Court : Punjab and Haryana
Decided on : Jan-06-2006
Reported in : (2006)143PLR345
..... .l.r. 2 45 titled as om parkash tuli v. vidya bhushan nagar, learned counsel for the petitioner further cited 1992 h.r.r. 165 titled as haryana agriculture university, yashpal dhir v. r.n, gosain of chandigarh (1996-1)112 p.l.r. 641 titled as khushi ram sood v. muneshwar lai kausha 1987 h ..... has been held that even one of the landlords can singly maintain an application for ejectment against his tenant under section 13-a of east punjab urban rent restriction act, 1949 under category of 2(hh). a co-owner is in fact owner of every part of composite property along with others and it ..... j. (civil) 20 titled as mathra dass v. ram piari, of hon'ble high court division bench held that under section 13 of east punjab urban rent restriction act, 1949 an application for ejectment by one of the many landlords is competent. in another authority 1993 h.r.r. 57 titled as moti lai ..... is a govt. company, all the employees working in the same are public servants and fall under the category of section 2(hh) of east punjab urban rent restriction act. there are number of authorities which i want to refer here in which employees of various organizations are held to be public servant or govt. ..... 's revision petition against the order of ejectment passed against him in a petition filed under section 13-a of the east punjab urban rent restriction act, 1949 (hereinafter referred to as 'the act').2. in this case, the demised premises is a 7-1/2 marlas residential house situated in sector 18, chandigarh. the .....Tag this Judgment!
Court : Chhattisgarh
Decided on : May-05-2006
Reported in : 2006CriLJ2866
..... procedure (hereinafter referred to as cr. p.c. or code) for grant of anticipatory bail. it is stated that the first informant is indira gandhi agricultural university, raipur. after filing of this application, the first informant, by m.cr. p. no. 566/2006 is seeking permission to assist prosecution and to ..... . saravana-bhavanandam v. s. murugaiyyan 1996 cri lj 1540. lastly, he also relied on the judgment of the punjab and haryana high court in the matter of kuldip singh v. state of haryana 1980 cri lj 1159.4. per contra, learned counsel for the first informant, referring to the decision rendered in ..... any court, the public prosecutor or asstt. public prosecutor in charge of the case shall conduct the prosecution and the pleader so instructed shall act therein under the directions of the public prosecutor or asstt. public prosecutor, and may with the permission of the court submit written arguments after ..... or asstt. public prosecutor, who is in charge of the case, shall conduct the prosecution and the lawyer engaged by the private person shall act therein under the direction of the public prosecutor or asst. public prosecutor and he can only submit written arguments and that too with the permission of ..... role of the private counsel engaged by the first informant in a matter under section 438, cr. p.c. must also be limited to act under the directions of the public prosecutor and the counsel so engaged has no right of audience and he cannot advance oral arguments independently. he .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-30-2006
Reported in : 2006(3)AWC2829
..... india and ors. , consecutively the constitution bench held so. in between the period of the aforesaid judgments in deepak sibal v. punjab university and anr. and state of haryana and anr. v. jat singh the supreme court similarly held in connection with the point of intelligible differentia. it is to be ..... by the authorities or by the district magistrate. district magistrate is representative of the state in respect of conversion. in khandige sham bhat v. agricultural income-tax officer, kasaragod and anr. air 1963 sc 591, a constitution bench of the supreme court held that it is now well ..... special leave petition was dismissed with a rider that the leases will be granted subject to the provisions of urban land (ceiling and regulation) act, 1976. such act is no more applicable. therefore, the division bench judgment, as stands, will have binding effect on us principally. there the division bench held ..... the scheme of awas evam vikas parishad and development authorities. so long as written law is not available, the executives are empowered to act on the reasonable executive directions or instructions. it cannot be inconsistent with or in derogation of the fundamental rights not only under article 14 ..... is the party. private parties are concerned only with their personal interest whereas the state while exercising its powers and discharging its functions, acts indubitably as is expected of it for public good and public interest. the impact of every state action is also on public interest. .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-22-2006
Reported in : (2007)146PLR685; (2007)5VST308(P& H)
..... power in a given situation was called for or not, is a question which has to be decided from case to case and no principle of universal application could be laid down. if no inference of attempt at evasion can be drawn, exercise of power will not be called for. on the ..... influence it; or fails to take into account matters which it ought to take into account, the court will interfere. see, padfield v. minister of agriculture, fisheries and food 1968 ac 997. if the decision-making body comes to its decision on no evidence or comes to an unreasonable finding - so unreasonable ..... of penalty. this view which is being taken by us is supported by the decision of this court in hindustan steel ltd. v. state of orissa  25 stc 211 (sc), where it has been held that 'even if a minimum penalty is prescribed, the authority competent to impose the penalty will ..... infant)  1 qb 617 at 630 and reg. v. gaming board for great britain, ex parte beniam and khaida  2 qb 417. the courts will ensure that the body acts in accordance with the law. if a question arises on the interpretation of words, the courts will decide it by declaring what ..... act in delite carriers (regd.) v. state of haryana  77 stc 170 (sc).41. learned counsel for the state relied upon judgments of this court in moot chand chuni lal v. shri manmohan singh, assistant excise and taxation officer, octroi in-charge, shambhu barrier, district patiala  40 stc 238 (p&h) and amrit banaspati company ltd. v. state of punjab .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-03-2006
