Court : Punjab and Haryana
1. The present appeal has been preferred by appellants Sadha Singh, Sukhwinder Singh, Madha Singh and Sucha Singh against the judgment of conviction dated 04.05.2004, passed by learned Additional Sessions Judge (Ad hoc), Fast Track Court, Gurdaspur, vide which they have been held guilty and convicted for the offences punishable under sections 148, 307/149, 324 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and the order on the quantum of sentence of the even dated, vide which they have been sentenced as under:- Offence under sectionsRigorous imprisonmentFineIn default of payment of fine further imprisonment307/149 IPC03 years, eachRs. 1000/-, eachR.I. for one month, each148 IPC06 months, each--324 IPC06 months, each--323 IPC03 months, each-- 2. The facts giving rise to this prosecution are that PW-3 Gurpal Singh injured-complainant made a statement Ex.PC to PW-9 ASI Chanan Singh alleging therein that on the night of 8 th June, 2001, at about 12:00/12:30 A.M. ...
Tag this Judgment!Court : Punjab and Haryana
Hemant Gupta, J. Challenge in the present writ petition is to the action of the respondents restricting the allotment of the paddy for the year 2015-16 on the ground that arbitration proceedings are pending under Section 34 of the Arbitration and Conciliation Act, 1995 (for short 'the Act') against the petitioner. The petitioner has installed a rice sheller at Village Mehtabgarh, Quila Raipur, District Ludhiana with a capacity of 8.69 ton. The petitioner is stated be doing the work of custom milling satisfactorily for the last many years without any default except default in the year 2009-10, which is pending adjudication before the learned Additional District Judge, Chandigarh. It is pointed out that food-grains are procured by State Agencies/Instrumentalities and that Punjab State is major contributing rice in the central pool. The handling of food-grains stock is major responsibility of the Punjab Government. Every year, the State Government frames a policy called Custom Milling Pol...
Tag this Judgment!Court : Punjab and Haryana
Satish Kumar Mittal, J. 1. This intra-court appeal under Clause X of the Letters Patent has been filed against the order dated 22.05.2013 passed by the learned Single Judge dismissing the writ petition (CWP No. 11212 of 2013) filed by the appellant challenging the order dated 10.04.2009 (Annexure P-7) passed by the Divisional Canal Officer; and the order dated 08.04.2013 (Annexure P- 13) passed by the Superintending Canal Officer. The appellant has also challenged the order dated 06.08.2013 passed by the learned Single Judge, whereby the review application (R.A. No. 284 of 2013) filed by him was also dismissed. 2. Though there is delay of 82 days in filing the appeal and the appellant has filed application (CM No. 4190-LPA of 2013) for condoning the said delay, yet we have heard learned counsel for the parties on merits and have gone through the impugned order passed by the learned Single Judge, as well as the orders passed by the canal authorities. 3. The dispute in the present case i...
Tag this Judgment!Court : Punjab and Haryana
Oral: The appellants-owners, in pursuance to the Collaboration Agreement dated 23.09.2009 entered into agreement between developer/respondent No.1, have approached this Court on the premise that in a petition filed by the parking contractor/respondent No.2 under Section 9 of the Arbitration and Conciliation Act, 1996 (in short 1996 Act), certain observations in paragraph 7 of the impugned judgment have been noticed by the Court while dismissing the application which has seriously prejudiced the right and interest of the appellant/owners. Mr. Ashish Aggarwal, learned Senior counsel assisted by Mr. H.S.Saini, Advocate submits that Additional District Judge has misinterpreted the provisions of Clause-15 (F and G) of Collaboration Agreement dated 23.09.2009 and in this regard, he has drawn attention of this Court to the observations, which read thus:- "F That the allocation of parking space management contract which has already been given with the consent of owner (Internal and external) t...
Tag this Judgment!Court : Punjab and Haryana
1. Present appeal against judgment of conviction dated 02.02.2012 and order of sentence dated 04.02.2012, passed by Additional Sessions Judge, Palwal, whereby appellant Manoj Kumar was convicted and sentenced as under: Offence U/sSubstantive sentenceIn defaultU/s 376(2)(g) IPCRI for 10 years with fine of Rs.50,000/-In default to undergo further RI for 6 months. 2. Relevant facts of the case that on 15.06.2010 complainant Brij Mohan reported to the police vide complaint Ex.P1 that on 13.06.2010 at around 10 a.m. he along with his wife Smt. Mishri Devi had gone to Ferozepur Jhirka, District Mewat. Their children including prosecutrix (named withheld), aged about 13 years, were at home. They came back to home at about 9.00 a.m. In the next morning, the complainant had gone to his shop and at about 10.00 a.m. He was called by his wife and she told that their daughter (prosecutrix) was told her that on 13.06.2010 at about 6.00 p.m. she was alone at home and she had closed the doors of the h...
