Court : Punjab and Haryana
Reported in : I(2002)DMC589
..... a month and also for some days during the summer vacations. parties also submitted that file of case titled dalip jerath v. shalini jerath under section 13 of the act pending in the court of shri raminder jain, additional district judge, gurgaon be summoned and transferred to mis court. accordingly, on august 2, 2000, registry was ..... the same was subsequently transferred to the court of district judge, gurgaon. vide order dated 28.2.1998, application field under section 25 of the guardians and wards act seeking custody of the minor sons was dismissed by the district judge, gurgaon. against the said order, fao no. 1620 of 1998 has been filed in this court ..... commissioner, ranchi to the court of shri raminder jain, additional district judge, gurgaon. dalip jerath had also filed an application under section 25 of the guardian and wards act seeking custody of the minor sons. the said application was also filed in the court of judicial commissioner, ranchi and as per order dated march 18, 1996 of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2001ACJ1912
..... that the owner should first verify the genuineness of the licence with the concerned authorities before entrusting the vehicle to the driver. since, the owner had taken reasonable steps, acted bona fide and discharged his statutory obligation, therefore the insurance co. cannot escape from its liability.17. reverting to the facts in hand, it is established on the ..... even if the driver was not having the necessary driving licence, still keeping in view the policy of the legislature as contained in section 149(4) of the act, it will be appropriate to direct that the compensation amount should be paid by the insurance co. to the claimants and if ultimately it is found that the ..... liability of the insurance co. vis-a-vis third party is concerned, it cannot be defeated by virtue of the provisions of section 149(4) of the motor vehicles act. this point was also considered by the madhya pradesh high court in national insurance co. v. prem narain sahu, air 1998 madhya pradesh 66, and it was held .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2001CriLJ2105
..... sons of shri bhajan lal. thereafter, accused respondents chander mohan and kuldeep singh were arrested in this case, for the offence under section 61 of the punjab excise act. after completion of the investigation, the challan was put in the court.4. after hearing both sides and after perusing the record, the learned additional chief judicial ..... lines, hisar, informing him about the abovesaid recovery and for taking necessary action. on receipt of the said ruqa, formal fir under section 61 of the punjab excise act was registered in the police station. thereupon, inspector inder singh. sho of the said police station, reached the spot and took into possession the said liquor, after ..... by the additional sessionsjudge, upholding the order dated 27.2.1999 passed by the additional chief judicial magistrate, discharging the accused under section 61 of the punjab excise act, arising out of fir no. 473 dated 22.12.1996 of p.s. civil lines, hisar.2. the facts which are relevant for the decision of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2001CriLJ3390
..... misbrandedarticles a written warranty was enjoined in both hie cases, in section 19(2) (i) and (ii). it was further held therein that section 19(2)(a) of the act would provide a defence, where a vendor purchased an article of food from a licensed manufacturer/distributor or a dealer, with a written warranty. again, a vendor shall not be ..... sold in the same condition in which these were purchased from the manufacturer/distributor and as such ihe petitioner, a dealer, was protected under section 19(2) of the act and rule 32(a) of the rules. reliance was placed on the law laid down by their lordships of supreme court, in the cases of rajaldas gurunamal pamanani v. ..... p2 is the copy of the criminal complaint dated 27.11.2000, filed by the chandigarh administration, against the accused-petitioner, narinder nath sood, about the aforesaid provisions of the act and the rules. it has been alleged in the criminal complaint that on 31.7.2000 at 11 a.m., sh. m.k. sharma, food inspector, inspected the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2002P& H123
..... that this property be transferred in favour of baldev kumar duggal as they are allowing transfer in such cases. section 3 of the capital of punjab (development and regulation) act, 1952 lays down as follows : 2. power of state government in respect of transfer of land and building in chandigarh- (1) the state government may sell, ..... said that the government remained owner of the property till full consideration is paid appear in the context of resumption of the property under section 9 of the act. after the auction sale is complete, the government cannot deal with that property over again. for recovery of unpaid portion of the consideration money, the government ..... with even if it appears an erroneous finding if it is supported by some evidence on record. in second appeal, it cannot be said that lower courts had acted on insufficient evidence while returning a particular finding of fact, in the entire record, baldev kumar duggal figures. nowhere nihal chand duggal figures. vide letter ex p .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(2002)DMC505
..... the police officers posted in the police station connived with respondent nos. 1 to 3 who were allowed to escape from india to australia via nepal and this is clear act of dereliction in duty on the part of police officials who were the incharge of the police 'station at that time. this aspect of the case stands fortified when the ..... and smt. sudershan kaushal at the instance of smt. sadhna sharma under sections 408. 498-a. 420 of the indian penal code and section 3/4 of the dowry prohibition act. the accused could not be arrested though it is alleged by the complainant that at one point of time they were arrested but they were allowed to go by the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)ILLJ241P& H
..... petitioners have filed replications reiterating their plea against the levy of damages.11. we have heard learned counsel for the parties.12. the provident funds act, 1952 provides for the institution of compulsory provident funds for employees in factories and other establishments. it applies to every establishment which is a factory ..... from out of the employer's contribution, shall be remitted by the employer to the family pension fund. the operation of the provisions of the act and the schemes presented various administrative difficulties. an employer could delay payment of provident fund dues without any additional financial liability. parliament, accordingly, inserted ..... the legislature wanted to incorporate the period of limitation in section 14-b, nothing prevented it from inserting appropriate provision to this effect by amending the act (?? of 1952). since that has not been done, it is reasonable to draw an inference that the parliament had designedly refrained from prescribing the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2002CriLJ2437; II(2002)DMC229
..... .1999, copy annexure p1 against the petitioners and their son jagtar singh for the offences under sections 406/498a, ipc read with sections 4 and 6 of the dowry prohibition act. the learned judicial magistrate after recording the preliminary evidence had ordered summoning of the petitioners and their son jagtar singh for the offences under sections 406/498a, ipc vide order ..... manjit singh but inspite of that the maintenance amount was not being paid. it was alleged that later on jagtar singh filed petition under section 9 of the hindu marriage act but the same was dismissed by the court on 2.6.1999. it was alleged that the complainant had filed a divorce petition against jagtar singh, which was pending in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2002CriLJ3426
..... identification proceeding being in the nature of test no provision for holding it is to be found in the code or even in the act. however, at what stage identification parade should be conducted has come for consideration before the apex court in various cases.7. in ramkishan mithanlal sharma v. state of bombay, air ..... against the accused and for that reason there is no need to hold identification parade at this stage.6. provisions of section 9 of the indian evidence act, 1872 (hereinafter referred to as 'the act') provide that the fact which establishes the identity of anything or person whose identity is relevant, are relevant in so far as necessary for that purpose. the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2002)175CTR(P& H)154
..... are fully verifiable. thus neither the genuineness of the transactions nor the genuineness of the parties is in dispute.4. section 40a(3) was inserted by the finance act, 1968, and was made applicable to the payments made after 31-3-1969. the object of information of this provision was explained in para 76 of circular no. ..... .the revenue filed an appeal before the tribunal which upheld the findings of the commissioner (appeals). thereafter the revenue filed an application under section 256(1) of the act before the tribunal requiring it to refer the aforesaid question of law for our opinion. the prayer was declined vide order dated 22-10-1999, on the ground that ..... the payee asks for payment in cash, that by itself becomes an exceptional circumstance leading to exemption from the requirement of section 40a(3) of the income tax act, 1961 ?'2. the assessee-company carries on business of manufacture of automobile parts. it filed its return of income for the assessment year 1989-90 declaring a .....
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