Court : Punjab and Haryana
Reported in : I(1994)DMC319
..... the respondent-husband to secure company of his wife proved abortive, he successfully maintained an application for restitution of conjugal rights under section 9 of the hindu marriage act. the appellant-wife having not met with any success pleads for setting aside of the decree in this appeal under clause x of the letters patent with ..... husband who was branded as drunkard and also physical beatings of and on. sub judge 1st class muktsar exercising the powers the district judge under the hindu marriage act, after recording evidence of the parties came to a firm conclusion that the wife had parted the company of the husband without any sufficient cause. this finding ..... same.3. before we part with the judgment it requires to be mentioned that the appellant had filed an application under section 24 of the hindu marriage act for maintenance pendente lite and litigation expenses and the said application was ordered to be listed for hearing alongwith the main case. in view of the averments made .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)104PLR552
..... carried oh as trade or business. the only exemption from 'industry' which has been provided is to be constitutional inalianable crown's function or sovereign acts. sovereign acts alone have been exempted from the definition of 'industry'. while applying the said test it was observed that the maintenance of the street in the ..... this sub clause, 'agricultural operation' does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the plantation labour act, 1951 ; or(2) hospitals or dispensaries ; or(3) educational, scientific, research to training institutions; or(4) institutions owned or managed by organisations wholly or ..... in all the writ petitions can be itemised as under :-(i) whether haryana urban development authority is an industry' as defined under the industrial disputes act ?(ii) whether there is any limitation prescribed for raising an industrial dispute ?(iii) whether the labour court has jurisdiction to determine the legality of retrenchment .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR164
..... argument of mr. mittal that land of the petitioners was required to be excluded from acquisition because the petitioners also intend to set up an industry. the judgment in bal rant singh's case (supra) is of no help to mr. mittal because in that case, the residential building was excluded from acquisition as in the facts and ..... the purpose being the same, the land of the petitioners ought to have been excluded from acquisition. for this, he referred to a judgment reported as union of india v. bal ram singh, 1992(2) suppl. s.c.c. 136; and(iii) that the petitioners have never been paid, till date, any compensation on account of acquisition and, thus ..... as industrial area in sectors 31, 32,35 and 36, tehsil ballabgarh, district faridabad. this notification was allowed to lapse. a fresh notification under section 4 of the act was published in the gazette dated 4.11.1977, whereby almost the same land situated in the revenue estates of meola maharajpur and sarai khwajha was sought to be acquired .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)107PLR84
..... by viture of any text or rule of hundu law or any custom or usage having the force of law, in respect of all matters dealt within the act. the act also supersedes any other law, contained in any central or state legislation in force immediately before it came into operation in so far as such legislation is inconsistent ..... of divorce on a petition presented to the matrimonial court by either of the spouses and on establishing any of the grounds mentioned in section 13 of the act.4. the act came into force on may 18, 1955. it amends and codifies the law relating to marriage among hindus. section 4 gives over-riding effect to the provisions ..... witht he provisions contained in the act. hindu marriage, under the act, is monogamous marriage which must be solemnished by performance of the essential rites and ceremonies and there must be no incapacity in the parties to marry .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1995P& H18
..... by virtue of any text or rule of hindu law or any custom or usage having the force of law, in respect of all matters dealt within the act. the act also superesedes any other law, contained in any central or state legislation in force immediately before it came into operation in so far as such legislation is inconsistent ..... with the provisions contained in the act. hindu marriage, under the act, is monogamous marriage which must be solemnised by performance of the essential rites and ceremonies and there must be no incapacity in the parties to marry ..... for the purpose of such relief. this section imposes duty on the matrimonial court in the matter of granting any of the reliefs recognized under the-act, proceedings under the act are not of the character of ordinary suits and the standard of proof required is that the court must be satisfied that the ground for relief is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1994CriLJ3472
