Court : Punjab and Haryana
..... against the present petitioner for demand, acceptance and recovery of bribe money which would otherwise be the three basic ingredients for offence under the prevention of corruption act. it has also gone uncontroverted during the course of arguments that transcripts of conversation between complainant guneet kaur and sanjay dahuja, between complainant guneet kaur, aman ..... also requires to be taken note of is the punishment that could be imposed after trial and conviction, both under the indian penal code and prevention of corruption act. otherwise, if the former is the only test, we would not be balancing the constitutional rights but rather "recalibration of the scales of justice." the provisions ..... no.rcchg2015a0016 dated 13.08.2015, under sections 120- b, ipc read with sections 8, 17, 13(2) read with section 13(1) (d) of pc act 1988, registered by cbi, chandigarh. brief facts that would require notice are that the present case was registered in cbi, acb chandigarh on 13.08.2015 on the .....
Tag this Judgment!Court : Punjab and Haryana
..... (cannabis). after completion of necessary investigation, the challan was put in the court. accused was charge-sheeted for committing offence under section 20 of the ndps act. after taking entire prosecution evidence, statement of accused under section 313 cr.p.c. was recorded wherein accused denied each prosecution allegation and pleaded his ..... ) 55, discussed the meaning of the word 'conscious possession'. explaining this term, it was observed that possession in terms of the narcotic drugs and psychotropic substances act, 1985 must be 'conscious possession'. in that case, there were 13 bags containing 'ganja' which were kept behind the driver's seat in the jeep. ..... at the time of passing judgment, the court started proceedings regarding confiscation of the scooter in question by invoking the provisions of section 63 of the ndps act. it was next argued by learned counsel for the appellant-accused that in this case no independent witness was joined in the investigation. independent witnesses .....
Tag this Judgment!Court : Punjab and Haryana
..... of audi alteram partem. even if there are no statutory rules which regulate holding of disciplinary enquiry against a delinquent employee, the employer is duty- bound to act in consonance with the rules of natural justice --u.p. warehousing corpn. v. vijay narayan vajpayee." ld. counsel for the respondents has relied on the judgment ..... conducted and the medical officer from sadar hospital, chatra confirmed the consumption of liquor. on nine earlier occasions also the delinquent has been awarded punishments for similar acts. these include line imprisonment six times, pack drill one time, one time absent and one time half salary. such action cannot be expected from any member ..... . learned counsel for the petitioner has urged the following grounds: (i) as the inquiry was initiated against the petitioner under section 11(1) of the crpf act, 1949 read with rule 27 of central reserve police force rules, 1975, only minor punishment as contemplated under section 11(1) could have been imposed and not .....
Tag this Judgment!Court : Punjab and Haryana
..... determination of enhanced compensation till its deposit forms part of the additional price. the judgment in charanjit bajaj's case (supra), relates to the provisions of the huda act, which was considered by a division bench of this court in friends sector 13, plot holder society's case (supra). whereas in respect of the non statutory ..... that the allotment in question is a non statutory allotment as in the case of haryana urban development authority, which allotment is under the haryana urban development authority act, 1977. in the absence of a statutory allotment, the parties are bound by the terms of the contract which is evidenced by the issuance of letter of ..... should not claim interest on the amount deposited by it pursuant to the order dated 04.11.1999. the respondents paid the amount as compensation/ enhanced compensation under the act. this interest also falls within the ambit of the words "any additional price" within the meaning of clause (2) for it is as a consequence of the .....
Tag this Judgment!Court : Punjab and Haryana
..... the estate officer, huda. 9. in banda development authority, banda's case (supra), the court has held that there cannot be any hard and fast rule as to what act would constitute taking of possession of the acquired land. in the present case, it is not the case of the petitioner that there was a standing crop or any house ..... matter of acquisition vide notification dated 14.08.2008 issued under section 4 read with section 17 of the land acquisition act, 1894 (for short 'the act') followed by a notification under section 6 read with section 17 of the act on 30.08.2008 for the purpose of master plan sector road in faridabad. award in pursuance of aforesaid notifications was ..... out from the above noted judgments are: i) no hard and fast rule can be laid down as to what act would constitute taking of possession of the acquired land. ii) if the acquired land is vacant, the act of the concerned state authority to go to the spot and prepare a panchnama will ordinarily be treated as sufficient to .....
