Skip to content


Judgment Search Results Home > Cases Phrase: rationale Court: punjab and haryana Year: 1999 Page 1 of about 9 results (0.039 seconds)

Sep 08 1999 (HC)

Dharam Pal Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Sep-08-1999

Reported in : I(2000)DMC258

..... in cases where the very grant of bail is forbidden by law. we are cognisant of the fact that the time-frame looked at in isolation can have no obvious rationale but it stems from an attempt to balance the interest of the prisoners with the interest of the state and the complainant. we also find precedent for our view from ..... within i reasonable distance of time, so that if he is ultimately found to be innocent, he would not have to remain in jail for an unduly long period. the rationale of this practice can have no application where the court is not in a position to dispose of the appeal for five or six years. it would, indeed, be travesty .....

Tag this Judgment!

Jun 02 1999 (HC)

Ram Kishan Gulati Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Jun-02-1999

Reported in : (2000)125PLR119

g.s. singhvi, j.1. the facts necessary for deciding this petition filed by ram kishan gulati and three others for quashing of the notices and orders is sued by the estate officer and the chief administrator, haryana urban development authority, panchkula (hereinafter referred as to 'huda'), are that on the basis of highest bid of rs.9,55,500/- given by them in the auction held by respondent no.3, showroom plot no.7, sector 11, panchkula measuring 574.75 sq. metres was allotted to shri agya ram and ors. (predecessor-in-interest of the petitioners). they deposited 10% price of the plot at the fall of hammer but delayed the deposit of remaining 15% as required by clause 4 of the letter of allotment. a part of 15% of the price was deposited on 22.9.1986 and the balance was deposited on 11.10.1986. notwithstanding this de fault, possession of the plot was delivered to the allottees on 21.6.1988. thereafter, they constructed the building and occupied the same. due to non-payment of instalments in accordance with clause 5 of the letter of allotment, proceedings under section 17 of the haryana urban development, authority act, 1977 (hereinafter referred to as 'the act') were initiated against shri agya ram and ors.. notices under section 17(1) to 17(4) of the act were issued to them but they did not deposit the instalments of the price. in stead, shri s.r. suri, advocate who appeared on their behalf before the estate officer, panchkula (hereinafter described as 'respondent no.3') .....

Tag this Judgment!

Feb 12 1999 (HC)

State of Punjab Vs. Sukhdev Singh and ors.

Court : Punjab and Haryana

Decided on : Feb-12-1999

Reported in : (1999)123PLR148

v.k. bali, j. 1. i propose to dispose of three connected regular first appeal nos. 1297, 1298 and 1299 of 1981 by a common order as ail these appeals arise from the same award dated 9.4.1981 rendered by addl. distt. judge, sangrur.2. brief facts of the case reveal that 89 acres, 4 kanals and 12 marlas land was acquired by the government. the land aforesaid was notified under section 4 of the land acquisition act on 27.1.1978 and in due course of time follow up declaration under section 6 of the said act came to be issued. the land acquisition collector vide his award categorised the land into six blocks namely, a, b, c, d, e & f, whereas market value of the land pertaining to block a was assessed at rs. 30,000/- per acre, for block b rs. 25,000/- per acre, for block c rs. 20,000/- per acre, for block d rs. 15,000/- per acre, for block e rs. 10,000/-per acre for block f rs. 6,000/- per acre. feeling dissatisfied a reference under section 18 of the said act was sought by the respondents-claimants. on references of the matter, learned addl. district judge assessed the market value of the land at rs. 1,000/- per biswa. it is against this award that the state of punjab has filed these three connected appeals. respondent in: r.f.a. no. 1297 of 1981 has filed cross objection no. 46 of 1982.3. the crucial question in regard to market value of the land was discussed by learned addl. district judge in paragraph 8 which reads as follows 'this, therefore, naturally brings me to the .....

Tag this Judgment!

Aug 04 1999 (HC)

Arvind Shergill Vs. Uoi and ors.

