Court : Punjab and Haryana
Reported in : 1991CriLJ1807
..... sawhney has relied upon 'superintendent and remembrancer of legal affairs west bengal v. ..... read with article 227 of constitution of india for quashing the complaint, charge and other proceedings thereof pending in the court of chief judicial magistrate, rewari, under prevention of food adulteration act, 1954. ..... of the constitution of india for quashing the complaint, charge, order of additional evidence and other proceedings thereof pending in the court of sub-divisional judicial magistrate, rewari, district mahendergarh under the prevention of food adulteration act, 1954. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)112PLR648
..... in october, 1981, february 1982, and march, 1982 the land was under acquisition and on the dates when the sale-deeds are alleged to have been executed, declaration section 6 of the act was operational and therefore, there is no possibility of land-owners knowing that the land would again be denotified and brought under acquisition. ..... it has been held by the supreme court in administrator general of west bengal v. ..... 1395 of 1977 wherein the very contention new raised by the counsel for the state was not accepted as this court was of the view that as per provisions of section 48 of the act, determination of compensation for acquisition section 23 of the act has nothing to do with the determination of compensation for damages suffered by the claimants. ..... it is no doubt odd that excess compensation given to a person by the land acquisition collector to which he was not entitled to, cannot be recovered because of direction in section 25(1) of the act to the effect that the amount of compensation awarded by the court shall not be less than the amount awarded by the collector section 11, but this is a defect in the act and can be removed by the legislature and not by the courts. ..... vide notification dated 15.12.1982 issued section 4 of the land acquisition act (for short the act) land was acquired for public purpose i.e. ..... 1395 of 1977 the act has been amended and interest provided section 34 of the act ranges between 9 to 15 per cent, but this amendment has come into being w.e.f. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1997CriLJ2056
..... in the case of west bengal v. ..... the prosecution has alleged in that application that sanction for the prosecution under section 19 of the prevention of corruption act was granted by the competent authority and the sanction order was filed along with the documents when the challan was presented but inadvertently the sanction order could not be mentioned in the list of ..... state of punjab, air 1965 sc 328 : (1965 (1) cri lj 350) it has been held that if the persons who had witnessed an incident had been deliberately kept back, the court may draw an inference against the prosecution and may in a proper case, regard .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)135PLR195
..... the landlord sought amendment of the petition after the hon'ble supreme court set aside the amendment in the east punjab urban rent restriction act, whereby the right to evict the tenant from non-residential building on account of bona fide personal use and occupation in an judgment reported as harbilas rai bansal v. ..... following the said judgment provisions of haryana urban (control of rent act and eviction) act, 1973 were held to be discriminatory by division bench of this court so as to deny the eviction of the tenant from a non-residential building on account of bona fide personal use and occupation, in a judgment reported as state of haryana v. ..... the division bench has considered the entire provisions of the act and returned the finding of denial of right of eviction to the landlord from a non-residential building as discriminator)' and therefore, struck, down being violative of article 14 of the constitution of india.3. ..... in harbilas rai bonsai's case (supra) the supreme court has struck down the provisions of amending act whereas, the haryana urban (control of rent & eviction) act was introduced in the year 1973. ..... the premises for his own occupation; (ii) that he is not occupying any other building in the urban area concerned: (iii) that he has not vacated such a building without sufficient cause after the commencement of 1949 act in the said area. ..... the landlord also pleaded that it has not vacated any premises after the enactment of east punjab urban rent restriction act, 1949. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005]124CompCas201(P& H); (2004)4CompLJ288(P& H); [2004]55SCL165(Punj& Har)
..... . the west bengal legislature passed an act (west bengal oriental gas company act, 1960) [15 of 1960] with a view to take over the management and ..... pertain to a subject falling under an entry in the state list (entry 18), and therefore, are not subject to regulation at the hands of a law enacted by parliament conversely, it is reiterated that the sebi act, was enacted to regulate securities and future markets, and since the activities of the pgfl (sale and purchase of agricultural land and/or development of agricultural land) by no stretch of imagination, can be stated to ..... that the impugned act was within the legislative competence of the west bengal legislature and was ..... out the following facts:--firstly, the activities carried out by the pgfl have all the mandatory features specified in the definition of a 'collective investment scheme' under section 11aa(2) of the sebi act- in this behalf, it is pointed out that all the four mandatory features, have been brought out in the order of the board dated 6-12-2002.secondly, from the salient features ..... through the aforesaid show cause notice, of the order dated 24-2-1998 (which was also incorporated in the press release, passed by the board under section 12b of the sebi act, restraining entities from mobilising any money, from the public or from the investors under the existing schemes, unless the instruments of such schemes, carry a rating from one of ..... to the companies (amendment) act, 1965, which drastically increased governmental .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR558
