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Judgment Search Results Home > Cases Phrase: rationale Court: punjab and haryana Year: 1995 Page 2 of about 23 results (0.020 seconds)

Jan 03 1995 (HC)

Anup Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jan-03-1995

Reported in : (1995)110PLR277

orderg.s. singhvi, j.1. the petitioner had appeared in combined entrance test, conducted by guru nanak dev university, amritsar, in may, 1994 for admission to the engineering course. result of the test was declared on 21.6.1994. the petitioner was assigned merit position at no. 208. before appearing in the test, he had passed 10 + 1 and 10 + 2 examination from chandigarh. on the basis of his performance at the test, the petitioner applied for admission to various col- leges in the state of punjab. interview for final allocation of the college and the subject was held on 22.7.1994. the petitioner appeared before the examination-committee. he was granted admission in the subject of electronics at baba banda singh engineering college, fatehgarh saheb. the petitioner presented himself before the principal of the college on 22.7.1994, but his request was not entertained. on that day, the principal of the college refused admission to the petitioner on the ground that he did not fulfil the conditions of eligibility prescribed by that college. the petitioner was directed to contact the coordinator, cet admissions-94 (respondent no. 2). therefore, the petitioner met respondent no. 2 and moved an application for admission pending decision of the dispute on the question of his eligibility. on this application, respondent no. 2 recorded a note that the case may be treated as a disputed case and he may be given admission. the petitioner then contacted head of the trust, which runs baba .....

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Oct 19 1995 (HC)

Shashi Bhushan Vs. Food Corporation of India

Court : Punjab and Haryana

Decided on : Oct-19-1995

Reported in : (1996)112PLR541

v.k. jhanji, j.1. in this petition, challenge is to decision dated 21.12.1993 (annexure p-8) of respondent no. 2 awarding contract for handling of various foodgrains at the depot of food corporation of india at shahabad. petitioner has also sought a writ in the nature of mandamus directing respondents 1 and 2 to allot contract of handling operations at shahbad markanda by inviting tenders.2. food corporation of india (in short the f.c.i.) is engaged in storing and distributing foodgrains all over the country and for this purpose, maintains storage-depots in which foodgrains are stored. the process of storage involves the handling of various good-grains which are packed in bags transported, dumped, loaded, unloaded and subjected to various other operations of a similar nature in which the employment of labour is essential. for this purpose, contract labour is engaged through a contractor at every such depot. f.c.i. for the purpose of carrying out the task of storing food-grains; floats tenders from time to time as per the policy governing the subject in order to award contract to the most economical and deserving contractor for each depot. according to the petitioner, as per the policy followed in the past by the f.c.i., tenders are required to be called through public advertisement directly from contractors. at the time the tenders are floated, the rates in accordance with 'scheduled rate' prepared by f.c.i. are quoted in the tender and thee parties who submit the tenders, .....

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Mar 28 1995 (HC)

Shri Puneet Bassi Son of Shri Ved Bassi Vs. Punjab University, Through ...

Court : Punjab and Haryana

Decided on : Mar-28-1995

Reported in : AIR1996P& H23

order1. in this petition, a direction has been sought by the petitioner for his admission to three years ll.b. course against the sportsman quota.2. petitioner passed b.com. examination from punjab university in 1994 with 53.75 per cent, marks. he has claimed himself to be a sportsman with following achievements in the field of sports (basket ball) and (fencing) :--a)third positionin state tournamentorganised by the education department from 5-12-1985 to 6-12-1985.b)participated in mininational school games from 27-2-1986 to 3-3-1986.c)second positionin state tournamentorganised by the education department, chandigarh from 1-10-1988 to 4-10-1988.d)second positionin state tournamentorganised by education department, chandigarh from 21-11-1988 to 24-11-1988.e)first positionin state championship(fencing) in december, 1991.f)participation in nationalchampionship (fencing) in january, 1992.3. petitioner applied for admission to ll.b. course starting from 1994-95. he claimed benefit of reservation of 5% seats for sports persons and asserted that on the basis of his achievements in the field of sports, he has a right to be admitted to three years ll.b. course. as the respondents did not accord admission to the petitioner, he filed this petition and made the prayer as aforementioned . petitioner has claimed that denial of admission to him is contrary to the university act and statutes as also the provisions contained in the prospectus because he fulfils all the conditions for .....

