Court : Punjab and Haryana
Reported in : 2006CriLJ3193
..... of the word 'grounds' in article 22(5) was succinctly explained by the apex court in smt. shalini soni v. union of india : 1980crilj1487 . their lordships of the supreme court observed that 'grounds' under article 22(5) of the constitution ..... document, namely, a communication, dated 20-12-2004, between the directorate of revenue intelligence and the joint director, foreign trade, was not placed before the detaining authority, with the result that his subjective satisfaction stood vitiated on account of non-application ..... observed that the detaining authority, while considering the question of delay, has recorded a finding that the nexus between the act, complained of, and the object, sought to be achieved, continued to exist. thus, the authority was fully conscious of ..... a person for contempt is appealable under clause 15. similarly, in mahomedalli allabux v. ismailji abdulali (1926) 28 bom lr 471 : air 1926 bom 332 the bombay high court held that an appeal lay from an order passed by a single .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H225
..... by shri sibal, the learned counsel for the petitioners, that the learned deputy secretary to the government of india who disposed of the petition under s. 33 of the compensation act (act no. 44 of 1956) has not gone into all the grounds taken in the petition and that, therefore, the order deserves to be quashed. specific reliance has been placed ..... sale in question, according to the learned counsel, is void and, therefore, incapable of transferring any right, title or interest. reliance has been placed on hussian bakhsh v. sarbuland, air 1926 lah 14, which lays down that an agreement by a government tenant admitting his brother to a share in his tenancy without the previous consent in writing of the commissioner ..... taken in the grounds of revision need not be discussed by the central government in its order, and for this submission reference has been made to ranjit singh v. union of india, 1962-64 pun lr 44, where a bench of this court laid down that s. 33 of the displaced persons (c and r .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H173
..... cause or matter passed or made by any court or tribunal in the territory of india'. . in other words by -this article the sovereign prerogatives of the whole union in regard to judicial matters is conferred on the supreme court. this takes the place of section 112 of the civil procedure code which gave unlimited jurisdiction to the king in council ..... of suits by the crown. (see bradlaugh v. clarke, (1883) 52 lj ob 505, which is also reported in 8 a,c. 354 (l). in ex parte caucasian trading corporation ltd., (1896) 1 qb 368 (m), an application to enforce an award in the same manner as a judgment or order to the same effect was held to be ..... can think of many instances which would fall under that expression and not the expression 'civil proceeding', e.g., an application for a permit 'under the motor vehicles act and an application for a mining licence. in cylon election petitions for the legislature were heard by high court judges and determination of the rights of contestants although decided .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H50
..... to save newly started establishments from the additional burden of making contribution to provident fund in respect of its employees under the employees' provident funds act , 1952. in orient weaving mills (p) ltd. v. union of india, air 1963 sc 98, sinha, c.j. (as he then was), who wrote the judgment of the supreme court held ..... point of time etc. in other words the basis of classification may be historical, geographical, in view of difference in time or locality ,. difference in th nature, the trade, calling or occupation of persons sought to be affected by the legislation, difference in the position or nature of different business concerns, difference in the category of employers or ..... to the conditions contained in the two relevant notifications has been granted to all the members of that class in order to protect their very existence in the trade and to enable them to stand in competition with large units and as a result to protect the interest of the workers in those small units who .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H163
..... , volume 14 paragraph 446):--'where, however, a parliamentary election petition complains of the conduct of a returning officer, he will, for all the purposes of the act, except as regards the admission of respondents in his place, be deemed to be a respondent. the allegation against the returning officer need not necessarily be one ..... 125) which provided that when an election petition complained of the conduct of a returning officer, such returning officer shall for all the purposes of the act be deemed to be a respondent. reference was similarly made to the observations in the dissenting judgment of sen j., regarding the express provision contained in ..... election petition will be tried expeditiously and there will be every likelihood of its trial being concluded within six months as contemplated by section 86(7) of the act. secondly, the double trial of the petition will be obviated. take for instance the present case. in the election petition practically all the allegations of corrupt .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H484
