Court : Punjab and Haryana
Reported in : AIR1975P& H343
Tuli, J. 1. This order will dispose of 21 writ petitions (Nos. 87, 125, 155, 161, 191, 194, 225, 247, 251, 282, 303, 304, 307, 312, 327, 357, 408, 424, 471, 488 and 646 of 1975), as they challenge the validity and constitutionality of certain provisions of the Punjab Betterment Charges and Acreage Rates Act, 1952. (hereinafter referred to as the Act) and the Rules framed thereunder, as are applicable to the State of Haryana. The Act received the assent of the Governor of Punjab on January 5, 1953, and was published in the Punjab Government Gazette (Extraordinary) dated January 21, 1953, and came into force in the territories comprised in the then State of Punjab on that date. The Patiala and East Punjab States Union also enacted the Pepsu Betterment Charges and Acreage Rates Act, 1954. which was in force in the territories of that State when the merger of the two States of Punjab and Pepsu took place with effect from November 1, 1956. Thereafter, it was considered desirable that in the...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H83
M.B. Sharma, J.1. The petitioner joined the Punjab Vidhan Sabha Secretariat as a Clerk in 1952. He was promoted as an Assistant in 1958 and thereafter appointed to the post of Deputy Superintendent on December 23, 1970.2. Shri Gurbachan Chand respondent No. 4 is the member of a scheduled caste. He was appointed as a Clerk in the said secretariat in July, 1966, and was promoted as an Assistant in November, 1966. On January 5. 1971, Shri Didar Singh Bedi, Deputy Superintendent proceeded on earned leave for 32 days and in the resultant leave vacancy Shri Gurbachan Chand respondent No. 4 was promoted as Deputy Superintendent on ad hoc basis. The note appended to the order of promotion dated January 14, 1971, An-nexure 'A', shows that respondent No. 4 had been appointed out of turn against the post reserved for the members of the scheduled castes. On the return from leave of Shri Didar Singh Bedi, respondent No. 4 Shri Gurbachan Chand was again reverted to the post of an Assistant.3. The pe...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H140
B.S. Dhillon, J.1. This judgment will dispose of Civil Writs Nos. 708, 791, 792, 893, 900, 907, 908, 1022, 1224, 1225 and 1226 of 1972. Since in all these writ petitions the scheme finally approved by the State Government under Section 68-D of the Motor Vehicles Act, 1939(hereinafter referred to as the Act), Annex. 'B' with this writ petition, is being impugned on the same and similar grounds, therefore, all these writ petitions are being disposed of by a common judgment.2. The facts and the grounds as mentioned in Civil Writ No. 708 of 1972, may only be mentioned because the facts and ground of challenge in all these writ petitions are the same. All the petitioners are existing transport operators. The Patiala Bus (Sirhind) Private Limited, Sirhind, petitioner in Civil Writ No. 708 of 1972, with its head quarters at Sirhind, is holding State Carriage permits issued by the State Transport Commissioner Punjab on various routes. This Company was also operating on Ludhiana Ambala Cantt. a...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H170
B.R. Tuli, J. 1. The Punjab University was incorporated under the East Punjab University Act 7 of 1947 (hereinafter referred to as the Act). This Act replaced the East Punjab University Ordinance, 1947. The seat of the University was stated to be Simla or such other place as may be determined by the Government. To begin with, the University worked from Solan and with the establishment of Chandigarh, its headquarters were shifted to that place. An amendment was made in Section 3(b) of the Act so as to provide that 'the seat of the University shall be at Chandigarh'. The necessity to establish this University arose because the Punjab University at Lahore became a University of foreign country on the partition of the country and it fell within Pakistan and could not have any jurisdiction over the colleges situated in India. Section 26 of the Act gave the list of colleges which were affiliated to it under the Act. This list shows that various colleges situate in Delhi, East Punjab and East...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H471
D.K. Mahajan, J.1. This order will dispose of Civil Writ Petitions Nos. 3759 of 1968 and 470 of 1969. Both these cases were referred to a Full Bench by Harbans Singh and S.S. Sandhawalia, JJ. That is how, these cases have been placed before us for disposal.2. Initially, three points were urged before the Division Bench, namely:---(1) That in view of the preamble of the Punjab Professions, Trades, Callings and Employments Taxation Act, 1956 (Punjab Act No. 7 of 1956) (hereinafter referred to as the Professions Tax Act), the Act does riot apply to the Union Territory of Chandigarh, because no change has been made by the Adaptation Order in the preamble; and the Act only applies to the territories of the Punjab; (2) That the Act has become ultra vires the Constitution with effect from the date of formation of the Union Territory of Chandigarh, in view of Art, 276 of the Constitution of India; and, therefore, no tax can be levied on persons engaged in any trade, calling or profession; and ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1971]41CompCas693(P& H)