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Apr 24 1995 (HC)

Kewal Krishan Sharma Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Apr-24-1995

Reported in : (1996)112PLR477

g.s. singhvi, j.1. this petition has been filed for issuance of a direction to the respondents to release the actual medical re-imbursement charges to the petitioner as well as expenses incurred by him on post operation follow-up.2. petitioner, who is presently working as superintendent, canal lining division ferozepur, suffered heart problem in 1992 and on the basis of the opinion of the chief medical officer, ferozepur, and cardiologist at p.g.i. chandigarh, he was referred to the escort heart institute/all india institute of medical sciences. by-pass surgery of the petitioner was done at all india institute of medical sciences on 18.12.1992, from where he was discharged on 28.12.1992. the petitioner submitted his case for payment of medical reimbursement to the respondents but no action has been taken by the respondents for payment of amount due to the petitioner by way of medical reimbursement and this, according to the petitioner, is the position despite his various representations. his case was forwarded by the executive engineer, canal lining circle, ferozepur to the chief engineer, irrigation department vide letter annexure p-7 but no decision has been taken by the respondents. petitioner claims that denial of medical reimbursement has caused him monetary loss and has also subjected him to mental strain and agony. his contention is that in view of the policy framed by the government, he has a right to the re-imbursement in respect of the expenses incurred by him on .....

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Jul 04 1995 (HC)

Gurdev Singh Ex-constable Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jul-04-1995

Reported in : (1995)111PLR308

orderg.s. singhvi, j. 1. this petition involves a challenge to the orders (annexures p-1 and p-2) passed respectively by the senior superintendent of police, tarn taran and the inspector general of police, border range, amritsar. the petitioner has prayed that his dismissal from service be declared illegal and the respondents be directed to reinstate him in service with consequential benefits.2. the petitioner joined service as constable or 5.8.1989 and served under the various officers till the passing of the order dated 26.4.1993 read with article 311(2) of the constitution of india and rule 16.1 of the punjab police rules. the appeal filed by the petitioner against the order of the dismissal has been rejected by the inspector general of police, border range, amritsar. the petitioner has challenged the order of dismissal from service on the ground that no material was available before the competent authority on the basis of which it could possibly form an opinion that it was not reasonably practicable to hold inquiry and that there is no basis for the observations made by the senior superintendent of police that no witness is likely to depose against the petitioner due to the fear of injury to his life. the appellate order has been challenged on the ground of non-application of mind. the petitioner has stated that in february, 1992, he was married and had remained absent from duty in connection with marriage because he was not granted leave. he has also stated that he fell .....

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Feb 24 1995 (HC)

Bachan Singh Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Feb-24-1995

Reported in : (1996)112PLR170

s.s. grewal, j.1. this regular second appeal is directed against the judgment and decree dated 27th of may, 1993 passed by the additional district judge, gurdaspur, whereby the appeal filed by the plaintiff-appellant against the order of dismissal of his suit by the senior sub-judge, gurdaspur dated 21st of march, 1991 was dismissed.2. the plaintiff-appellant had filed suit for declaration to the effect that the impugned order no. 11096-11102/ac-2 dated 16.10.1987 passed by defendant respondent no.2 rejecting the request for withdrawal of notice for voluntary retirement sought by the plaintiff was illegal and liable to be set aside. it was pleaded that vide application dated 31st july, 1987 the plaintiff-appellant, who was posted as sub-inspector with punjab armed police had sought voluntary retirement by giving three months notice. however, before the expiry of the period of the said notice, the plaintiff-appellant made a written request to the defendant-respondents for withdrawal of his notice for voluntary retirement. despite this the plaintiff was served with the impugned order dated 16.10.1987. thus the plaintiff was illegally retired from service with effect from 31.10.1987 without proper consideration of his request for withdrawal of his notice for voluntary retirement. the order passed by the defendant-respondents was illegal, unlawful, ultravires, unconstitutional, null and void on the following grounds :-(a) the impugned order dated 16.10.1987 has been passed in .....

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Aug 02 1995 (HC)

Dr. Rajesh Garg and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Aug-02-1995

Reported in : (1995)111PLR450

v.s. aggarwal, j. 1. petitioners have all passed their mbbs and completed their internship between the years 1991 to 1994. the selection of the students for admission to 3 years post graduate course in guru nanak dev university, amritsar in government medical/dental colleges is made by holding a post graduate entrance test. a prospectus is alleged to have been published by guru nanak dev university, amritsar pertaining to the entrance test for admission to post graduate medical/dental courses. thereafter, the respondent-state of punjab had issued a notification annexure p-1 to continue with the reservations for various categories in the post graduate courses. it provides for reservation and reads :-'a) scheduled castes/scheduled tribes 25% b) sportsmen/sportswoman) credit will be given for the distinction made during studies in mbbs only) 2% c) backward class 5% d) riot affected/displaced persons and wards of persons killed in terrorist action in punjab. 2% e) physically handicapped 1% 2. on 12.1.1993 secretary, medical council of india had addressed a communication to the state of punjab informing that it has not prescribed for reservation in the post graduate medical courses of any category and that the matter was considered by the post graduate committee of the council. in its report the said council had strongly stated that there can be no reservation of seats for admission to post graduate course in college and it should be made strictly on merit.3. the grievance of the .....