..... . however, the second appeal filed by the tenant was allowed by the high court vide judgment and decree dated 28.1.1976 holding that by virtue of west bengal premises tenancy act, 1956 being extended to memari during the pendency of the first appeal, the first appellate court was bound to take into account the change of law and to extend its benefits to the tenant and consequently ..... an example nearer home, if we may assume that a small township like morinda which may earlier have not been an urban area, was later brought within the ambit of the act, then the decrees of eviction granted under the general law by civil courts would be rendered in executable by section 13(1) and the object of granting protection to the tenants fulfilled. ..... court dismissed the suit of the plaintiffs, holding that the suit was not maintainable in view of the fact that during the pendency of the suit, the haryana urban (control of rent and eviction) act, 1973 (hereinafter referred to as haryana act) had become applicable to panchkula town, in view of the notification dated 25.1.2001 and the civil court had no jurisdiction to try the present suit. ..... . in the reported case, the hon'ble supreme court was considering the question with regard to the applicability of the provisions of haryana act, in respect of those cases, where civil suits for possession by way of eviction had been filed by the landlords, seeking ejectment of the tenants from the demised premises before the expiry of the exemption period of 10 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR440
..... order no.en-ll/2kl/ 13733 dated 24.9.2001 vide which shri gulab singh was dismissed from service of the university and the appeal dated 15.10.2001 under sub section 14 of section 9 of the maharishi dayanand university act, 1975, made by shri gulab singh against his dismissal.8. ..... that is, 'no man ought to be a judge in his own case, because he cannot act as judge and at the same time be a party'. ..... the chancellor acts under section 9(14) of the maharishi dayanand university act (hereinafter referred to as 'the act'), as the appellate authority against the orders passed by the executive council or the vice-chancellor, in respect of any disciplinary action taken against any ..... it was also alleged that the petitioner acted in connivance with the subordinate staff for tampering with the ..... shri gulab singh should have acted promptly and the principal of the school/college to whom the wrong verification had been conveyed by the certificate section should have been immediately informed about the correct ..... of forgery were not reported by him to any superior officer and he himself was in connivance and directly involved in the bungling and tampering of record and was thus guilty of acts of omission and commission. ..... 597.section 9 (14) of the act is as follows:-'9 (14): any employee of the university who is aggrieved by the decision of the executive council or the vice-chancellor in respect of any disciplinary action taken against him, may address a memorial to the chancellor in such manner as may .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR238
..... deemed to have been sanctioned, as the same was not rejected in writing within the statutory period of 90 days of is submission as required under the provisions of the 1952 act and also sought permanent injunction restraining the defendants and their agents from interfering in any manner in the works undertaken by the plaintiff over the land and from demolishing the construction ..... section 5) nor any land within the 'controlled area' can be used for purposes other than those for which it was used on the date of notification under section 3 of the 1952 act, particularly such land cannot be used for the purposes of charcoal kiln, pottery-kiln, brick- kiln or for quarrying stone, bajri or kankar or for other similar extractions or ancillary operations ..... facts, however, were concealed in the present suit;(iii) the area in dispute is a 'controlled area' as declared vide government notifications dated february 27, 1953 issued under the act, therefore, the land cannot be used for the purpose other than the purpose for which it was being used on the date of afore-mentioned notifications; further as per the development ..... plan, the area was declared under section 4 of the act as agricultural/afforestation/forest zone and in view of section 11 of the act, no land within in controlled area, except with the permission of the state government, can be used for the purpose other than for which it was .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2006CriLJ487
..... state of west bengal 1998 (1) rcr (crl) 403.14. ..... pr) made by the deceased under section 32 of the evidence act, inasmuch as it is an admitted fact that surjit singh deceased had sustained two injuries on his person on 5-5-1995 at about 9.00 p.m. ..... therein, if there is nothing on record to show that the statement could not have been true or if the other evidence on record corroborates the contentions of the statements, the court can certainly accept the same and act upon it. ..... the contention overlook's the express provision in section 32 of the evidence act. ..... at the first place, he submitted that the statement (ex.pr) of surjit singh (deceased) recorded under section 154 of the code of criminal procedure cannot be taken as a dying-declaration and as such, the same is inadmissible under the evidence act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)146PLR685; (2007)5VST308(P& H)
..... clause (i) of sub-section (6), and give him an opportunity of being heard and if, after the enquiry, such officer finds that there has been an attempt to avoid or evade the tax due or likely to be due under this act, he shall, by order, impose on the consignor or consignee of the goods, a penalty, which shall not be less than twenty per cent and not more than thirty per cent of the value of the goods and in case ..... it was held that the provisions being machinery provisions enacted to ensure that there was no evasion of tax, were incidental to entry 54, list ii of the seventh schedule to the constitution and presumption contained in section 28b of the act not being conclusive, merely laid down a rule of evidence, shifting burden of proof on the persons not carrying the documents to show that goods were not sold inside the state. ..... pradesh high court was dealing with a number of writ petitions filed to challenge show cause notice as to why penal action should not be taken for violation of the provisions of the andhra pradesh general sales tax act, 1957 on the allegation that intra-state sales taking place in the state were being shown as inter-state sale and on enquiry, a scam came to the notice of the department. ..... it deals in goods manufactured from cast iron and is also a consignment agent of electro-steel castings limited, kolkata (west bengal) for cast iron items.4. ..... minister of housing and local government [1965] 1 wlr 1320. .....
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