Court : Punjab and Haryana
Reported in : AIR1958P& H471; 1958CriLJ1529
..... judgment-debtor were engaged in conversation, a crowd collected there and the sub-inspector also reached with a few constables to prevent breach of peace.till then the magistrate's order under section 144, criminal procedure code, had not been served on the ..... this case indicate with sufficient clarity and conviction, that the interference with the possession of the receivers on his part was deliberate and unlawful, despite his having known that the records, which he wanted to obtain, were in the custody of the petitioners appointed by the ..... contempt by interfering with the possession of the receiver that the order was erroneous or unjustified or ill-advised or even contrary to law, so long as, the court making the order acted within the ambit of its jurisdiction.such an order can only be questioned in appeal and so long the court has the authority to pass the order, it cannot be disobeyed. ..... a serious view where responsible public officers act in a manner so as to obstruct the course of justice or prevent the implementation of the orders of, the ..... that they had told the proprietors that the goods could be removed by the receivers only and as the proprietors did not desist from their activities, the workers pitched their tent to watch their own interests. ..... submission that the workers told the proprietors that receivers alone should receive the goods and as the proprietors did not desist from their alleged activities, the workers pitched up a tent to watch their interests.18. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H485; [1962]32CompCas937(P& H)
..... and the following sections pass an order which may have an effect of causing amendment in the rules of a recognised association without obtaining approval of the central government.the powers of this court for prevention of corruption and mismanagement under chapter vi of part vi, subject to the limitations imposed by the provisions therein, are of plenary character and are not abridged by any thing contained in section 6(3) ot the forward ..... contracts in these two commodities could be contracted only through a recognised association.the government of india by another notification of the same date applied section 17 of the forward contracts (regulation) act 1952 to rapeseed and mustardseed oil in the whole of india, the effect of which was to continue the ban on transferable specific delivery contracts for the purchase or sale of these oils.14. ..... the sixth chapter of the companies act deals with the prevention of oppression and mismanagement.section 397 provides relief inter alia where the court is of the opinion that the company's affairs are being conducted in a manner oppressive ..... consists of the non-trading shareholders having no right of vote, calling of a meeting, of passing or objecting to the passing of the balance-sheet, of electing directors or controlling their activities or becoming directors themselves, electing auditors or even declaring or receiving dividend.13. ..... an oppression may be an act of cruelty, severity, unlawful exaction, domination of will .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H93
..... of the doctrine of the moorcock, (aj were stated to be that such an implication of the term in a contract can be made only where it is necessary in order to give a transaction such efficacy as both parties must have intended it to have and to prevent such failure of consideration as cannot have been within the contemplation of either party and the question whether in any particular case such an implication ought or ought not to be made must depend on the particular facts of the ..... prepared to go the whole hog on what he considered to be the implied term of the contract that any suggestion should be implemented, since he has imported the reservations that the defendants could limit the sphere of the activities of the plaintiff and ask the plaintiff to go slow if he was going rapidly, and that they would not be bound to put into practice any scheme which was manifestly dangerous. ..... 9 (page 150) in which he protested for the first time against the proposed transfer of his activities from the spinning to the engineering department and said that he had not yet completed his work in the spinning ..... defendants sold their business and ceased to supply grains to the plaintiffs and it was held that a term could not be implied in the contract to the effect that the defendants would not by any voluntary act of their own prevent themselves from continuing the sale of grains. ..... a term was implied 'that the servant shall not be required to do an unlawful act,' such as driving an uninsured vehicle. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)117CTR(P& H)391
