Court : Punjab and Haryana
Reported in : AIR1953P& H3
..... from trinidad, the rule in regard to domestic tribunals was restated by their lordships of the privy council, and maugham j.'s view in -- 'maclean v. the workers' union', (1929) 1 ch. 602 and the rule in -- leeson v. general council of medical education and registration', (1890) 43 ch. d. 366 were approved of by ..... the primary rule ofnatural justice. the judicial committee deniedthat right to make his defence as that had noapplication to so executive a matter as thecancellation of a trading licence. in the lawquarterly review of january 1951 at p. 103these judgments of their lordships have beenthe subject-matter of some adverse criticism.the article ends as ..... licence was not judicial but executiveaction, so that it could not be brought up forreview by certiorari and, even if this were notso, that the controller had acted in accordancewith natural justice and had ample materialbefore him to justify his conclusion. in --'nakkuda ali's case' the complaint of thedealer was that the controller's .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1988(33)ELT331(P& H)
..... did not supply the price list subsequent to the year 1970. c.w.p. 1109 of 1980 has been filed to challenge not only the orders of the union of india and the departmental officers below, but also to dispel the claim of the respondents that the excise duty was leviable on metal containers separately when concededly excise ..... under the unamended of amended section 4, the price of the goods at which they are ordinarily sold by the assessee to a buyer in the course of wholesale trade, would include elemental profit and loss. there is a provision in the rules for provisional assessment of duty under rule 9b. under chapter viia of the rules, ..... up in unit containers (hereinafter shortly referred as p.p. foods). both the tariff items having attracted imposition of excise duty, the petitioner obtained licences under the act to manufacture or to produce the said items. the fabricating process of the tin containers as described by the petitioner-company is through a mechanical automatic process which is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H303
..... the application holding that the question whether to an open piece of land let for purposes of constructing building for residence, education, business or trade, section 6(1) of the act applied was res judicata since it had been finally decided by the high court between the same parties in respect of the same land in ..... the respondent joined the service of the erstwhile state of patiala as officiating octroi maharrir in may, 1941. after the formation of the patiala and east punjab states union (hereinafter referred to as pepsu) on august 20, 1948, he was integrated in the service of the pepsu and promoted as an assistant with effect form october 6 ..... this application on the ground that the provisions of the statute above-mentioned did not apply to open land let out for constructing buildings for residence, education, business, trade or storage. this order was confirmed on september 28, 1955, by a learned single judge of the bombay high court in a group of revision applications, namely, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H429
..... liable to dismissal under sub-section (3) or section 90 because of non-compliance of sub-section (3) or section 81 of the representation of the people act, 1951 (act 43 of 1951). 5. the last question was considered as one of the preliminary questions by the learned tribunal, and disposed or by its order of november 9 ..... given or signed as requires by law, it would still not bring the case under section 198 of the penal code. in birendra nath v. umananda mukherjee, air 1926 cal 258, suhrawardy, j. has come so far as to say that the certificate contemplated, by section 197 of the penal code is a certificate which is required ..... this particular elector's handwriting in english. several factors would, from the very nature or things, fall for consideration for coming to the conclusion that the secretary acting as returning officer was so very familiar with the english handwriting of the elector concerned that he could without reasonable hesitation or doubt identify his handwriting merely by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H51
..... annie besant v. narayaniah, ilr 38 mad 807:(air 1914 pc 41), a decision by the privy council,and fakhr-ud-din khan alias harbans rai v. mst.biro, air 1926 lah. 393, a decision by a singlejudge of the lahore high court, and smt. shantidevi v. gian chand, (1956) 58 punj lr 496; (air1956 punf 234) a ..... considerations of the benefit and welfare of the minor. i am conscious of the fact that this was the position even before the enactment of the hindu minority and guardianship act; but by enacting this provision the parliament has, in my opinion, unambiguously indicated in the clearest language, by providing in the statute, that even in the appointment ..... and true purpose and equity of the basic principles underlying the subject-matter of the legislative scheme or plan are effectively carried out. the hindu minority and guardianship act having been enacted to amend and codify certain parts of the law relating to minority and guardianship among hindus, it is incumbent on the courts to give proper .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H104