Court : Punjab and Haryana

Decided on : Aug-04-1999

Reported in : 2000(67)ECC42; 1999LC561(P& H); 2000(118)ELT23(P& H)

shri r.l. anand, j. 1. smt. arvind shergill wife of harinder pal singh shergill has filed the present petition under article 226 of the constitution of india praying for the issuance of a writ or any other order quashing the order of detention bearing no. f. no. 673/70/98-cus. viii, dated 17.11.1998 passed by respondent no. 2, i.e. joint secretary cofeposa under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act against her husband. the order so passed, according to the petitioner, is illegal, unconstitutional and based on extraneous, irrelevant and vague grounds. 2. according to the petitioner, her husband is a senior captain of air india and has unblemished service record of 35 years, out of which 21 years he has spent in the active service of indian air force and the rest of the service he has given to air india. as per the terms of employment of her husband, he is paid some allowances regularly in foreign currency which is duly accounted for in his tax return and tax paid at source. on 3.8.1998, he was scheduled to operate air india flight mumbai-trivandrum-doha-bahrain and due to an enquiry he was left with no time to deposit the said currency into his bank locker and the same was brought to the airport to deposit in his airport locker before leaving for the flight. the customs officials took his currency from his private car parked outside the airport before he could shift it to the locker in the airport premises. the customs .....

Tag this Judgment!

Jan 07 1999 (HC)

Harpal Singh Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Jan-07-1999

Reported in : (1999)121PLR774

swatanter kumar, j.1. for the development and utilisation for residential area in the urban estate of ambala, the state government of haryana issued a notification under section 4 of the land acquisition act (hereinafter referred to as the 'act') dated 26.5.1981 intending to acquire a large chunk of land. in furtherance thereto a notification under section 6 of the act was issued on 10.1.1989. the total land sought to be acquired was nearly 250.51 acres in villages patti mehar sonda and jandli of district ambala. this acquisition of land led to passing of 3 different awards i.e. award nos. 4, 11, and 12 respectively. different amount of compensation was awarded by the land acquisition collector in different awards. vide award no. 11 and 12 both dated 13.9.1986, following compensation was awarded by the land acquisition collector for different kinds of land:a) chahi land : rs. 34,500/- per acreb) barani land : rs. 27,520/- per acrec) banjar and gair mumkin : rs. 13,760/- per acrevide award no. 4 dated 26.5,1981 he awarded flat amount of compensation of rs. 52,000/- per acre. in addition thereto separate amounts were awarded to the individuals on account of tube well, super structure and trees. the claimants being dis-satisfied with the amount of compensation awarded, filed objections, and references were made by the land acquisition collector to the district judge, under section 18 of the act. all these 165 references led to pronouncement of 3 judgments by the learned district .....

Tag this Judgment!

Jun 04 1999 (HC)

Gurcharan Singh Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jun-04-1999

Reported in : AIR1999P& H283; (1999)123PLR317

jawahar lal gupta, j.1. in april 1968, section 51-a was inserted in the pepsu tenancy and agricultural lands act, 1955 with restrospective effect. it was inter alia provided that 'land......... granted for gallantry at any time before the 26th day of january, 1950, to any member of the armed forces ...... shall not be taken into account in computing the surplus area under this act.......' dhanna singh was granted land and gallantry in what is now a part of pakistan. on partition, he had migrated to india. would dhanna singh be not entitled to the protection of section 51-a? this is the primary question that arises for consideration in this letters patent appeal. the sequence of events as relevant for the decision of this case may be briefly noticed.2. dhanna singh was allotted land by way of a military grant. on partition of the country, he had migrated to india, he was initially allotted 123.102 acres of land which was equal to 79.390 standard acres. ultimately, he was found entitled to the allotment of 54. 3-1/4 standard acres of land. this land was allotted to him in what was then know as village budhlada, tehsil mansa. a finding in this behalf was given by the chief settlement commissioner, punjab, vide order dated march 5, 1964.3. the pepsu tenancy and agricultural lands act was promulgated in the year 1955. section 3 of the act inter alia provided that the permissible limit shall mean 'thirty standard acres of land......' since dhanna singh had been allotted land in .....

Tag this Judgment!

