exhibit d. a.) for rs.4000/-. on 15th march, 1967, harnam singh, a brother of gharib singh vendee, brought suit for pre-emption on the plea that he was a cosharer and also near collateral of the vendor harchand singh. during the pendency of the suit, on 10th june, 1968, shrimati gurnam kaur made a gift of her share of the land which she had jointly purchased with her husband to her co-vendee gharib singh. taking advantage of this gift in his favour gharib singh resisted the suit for pre-emption inter alia on the plea that as a result of the gift in his favour, his wife shrimati gurnam kaur (who was a stranger) had ceased to have any interest in the property and his own right being equal to that of the pre- .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)142PLR132
hemant gupta, j.1. the challenge in the present writ petition is to the auction of liquor vends of jalandhar-i, jalandhar-ii, nawanshahr and hoshiarpur excise districts held on 5.11.2004, and to absolve the petitioner from the recovery of so-called short fall arising out of the said auction as the auction is alleged to have been conducted in violation of punjab liquor licence rules, 1956 (for short the licence rules, 1956) and contrary to the directions given by this court in the earlier writ petitions filed by the petitioner on 31.3.204 and 3.11.2004. the petitioner has also claimed f efund of rs. 6.07 crores deposited by him in compliance with the orders passed by this court.2. before adverting to the respective contentions of the parties, certain undisputed facts are that earlier the state government auctioned liquor vends of excise districts jalandhar-i, jalandhar-ii, nawanshahr and hoshiarpur, on 4.3.2004. the said auction became the subject-matter of challenge before this court in c.w.p. no. 3628 of 2004 at the instance of the petitioner. the excise districts jalandhar-i and nawanshahr were clubbed at a predetermined price with jalandhar-ii. it was jalandhar-ii which was put to auction. this court found that under sub-rule 5 of rule 36 of licence rules, 1956, the presiding officer with the prior approval of the excise commissioner can auction liquor vends after forming groups situated either in the same village, town or area located in a circle or in a group of circles .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)137PLR559
g.s. singhvi, j.1. in these petitioners, the petitioners have, prayed for quashing letter of intent (for short, 'loi') issued by punjab small industries and export corporation ltd. (for short 'the corporation') for allotment of industrial plot no. c-208, phase-v, industrial focal point, ludhiana to punjab electro chemical engineers pvt. ltd. (hereinafter described as 'the allottee') and for issuance of a mandamus of the official respondents to allot that plot to them.2. for the sake of convenience, we may notice the facts from cwp no. 1473 of 2002 in some detail and briefly notice the facts from cwp no. 10593 of 2002.3. petitioner-munish manufacturing corporation is a proprietorship concern engaged in the manufacture and export of forging goods. its factory is situated at c-128, focal point, phase-v, ludhiana. plot no. c-208, the allotment of which is under challenge in these petitions, is said to be near the factory of the petitioner. initially, that plot was reserved for setting up an electric sub-station of the punjab state electricity board but the latter did not utilise the same. in october, 1990, the petitioner applied for the allotment of the plot in question. in may, 1993, it deposited rs. 4 lacs as earnest money. however, in its meeting held on 9.5.1994, the allotment committee of the corporation allotted the plot in question to sudarshan tools limited, panchkula which was promoted by the son and wife of shri b.k. bassi, the then chief engineer of the corporation. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)105PLR89
v.k. bali, j. 1. this judgment shall dispose of civil writ petition nos. 5989, 4359, 5991, 5990 of 1986, 6082, 7724 of 1987 and 6213, 7970 and 9427 of 1988. the facts have, however, been extract from civil writ petition no. 5989 of 1986.2. petitioner m/s taneja woollen mills seeks a writ in the nature of certiorari so as to quash the orders dated 8.7.1986 annexure p-21 as also communication of the order aforesaid conveyed to the petitioner vide order letter dated 29.9.1986 by which orders, the applications of the petitioner for grant of interest free loan for two years i.e. 1983- 84 and 1984-85 were rejected by the director of industries.3. briefly the case of petitioner m/s taneja woollen mills is that originally a partnership firm having a fixed capital of rs. 6 lacs was registered and the same was taken over by m/s swastika wool traders private limited with effect from 1.10.1986. the unit of the petitioner was registered with the object of taking benefits of the incentives as laid down in the industrial policy statement notified on 21.3.1979 by the punjab state. it purchased about 412412 square yards of land in village bhore in district ludhiana and the whole land so purchased was utilised for the factory premises wherein the total capital investment in land and building at the relevant time was to the tune of rs. 6 lacs. the petitioner with a view to be covered by the punjab industrial incentive code under industrial policy statement effective from 1.4.1978, published in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2003(2)ARBLR677(P& H); (2003)134PLR360