Reported in : AIR2006SC2571; [2007(1)JCR251(SC)]; JT2006(5)SC352; 2006(5)SCALE273; (2006)11SCC356
..... of the committee to hear the matter.50. there is no quarrel with the proposition that the allegation of bias may be capable of waived. [see dr. g. sarana v. university of lucknow and ors. : (1977)illj68sc however, in this case, bias as regards the subject matter on the part of the members of the committee who heard the writ petition ..... were selected in other services as for example, 365 pcms doctors, 60 school principals, 147 veterinary officers, 422 pcms doctors and in the year 1999, 52 medical officers dental, 147 agriculture development officers, 69 veterinary officers and 81 veterinary officers in 2002 but neither any enquiry was conducted by the state in this behalf nor any action was taken to terminate ..... to distinct categories, viz., freedom fighter, handicapped, scop, etc.6. so far as the judicial officers are concerned, indisputably, the high court acted on the basis of media reports alleging that wards of some sitting judges of the punjab and haryana high court have been favoured by the chairman of the public service commission. the chief justice of the high court constituted a ..... board examination and an unproven imputed charge of corruption where the appointment of a civil servant is involved.(a) in bihar school examination board v. subhash chandra sinha and ors. : 3scr963 , the court came to a finding that the high percentage of marks obtained by the candidates who appeared at the selection of the center in question did give rise .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-24-2006
Reported in : 2006(3)KarLJ24
..... any other use even when it is transferred to another party. the rationale of this restriction is that the scheme once sanctioned by the government must operate universally and the areas allocated for particular objects must not be diverted to other objects. this means that a site for a school or hospital or any other ..... .(emphasis supplied)in m.c. mehta v. union of india and ors. : (2004)6scc588 , it is held as under:40. in virendra gaur v. state of haryana : (1995)2scc577 , referring to principle 1 of the stockholm declaration of the united nations on human environment, 1972, this court observed that right to have living atmosphere congenial ..... the original record, the findings and reasons recorded by this court on the above points. in this regard, it is necessary to refer to the following decision.-state of punjab and anr. v. gurdial singh and ors. : 1scr1071 :9. the question then, is what is mala fides in the jurisprudence of power? legal malice ..... murthy, on behalf of the board has placed strong reliance upon the decision of the apex court in a. sanjeevi naidu v. state of madras and anr. : 3scr505 , wherein it is held in para 10 as under:10. the cabinet is responsible to the legislature for every action taken in any of the ministries. that ..... the cdp. that is wholly impermissible in law. that apart, conversion of the lands is a must under the provisions of karnataka land revenue act, 1964. without conversion, the agricultural land cannot be used for any other purpose. .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-24-2006
Reported in : (2006)206CTR(P& H)194; 290ITR15(P& H)
..... be struck down as invalid. the courts cannot, as pointed out by the united states supreme court in secretary of agriculture v. central roig refining co. (1950) 94 l ed 381, be converted into tribunals for relief from such ..... only a particular individual or class.3. the principle of equality does not mean that every law must have universal application for all persons who are not by nature, attainment or circumstances in the same position and the ..... sc) , union of india and ors. v. no. 664950/m havildar/clerk sc bagri : 2scr690 , satnam overseas (export) v. state of haryana and anr. etc. : supp3scr271 , john vallamattom and anr. v. union of india : air2003sc2902 , people's union for civil liberties and anr ..... anr. v. state of tamil nadu 0043/1989 : 1989(40)elt273(sc) ;(6) model town residents association v. state of punjab (2002) 132 plr 88.5. we have considered the submissions made on behalf of the petitioner and perused the decisions relied upon ..... and anr. air 1963 sc 591, ito v. murlidhar bhagwan das : 52itr335(sc) , rustom cavasjee cooper v. union of india : 3scr530 , amalgamated tea estates co. ltd. v. state of kerala : 94itr479(sc) , superintendent and remembrancer of legal affairs, w. bengal ..... 2) after expiry of 12 months but before expiry of time limit for making assessment, reassessment or recomputation under the act. thus, the said provision validates notices which were within the time for assessment, reassessment or recomputation, though beyond .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Chandigarh
Decided on : Apr-24-2006
Reported in : (2007)292ITR268(Chd.)
..... ,940.00in bombay(v) printing of new diaries 90,620.00(vi) national seminal dynamics of rural transformation in india, 10,000.00held at punjab university on developmental topics,(vii) psidc share towards hall reserved for dl for display of 35,313.00products in exhibition & literature in a trade show ..... after making proper allowance in respect of the jama assessed and paid. the assessee is sought to be assessed in respect of the non-agricultural income derived from the coal fields which are situated within his zamindari. the assessee is, therefore, entitled to claim a deduction for the ..... a specific provision relating to computation of profits and gain of business.23. in fact principle relating to deduction under the head "business" cannot be universally applied to deduction permissible under the head "other sources". in the case of cit v. malayalam plantations ltd. , their lordship of supreme court ..... it was further contended that proportionate management expenses have got to be deducted under section 57 of the it act, 1961 10. in counter-reply, the learned counsel for the assessee contended that the decision of haryana state co-operative supply & marketing federation (supra) is inapplicable to the facts of this case ..... . the application under section 256(2) of the it act made by the revenue shall be deemed to have been allowed, a reference made and answered in the manner indicated above. we may clarify that the assessment years concerned herein are 1970-71, 1971-72 and 1972-73.64. as a .....Tag this Judgment!