Court : Punjab and Haryana
Reported in : 1998CriLJ356
..... swaika properties, air 1985 sc 1289, in support of the above submission. in that case a notice prescribed by section 52(2) of the rajasthan urban improvement act, 1959, relating to the noticee's property in rajasthan was served upon the noticee at its registered office at calcutta. the noticee moved the calcutta high court under ..... to entertain the petition challenging acquisition.17. the bombay high court in ramchand santumal bhatia's case (supra) has tried to distinguish the cases pertaining to cofeposa act and has held as under:mr. agarwal says that the place of service of the detention order is not relevant, for the order takes effect as soon as ..... cited by the learned counsel for the respondent is in re: kalyan kumar thavarchand shah 1989 (94) cal wn 367. in that case apprehending detention under cofeposa act, the petitioner moved a writ petition before the calcutta high court. on a preliminary objection raised about the jurisdiction of entertainment of the writ petition in that court, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1998)DMC629
..... have filed reply alleging that the child has been living with them since july, 1989, that the petitioner has got the alternative remedy under the guardians and wards act and, therefore, she is not entitled to any relief in these proceedings. according to the respondents, the petitioner did not maintain good relations with her husband and ..... 2) latest judicial reports 659=ii (1994) dmc 423. in that case a widow (charan kaur) filed a petition under section 25 of the guardians and wards act for the custody of her three minor children from the custody of their grandfather. the respondents resisted the petition contending that the widow had left the house after giving in ..... it required evidence and, therefore, directed that the petitioner before the high court shall file a petition within one month under section 25 of the guardians and wards act.9. as against this the learned counsel for the petitioner relied upon the decision of the hon'ble supreme court in poonam datta v. krishanlal datta, air .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1998CriLJ571
..... have filed reply alleging that the child has been living with them since july 1989, that the petitioner has got the alternative remedy under the gurdians and wards act and, therefore, she is note entitled to any relief in these proceedings. according to the respondents, the petitioner did not maintain good relations with her husband and ..... ujagar singh, 1994 (2) latest judicial reports 659. in that case a widow (charan kaur) filed a petition under section 25 of the guardian and wards act for the custody of her three minor children from the custody of their grandfather. the respondents resisted the petition contending that the widow had left the house after giving ..... required evidence and, therefore, directed that the petitioner before the high court shall file a petition within one month under section 25 of the guardian and wards act.9. as against this the learned counsel for the petitioner relied upon the decision of the hon'ble supreme court in poonam datta v. krishanlal datta air .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1998CriLJ2592
..... : passes the test. 27% w/vin the opinion of the undersigned the sample referred to above is not of standard quality as defined in the drugs and cosmetics act, 1940 and rules thereunder for the reasons given below :-(1) assay of gentamicine are found to be less than the prescribed ip limits.(2) the sample contained suspended ..... petitioner no. 5 is the drugs chemist of the firm. this sample was sent to the state laboratory, which gave the report annexure p2. the formalities under the act were completed and ultimately it was found that the drugs were manufactured by petitioner no. 6 and then distributed to its distributor at ambala cantt., who further sold the ..... -1993 and reply was received from petitioner no. 6 through partner shri ravinder vij (petitioner no. 4) vide letter dated 1 -4-1993 under section 25 of the act and showed its intention to get the sample analysed from central drugs laboratory, calcutta. the date of expiry of the sample was june, 1994. the state drugs controller, haryana .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)119PLR739
..... the bank was awarded the best performance award, by national federation of state co-operative banks (nafscob).' it has been further pointed out that 'the petitioners cannot act on behalf of the federation, as they are no longer president and general secretary respectively of the federation. secondly, even the federation has no legal entity as ..... the allegations that articles are missing, has been denied. it has been pointed out that 'no article is missing......under section 48 of the co-operative societies act, 1961, there is a statutory audit by the department of co-operative audit. the chief auditor, co-operative societies, punjab, is independent and functions directly under ..... auditor and the finance secretary or his nominee. in addition to them, the government had nominated respondent no. 4 as a director under section 26 of the act. on may 5, 1997, the board of directors was removed and an administrator was appointed. as a consequence, even respondent no. 4 shall stand removed alongwith .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1998)DMC498
