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Judgment Search Results Home > Cases Phrase: mediation Court: punjab and haryana Year: 2004 Page 11 of about 165 results (0.074 seconds)

Sep 20 2004 (HC)

Smt. Gayatri Jain, P.C.S. Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Sep-20-2004

Reported in : (2005)140PLR225

satish kumar mittal, j.1. petitioner, who has retired as additional secretary to government of punjab on september 30, 2001, has filed this petition under section 482 cr.p.c. for quashing of f.i.r. no. 43 dated 30.5.2002 under sections 408, 420, 487, 468, 471 and 120b i.p.c. and sections 13(1)(a)(d), 13(2) of prevention of corruption act, 1988, registered with vigilance bureau, patiala.2. in the year 1997, the petitioner was posted as additional director consolidation, punjab, empowered with powers of the state government under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (hereinafter referred to as the consolidation act). on 24.6.1977, when she was so posted, the proprietors of village sekhon majra filed a petition under section 42 of the consolidation act against the gram panchayat for re-distribution of the bachat land. their claim was that during the consolidation, the department of consolidation imposed pro rate cut on the proprietors under rule 16(ii) of the east punjab holdings (consolidation and prevention of fragmentation) rules, 1949. after utilising part of the land for the common purpose, some land remained unutilised, which was not to be transferred and could not have been vested in the gram panchayat and the same was liable to be re-distributed among the proprietors. the said petition was allowed by the petitioner vide her quasi judicial order dated 24.6.1997 while holding that the aforesaid bachat land does .....

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Oct 29 2004 (HC)

Bachan Singh (Dead) Through Lrs Vs. Labh Singh and ors.

Court : Punjab and Haryana

Decided on : Oct-29-2004

Reported in : (2005)141PLR39

hemant gupta, j.1. the plaintiff is in second appeal aggrieved against the judgment and decree passed by the first appellate court whereby his suit for pre-emption was dismissed in appeal.2. the plaintiff filed a suit for possession alleging therein that the vendor singh ram is jointly recorded as owner of half share of land measuring 24 kanals situated in village fatehgarh tehsil naraingarh. it is also alleged that the plaintiff and the vendor singh ram are related to each other as the plaintiff is fourth decree collateral of the vendor. it is further pleaded that singh ram has sold half of 24 kanals of land by way of registered sale deed dated 2.6.1979 registered on 29.6.1979 for an ostensible consideration of rs. 30,000/-. the plaintiff inter alia claimed superior right for pre-emption as a co-sharer with the vendor in the land in dispute under section 15(1) of the punjab pre-emption act, 1913 (hereinafter referred to as the act).3. if was the case of the defendant that singh ram was owner of only 3/4th share and his sister was owner of 1/4th share and both of them were jointly owners of half of the land. it was denied that singh ram alone has half share of land measuring 24 kanals but it was asserted that the sale was by singh ram and angrejo who are owners of the land. in the replication, it was pointed out that the sale is by singh ram for himself and as mukhtiar of smt. angrejo. therefore, tire sale is pre-emptible.4. the learned trial court decreed the suit on the .....

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Mar 11 2004 (HC)

Ved Parkash, P.R.T.C. Employee Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Mar-11-2004

Reported in : (2004)137PLR327

satish kumar mittal, j.1. this order shall dispose of criminal revision nos. 318, 343 and 856 of 1999, which have been filed by three different accused against the order dated 11.12.1998 vide which charge has been framed against them by the learned chief judicial magistrate, patiala, under sections 379/409 and 120-b ipc in case fir no. 154 dated 5.7.1998 registered at p.s. kotwali, patiala. however, the facts are taken from criminal revision no. 318 of 1999. 2. the petitioner has challenged the aforesaid order on the ground that the said order was totally a non-speaking and cryptic order in which no discussion has been made and no reason has been recorded for framing the charge against the petitioner under the aforesaid sections.3. this court issued notice of motion in this case on october 31, 2000, on the basis of the following contentions raised by the learned counsel for the petitioner;-'contends that no specific order supported by reasons has been passed whether a prima facie case has been made out against the accused. in fact, the order passed on 11.12.1998 is non-speaking, sketchy and cryptic one.'subsequently, the record of the trial court was also called for.4. fir in this case was lodged against the petitioner on 5.7.1998, on the basis of the complaint written by the general manager, prtc patiala-ii to the senior supdt. of police, patiala. in the complaint, it was alleged that the petitioner and his other co-accused while on duty as sub inspectors and who were having .....

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Feb 23 2004 (HC)

Dalbara Singh and anr. Vs. the Additional Director, Consolidation of H ...