ORDER1. This is a petition under Arts. 226 and 227 of the Constitution of India in which prayer has been made that a writ in the nature of certiorari or any other suitable writ or direction be issued quashing the orders Annexures 'G' and 'H' passed by the Governor of Haryana, whereby the petitioner was removed from the office of the Managing Director of the Haryana State Small Industries and Export Corporation Ltd. (hereinafter called the Corporation), and also his nomination as director of the Corporation cancelled. Further prayer is that the petitioner be declared entitled to the salary of a Joint Director, Industries Department, from which post he was sent on deputation and he must be deemed to be holing the post of a Joint Director during his terms of foreign service and even after his recall from the Corporation till he is removed from that post in accordance with law. The petitioner also challenges the appointment of respondent 9 as Deputy Principal Secretary to the Chief Ministe...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H395
1. The constitutional validity of the Instruction No. 21146-206/B dated the 25th of August, 1964, issued by the Inspector General of Police, Punjab, to all Heads of the Police Offices, and also its conflict with the relevant Punjab Police Rules are the primary questions which fall for determination in these five Letters Patent Appeals (159, 137, 165 of 1969, 471 and 527 of 1968) and two writ petitions (2245 and 2348 of 1968). Common questions of law and fact, arise in these cases and we deem it expedient to deal with all of them by this judgment.2. The facts in Letters Patent Appeal No. 159 of 1969 (The State of Punjab v. Kirpal Singh) alone may be first noticed in detail. The respondent Kirpal Singh enlisted as a Foot Constable in the Punjab Police in 1941 and after promotion as Head Constable was confirmed as such in the year 1951. Dismissed on a charge of corruption after a departmental enquiry, he was, however, reinstated on the 18th of February, 1956, and subsequently his name was...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H112
Capoor, J.1. The petitioner in this writ petition under Article 226 of the Constitution of India is Dr. K. S. Rai. The petition was originally presented on 13th September, 1968, and was admitted on the 16th September, 1966. The respondents to the petition were (1) State of Punjab and (2) Dr. K. Moti Singh, Officiating Director Health Service, Punjab, Chandigarh. The prayer was for the issuance of an appropriate writ, direction or order quashing the orders of the Government (Respondent No. 1) dated the 1st of January, 1966, abolishing the post of Deputy Director, Research and Medical Education (hereinafter referred to as, D. D. R. M. E.) reverting the petitioner to the post of Professor, Forensic Medicine as also the order of the Government dated the 27th/ 29th April, 1966, appointing Respondent No. 2 to the newly created post of Additional Director of Health Services and for a direction to the Government to consider the case of the petitioner for appointment to the latter post and for ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H161
S.S. Sandhawalia, J.1. These two connected Appeals Nos. L.P.A. 427 of 1967 and L. P. A. 1 of 1968 on behalf f the Union of India and others and Sunder 'Singh and others respectively are under Clause 10 of the Letters Patent and are directed against the judgment of Tek Chand, J., dated the 20th October, 1967. By said order the learned Single Judge had allowed the petition under Article 226 of the Constitution filed by P. C. Bahl, respondent No. 1 and granted him a writ of mandamus directing the appellants in L. P. A. No. 427 of 1967, to prepare a fresh seniority list in accordance with the judgment under appeal. As the points of facts and law arising in the two appeals are identical they will be disposed of by a single judgment. 2. The facts giving rise to the filing of the writ petition by P. C. Bahl, respondent No.1 in both the petitioners may now be surveyed. Respondent No. 1 is a member of the Punjab State Civil Service and he was confirmed therein on the 1st of June, 1948. From the...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H79
Gurudev Singh, J.1. This order will dispose of 14 petitioners under this Articles 226 and 227 of the Constitution (Civil Writ Nos. 2198 of 1966 and 159, 206, 416, 438, 439, 443, 484, 517, 518, 636, 2547 and 2720 of 1967), in which common questions of law have been raised. Dr. Shanthi Sarup Sharma and other petitioners have been engaging in and carrying on the business of manufacture and sale of bricks in various parts of the State of Punjab, as it stood before its reorganization in the year 1966. All of them hold valid licences to carry on this trade in accordance with the provisions of the Punjab Control Bricks Supplies Order, 1956, and they are running brick-kilns for manufacture of bricks in the lands, of which some of the petitioners are owners, and the other lessees.2. In the year 1957 the Parliament enacted the Mines and Minerals (Regulation and Development) Act LXVII of 1957 (hereinafter called the Act ) for regulation of mines and development of minerals under the control of th...
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