Tag this Judgment!Court : Punjab and Haryana
..... officer, huda. 9. in banda development authority, banda's case (supra), the court has held that there cannot be any hard and fast rule as to what act would constitute taking of possession of the acquired land. in the present case, it is not the case of the petitioner that there was a standing crop or any ..... the factum of possession is otherwise not relevant as the provisions of section 24(2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 are not applicable since the award is not more than 5 years old. 7. the argument of learned counsel for the petitioner is that the roznamcha of ..... of acquisition vide notification dated 14.08.2008 issued under section 4 read with section 17 of the land acquisition act, 1894 (for short `the act') followed by a notification under section 6 read with section 17 of the act on 30.08.2008 for the purpose of master plan sector road in faridabad. award in pursuance of aforesaid notifications .....
Tag this Judgment!Court : Punjab and Haryana
..... the present writ petition is to the notifications dated 14.08.2008 and 01.03.2012 published under section 4 and 6 of the land acquisition act, 1894 (for short 'the act'), respectively for acquisition of land measuring 1169.98 acres in 19 villages including the land of the petitioner situated in village nimka for the purposes of ..... , such marginal land cannot be made subject matter of acquisition to be used for the purposes other than mentioned in the notifications under section 4 and 6 of the act. 9. on the other hand, ms. palika monga, learned deputy advocate general, haryana, contended that multi-level parking is a part of development of the sector roads ..... changing needs of the public." the multi-level car parking or housing for economically weaker sections are both public purposes falling within section 3 (f) (ii) of the act. therefore, the acquired land can be put to use for another public purpose. 12. learned counsel for the petitioner has referred to a recent judgment of hon'ble .....
Tag this Judgment!Court : Punjab and Haryana
..... code of criminal procedure, 1973 for maintenance, it was deemed necessary that there should be simple, inexpensive and speedy provisions to claim maintenance for the parents. the act is not restricted to only providing maintenance but cast an obligation on the persons who inherit the property of their aged relatives to maintain such aged relatives. one ..... the appellants to approach this court under articles 226/227 of the constitution of india. 34. in the context of the aforesaid discussion about the provisions of the act, now we proceed to analyse two crucial questions referred to aforesaid:- question no. (i):- the stand of respondent no. 7 before the court is not that ..... to frame a comprehensive action plan for protection of life and property of the senior citizens. state government is entitled to frame rules under section 32 of the act. the u.t. administration has framed rules for this purpose. the u.t. administration is also taking other measures for protection of life and property of the .....
Tag this Judgment!Court : Punjab and Haryana
..... and conditions of the policy the insurance company cannot be permitted to contend that it has no liability. this court after considering the relevant provisions of the act and definition and meaning of light goods carriage, light motor vehicles, heavy goods vehicles, finally came to conclusion that the driver, who was holding the licence ..... means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle." 15. "omnibus" has been defined in section 2(29) of the act, as follows :- "omnibus" means any motor vehicle constructed or adapted to carry more than six persons excluding the driving; 16. the vehicle involved in the accident was ..... of this case. the question involved here is whether driving licence of driver of offending vehicle was valid to drive mini bus involved in accident. 11. the act defines different types of motor vehicles in section 2. however, no vehicle termed as 'hmv' i.e. heavy motor vehicle has been defined in this section. .....
Tag this Judgment!Court : Punjab and Haryana
..... raj v. state of punjab and others, 2000(2) r.c.r. (criminal) 695, the supreme court observed that in cases where accusations of dowry deaths are made, the overt acts attributed to persons other than the husband are required to be proved beyond reasons-able doubt and by mere conjectures and implications such relations cannot be held guilty for the ..... of dowry by itself is not an offence under section 498-a or section 304-b ipc but punishable under section 498-a or section 304-b ipc is the act of cruelty or harassment by the husband or the relative of the husband on the woman. as per provisions of section 113-b of the indian evidence ..... act, it is shown that soon before her death a woman has been subjected by any person to cruelty or harassment for, or in connection with, any demand for dowry, the .....
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