Tag this Judgment!Court : Punjab and Haryana
Oral: This revision is preferred against the judgment dated 06.05.2014 (Annexure P5) passed by learned Addl. District Judge, Moga, upholding the order dated 13.05.2013 (Annexure P-4) passed by learned Addl. Civil Judge (Sr. Divn.), Moga, whereby the plaint was rejected. The plaintiff had filed a suit for declaration challenging notice dated 26.09.2008 and memo No.4628, vide which demand of Rs. 2,48,940/- was raised from plaintiff No.1. Also challenged was the memo No.4739 dated 11.10.2008, vide which demand of Rs. 1,72,114/- was raised from plaintiff No.2. The plaintiffs also challenged the letter dated 26.09.2008 written by the defendant to S.H.O., Police Station Baghapurana, for registration of FIR against the plaintiffs being illegal, null and void. Permanent injunction was also sought restraining the defendants from affecting any recovery. In the suit, it is claimed that plaintiff No.1 is a Contractor of Government country made liquor and is retail vendor of the same under the vali...
Tag this Judgment!Court : Punjab and Haryana
Raj Rahul Garg, J. This appeal is directed against the judgment dated 13.09.2011 rendered by learned Addition Sessions Judge, Hoshiarpur, whereby, the appellant-accused Jatinder Singh @ Tota was held guilty for committing offence punishable under Section 302 of Indian Penal Code (for short 'IPC'), whereas, regarding co-accused Raminder Singh @ Grewal, Manjit Singh @ Lali and Dilbagh @ Bagga, it was held that prosecution has failed to prove its case against them regarding destroying of evidence to save the offender from legal punishment. As such, they were acquitted of the charges framed against them under Section 201 IPC. Vide order of sentence of even date, appellant- accused Jatinder Singh was sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/-. In case of default of payment of fine, to further undergo RI for 2 years. Brief facts of the case are like this; that on 05.11.2007, SI Jatinderpal Singh, Additional SHO, Police Station Garhshankar, District Hoshiarpu...
Tag this Judgment!Court : Punjab and Haryana
S.J. Vazifdar, A.C.J. 1. The landlords are the petitioners in Civil Revision No. 1186 of 1989 and the respondents in Civil Revision No. 1096 of 1988. The respondents in Civil Revision No. 1186 of 1989 and the petitioners in Civil Revision No. 1096 of 1988 are the heirs of the original tenant, one Satish Kumar, who died on 22.04.1984. They were brought on record by an order of the learned Single Judge dated 21.05.2003. We will for convenience refer to the parties as the landlords and the tenants. 2. This Civil Revision No. 1186 of 1989 comes as a reference pursuant to the order of the then learned Chief Justice made in view of an order dated 17.03.2004 passed by the learned Single Judge directing the office to place the matter before the Chief Justice for constitution of a larger Bench to consider the judgment of another learned Single Judge in Nand Kishore v. Des Raj Chopra and another 1970 RCR (Rent) 974. The learned Judge opined that the following questions arise for consideration by...
Tag this Judgment!Court : Punjab and Haryana
The petitioners who are working as Tehsildars claim a right to be considered for promotions to the administrative service of the Haryana cadre from the feeder source which is generally constituted of the various officers such as Under Secretary, Deputy Secretaries, Sub Divisional Officers, Secretary Regional Transport Authority, Executive Magistrate(Tehsildar), Deputy Principal Secretary to the Chief Minister, Additional Deputy Commissioner etc. Four sources of appointment are provided as per Rule 8 of the Haryana Civil Service (Executive Branch) Rules, 2008 (hereinafter referred to as the 2008 Rules) which may be extracted here below :- "Register A-I District Revenue Officers/Tehsildars Register A-II Members of Group C Service Register-B Direct recruitment as a result of the competitive examination held for Haryana Civil Service(Executive Branch). Register-C District Development and Panchayat Officers, Block Development and Panchayat Officers. The rules further clarify the manner of e...
Tag this Judgment!Court : Punjab and Haryana
This appeal is directed against the judgment dated 2.4.2004 rendered by Special Judge, Rohtak whereby the appellant-accused was convicted for keeping in his possession 800 gms of charas without any permit or license thereby committing an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as the NDPS Act). Vide order on sentence dated 5.4.2004, appellant-accused was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years. Brief facts of the prosecution case are like this that on 23.1.2002, Samunder Singh ASI alongwith police officials was present on the bridge of Minor Canal situated in the area of village Girawar on patrolling and checking of crime. At about 5.15 PM, he received secret information against Rajbir (accused) that he indulges in narcotic drugs and was coming from village Girawar ...
Tag this Judgment!