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Judgment Search Results Home > Cases Phrase: mediation Court: punjab and haryana Year: 1977 Page 1 of about 19 results (0.037 seconds)

Jan 31 1977 (HC)

Mst. Parmeshwari (Deceased) Represented by Her Legal Representatives V ...

Court : Punjab and Haryana

Decided on : Jan-31-1977

Reported in : AIR1977P& H141

s.s. sandhawalia, j.1. the significant question of law before this fullbench on a reference has been succinctly formulated in the following terms:--'whether a female who is possessed of land under a gift made by a limited owner prior to the enforcement of the hindu succession act becomes full owner after the enforcement of the act?'the salient facts from which the issue arises are hardly in dispute. the original male owner of the suit land was one matu. on his death his wife smt. sunder succeeded to his estate as a limited owner. however, she absolutely gifted one-half share in khewat no. 58 in favour of her husband's brother's daughter smt. parmeshwari defendant and the mutation in respect thereof was sanctioned on the 28th of august, 1953. the donee was apparently put in possession of the said property. the hindu succession act came into force on the 17th of june, 1956 and about 5 years thereafter smt. sunder, the donor, died some time in 1961. a suit was then brought on the 2nd of march, 1963, by smt. santokhi, the real sister of smt. parmeshwari donee, for a declaration that the gift in the latter's favour was invalid on the primary ground thatsmt. sunder, the original donor, held only a life estate in the land in dispute and was, therefore, not entitled to make an absolute gift thereof. the suit was contested by smt. parmeshwari defendant but was decreed by the trial court.2. on appeal, the judgment and decree above-mentioned was affirmed by the first appellate court. .....

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Apr 04 1977 (HC)

Smt. Jaswant Kaur Vs. Harpal Singh and ors.

Court : Punjab and Haryana

Decided on : Apr-04-1977

Reported in : AIR1977P& H341

r.n. mittal, j. 1. smt. jaswant kaur. defendant, has filed this second appeal against the judgment and decree of the additional district judge, farid-kot. dated dec. 4, 1963, by which he affirmed the judgment and decree of the trial court passed in favour of major harpal singh, plaintiff. 2. briefly the facts of the case are that gurnam singh, deceased, was the owner of the property in dispute and other properties. he executed a will in respect of his entire property on june 5, 1938 and bequeathed half of his landed property and some houses in favour of major harpal singh, his younger brother and the remaining moveable and immoveable property in favour of smt. jaswant kaur, subject to the condition that she would utilise the income of the property during her lifetime for the purpose of maintaining herself and her two daughters, and after her death, that would revert to the plaintiff. gurnam singh got the aforesaid will registered on june 6, 1938, at kasauli. he died on june 8, 1938, leaving behind smt. jaswant kaur widow two minor daughters, and major harpal singh, brother. 3. smt. jaswant kaur executed five instruments regarding the property in dispute, namely, three gift deeds, exhibits p-22, p-23 and p-24 in favour of her two daughters, one sale deed, exhibit p-25, in favour of defendant no. 4 and one mortgage deed, exhibit p-26 in favour of defendants 5 and 6. major harpal singh, plaintiff, instituted a suit for declaration to the effect that all the alienations effected .....

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Jan 24 1977 (HC)

Davinder Nath Vs. Madan Gopal

Court : Punjab and Haryana

Decided on : Jan-24-1977

Reported in : (1977)79PLR238

order1. madan gopal (hereinafter called the landlord) filed a petition for eviction of davinder nath petitioner (to whom i will refer in this order as the tenant) under s. 13 of the east punjab urban rent restriction act, 1949, which was decreed ex parte in favour of the landlord on sept. 6, 1973. during the pendency of the petition for eviction before the civil court, the haryana urban (control of rent and eviction) act (haryana act no. 11 of 1974) was passed and enforced with effect from april 27, 1973. the learned senior subordinate judge was correct in continuing the proceedings which were pending before him as rent controller at the time of coming into force of the principal haryana act because of the requirements of the proviso to s. 24 of that act. the relevant portion of s. 24 is quoted below:-- 'the east punjab urban rent restriction act, 1949(east punjab act no. 3 of 1949) is hereby repealed: provided that such repeal shall not affect any proceedings pending or order passed immediately before the commencement of this act which shall be continued and disposed of or enforced as if the said act had not been repealed. x x x' the tenant made an application on october 26, 1973, for setting aside the ex parte order. while issuing notice of the same for nov. 2, 1973, execution of the order for eviction was stayed by the senior subordinate judge acting as rent controller on oct. 27, 1973. during the pendency of the application for setting aside the ex parte order, the .....