..... ; or (iv) the seller is refusing to accept the payment by way of crossed cheque/draft and the purchaser's business interest would suffer due to non-availability of goods otherwise than from this particular seller ; or (v) the seller, acting as a commission agent, is required to pay cash in turn to persons from whom he has purchased the goods ; or (vi) specific discount is given by the seller for payment to be made by way of cash.' 11. ..... it will be clear from the provisions of section 40a(3) and rule 6dd that they are intended to regulate the business transactions and to prevent the use of unaccounted money or reduce the chances to use black money for business transactions. ..... the income-tax officer disallowed under section 40a(3) of the income-tax act, 1961, read with rule 6dd(j) of the income-tax rules, 1962, certain payments in cash exceeding ..... managing trustee, jalakhabai trust : [1967]66itr619(sc) , while interpreting the scope of section 66(2) of the indian income-tax act, 1922, observed as follows (headnote) :'. . . ..... this petition has been filed under section 256(2) of the income-tax act, 1961, with a prayer to direct the income-tax appellate tribunal, amritsar bench, to draw up a statement of the case and refer the following question of law to this court for adjudication :'whether, on the facts and in ..... there is no restriction on the assessee in his trading activities. ..... if read together, it will be clear that the provisions are not intended to restrict the business activities. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H99
..... acquisition of a fresh status by the vendee for the purposes of pre-emption or only as the removal of a defect which rejuvenates the dormant status into an active life for the purposes of pre-emption, the fact remains that immediately after the removal of the stranger the vendee becomes entitled to claim the right of pre-emption ..... the long established rule that if a vendee having an equal right of pre-emption associates with himself in a joint purchase a stranger, or a person having no right to first refusal under the act, he loses his right of resistance and cannot be allowed to retain even his own share of the purchase, however, held that he would be entitled to resist successfully the pre-emptor's suit if ..... it was ruled that a tenant, who was losing his right of resistance to a suit for pre-emption as provided under section 17-a of the punjab security of land tenures act simply because of the existence of a stranger, can be restored to his right if he gets rid of the stranger before the passing of a final decree in the pre ..... he waives his preferential right and acquiesces in a transfer to a stranger, thus acting as a traitor to those common interests which the right of pre-emption is designed to protect; and when a member of the village has been at the trouble and expense of preventing the intrusion of a stranger, he seeks to deprive him, at the foiled intruder ..... on 15th march, 1967, harnam singh, a brother of gharib singh vendee, brought suit for pre-emption on the plea that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)114PLR496
..... union at bombay is said to have challenged the lock-out notice under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 before the labour court at bombay and the action of the management in declaring a lock-out was held to be legal ..... it may be mentioned that since the management had offices in different states in the country, different state governments made similar references to their respective labour courts wether under the act or under the provisions of a similar law prevailing in those states and different awards have been made by the labour courts, some justifying and upholding the action of the management ..... the labour court at jalandhar also challenged the validity of the lock-out and the state of punjab in exercise of its powers under section 10(1) of the act referred the following dispute for adjudication to the industrial tribunal punjab :-'whether the action of the management in declaring the lock-out is justified and in order if not, what directions ..... in spite of requests made to the workmen to desist from the coercive illegal activities, they continued with the same and according to the management it became impossible ..... between the management and workmen were going on and it is alleged that the workers in the factory at bombay resorted to various acts of indiscipline, coercion and unfair labour practices such as wilful go slow, strikes, gherao, persistent refusal to work over-time and threats ..... air 1967 sc 469 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)105PLR526
..... , or (iv) the seller is refusing to accept the payment by way of crossed cheque/draft and the purchaser's business interest would suffer due to non availability of goods otherwise than from this particular seller; or (v) the seller, acting as a commission agent, is required to pay cash in turn to persons from whom he has purchased the goods; or (vi) specific discount is given by the seller for payment to be made by way of cash. ..... it will be clear from the provisions of section 40a(3) and rule 6dd that they are intended to regulate the business transactions and to prevent the use of unaccounted money or reduce the chances to use black money for business transactions. ..... managing trustee, jalakhabai trust : [1967]66itr619(sc) while interpreting the scope of section 66(2) of the indian income tax act, 1922, observed as follows:- ' the high court is not called upon to decide whether the question sought to be referred may ultimately be decided in favour of the assessee; the high court has only to consider whether a question of law ..... this petition has been filed under section 256(2) of the income tax act, 1961, with a prayer to direct the income tax appellate tribunal, amritsar bench, to draw the statement of the case and refer the following question of law to this court for adjudication:-'whether on the facts and ..... there is no restriction on the assessee in his trading activities. ..... if read together, it will be clear that the provisions are not intended to restrict the business activities. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)117PLR538
