Court : Punjab and Haryana
Reported in : AIR1994P& H222
..... the land will be on lease-hold basis on the prescribed terms and conditions laid down in the capital of punjab (development and regulation) act, 1952 and rules and regulations made thereunder from time to time. ..... 'the petitioners, after going through the terms of the scheme, applied for allotment of category iii flats on the prescribed application form and gave undertakings at the end of the application form that they shall abide by the terms and conditions of the scheme and provisions of the chandigarh housing board (allotment, management and sate of tenements) regulations, 1979 and also to pay higher price due to fluctuation in the price of the building materials, labour charges, land costs etc. ..... tejinder kaur, is concerned, it is stated that, no doubt, the board was always keen to complete the construction of flats at the earliest possible time to avoid escalation in the course of construction but respondent-board could not manage due to reasons beyond its control. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H301
..... 1099 of 1967) declared section 9 of the capital of punjab (development and regulation) act, 1952 (punjab act xxvii of 1952), as in force in the union territory of chandigarh, as being violative of articles 14 and 19(1)(f) of the constitution and held that the central government is not entitled to resume the site or building transferred under section 3 of that act, or to forfeit the money paid in respect of such transfer under the said section 9. ..... the concern of the legislature for the planned development and regulation of the new capital of the city is again manifest from the following objects and reasons of the supplementary legislation in the shape of the punjab new capital (periphery) control act, 1952 :--'the punjab government are constructing a new capital named 'chandigarh'. ..... 9 of the capital of punjab (development and regulation) act, 1952 (punjab act xxvii of 1952), as in force in the union territory of chandigarh, as being violative of articles 14 and 19(1)(f) of the constitution and held that the central government is not entitled to resume the site or building transferred under section 3 of that act, or to forfeit the money paid in respect of such transfer under the said s. 9. ..... jot ram, 1975 pun lj 454 : (air 1976 sc 49), a decision rendered by the supreme court. ..... 2649 of 1974 decided on 13-8-1975 in which the vires of section 8-a were upheld by a division bench of this court. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1994]80CompCas30(P& H)
..... to which no notified order authorising any person or body of persons to take over the management of such undertaking was made before the appointed day, (vi) in respect of which an investigation was caused to be made, before the appointed day, by the central government under section 15 or section 15a of the industries (development and regulation) act, 1951, and the report of such investigation was not received by the central government before the appointed day ; and includes any textile undertaking which is deemed, under sub-section (2) of section 4, ..... undertaking in respect of which an investigation has been made under section 15 (whether or not any directions have been issued to the undertaking in pursuance of section 16), is being managed in a manner highly detrimental to the scheduled industry concerned or to public interest, the central government may, by notified order, authorise any person or body of persons to take over the management of the whole or any part of the undertaking or to exercise in respect of the whole or any part of the undertaking such functions of control as may be specified in the order. ..... there is such a law and order situation that an undertaking is closed for a period of not less than three months before the appointed day or because of certain calamity in the family of the management or because of some labour problem, the mills had to be closed, the first condition if read on the face of it would be ..... the present writ petition was filed on march 14, 1975 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1980P& H52
..... (2) without prejudice to the generality of the powers conferred by sub-section (1), and order made thereunder may provide- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops; (c) for controlling the price at which any essential commodity may be bought ..... and the viewpoints of the potato growers and that of the cold storage owners were before the state government and taking into consideration all the relevant material, the state government fixed the charges, as regards the argument that the charges so fixed are violative of article 19(1)(g) of the constitution of india, suffice it to say, that the purpose of the provisions of section 3 of the act is to ensure the availability of essential commodities to the consumers at fair price and though patent injustice to the producer is not to be encouraged, a reasonable return on investment or a reasonable rate of profit is not the sine qua non of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1990P& H259; (1990)98PLR666
..... the punjab act of 1939 like similar enactments in the field of marketing legislation, was the result of a long exploratory investigation by experts in the field, conceived and enacted to regulate the buying and selling of commercial crops by providing suitable and regulated markets by eliminating middlemen and bringing face to face the producer and the buyer, so that they may meet on equal terms, thereby eradicating or at any rate reducing the ..... the contentions of shri sibal as follows:--(i) under the act and the rules a dealer's licence is required only lor carrying on business in the principal market yard or sub-market yard and not outside in the rest of the notified market area for these reasons;(a) the whole of the notified market area is too big an area for any effective control and supervision by a particular market committee;(b) section 6(3) read with section 10 of the act requires a licence by a dealer for doing business in the ..... labour,conversion of the notified areas by utilising technical know-how thereto andbringing about other necessary improvements therein, construction of godownsand other placesof storage, for the agricultural produce brought in the market area for sale/purchase and the construction of rest houses equipped with all modernamenities, to make the stay of visitors (both sellers and purchasers) in themarket area comfortable and for any other pur-pose which may beconsidered by the board to be in the interest of and for the benefit of theperson paying the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H230