Sep 28 1999 (HC)

Chhatwal Potteries Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Sep-28-1999

Reported in : (2000)124PLR388

g.s. singhvi, j.1. whether the respondents can compel the petitioner to pay rs. 3,14,50,000/- as additional composition fee in respect of the building constructed by it is the question which arises for consideration and decision by this court in this second round of litigation which appears to have been forced upon it by the deputy commissioner, gurgaon (respondent no. 2).2. the facts relevant to the decision of the issue raised in the writ petition are that after obtaining sanction from the competent authority, the petitioner constructed building over land comprised in khasra no. 1750 measuring 3 bighas 3 biswas, i.e. about 10355 square yards situated within the municipal limits of gurgaon. after one year of the commencement of construction, respondent no. 2 passed an order dated 10.10.1996 (annexure p.1) suspending the resolution passed by the municipal council-gurgaon (respondent no. 3) vide which the building plan of the petitioner was sanctioned. this, respondent no. 2 did in the purported exercise of his power under section 246 of the haryana municipal act, 1973 (hereinafter referred to as 'the act'). in compliance of the order passed by respondent no. 2. executive officer of respondent no. 3 directed the petitioner to immediately stop construction of the building. the order passed by respondent no. 2 and the direction given by respondent no. 3 were challenged by the petitioner in c.w.p. no. 16505 of 1996 - m/s chhatwal potteries v. state of haryana and ors., during the .....

Tag this Judgment!

Jul 06 1999 (HC)

Hmt Limited Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Jul-06-1999

Reported in : (1999)123PLR277

v.k. jhanji, j. 1. in this petition, challenge is to communication dated 22.10.1997 and 29.10.1997 vide which petitioner has been informed by respondents no. 12 and 7 respectively that all telephone connections working in its organisation from chandigarh/panchkula exchange shall stand transferred to h.m.t. pinjore exchange w.e.f. 1.11.1997 due to area demarcation. in addition to the quashing of communications dated 22.10.1997 and 29.10.1997, petitioner is also seeking a writ in the nature of mandamus directing the respondents to restore telephone connections from pinjore exchange back to chan-digarh/panchkula exchanges.2. petitioner is a company, registered under the companies act, 1956, owned, controlled and run by the central government. it has one of its units at pinjore, tehsil kalka, district panchkula, petitioner-unit came into existence in 1960-61 and is situate near the pinjore garden, i.e. about 21 kms. away from the township of chandigarh. petitioner has averred that vide letter dated 13.11.1961, director general, posts and telegraphs sanctioned the provisions of a long distance connection at the factory site of the petitioner on out of turn basis. petitioner was to give ten years' guarantee to retain the telephone connection. petitioner has averred that the telephone cable was specially laid by the telephone department, chandigarh right from sector 17 telephone exchange, chandigarh to h.m.t. limited, pinjore, consisting of 20 pairs (pair means a pair of two wires- .....

Tag this Judgment!

Sep 28 1999 (HC)

Jagan Nath Singhal Vs. Deputy Commissioner of Income-tax and Another

Court : Punjab and Haryana

Decided on : Sep-28-1999

Reported in : [2000]242ITR554(P& H)

n.k. sud j.1. in this writ petition the validity of the proceedings under section 147 of the income-tax act, 1961 (for short 'the act'), initiated vide notice under section 148, dated october 22, 1996, has been challenged. before resolving the controversy it is necessary to advert to the relevant facts. the petitioner is a partner in b. k. jagan and co., chandigarh, and, as such, is regularly assessed to income-tax. he had duly furnished his return for the assessment year 1994-95 and the assessment on the same had been completed on december 1, 1995, at a total income of rs. 36,000. the petitioner had solemnized the marriage of his daughter during the financial year 1993-94 relevant to the assessment year 1994-95. unfortunately, the marriage was unsuccessful and the petitioner's daughter filed a petition for divorce. in the divorce proceedings before the district judge, she furnished an affidavit wherein she had stated that her father, i.e., the petitioner, had spent between seven to eight lakhs rupees on her marriage. when this affidavit came to the notice of the assessing officer, he referred to the income-tax records of the petitioner and found that the amount stated to have been spent on the marriage was not reflected in the withdrawals made by him. he, therefore, inferred that the expenditure, had been incurred by the petitioner out of his income from undisclosed sources which had escaped assessment. accordingly, he initiated proceedings under section 147 of the act vide .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //