Court : Punjab and Haryana
Decided on : Aug-19-1996
Reported in : I(1997)DMC565
..... with the husband. in other words, the wife is entitled to the same status, facilities and financial social protection which she would have enjoyed if she had continued to be live with the husband. the present petition under 13 of the hindu marriage ..... maintain his wife is not moral one alone but it takes its original from the legislative direction incorporated in section 24 of the hindu marriage act. it was for the husband to produce proper primarily evidence to show that he has deficient income particularly when the factum of carrying on ..... be drawn against the respondent to the advantage of the wife. to make an effort to live better life cannot be used as an instrument to deprive the wife of such benefits which she would be entitled to in the normal course of ..... life. in the facts and circumstances of the case, this petition is allowed to the extent that the respondent husband shall be .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-28-1996
Reported in : I(1997)ACC211; 1997ACJ111; (1996)114PLR667
..... roads in view of the ever increasing danger of bodily injury or even to life from the use of motor vehicles as lethal weapons on the roads, the legislation enacted law to protect the third party by enacting provisions in the motor vehicles act to the effect that no vehicle shall be used on public place until it ..... reimbursement to the third party from the insurer is of public policy, further balanced by the duty of the state to protect the road users from its hazards which have become unescapable fact of life. it is further in consonance with the object that insurer may not be crushed economically on account of an accident having ..... observed that must be interpreted for which the same has been enacted accompanied by anxiety of the claimant that protection is not nullified by the back looking interpretation which serves to defeat the provisions rather than fulfil its life. otherwise, it would be nullifying the benevolent provisions and purpose and philosophy of the legislature without being .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-23-1996
Reported in : 1997ACJ1164; (1997)115PLR61
..... of the state. article 21 of the constitution of india provides that no person shall be deprived of his life or personal liberty except in accordance with the procedure established by law. maintenance of law and order or protection of the life of citizens, even in jails, is the prime responsibility of the state. jails are under the management of ..... custodial death, it was held that it is not always enough to relegate him to the ordinary remedy of a civil suit to claim damages for the tortuous act of the state as that remedy in private law is indeed available to the aggrieved parly; that a victim or his dependents are entitled to get relief under ..... , sialkot, rawalpindi, ferozepur and lyallpore, mianwali.'in the present case, accused krishan was a habitual criminal and he was allowed to do gardening with a kassi. this act of the warden of the jail resulted in the gruesome murder of ranbir singh, due to gross negligence of the jail authorities. ranbir singh was a unconvicted criminal prisoner .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-07-1996
Reported in : (1997)115PLR65
..... narain raina, v. lt. col. s.s. gill, (1989)2 r.l.r. 46, it was observed as under:-'east punjab urban rent restriction act, 1949, section 13-a summary ejectment. production of certificate of retirement issued by competent authority sufficient. sufficiency of accommodation in possession of specified landlord cannot be ..... in occupation of landlord insufficient. landlord entitled to live comfortably in the company of his son and grandson-summary ejectment proper.''east punjab urban rent restriction act, 1949, section 13-a summary ejectment/leave to contest ejectment application/affidavit-summary ejectment sought on ground of bona fide necessity-tenant under obligation to ..... obtaining an order for the recovery of possession. in surjit singh arora's case (supra) this court observed as under:-'east punjab urban rent restriction act, 1949 section 13-a summary ejectment/leave to contest eviction application/bona fide necessity. landlord retired from 31st december, 1979, certificate as provided under .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-09-1996
Reported in : (1997)115PLR83
..... , wherein it has been held as under:-'it is not as if the burden of proof varies with the riches and social prestige of the testator but habits of life are prone to vary with the means of the man and the privileged few who happen to occupy a high place in the social hierarchy have easy access to competent ..... the plaintiff-contesting respondent surinder singh, submitted and highlighted the various circumstances to convince me that the will (exhibit p1) has been properly executed. it was allegedly a wilful act on the part of smt. sham kaur and no undue influence has been exercised. in fact, smt. sham kaur was obeying the wishes of her husband attar singh in ..... denied the existence of both the wills (p1) and (d1) and asserted that both the wills were the result of fraud, coercion and collusion and it was not voluntary act on the part of smt. sham kaur. the plaintiff filed replication to the written statements filed by the defendants and he reiterated the allegations made by him in the plaint .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-16-1996
