Court : Punjab and Haryana
Reported in : 1996CriLJ1037
..... the case, i do not propose to continue with the proceedings and therefore, rule issued to s.s. saini, ssp and paramjit singh, sho under the contempt of courts act shall stand discharged. the other matter is in regard to ordering of payment of compensation to the wife and children of ashok kumar and mukhtiar singh, driver against whom there ..... in allegation no. i) and causing harassment to the members of walia family (as discussed in allegation no. ii), it would not be unreasonable 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 along with shri s. s. saini is also ..... rajesh (servant), is established, it is in evidence that the police party was headed by sho paramjit singh of ps focal point and he is liable for this criminal act. efforts were made to determine the identity of the remaining members of the police party headed by sho paramjit singh involved in this incident, but the same could not be .....
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 : AIR1996P& H229; (1996)113PLR17
..... buildings were stated to have not been allotted arbitrarily and that no discrimination had been in the allotment of plots.11. in their reply, respondents-- nav bal niketan education society, vijay model school and manav mangal society submitted that the allotments made in their favour was according to law. the institutions run by them ..... the instrumentality or agency of the corporations was resorted to in these cases having regard to the nature of the task to be performed. the corporations acting as instrumentality or agency of government would obviously be subject to the same limitations in the field of constitutional and administrative law as government itself, though in ..... available arrangement in the circumstances.34. in the instant case, the allotments are appeared to have been made completely in violations of the provisions of the act and the regulation. it is further established that the action of the respondents was not fair and proper. the allotment appears to have been made under .....
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 : I(1997)DMC544
..... the entire filing period of two years before filing the petition as well as that such desertion was without just cause.16. desertion is not only a physical act and as we have just said the jeopardisation of the obligation of marriage or an abandonment of one spouse by the other without that other's consent and without ..... be inferred that the appellant had deserted her husband so as to constitute a ground for desertion as envisaged under the provisions of section 13 of the hindu marriage act. he submitted that the factum that the parties to the litigation had started living separately since september, 1982 per se is no ground to come to the ..... background the respondent-husband earlier filed a petition for divorce in ambala. thereafter he withdrew the petition and filed the present petition under section 13 of the hindu marriage act.9. alongwith the application, the applicant, smt. ravinder kaur filed a certificate showing that a male child by the name of sharanjit singh was bom on 10.9 .....
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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)115PLR115
..... with the proportionate vacant area was released from the acquisition by the respondents after taking into consideration the objections filed by the petitioners under section 5a of the act as well as the report made by the joint site inspection committee and thereafter the award in respect of the remaining land was announced on 28th february, 1996 ..... in cwp nos. 2925 of 1996 and 2926 of 1996 from the acquisition, after taking into consideration the objections filed by them under section 5-a of the act.8. we also do not find any merit in the second contention of the learned counsel for the petitioners that the petitioners in cwp no. 29256 and 29296 ..... facts of the case are that the respondents had issued notification dated 2nd march, 1993 (annexure p.2) under section 4 of the land acquisition act (hereinafter referred to as the act) for acquisition of 413.69 acres of land for development of sector 18 at panipat for residential, industrial and commercial purposes. the petitioners filed their .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)115PLR183
..... been exempted by the government and accommodated within the scheme framed by it. notification was withdrawn and, thereafter, yet another notification under section 4 of the act was issued in june, 1982, in which the purpose mentioned was the same. petitioners again filed detailed objections, which were not accepted and, ultimately, ..... objections were invited from the affected persons. petitioners filed their objections, which were not accepted and the government issued a notification under section 6 of the act. on 22.3.1967, petitioners again requested the director, town and country planning, punjab, chandigarh, for the release of the factory land from the threatened ..... site of the petitioners' factory was included in sector 12, which was assigned to be developed as a commercial sector. both under the scheduled roads act as also the development plan, provision was made for making relaxations in the implementation of the scheme by allowing existing land use, particularly in the case .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1997)ACC211; 1997ACJ111; (1996)114PLR667
..... suffer irreparable loss, was rejected, inter-alia, observing that the insurer had a remedy to recover from the insured. otherwise the provisions of the motor vehicles act, making the company liable being beneficial one, has been purposely engrafted in the statute for the efficacious remedy so that award could be satisfied would be rendered ..... held by them in their possession or could be by reasonable diligence be ascertained by them in the prescribed form is provided by section 133 of the act.recent years have seen general and considerable .extension, of practice of insurance against various form of liabilities which the iusurer may incur to third party ..... on the pleas of defective verification, bar of limitation, vagueness of the petition, non-disclosure of cause of action, contravention of the provisions of motor vehicles act and filing of the petition to defraud the appellant. the validity of the driving licence of the respondent-driver was denied. in addition to the above pleas, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)116PLR148
..... died and the entire business of the rice mill suffered rough weather. thereafter the corporation exercising the powers under section 29/30 of the state financial corporation act, 1951 (for short 'the act') took over the possession of the rice mill on 27.11.1989. on 7.2.1990 an advertisement/notice for public auction of the rice mill in ..... lay down the following guidelines/directions which are necessary to be issued to be observed by the corporation while exercising powers under section 29 of the state financial corporation act:-'every endeavor should be made to make the unit viable and be put to working conditions. if it becomes unworkable:1) sale of a unit should always be ..... day to day proceedings, which happened in its office, to the petitioners before confirming the sale in favour of respondent no. 6. the corporation was supposed to act in a reasonable manner securing the best interests of the loanee and this court has not been able to come to a different conclusion than the one that the .....
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