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Mar 15 1995 (HC)

Smt. Sona Vs. Karambir

Court : Punjab and Haryana

Decided on : Mar-15-1995

Reported in : II(1995)DMC657

sarojnei saksena, j. 1. appellant wife has filed the appeal under section 28 of the hindu marriage act (in short the act) assailing the decree of divorce granted against her under section 13 of the act.2. admittedly appellant was married with the respondent on 30.5.1980 at village more, tehsil charkhi dadri according to hindu rites. after marriage the appellant lived with the respondent-husband in his village gahli.3. the respondent-husband contended that after the marriage the appellant lived with him only for 3/4 days. during her stay he came to know that she is of unsound mind. once she poured lassi on the ground and then tried to smear it on her head. she could neither bear clothes properly not could look after any household chore. she used to laugh or weep without any rhyme or reason. thus, he was convinced that her unsoundness of mind is incurable. when this fact was brought to the notice of appellant's father he told him that he (respondent) is at liberty to remarry because the appellant is of unsound mind. earlier on 2.2.1989 he filed petition for divorce but it was withdrawn due to a compromise arrived at between the parties that she will be examined by medical board of rohtak and they will act according to their opinion. thereafter she was examined by a medical board of three doctors of medical college and hospital rohtak. they admitted her in psychiatric ward for a couple of days for observation and finally opined that she is a lady of mental retardation. .....

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Mar 15 1995 (HC)

Smt. Sona Vs. Karambir Son of Hira Nand

Court : Punjab and Haryana

Decided on : Mar-15-1995

Reported in : (1995)110PLR24

sarojnei saksena, j.1. appellant wife has filed this appeal under section 28 of the hindu marriage act (in short the act) assailing the decree of divorce granted against her under section 13 of the act.2. admittedly appellant was married with the respondent on 30.5.1980 at village mori, tehsil charkhi dadri according to hindu rites. after marriage the appellant lived with the respondent-husband in his village gahli.3. the respondent-husband contended that after the marriage the appellant lived with him only for 3/4 days. during her stay he came to know that she is of unsound mind. once she poured lassi on the ground and them tried to smear it on her head. she could neither bear clothes properly nor could look after any household chore. she used to laugh or weep without any rhyme or reason. thus he was convinced that her unsoundness of mind is incurable. when this fact was brought to the notice of appellant's father he told him that he (respondent) is at liberty to remarry because the appellant is of unsound mind. earlier on 2.2.1989 he filed petition for divorce but it was withdrawn due to a compromise arrived at between the parties that she will be examined by medical board of rohtak and they will act according to their opinion. thereafter she was examined by a medical board of three doctors of medical college and hospital rohtak. they admitted her in psychiatric ward for a couple of days for observation and finally opined that she is a lady of mental retardation. .....

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Dec 06 1995 (HC)

Yakub and anr. Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Dec-06-1995

Reported in : 1996CriLJ2369

s.c. malte, j.1. this appeal is against the conviction and sentence of these two appellants under section 302 read with section 34, i.p.c.2. the prosecution case as spelt out from the record, can be briefly summarised as follows :-appellant 2 ilias was the father of child ayub, the deceased. appellant 1 yakub is the brother of appellant 2. the house of these two appellants are situated adjacent to each other. appellant ilias married pw- 1 akbari. ilias and akbari were blessed with a son tayub. when tayub was 25 days old, appellant 2 ilias turned out akbari from his house. akbari with her child tayub, therefore, came to her parents' house. thereafter efforts were made to bring about cohabitation of the couple. during that period appellant ilias is said to have raised the issue of a dowry of rs. 8,000/-. however, on the persuation by the respectable persons, the couple settled to live in the matrimonial home. thereupon pw-1 akbari started staying with her husband ilias (appellant 2). in the background of these events, tayub was found dead. but that incident had been suppressed by persuading akbari that the matter pertains to the family, and that ilias would properly behave henceforth. after the death of tayub, akbari came to her parents' house. some period elapsed thereafter. then the couple was blessed with a second son ayub whose death in this case has given rise to the present case.3. child ayub was 2 years old when akbari with her child had come to the village of the .....

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