Reported in : AIR1997P& H87
..... charter for the equals and not for the unequals. it has, therefore, been judicially recognised both in the united states with reference to the equal protection clause of the u.s. constitution as well as in india that while this guarantee prohibits hostile discrimination between persons who are similarly situated it ..... defender. the natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of the civil life. the constitution of the family organisation, which is founded in the divine ordinance, as well as in the nature of things indicates the domestic sphere ..... university grants commission' (1987) 3 serv lr 841, the central administrative tribunal itself held that, 'the central administrative 'tribunal constituted under the administrative tribunals act cannot, therefore, entertain the grievance of the employees of the university grants commission, the university grants commission is a body which may be termed as an instrumentality .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-12-1996
Reported in : (1996)113PLR339
..... indicated in part-iv. it is also held that the fundamental rights must be construed in the light of the directive principles.'8. article 21 speaks of protection to life and personal liberty. article 41 requires the state to make effective provision within the limits of its economic capacity and development for securing the right to work ..... treatment available in the country from an institute recognised by the state government. since provision of free medical treatment or reimburse'ment in lieu thereof is a beneficial act of the welfare state for its employees, the rules/instructions have to be construed liberally in favour of the employees, for granting them the relief, rather ..... , a.i.r. 1986 sc 181, the provisions of article 21 came to be interpreted in the context of the provisions contained in the bombay municipal corporation act, 1888. the supreme court was called upon to answer - whether the right to live includes the right to livelihood. argument on behalf of the petitioner was that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-19-1996
Reported in : (1996)114PLR281
..... . when the state government empowered the municipal committee to impose octroi and municipal committees accordingly imposed the octroi by virtue of the provisions of the municipal act, the state government cannot by issuing non-statutory instructions deprive the municipal committees from collecting the octroi from the industrial units set-up within the limits ..... admittedly, the state legislature has got the power to impose octroi on the goods coming into the municipal area under section 62-a of the punjab municipal act, 1911. the state government may require the municipal committee to impose any tax mentioned in section 61 not already imposed, at such rate and within such ..... octroi under 1978 industrial policy.4. there is no dispute that the municipal committee is empowered to levy octroi. undersection 61(2) of the punjab municipal act, 1911, with the previous sanction of the state government, the municipal committee can impose any other tax which the state legislature has power to impose in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-08-1996
Reported in : 1998ACJ428; (1997)115PLR331
..... bone and spirit of our democratic institution. police force is a necessary organ of the state/centre governments. after all it has to protect the public property. the police is also supposed to protect the life and property of an individual. a right of private defence has even been accepted in the indian penal code. this right has even ..... it cannot be lost sight of the facts that a ray of hope has been vanished at the cruel hands of the police which acted in a most injudicious manner in taking the life of an innocent agitator. in this view of the background the ends of justice would suffice if it is ordered that respondent-authorities jointly ..... the statement of shri chaman lal. putting entire blame on the demonstrators this respondent has taken the stand that the police force under the supervision of chaman lal acted in self defence and as such no torturous liability arises. annexure p.8 was slated to be justified.4. chandigarh administration also filed the separate written statement and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-19-1996
Reported in : (1996)113PLR723
..... incentives to the industries has been framed under any law or under any rules in force under any enactment. therefore, in my view, section 236 of the act has no application.5. apart from that, even assuming for a moment that the state government has got the power to exempt octroi and direct the municipal ..... . when the state government empowered the municipal committee to impose octroi and municipal committees accordingly imposed the octroi by virtue of the provisions of the punjab municipal act, the state government cannot, by issuing non-statutory executive instructions, deprive the municipal committees from collecting the octroi from the industrial units set-up within the ..... the constitution. admittedly, the state legislature has got the power to impose octroi on the goods coming into the municipal area under section 62-a of the act. the state government may require the municipal committee to impose any tax mentioned in section 61 not already imposed, at such rate and within such period as .....
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