..... jhunjhunwala, air 1961 sc 1669, a constitution bench of the supreme court quashed the order passed by the central government in exercise of its appellate powers under section 111(3) of the companies act, 1956 only on the ground that reasons had not been given in support of the order passed by the deputy secretary who heard the appeals. ..... they would also demonstrate how the mind of the maker was activated and actuated and their rational nexus and synthesis with the facts considered and the ..... whether the sales tax tribunal constituted under the punjab general sales tax act, 1948, is required to record reasons and communicate the same to the affected party while exercising appellate/revisional powers under the act of 1948 is one of the main issues which arises for adjudication in this petition filed by the petitioner for quashing of the orders passed by the excise and taxation commissioner, special cell, (i), the joint director ..... first, it is calculated to prevent unconscious, unfairness or arbitrariness in reaching ..... union of india, air 1967 sc 1606, a constitution bench examined the correctness of the order passed by the central government in exercise of its revisional powers under section 30 of the mines and minerals (regulation and development) act, 1957 read with rules 54 and 55 of the mineral concession rules, 1960.the constitution bench reiterated the requirement of recording of reasons and communication; thereof by quasi-judicial authorities and the tribunals and observed .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1999(66)ECC631; 1999LC578(P& H); 2000(118)ELT8(P& H); (1999)122PLR424
..... the petitioner states that 'the allegations are that the entire raw material which was supposed to have been received in the factory premises of the company was diverted elsewhere with the active connivance of the officers of the central excise department. ..... aggarwal had indulged in certain 'mala fide activities alongwith shri umesh chander verma, store incharge' and managed 'some inward raw material from certain firms situated in the states of gujarat and ..... is a central excise officer debarred from arresting a person without a warrant despite the fact that he has reasons to believe that the person is liable to be punished under the central excise act, 1944 this is the short question that arises for consideration in these two writ petitions. ..... on behalf of the petitioners, it was contended that persons of the central excise are vitally different from those under the railway property (unlawful possession) act, 1966. ..... it only provides that the searches and arrests under the central excise act 'shall be carried out in accordance with the provisions of the code of criminal procedure ..... the persons arrested 'shall not be subjected to more restraint than is necessary to prevent his escape. ..... (2) any person accused or reasonably suspected of committing an offence under this act or any rules made thereunder, who on demand of any officer duly empowered by the central government in this behalf refuses to give his name and residence, or who gives a name or residence which such officer has reason .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H331
..... covered by item 63 of list i in schedule vii of the constitution and as the executive power is co-extensive with the legislative power it is the president who is to function as such in respect of my powers which are conferred on him under the act, though named a visitor.we have been referred to several provisions in the constitution as also the authorities on the points by the learned counsel for both sides but it appears that this matter is merely of academic interest as we are ..... can be done if the university in the hands of intriguing officials, and mercenary lawyers seeking continuous briefs, becomes bent upon litigation, particularly with the unlimited public funds at its disposal diverted to unacademic activities what can be done if the university refuses to abide by its own act and statutes and openly disparages its own constitution passed by the parliament of the country? ..... visitor of the university who is the president of india, under section 7a of the act, as amended in 1952, for the annulment of what are characterised as the illegal proceedings of the university by which the petitioner was being prevented from performing his duties as a professor and receiving his legitimate salary as such. ..... member nominated by the petitioner, gave a decision on 17th june 1953 holding inter alia that the petitioner had been acting as the head of the chemistry department till the 6th july 1949 and that his removal from headship as also his dismissal later were unlawful and illegal. dr. .....
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