..... negligence' and, what is termed as 'composite negligence'. the term 'contributory negligence' applies solely to the conduct of a plaintiff. it means that there has been an act or omission on his part, which has materially contributed to the damage.'17. i am in respectful agreement with the observations in the above two cases. though this was ..... :--'i award shrimati bhagwanti in her own right and as guardian of minor children rs.31,500/- as compensation under section 110-b of the motor vehicles act against shri darshan singh and krishna roller and flour mills limited jointly and severally.'from the above facts, the learned counsel for the respondents argues that whole ..... , namely:-- (a) where the vehicle is a goods vehicle a limit of twenty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to employees (other than the driver), not exceeding six in number, being carried in the vehicle; (b) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)114PLR227
..... be binding on all courts within the territory of india and under article 144 all authorities, civil and judicial in the territory of india shall act in aid to the supreme court.'in shama rao v. union territory air 1967 sc 1180, it was held that, 'it is trite to say that the decision is binding in case of its conclusion ..... the validity of a law enacted by parliament giving retrospective operation to laws passed by the state legislatures imposing a tax on certain sales in the course of inter-state trade. one of the contentions raised against the validity of this legislation was that having regard to the terms ofarticle 206(2) the retrospective legislation was not within the ..... in case of default in the payment of the tax the liability of which is itself in doll drums.80. lord dunedin in witney v. commissioner of inland revenue, (1926) a.c. 37, noted the following three stages for the imposition of tax;'there is the declaration of liability, that is the part of the statute which determines what .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2002P& H112
..... entry 33 of list iii. entry 54 which deals with taxes on the sale or purchase of goods other than newspapers. enty 60 taxes on professions, trade, callings and employments. similarly, even list iii -- concurrent list....also supports the legislative competent of the punjab assembly for imposing the cess on the milk ..... plants. entry 33 deals with trade and commerce and the production, supply and distribution of.... food stuffs including edible oil seeds and oils' on the basis of these entries, the respondents ..... petitioners, contended that the milk process-ing units are a 'scheduled industry' controlled by the union of india. the units are governed by the provisions of the industries (development and regulation) act, 1951 (hereinafter referred as the 1951 act). the field being occupied the state was not competent to promulgate the impugned legislation. secondly, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2002]127STC116(P& H)
..... 33 of list iii. entry 54 which deals with taxes on the sale or purchase of goods other than newspapers...entry 60 taxes on professions, trades, callings and employments. similarly, even list iii--concurrent list....also supports the legislative competence of the punjab assembly for imposing the cess on the milk ..... plants. entry 33 deals with trade and commerce and the production, supply and distribution of....foodstuffs including edible oil seeds and oils'. on the basis of these entries, the respondents ..... petitioners, contended that the milk processing units are a 'scheduled industry' controlled by the union of india. the units are governed by the provisions of the industries (development and regulation) act, 1951 (hereinafter referred to as 'the 1951 act'). the field being occupied, the state was not competent to promulgate the impugned legislation. secondly .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H356
..... ) and 23 (regulation of mines and mineral development subject to the provision of list i with respect to regulation and development under the control of the union) respectively. therefore, parliament can only pass legislation regarding regulation of mines and mineral development. similarly, the state legislature can, subject to entry 54 in ..... , (1851) 3 hlc 638), that words must be taken in their legal sense unless a contrary intention appears.'in chesterman v. federal commissioner of taxation, 1926 ac 128; lord wrenbury expressly reaffirmed the above dictum. yet again in laurence arthur adamson v. melbourne and metropolitan board of works, air 1929 pc 181, ..... , air 1954 sc 465. in that case section 3 of the essential supplies (temporary powers) act, 1946, which authorised the central government to provide for regulating, prohibiting the production, supply and distribution and the trade and commerce in any essential commodities by an executive order was assailed as ultra vires on the ground .....
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