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Jan 12 1977 (HC)

The State of Haryana Vs. Iqbal Singh

Court : Punjab and Haryana

Decided on : Jan-12-1977

Reported in : 1978CriLJ46

s.s. sidhu, j.1. the state of haryana has filed this appeal against the judgment dated 1st february, 1973, of the court of the judicial magistrate 1st class, ambala (shri p. p. chhabra), by which it acquitted iqbal singh respondent of his charge under section 409, indian penal code, because it was found that it was necessary for the prosecution to obtain sanction of the central government to prosecute iqbal singh and that the same had not been obtained before launching prosecution against him in the court.2. the facts of the case, in brief, are that iqbal singh respondent was working as foreman-cum-supervisor, rural industry development central, at pinjore. he absented aimself from duty from 12th august, 1967, onwards and took away some government money with him. the district industries officer made a complaint to the superintendent of police ambala, alleging that iqbal singh had embezzled the government money. he had proceeded on medical leave for four days with effect from 26th july, 1967. he then got his leave extended to 11th august, 1967. after that, neither any application for extension of leave was received from him nor did he report himself for duty. he was required to appear before the industries officer, ambala, and hand over the money by 20th august, 1967, but he failed to do so and instead sent a letter stating that he would appear before that officer on 23rd august, 1967. even on the aforesaid date, he failed to turn up before that officer. the complaint .....

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Jan 25 1977 (HC)

State of Punjab and ors. Vs. Amrit Banaspati Co., Ltd. and ors.

Court : Punjab and Haryana

Decided on : Jan-25-1977

Reported in : AIR1977P& H268

o. chinnappa reddy, c.j.1. the appeal under clause 10 of the letters patent and the civil writ petition may be disposed of by a common judgment. we proceed to do so.2. in 1966, the government of punjab announced its 'new policy' in regard to industrial development and issued a brochure containing the details of the 'new policy'. it was stated in the brochure that though punjab had made considerable progress in 'small scale industry', the state was lagging behind in 'large scale industry.' as it was felt that 'large scale industries' were necessary for the survival of 'small scale industries', the government announced that 'a package of incentives' would be given to those setting up selected industries at any of the three 'focal points' of dhandari kalan, rajpura and mohali. the concessions and incentives offered, according to the brochure, were:(1) land to be acquired at focal points and price to be paid in easy instalments, interest being calculated at 4 per cent; the facility to be extended, in exceptional cases, to places within a radius of five miles from the focal point;(2) capital participation by the government or the punjab financial corporation upto 20 per cent of the paid up capital of new ventures;(3) loans equal to the cost of a generating set, 20 per cent of which to be treated as a subsidy and the balance to be repaid in 20 annual instalments;(4) refund of purchase and sales tax including inter-state sales tax for a period of five years to new and expanding .....

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Apr 08 1977 (HC)

Ramji Lal and ors. Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Apr-08-1977

Reported in : (1977)79PLR507

order1. ramji lal, chairman of the panchayat samiti, hissar ii, and four members of the aforesaid panchayat samiti have in this writ petition challenged the proceedings of the meeting of that samiti held on 19th nov. 1976. in that meeting, two resolutions were passed. by one resolution, the motion asking shri ramji lal, petitioner no. 1, to vacate the office of the chairman of that samiti was accepted and by the other resolution. shri anand dev, respondent no. 5, was elected as the new chairman of the samiti. it is alleged that the entire proceedings of that meeting are illegal and null and void on the grounds mentioned in the petition and, therefore, those may be quashed. in other words, the primary relief sought for in the writ petition is that the first resolution requiring petitioner no. 1 to vacate the office of chairman of the samiti is liable to be quashed as it was passed in excess or abuse of the powers conferred by or under the punjab panchayat samitis and zilla parishads act, 1961, hereinafter referred to as the act, and also that it was not legally passed.2. mr. c. d. dewan, learned advocate--general, haryana, appearing for respondents nos. 1 to 3, has raised a preliminary objection that when an alternate remedy to seek redress sought for is provided by and under the provisions of the act and the petitioners can legally avail of that alternate remedy, this court should refuse to exercise its power under art. 226 of the constitution. i have heard him and also mr. .....

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Sep 20 1977 (HC)

Roshan Lal and Sons Vs. Deputy Excise and Taxation Commissioner (A) an ...

Court : Punjab and Haryana

Decided on : Sep-20-1977

Reported in : [1978]41STC217(P& H)

m.r. sharma, j.1. the petitioner-firm is a registered dealer under the punjab general sales tax act, 1948 (hereinafter called the act). it filed the returns for the year 1975-76 as also the revised returns in form s. t. viii-a alleging therein that the purchases of paddy by its commission agents were not to be deemed as purchases made by the petitioner-firm and so, on these transactions, it was not liable to pay sales tax. the assessing authority, however, rejected this contention advanced on behalf of the petitioner-firm and framed the assessment. against that order, the petitioner-firm filed an appeal before the deputy excise and taxation commissioner (a), punjab, patiala. along with the appeal, an application was also filed under section 20(5) of the act praying therein that the appeal be entertained and decided without payment of tax. this matter came up before shri k.s. jaspal, deputy excise and taxation commissioner (1), punjab, patiala, on 26th october, 1976, who declined the request made by the petitioner-firm in its petition. against that order, the petitioner-firm filed c.w.p. no. 8547 of 1976, which came up for decision before my learned brother a. s. bains, j., on 22nd july, 1977. before the learned judge, it was submitted on behalf of the petitioner-firm that since the deputy excise and taxation commissioner had no authority under the law to deal with the matter inasmuch as he had not been invested with the powers to hear appeals, the order passed by him should .....

