Court : Punjab and Haryana
..... sent to headquarters office for further necessary action as in the ambala division, there was no competent authority to accept the voluntary retirement of a gazetted officer of railway protection force. on 6.2.1989, after a lapse of 2 months and 16 days, the petitioner submitted a request for withdrawal of voluntary retirement notice, which was also ..... his legal representative. as pleaded in the petition, the facts are that in the year 1956, davinder singh randhawa (herein referred as `the petitioner') had joined the railway protection force as sub inspector. in 1968, he was promoted as inspector and as inspector grade-i in the year 1983. in the year 1984, he was promoted as ..... the petitioner did not report for duty taking the plea that orders for joining duty were not received by him. it is the case of the respondents that this act of the petitioner clearly reflects that he intentionally avoided to receive the orders as well as to report for duty. he finally reported for duty on 27.9.1990 .....
Tag this Judgment!Court : Punjab and Haryana
..... dissolution. in the case of dissolution, provision shall be made for the necessary protection of any children . it is further argued that the parties are sikh by religion and are governed by the hindu marriage act, 1955 (hereinafter referred to as the act of 1955 ) in which section 5 provides for conditions for a hindu ..... penalogical interest of the state permits or ought to permit creation of facilities for the exercise of right to procreation during incarceration? iii. whether right to life and personal liberty guaranteed under article 21 of the constitution include the right of convicts or jail inmates to have conjugal visits or artificial insemination (in alternate ..... was totally innocent and possessory of all human rights without any curtailment unlike the instant case where both of them are convicts and undergoing death sentence and life conviction, respectively; (iii) even the most liberal view taken by some of the european or american courts would not justify the claim put forth by .....
Tag this Judgment!Court : Punjab and Haryana
..... be adopted. it was further held in the said authority that unless want of bona fides or inaction or negligence is proved to deprive a party of the protection of section 5, the application must not be thrown out. it was further held that mistake of the counsel, by itself, is always sufficient cause, for condonation ..... delay. expression "sufficient cause" is adequately elastic. the court is to apply the law in a meaningful manner which subserves the ends of justice, that being the life-purposes for the existence of the institution of courts. court should not adopt an injustice oriented approach, in rejecting the application for condonation of delay. in n. balakrishnan ..... (annexure-p-3), passed by the learned civil judge (junior division), khanna, whereby an application filed under section 5 read with section 14 of the limitation act for condonation of delay in filing the application under order ix rule 13 cpc for setting aside ex-parte judgment and decree dated 7.2.1996 was dismissed being .....
Tag this Judgment!Court : Punjab and Haryana
..... notification by the social welfare department dated 20.08.2013 constituting a special cell qua the life and property to be protected under section 22 (2) of the act would not suffice. in fact sub section (1) of section 22 of the said act requires the state government to confer powers and impose duties on a district magistrate to ..... . one of the major aims was to provide for the institutionalization of a suitable mechanism for the protection of 'life and property of older persons'. 29. section 2 contains the definitions and clause (f) defines 'property' as under:- definitions:- in this act, unless the context definitions otherwise requires:- a) xx xx xx b) xx xx xx c) ..... of the powers, inter-alia are to provide for implementation of the provisions of the said act under sub section (1) of section 22 (clause (e) of sub section (2) of section 32) and a comprehensive action plan for providing protection of life and property to senior citizens under sub section (2) of section 22 (clause (f) of .....
Tag this Judgment!Court : Punjab and Haryana
..... superintendent jail, head warder and warders, who were on duty throughout the period the under-trial raju was under judicial detention, have taken steps to ensure protection of his life and even after the receipt of injuries by him neither they had come forward to explain under what circumstances he received injuries culminating into his death or what ..... report and also whose names have not cropped up and who have a role, actively or passively, to play in commission of the crime through a series of acts. having regard to the fact that top officials of the administration are involved, it would sub-serve the ends of justice if the investigations are ordered to ..... police had subsequently registered a false case by way of fir no.87 dated 15.10.2013 under section 21/22 of the narcotic drugs and psychotropic substances act, 1985 at police station maqboolpura against raju on the allegations that he was arrested near gaushala roundabout on 15.10.2013 and 105 intoxicating capsules were recovered from .....