..... order imposing the penalty was quashed. it is against that order that the present appeal under clause 10 of the letters patent has been brought on behalf of the union of india and the central board of revenue and others. (3) mr. jindra lal in support of the appeal contends that a fair reading of the order ..... singh, a dealer in watches and doing business in sadar bazar, delhi. the customs officials had received information that these parcels contained goods imported in contravention of the import trade control regulations and certain officials, therefore, went to the post office on the 16th of october, 1957, and kept watch there. shri jagdish singh went to the ..... in question have been imported through unlawful means. i, therefore, order confiscation of the seized 50 pieces of roamer watches under s. 167(8) of the sea customs act, 1878 read with s. 19.'immediately after this he goes on to consider the second question and he says: 'shri jagdish singh cannot absolve himself from the infringement .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H228
..... can no longer be taken as laying down a correct law.........................'38. yet again, some support was sought from the observations in rohtas industries ltd. v. rohtas industries staff union, air 1976 sc 425, by the learned single judge in t. gattaiah's case (1981 lab ic 942) (andh pra) (supra) that a writ of certiorari ..... was in essence an instrumentality or an agency of the state itself, and, therefore, in view of the subsequent decisions of their lordships in som prakash rakhi v. union of india, air 1981 sc 212 and ajay hasia v khalid mujib, air 1981 the mortgage bank despite the fact, that it was a registered co-operative society ..... of mandamus can issue to a mere company registered under the companies act for the violation of any settlement expressly recorded or sanctified by the industrial disputes act itself. in holding as above, their lordships referred with approval to the earlier observations in sohan lal v. union of india, air 1957 sc 529, wherein it was observed as follows .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2003P& H229
..... taxing statute is not invalid on the ground of discrimination merely because other objects could have been but are not taxed by the legislature. v. venugopala ravi varma v. union of india (1969) 3 scr 827 : (air 1969 sc 1094). when a statute divides the objects of tax into groups or categories, so long as there is ..... , therefore, it has to conform to article 301 and 304 of the constitution. according to the learned counsel imposition of octroi would impede the inter state freedom of trade and octroi and would work against the public interest.16. mr. naresh k. joshi, learned assisant advocate general, haryana has submitted that there is a world of ..... has not been made on account of any declaration made by judicial pronouncements or for any other valid reason. according to the learned counsel retrospective operation of act no. 7 of 1980 would be permissible because withdrawal of any financial benefit by an amendment made with retrospective effect must ordinarily be held to be unreasonable and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR571
..... also averred that with a view to harass the respondent-petitioners, the landlord got the building resumed from the estate officer, union territory, chandigarh under the public premises (unauthorised occupants) act, 1973. respondent-petitioners have filed appeal before the chief administrator chandigarh administration, which is pending wherein the stay has been granted ..... filed ejectment petition under section 13-a of the east punjab urban rent restriction act, 199 (in short the 'act') for respondent-petitioners' ejectment from the demised premises comprising basement, ground floor and first floor of house no. 1926, sector 34-d, chandigarh alleging that he is a specified landlord under clause ..... (hh) of section 2 of the act. the premises was demised to the respondent-petitioners under lease deed dated 22.9.1983 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H402
..... and no case has been quoted to the contrary, the dismissal of a servant by the crown and now in india by the state or the union has never been held to be an act done in a judicial capacity of the person deciding the question of punishment.in the very nature of things it could not be crown claimed and it ..... should hot be inflicted upon him and when the hearing is had before an unbiassed and unprejudiced officer. 1957 pun lr 532: (air 1958 punj 327); khem chand v. union of india, air 1958, sc 300. the enquiry officer must conduct the, hearing with open mindedness, fairness and impartiality and must approach the hearing without bias and without-prejudgment ..... the district superintendent of police and this ease, therefore, is not of much assistance in that matter.he then relied on frome united breweries co. ltd. v. bath justices, 1926 ac 586, that case again is not of much assistance in the present set of circumstances because as was pointed out at page 591 the justices when sitting as a .....
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