..... judgment would show that it is no warrant for the proposition that under the madras cinemas (regulation) act the classification of seats and the prescription of prices for the tickets thereof cannot be either fixed or regulated there under an in-depth examination of the short judgment would indicate that in the opening and in the substantial part of the relevant paragraph 2 of the report the learned judge was only noticing the contentions raised on behalf of the petitioner and not giving his won findings thereon an earlier unreported judgment of the madras high court in universal theatre, tiruppur v. ..... if, as conceded by the learned counsel for the respondents, prices of tickets could be undoubtedly controlled under a specific provision of the act, we are unable to see why it would be impermissible to do so by the statutory rules themselves where the parent act envisages within it the larger power of the 'regulation' and 'licensing' of the trade. ..... once, it is held that 'regulation' and 'licensing' of the trade is the basic postulate of the act, then it is unnecessary to labour the point in any great detail. ..... the licensing authority by its order dated the 26th of february, 1975, had made four classification of seats, namely box ; i st class ; ii nd class/ladies and iii class at the prescribed rate of rs. 2,70; rs. 1.75 rs. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H309
..... 118 (a) the eminent jurist observed as follows;'and it appears in our books, that in many cases, the common law will control acts of parliament, and some times adjudge them to be utterly void; for, when an act of parliament is against common rights or reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void. ..... .'(17) 'admission into and emigration and 'expulsion' from india including in relation thereto the regulation of the movement in india of persons who are not british subjects domiciled in india, subjects of any federated states or british subjects domiciled in the united kingdom ..... chief amongst such contracts is that of personal employment, by which labour and other services are exchanged for money or other forms of property. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H238
..... it held-'the motive and purpose of the present regulation are plainly to make effective the congressional conception of public policy that inter-state commerce should not be made the instrument of competition in the distribution of goods produced under sub-standard labour conditions, which competition is injurious to the commerce and to the states from and to which the commerce flows.' 15. ..... ) 248 us 158, it was held that in the exercise of its police power a state may enact inspection laws which are valid if they tend in a direct and substantial manner to promote the public safety and welfare, or to protect the public from frauds and imposition when dealing in articles of general use as to which congress has not made any conflicting regulation, and a fee reasonably sufficient to pay the cost of such inspection may constitutionally he charged, even though the property may be moving in inter-state ..... by a subsequent notification dated 15-1-1975, that date was specified as the date of the publication of the said notification for the purposes of section 33e of the act. ..... separate written statements have been filed on behalf of the state government, the state drug controller, punjab, chandigarh respondent no. ..... the freedom of intercourse in trade and commerce like any other freedom does not imply an absolute absence of restraint or control, for, individual action has to give way to the larger interests of the community as a whole. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H69
..... the syndics of the university are as a body in a position of superiority to the vice-chancellor and the executive administration of the university is vested in this body along with the control of its revenue and property as provided for by the provisions of section 14 of the guru nanak university act the syndicate is only in a position of slight inferiority to the senate which is the supreme authority of the university. ..... 600/- per mensem plus allowances under the university rules and it was categorically mentioned therein that her appointment would be on probation for a period of one year and her services would be governed under the rules and regulations of the university. ..... which were equally imperative in language for prescribing that every arbitration award and every award of labour court shall within a period of 30 days from the date of its receipt by the appropriate government be published in such a manner as the appropriate government thinks fit. ..... 1213 of 1975 and hold that the adverse remarks referred to therein must be deemed as if they had never been made on the record.54. ..... 1213 of 1975 has been moved on behalf of the vice-chancellor under section 151 of the civil procedure code seeking an expunction of the strictures passed against him.52. ..... 1975. ..... 1975. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H30
..... prescribed under the service regulations did not act on his own judgment, while passing the orders of termination of services of the petitioners, but such orders were passed in pursuance of the directions issued by the chairman of the board, it has been stated in the written statement that every punishing authority independently applied his own mind and since every punishing authority wanted that the order should be in a legal form, he got into touch with the law department of the board and obtained from it a draft of the order to enable ..... the bank challenged that direction, for the payment of the amount to the employees before the labour appellate tribunal which held that, though the strike was illegal, the bank, by its conduct, had precluded itself from exercising the alleged right to dismiss its employees for their participation in such an illegal strike. ..... similar also is rule 19 of the central civil services (classification, control and appeal) rules, 1965. ..... bhagatram sardar singh raghuvanshi) decided by the supreme court on 21-2-1975 = (reported in air 1975 sc 1331).in view of the sharp conflict of judicial opinion and the fact that quite a large number of writ petitions have been admitted, we do not propose to decide this point and prefer to decide these petitions on their merits.5. ..... divisional controller, s. t. .....
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