..... these provisions create specific offences although cruelty or harassment of the wife is one of the essential ingredients thereof. provisions of section 113a of the indian evidence act clearly provide that presumption of abetment to. suicide by a wife against her husband or his relative shall be available only if she is subjected to ..... clearly implies that the legislature has, given due allowance to the accused in the matter of sentence in dowry death. under section 113a of the indian evidence act, onus is shifted on the accused to dislodge the presumption of having committed abetment of suicide by a married woman. similarly, the provisions of section 113b although ..... be a witness against himself in order to dislodge the statutory presumption of abetment of suicide and dowry death under sections 113a and 113b of the indian evidence act, as also the mandate of article 21 of the constitution by depriving the petitioners of their personal liberty on the basis of unfair, unjust, arbitrary, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)108PLR374
..... of the residential building; that the residential building cannot be converted into a non-residential building without taking permission of the rent controller under section 11 of the act; that the premises in dispute were required by the landlord for his own use and occupation bonafide. on the findings recorded, the petition was accepted and the ..... the findings recorded on facts in dr. jagjit mehta's case (supra) were totally different.10. the learned counsel thereafter; relied upon another judgment, lal chand v. bal kishan, (1987-2)92 p.l.r. 222, to contend that where the rooms were let out for shops and the shops were an integral part of the ..... the high court.'11. although the supreme court judgment is with reference to a building in chandigarh where the provisions of capital of punjab (development and regulation) act, 1951 are applicable, but their lordships came to the conclusion that residential building cannot be converted into a non-residential building by the mutual consent of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)112PLR325
..... thus, remains to be decided is what this court should do in these circumstances. counsel for the families of victims though had contended that proceedings under the contempt of courts act be initiated against sh. s.s. saini and also mr. anupam gupta, advocate who has filed affidavit in support of the application, but i do not propose to pass ..... time and again the apex court had noticed that protection guaranteed to the citizens of india under article 21 of the constitution of india is being rendered negatory by indiscriminate acts of the police. my lord, the chief justice of india in inder singh v. state of punjab, (1995) 3 scc 702, has observed ' this court has in recent ..... allegation no.(i) and causing harassment to the members of walia family (as discussed in allegation no.ii), it would not be un-reasonable to conclude that he had acted in furtherance of a larger design. the fact that high court had issued show-cause notice to him for contempt of court alongwith shri ss saini is also a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1997P& H87
..... unconstitutional and violates the fundamental rights of the citizens.88. there is no dispute that the central administrative tribunal constituted under the administrative tribunals act. 1985, has no jurisdiction over the punjab university and it cannot declare the regulation of the university as not binding on the u.t ..... grants commission' (1987) 3 serv lr 841, the central administrative tribunal itself held that, 'the central administrative 'tribunal constituted under the administrative tribunals act cannot, therefore, entertain the grievance of the employees of the university grants commission, the university grants commission is a body which may be termed as ..... objections regarding the maintainability of the writ petition. it is contended:--(i) firstly, that in view of the provision of the central administrative tribunal act, the present writ petition was not maintainable as the employees of the respondent-union territory administration, as the petitioners, are subject to the jurisdiction .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1997)DMC529
..... and petitioner neena is sister of love kumar. complainant-respondent sunita puri filed a complaint against love kumar and these petitioners under sections 4 & 6 of dowry prohibition act and sections 406/420/498-a of ipc. in her preliminary evidence, she examined herself as well as two other witnesses to corroborate her testimony. alongwith the complaint ..... of preliminary evidence adduced by the complainant, the learned magistrate came to the conclusion that a prima facie case under sections 4 & 6 of the dowry prohibition act and sections 406/498-a, ipc is made out against all the accused persons and hence summoning order annexure p3 was passed.3. the petitioners' learned counsel contended ..... the complaint annexure pi as well as in the evidence adduced by the complainant. hence, he prayed that the quashment proceedings be dismissed.5. in bal krishan's and jasbir kaur's case (supra), single bench of this high court has considered the alleged offence under sections 4 & 6 of dowry prohibi- tion .....
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