..... could be lodged either by the alleged second wife or her near relations only. so far as the offences under sections 3 and 4 of the dowry prohibition act are concerned, the petitioners contend that no court can take cognizance of such offences unless sanction for the prosecution under these sections had been obtained from the district ..... articles but they refused. the accused have committed offences under sections 494, 495, 496, 498-a and 406, ipc and sections 3, 4 and 5 of dowry prohibition act, 1961.' 3. the petitioners have alleged in this petition that the complaint is false. according to the petitioners, the 1st petitioner-baljeet kaur who is the sister of ..... , for quashing the fir no. 200 dated 28.7.1996 under sections 406/494/495/496/498-a, ipc and under sections 3 and 4 of the dowry prohibition act, police station garhi, and all other consequential proceedings.2. 2nd respondent-beant singh lodged a complaint against baljinder singh, baljeet kaur, mohinder kaur (son, daughter and wife .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1998)DMC655
..... , in exercise of its jurisdiction under section 492, criminal procedure code, interfere, is where there is an express legal bar engrafted in any provision of the code or the concerned act. 22. therefore, even though the charge-sheet has been filed and the case is fixed for trial, in view of the legal bar imposed by section 198(1), ..... some body else. a day prior to the complaint, the complainant came to know that baljinder singh had married for the second time in consultation with the other act used without being divorced from amarjit kaur. the complainant and his daugh- ter requested them to return the dowry articles but they refused. the accused have committed ..... the fir no. 200 dated 28.7.1996 under sections 406/494/495/496/498-a, indian penal code and under sections 3 and 4 of the dowry prohibition act, police station garhi, and all other consequential proceedings. 2. 2nd respondent-beant singh lodged a complaint against baljinder singh, baljeet kaur, mohinder kaur (son, daughter and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)119PLR197
..... notification of the same date, the government of india, ministry of defence, in exercise of the powers conferred by sub-section (3) of section 4 of the cantonment act, 1924, excluded the area excised from the cantonment of ambala. at no stage, any enquiry was made to determine whether the land in question was given to the ..... , respondents have denied that the land in dispute belonged to the municipal council. in regard to the allegation that the deputy commissioner and the executive officer have acted in mala-fide manner, it has been submitted by the respondents that there was no illegality committed by the executive officer in executing the lease-deed or accepting ..... ground that the disputed land is municipal land and so, it could be leased out only by the municipal council in the manner prescribed by the haryana municipal act, rules, bye-laws and the instructions issued by the state government from time to time. it has been alleged that the deputy commissioner and also the executive .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)118PLR742
..... giving notice of specified duration. their lordships declared the impugned regulation as ultra vires to article 14 of the constitution and section 23 of the contract act by holding that the conditions incorporated in the regulations were wholly arbitrary and unconscionable and opposed to public policy. in the second case the challenge to ..... singh and anr. v. district board, gurdaspur, 1969 rent control reporter 156, upheld the validity of the notification exempting the property from the provisions of the act this point, therefore, does not survive for consideration.'9. the court also rejected the challenge to the demand of enhanced rent and held:-' the other question ..... conditions incorporated therein for renewal of the lease have been challenged on the ground of arbitrariness, violation of article 14 of the constitution and the provisions of 1952 act. the petitioners have averred that the decision of the administration to charge rent @ rs. 15,824/- per month w.e.f. 13,1992 is unreasonable, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1999P& H121; (1998)119PLR417
..... by the present petitioner. the submissions raised before the trial court was that the suit as framed was hit by the provisions of section 34 of the specific relief act as no relief for declaration could be claimed without praying for a consequential relief therefrom. the main plank of the argument on behalf of the petitioner is that the ..... the sale deed and the mere fact that the suit is for declaration would not help the plaintiff to avoid liability of appropriate court fee under the provisions of that act.4. the learned counsel for the respondent herein distinguishes the judgment of the learned single judge in the case of lakhpat, supra, on the plea that the plaintiff in ..... find out the real relief which the plaintiff would ultimately get on the bundle of facts stated in the plaint. the provisions of section 31 of the specific relief act clearly provides that where a document and a written instrument is void or voidable the party has a right to sue to have the same adjudged as void or .....
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