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Feb 10 1977 (HC)

P.S. Bhatnagar Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Feb-10-1977

Reported in : (1977)79PLR300

prem chand jain, j. 1. p. s. bhatnagar has filed this appeal under clause 10 of the letters patent against the judgment of a learned single judge of this court, d/-7-4-1976, by which his appeal (f. a. o. no. 203 of 1972) was dismissed.2. the facts of the case may briefly be stated thus:the appellant, who was posted as chief design engineer of bhakra and beas projects and b. r. palta, the then general manager of the bhakra control board, were travelling in the beas project car no. pnh--1424, which was proceeding from nangal via jullundur towards talwara on july 5, 1967, when at about 4 p. m. on the intersection of jullundur by--pass g. t. road and hoshiarpur--jullundur road, there was collision between the said car and the punjab roadways bus no. pnq--906, which was proceeding towards jullundur city from jandu singha and bhakra. the car was driven by sulakhan singh and kashmira singh peon was sitting on the front seat while p. s. bhatnagar and b. r. palta were sitting on the rear seat. as a result of the accident all the occupants of the car sustained injuries. the bus was driven by shankar singh driver. both p. s. bhatnager and b. r. palta received serious injuries in the accident and had to be removed to the hospital. the appellant filed a claim application before the motor accident claims tribunal, jullundur, on nov. 23, 1967, which was later on amended on feb. 5. 1968, claiming rs. 9,55,000/-as compensation from the respondents on account of expenses incurred by him on the .....

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Aug 08 1977 (HC)

Rajpal Singh Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Aug-08-1977

Reported in : 1978CriLJ609

ordersurinder singh, j.1. this judgment will dispose of criminal misc. applns. nos. 306/m, 903/m, 944/m, 946/m, 959/m, 969/m, 1017/m, 1910/m and 1912/m, all of 1977. the learned counsel appearing for the parties agree that common questions of law and fact arise in all these petitions which may be considered and disposed of together.2. the common features in these petitions under section 482, cr.pc praying for the quashing of the first information report, charge-sheets and other proceedings in each case, are that some cooperative marketing-cum-processing societies had appointed certain village cooperative societies as distributors for the sale of fertilizer. the petitioners in these cases had been appointed as salesmen by the respective village cooperative societies for facilitating the sale of fertilizer to the farmers. the only differentiating feature of one case is that the petitioner in criminal miscellaneous application no. 944/m of 1977, namely, jagtar singh was the secretary of the village coperative society, while the petitioner in criminal miscellaneous application no. 959/ m of 1977, i. e., jaswant singh is the father of jagtar singh aforesaid. this jaswant singh was the salesman of the same village cooperative society. the first information report in these two cases is common and the allegation of criminal misappropriation has been made against both father and the son. it is alleged in all the petitions that the petitioners had been appointed as salesmen of the .....

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Jun 02 1977 (HC)

Partap Singh Vs. Nirmal Singh and ors.

Court : Punjab and Haryana

Decided on : Jun-02-1977

Reported in : AIR1977P& H358

prem chand jain, j.1. partap singh has filed this appeal under clause x of the letters patent against the judgment and decree of a learned single judge of this court dated may 7, 1975 by which the appeal filed by nirmal singh and others was allowed. the facts of the case, on which there is no dispute, are as follows:--vir singh son of saudagar singh sold his agricultural land measuring 67 kanals 4 marias situated in village sur-singhwala to nirmal singh and others on december 16, 1967, for a consideration of rs. 24,000. partap singh later on claiming himself to be the nephew of vir singh filed a suit for declaration and in the alternative for possession of the land in exercise of his superior right of pre-emption. the suit was contested by the vendee-defendants. on the pleadings of the parties, various issues were framed. during the course of trial, the relief on the basis of the declaration was given up and decree in the suit was claimed only on the basis of superior right of pre-emption. the trial court found thatthe plaintiff had a superior right of preemption and accordingly passed a decree for possession by pre-emption on payment of rs. 24,000. the plea in respect of improvements set up by the vendee-defendants was negatived. feeling aggrieved from the judgment and decree of the trial court, the vendees preferred an appeal which was dismissed by the learned additional district judge, ferozepore. still dissatisfied, the vendees preferred regular second appeal no. 1835 of .....

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