m.l. singhal, j. 1. this revision petition is directed against the order of learned district judge, chandigarh dated 3.2.2000, affirming that of subordinate judge 1st class, chandigarh dated 12.9.1992, whereby the latter had allowed the application of the food corporation of india (herein after to be referred as fci) under sections 14(2) read with section 17 of the arbitration act and made award delivered in its favour by the arbitrator and against m/s bodh raj daulat ram and ors. (herein after to be referred as 'the firm') rule of the court, except for the modification that where the latter had allowed interest at the rate of 18% per annum on the awarded amount from the date of filing of the application under sections 14(2) read with section 17 of the arbitration act, 1940 till the date of realisation of the decretal amount, learned district judge brought down the rate of interest to 14% per annum.2. fci called tenders for the conversion of gram-whole lying at dabwali into gram dal. the work for conversion of 600mt gram-whole at ex. dabwali and 553mt ex-e1-lenabad at the rate of minus rs. 12/- per quintal was awarded to the firm on the basis of two tenders submitted by them. the tenders after submission were converted into agreements bearing no. d.22(58)/gramdal/apo/79-80 and d.22(58)/gramdal/apo/79-80/vol.ii and their acceptance was conveyed to the firm vide telegram dated 31.12.1979/1.1.1980 and dated 2/4.1.1980 respectively. 3. as per the fci, the firm committed default .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H415
(1) the facts giving rise to this regular second appeal preferred by the plaintiff are that on 23rd december,, 1949, an agreement, exhibit d. 1, was executed between messrs. anant ram sant ram of the one part and messrs. spedding dinga singh and company, defendant no. 1 on the other part. at the time of the execution of the agreement the present plaintiff anant ram was working in partnership with another person sant ram. according to the terms of this agreement, the plaintiff and sant ram, as contractors, had undertaken to catch, collect, raft and transport timber belonging to the defendant-company from river ravi at various places mentioned therein.for this work, the contractors were to be paid at different rates specified in paragraph 19 of the agreement, depending on the varying lengths of the beams. paragraph 19 of the agreement may be reproduced below for the sake of convenience:'that in consideration of the above, the contractors will be paid the following rates and in case they will find any difficulty with the labour on account of any increase in the prices of the market or during the harvesting season, they will not demand any enhancement in the rates.for catching, collecting, rafting, landing and stacking at khurku and madhopur depots and carting to pathankot, company's all timber which may go adrift into the chhandas including the timber lying scattered or buried in the fields, below shahpur kahndi to madhopur head works on the river ravi.beams 12' and up and bgs .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)126PLR759
m.l. singhal, j.1. for a better understanding of the case, the following pedigree table is given :- jawala | ---------------------------------------------------- | | | mela keli gandu | | kashmir singh rattan singh garib singh (deceased) & kishan singh ------------------------------------- | | | bachan darshan bakshish singh singh singh 2. rattan singh was owner in possession of 1/2 share of land measuring 94 kanals 7 marlas situated in village jalalpura as detailed in the heading of the plaint. rest 1/2 share of land measuring 94 kanals 7 marlas was owned by bakshshish singh and his two brothers darshan singh and bachan singh. bakhshish singh instituted suit for declaration against darshan singh and bachan singh etc. defendants to the effect that he is owner in possession of 1/2 share of land measuring 94 kanals 7 marlas pertaining to rattan singh on account of will dated 29.12.1978 executed by him in his favour to the exclusion of darshan singh and bachan singh etc. defendants. it was alleged in the plaint that rattan singh was bachelor. he was putting up with him (bakshish singh) jointly. he (bakshish singh) was looking after him and serving him. he was joint in mess and cultivation with rattan singh. rattan singh had love and affection being rendered by him to him. he, therefore, constituted him as his sole heir by will dated 29.12.1978 thereby bequeathing his entire property movable and immovable to him. so far as other brothers of bakshish singh i.e. bachan singh and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)116PLR7
g.s. singhvi, j.1. fifty years ago, the constituent assembly was entrusted with the task of framing the constitution for independent india. eminent people from different walks of life, who met under the chairmanship of dr. b.r. ambedkar, debated for over two years, examined and analysed the constitutions of almost all the countries of the world and prepared the document which is known as 'the constitution of india'. the constituent assembly adopted the constitution on 26th day of november, 1949 and the india which became free from the imperial rule on 15th day of august, 1947 was declared to be a republic on 26.1.1950 with the enforcement of the constitution. the preamble to the constitution pronounces:-'we, the people of india, having solemnly resolved to constitute india into a sovereign socialist secular democratic republic and to secure to all its citizens:justice, social, economic and political;liberty of thought, expression belief, faith and worship;equality of status and of opportunity and to promote among them allfraternity assuring the dignity of the individual and the unity and integrity of the nation.'the word 'socialist' was introduced in the constitution by the constitution (forty-second amendment) act, 1976. though each of xxii parts of the constitution has its own significance, the common man is by and large concerned with parts iii, iv and iv-a, the last having been added by the forty-second amendment act, 1976. part-ill of the constitution contains various .....
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