Court : Punjab and Haryana
Reported in : (2008)150PLR439
..... it may be desirable or expected not to grant pension and other allowances to the judges less than the allowances and pension payable to the members of the all india services, but in the absence of any statutory provision, the proviso of the act cannot be said to be arbitrary viz- a-viz to the pension payable to the members of the all india services as violative of any part of the constitution. 17 ..... whether such ceiling can be said to be arbitrary and unjustified on the basis of pension payable to the members of the all india services in terms of the rule amended on 22.5.1987 is required to be examined first. ..... the relevant part of the rule in respect of all india services reads as under:.in case a member of the service retires from service in accordance with the provisions of these rules, after completing qualifying service of thirty three years or more, pension shall be admissible to him at the rate of fifty per cent of the average emoluments reckonable for pension: provided that the pension calculated as above shall be subject to a ceiling of rupees four thousand five hundred per month....14 ..... by virtue of the said amending act, special additional pension was contemplated to be rs. ..... this will, of course, be quite apart from the other changes for the improvement of the conditions of service of judges in the matter of salaries, allowances etc. ..... may suggest that this case may be done straightway by including suitable provisions in the bill now announced to be pending before parliament. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005]124CompCas201(P& H); (2004)4CompLJ288(P& H); [2004]55SCL165(Punj& Har)
..... , his primary contention is based on the premise, that the amendment of the principal sebi act through the securities laws (amendment) act, 1999, whereby schemes which carried on activities of sale and purchase of agricultural land and/or development of agricultural land, were brought within the purview of the sebi act, were beyond the legislative competence of the parliament, in conjunction with the aforesaid submissions, learned counsel, advanced an alternative contention, namely, that in ..... from the orders or decisions of the adjudicating officer;(e) issue regulations without the approval of the central government;(f) allow directors of companies to be appointed as members of the board so that the board benefits from the expertise of people familiar with the capital market;(g) facilitate the issuance and trading of options in securities;(h) allow the existing stock exchanges to establish additional trading floors outside their area of operation;(i) make violation of the listing ..... companies as defined in clause (f) of section 45-i of the reserve bank of india act, 1934;(iii) being a contract of insurance to which the insurance act, 1938, applies;(iv) providing for any scheme, pension scheme or the insurance scheme framed under the employees provident fund and miscellaneous provisions act, 1952;(v) under which deposits are accepted under section 58a of the companies act, 1956;(vi) under which deposits are accepted by a company declared as a nidhi ..... 2003] in similar circumstances, and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)140PLR70
..... , as the case may be:provided further that the allowances payable and other conditions of service of the lokpal shall not be varied to his disadvantage after his appointment,6) the salaries and allowances payable to, or in respect of, the lokpal shall be the expenditure charged on the consolidated fund of the state,'[15.2] a perusal of these sections shows that under the act the lokpal would be entitled to receive the allowances payable to and other conditions of service, as would be applicable to ..... later of those dates for the purpose of this clause.3) if and so far as an ordinance under this article makes any provision which would not be valid if enacted in an act of the legislature of the state assented to by the governor, if shall be void;provided that, for the purposes of the provisions of this constitution relating to the effect of an act of the legislature of a state which is repugnant to an act of parliament or an existing law with respect to a matter enumerated in ..... vide haryana lokpal (amendment) bill, the legislature of the state of haryana amended the 1997 act to the effect that the word ' ..... the terms of the agreement became an inherent part of his appointment as permissible in view of clause (2) of article 310 of the constitution of india and as he was appointed for a tenure of five years, he was entitled to the pay and allowances as admissible to the chief justice of punjab and haryana high court from time to time less the pension, if any. ..... as a member of the state ..... 2003 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR81a
..... any property of the gram panchayat, panchayat samiti and zila parishad; or(k) is in unauthorized occupation of property belonging to any local authority, or(1) being a sarpanch has cash in hand exceeding the amount permitted under the rules made under this act;(m) is member of either house of parliament or of the legislature of the punjab state:provided that a member of either house of the parliament or legislature of punjab state may be elected as a sarpanch or member of gram panchayat, panchyat samiti or zila parishad ..... at this stage, it shall be gainful to refer to certain provisions contained in part ix and ix-a of the constitution of india inserted by way of 73rd and 74th amendment so as to give powers of self-government' to panchayats in rural areas and municipalities in the urban areas as also to ensure elections to these institutions as a unit of ..... court held that, 'the rule of interpretation requires that while interpreting two inconsistent, or, obviously repugnant provisions of an act, the court should make an effort to so interpret the provisions as to harmonize so that the purpose of the act may be given effect to and both the provisions may be allowed to operate without rendering either of them otiose.'18. ..... appellant is 'a whole time salaried employee of a local authority/board', he is disqualified for being chosen as and for being a member of the gram panchayat as provided by section 208(1)(g) of the punjab panchayati raj act, 1994. ..... were held in the month of june, 2003. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2007]294ITR563(P& H)
..... (viii) payment of salary, leave allowance, gratuity, compassionate allowance, compensation for injuries or death resulting trom accidents while on duty, medical aid, pension or provident fund to the persons employed by the board and leave and pension contribution to government servants on deputation ;(ix) travelling and other allowances to the employees of the board, its members and members of advisory committees ;(x) propaganda, demonstration and publicity in favour of agricultural improvements;(xi) production and betterment of agricultural produce; (xii) meeting any legal expenses incurred by the board; (xiii) imparting education in marketing or agriculture directly ..... it is the vehement contention of learned counsel for the petitioner, on the strength of the amended provision of section 10(20) of the income tax act, as well as, the judgments referred to hereinabove, that the exemption from payment of income-tax, earlier available with market committees was withdrawn with effect from april 1, 2003, and, as such, market committees were not entitled to claim tax exemption (after the said amendment) with effect from 1-4-2003.23. ..... any such process would imply that the court interprets the provision by reference to what in its opinion was intended by parliament and not by what is specifically stated in the provision. .....
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