Court : Punjab and Haryana

Decided on : Feb-23-2004

Reported in : (2004)137PLR603a

ajay kumar mittal, j.(23rd february, 2004) - this is a petition under articles 226/227 of the constitution of india for quashing the order dated 24.5.1984, annexure p1 passed by the additional director, consolidation of holdings, punjab in petition no. 109 of 1983 filed by respondent no. 2-raunqi ram under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (for short, 'the act').2. brief facts are that consolidation proceedings in village rampur, tehsil phillaur, district jullundur took place in the year 1952-53. scheme under' section 20 of the act was formulated and in accordance therewith, repartition was finalised in the year 1954. the scheme stipulated that paths should be provided to every right-holder to whom the paths were duly aligned. there was no challenge to the alignment of path made in favour of the petitioners during partition.3. after a lapse of 30 years, respondent no. 2 filed a petition under section 42 of the act before the additional director, consolidation of holdings for an access path to 'jathere' measuring 11 marlas in killa no. 411, even though he (respondent no. 2) was not the right-holder of the village as he did not own any land and was resident of village mayia khurd, tehsil phillaur, district jullundur. the additional director, consolidation of holdings, by order dated 24.5.1984 accepted the said petition and created a path. it is this order which has been impugned in the present writ petition.4. .....

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Apr 28 2004 (HC)

Gram Panchayat of Village Issi Vs. Director, Consolidation of Holdings ...

Court : Punjab and Haryana

Decided on : Apr-28-2004

Reported in : (2004)138PLR753

g.s. singhvi, j.1. this petition is directed against orders dated 1.10.1982 (annexure p4) passed by additional director, consolidation of holdings punjab and 23.11.1984 (annexure p12) passed by director, consolidation of holdings, punjab (respondent no.l).2. the facts:-the consolidation scheme of village issi, tehsil dhuri, district sangrur was pre- pared, published and finalised in 1956. respondent nos.2 and 3, who had participated in the consolidated proceedings, did not raise any objection or questioned the scheme till they filed a petition in 1982 under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (for short, 'the act') for making good the alleged deficiency to the extent of one rupee and eight annas by making the follow- ing averments:-'5. that after it at the time of allotment (taqseem mukarar) came. according to these resolutions, the land shown as under was given to the applicant.'a' grade 'b' grade totalrs. annas paisa rs. annas paisa rs. annas paisa17.7.2 5.15.1 23.6.3here note deficiency of re. 1 annas 3 paisas 2 occurred.6. that on 3.6.1959, at the time of hearing the appeal under section 21(4) of the act, the assistant director gave one karam wide and 50 karams long pahi in killa no. 861 owned by the applicant provided to ishar s ingh s/o sehna singh. by providing this pahi, further deficiency of 0 rupee 1 anna 2 paisas caused to the applicant. in this way the total deficiency comes to rupee 1 annas 5.7. that in .....

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Mar 31 2004 (HC)

Nand Singh (Deceased) Through Lrs. Vs. Mula Singh and ors.

Court : Punjab and Haryana

Decided on : Mar-31-2004

Reported in : (2004)138PLR854

j.s. khehar, j.1. nand singh and dr. thakar singh filed a suit for recovery of possession of shop-cum-vacant site and ahata situated in the main bazar of moga town, against 14 defendants. besides claiming possession of the suit land, the plaintiffs also sought recovery of a sum of rs. 84007- from the defendants on account of damages. besides the aforesaid damages, the plaintiffs claimed a further sum of rs. 500/- as damages from defendant nos.l and 2. the suit property was fully described in the site plan attached to the plaint. the sequence of facts narrated in the pleadings as well as the evidence read out during the course of arguments reveal that the plaintiffs had mortgaged the suit property to suba singh and saudagar singh, defendant nos.l and 2, for sum of rs. 26,000/-, vide registered mortgage deed dated 9.3.1942. after taking an additional amount of rs. 3000/- from the aforesaid suba singh and sauda- gar singh, the plaintiffs executed an additional registered mortgage deed dated 3.3.1943.2. on 25.8.1969, the plaintiffs redeemed the mortgaged property by depositing a sum of rs. 29,000/-. the factum of redemption of the mortgaged property by the plaintiffs nand singh and dr. thakar singh was not disputed by respondent nos.l and 2.3. the cause of action for filing the suit, out of which the instant appeal has arisen, arose on account of the fact that physical possession of the suit property was not handed over to the plaintiffs even after the redemption of the mortgaged .....

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Sep 23 2004 (HC)

Raj Kumari Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Sep-23-2004

Reported in : [2009(104)FLR621]; (2004)138PLR891

j.s. narang, j.1. the petitioner has invoked the extra ordinary jurisdiction of this court under articles 226/227 of the constitution of india for issuance of a writ in the nature of mandamus directing the respondents to appoint her on the post of assistant librarian pursuant to her selection made by the subordinate services selection board, punjab (hereinafter referred to as 'the board').2. the petitioner belongs to scheduled caste category and to support that fact, a certificate dated 1.7.1980 issued by the competent authority has been appended as an- nexure p-4. she has acquired the qualifications for the purposes of being considered for the post of assistant librarian. the board advertised such six posts to be filled in the technical education and industrial training department, vide advertisement dated 7.1.1994. later on 3 more posts were added and that out of the total nine posts one was reserved for the scheduled caste candidate.pursuant to this advertisement, the petitioner applied to be considered against the post reserved for the aforestated category. she had also disclosed that she has the experience as a librarian and to substantiate this fact, a certificate dated 20.7.1996 has been appended as annexure p-5 issued by the principal m.d.k.arya public school, siali road, pathankot. she was called for the interview and after being found successful was recommended to be appointed accordingly. she re- ported to the director, technical education and industrial training ( .....