Tag this Judgment!Court : Punjab and Haryana
..... the apex court, as noticed above. (vii) we do not subscribe to the view that the public authorities could claim total immunity and protection from the provisions of sections 25-f and 25-b of the act by taking resort to and shielding themselves on account of the fact that the posts were not filled up in accordance with the relevant ..... of u.p. v. charan singh; 2015 (2) sct 597 : (2015) 8 scc 150 where the supreme court has examined illegal termination from the stand point of right to life and right to livelihood. the period of service as mali for 6 years is sufficiently long not to blindly apply the law that a workman has no automatic right to ..... notice nor compensation was paid to the workman and, therefore, it followed that section 25-f of the act was violated. the labour court found the defence of the management false with respect to protection afforded by section 25-h of the act. the admitted position before the court emerging from the statement of mw1 surjit singh is that one binder singh .....
Tag this Judgment!Court : Punjab and Haryana
..... no.1. vide order dated 9.7.2011, judicial magistrate first class, faridabad, had allowed the application under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') filed by respondent no.1, holding that respondent no.1 had been a victim of domestic violence. respondent no.1 was held entitled ..... to the protection order, residence order and monetary order. the petitioner filed an appeal under section 29 of the act against the order dated 9.7.2011, which has been dismissed by the learned additional sessions judge, faridabad, vide ..... in dispute under the ownership of petitioner and has remained in domestic relationship with the petitioner. 9. the word "domestic relationship" is defined in section 2 (f) the act as under: - "2 (f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared .....
Tag this Judgment!Court : Punjab and Haryana
..... by the social welfare department dated 20.08.2013 constituting a special cell qua the life and property to be protected under section 22 (2) of the act would not suffice. in fact sub section (1) of section 22 of the said act requires the state government to confer powers and impose duties on a district magistrate to ..... . one of the major aims was to provide for the institutionalization of a suitable mechanism for the protection of 'life and property of older persons'. 29. section 2 contains the definitions and clause (f) defines 'property' as under:- definitions:- in this act, unless the context otherwise requires:- a) xx xx xx b) xx xx xx c) xx xx ..... manner, it is apparent that district magistrate misread the evidence on record and passed the impugned order. 15. section 22 of the act casts a duty upon the state government to frame a comprehensive action plan for protection of life and property of the senior citizens. state government is entitled to frame rules under section 32 of the .....
Tag this Judgment!Court : Punjab and Haryana
..... passing the order of eviction. 5. counsel for the state has submitted that as per section 22(2) of the act, the state government had to prescribe a comprehensive action plan for providing protection to the life and property of the senior citizens which has to be notified in terms of rule 24 of the haryana maintenance of parents ..... district magistrate/state government for implementation of the provisions of the act and also a comprehensive action plan for providing protection to the life and property of the senior citizens. 10. rule 24 of the rules further provides that the action plan under section 22(2) of the act has to be notified by the government. it is needless to ..... mention that in pursuance of section 22(2) of the act and rule 24 of the rules, the government of haryana has issued a notification no. 530sw-(4)-2015 dated 26.05.2015, laying down the action plan for the protection of life and property of senior citizens. the relevant portion of the aforesaid notification in .....
Tag this Judgment!Court : Punjab and Haryana
..... workman by means fair and foul. moreover, other similarly placed workmen were retained in the faridabad unit and thus there was violation of section 25g of the act. the conduct of the petitioner company in breaching the settlement arrived at before the national lok adalat and recorded in the interim award is neither fair nor ..... dispute or of any question relating thereto by any labour court, industrial tribunal or national industrial tribunal and includes an arbitration award made under section 10a of the act. 13. while examining the correctness of the award this court has read the evidence by way of affidavit of mw ashok kumar rai, manager [personnel and ..... , of any person. the matters within the jurisdiction of the labour courts are specified in entry 3 of the second schedule correlated with section 7 of the act which entry empowers the court to adjudicate upon discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed . in the present .....
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