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Jan 27 2004 (HC)

Thapar Agro Mills Vs. Haryana State Industrial Development Corporation

Court : Punjab and Haryana

Decided on : Jan-27-2004

Reported in : II(2005)BC208

virender singh, j.1. m/s. thapar agro mills ltd. through sh. satish thapar, its managing director-cum-chairman are facing trial in a complaint (annexure p1) filed by the haryana state industrial development corporation ltd., the respondent-herein under section 138 read with section 141 of the negotiable instruments act (for short the act) on account of dishonour of cheques no. rgb 142527 dated 20.9.1995 for rs. 6.25 lacs and 15 other cheques of different dates, which were also dishonoured.2. a process was issued against the petitioners by the concerned court. petitioner no. 2 filed an application dated 14.8.2000 (annexure p5) for dismissal of the complaint mainly on the ground that the present complaint had not been filed by legally and validly authorized person and as such the complaint is not sustainable in the eye of law. the said application stands dismissed by the judicial magistrate 1st class, chandigarh vide order dated 12.2.2001 (annexure p-7). hence this petition for quashing of the complaint and the order dated 12.2.2001.3. record reveals that respondent no. 2 is only a proforma party. respondent no. 1 has filed its reply. this proceedings before the trial, court were stayed by this court way back on may 4, 2001.4. i have heard mr. puneet bali, learned counsel for the petitioner, mr. dheeraj chawla, learned counsel for respondent no. 1 and with their assistance have gone through the entire records,5. mr. bali has contended that m/s. thapar agro mills ltd. has been .....

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May 17 2004 (HC)

Nandan theatre and Adarsh theatre Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : May-17-2004

Reported in : (2009)20VST664(P& H)

n.k. sud, j.1. this order will dispose of two writ petitions, viz., c.w.p. nos. 1919 and 1920 of 2003 involving common question of law and facts. since the arguments were advanced in civil writ petition no. 1919 of 2003, facts are being taken from the said petition.2. petitioner is running a cinema hall at amritsar known as 'nandan theatre'. it was granted the necessary licence under section 5 of the punjab cinemas (regulation) act, 1952 (for short, 'the 1952 act') by the district magistrate, amritsar on april 17, 1975. the licence is subject to several conditions mentioned in the schedule of conditions in the licence itself. in the schedule of conditions, the seating capacity of the cinema hall has also been prescribed and a bar has been imposed against admission of persons, in excess of the number so specified. a copy of the said licence has been attached as annexure p/1 with the writ petition.3. petitioner is liable to pay entertainment tax, commonly known as show tax under the punjab entertainment tax (cinematographic shows) act, 1954 (for short, 'the 1954 act'), which has been amended from time to time. the state of punjab exercising powers under article 213 of the constitution of india issued an ordinance dated june 10, 1994 making certain amendments in the said act whereby entertainment tax was sought to be levied on lump-sum basis on the gross collection capacity at a fixed percentage. gross collection capacity means the admission fee receivable in respect of total .....

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Jan 07 2004 (HC)

Bachan Singh (Died) Through Lrs. and ors. Vs. Santokh Singh, P.C.S. an ...

Court : Punjab and Haryana

Decided on : Jan-07-2004

Reported in : (2004)136PLR735

s.s. nijjar, j.1. this petition under article 226 of the constitution of india seeks issuance of writ in the nature of certiorari, mandamus or any other writ, order or direction quashing the order passed by respondent no. 1 dated 30.8.1982, annexure p6.2. the petitioner is a land-owner of village chohla sahib, tehsil tarn taran, district amritsar. the respondents are also land-owners and the parties have a joint khe-wat. besides respondents no.2 to ii, there are numerous other co-sharers. they have, however, never agitated the matter in any proceedings. the consolidation proceedings in the village started in 1953-54 under the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (hereinafter called 'the act'). repartition under section 21(1) of the act was carried out on 30.3.1954. according to the provisions of the scheme, it was provided that the land of the right holders on the circular road shall be allotted to them and it shall not be disturbed during the consolidation proceedings. the land was originally in possession of the father of the petitioner. after the death of the petitioner's father, the land continued to be in possession of the petitioner. in 1974, the petitioner came to know that the land had been allotted to the respondents arid other co-sharers against the provisions of the scheme. he, therefore, filed a petition under section 42 of the act before the additional director, consolidation of holdings on 29.3.1974, notice of the .....

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