Court : Kolkata
..... enactment and disposal of the cases placing reliance on them without enacting its applicability is improper. reference may be made to the decision of arijit punjab national bank vs. r.l. vaid and; ors. reported in air 2004 sc 4269 and the relevant portion of the above decision is quoted ..... transport authority shall, subject to such directions and save as otherwise provided by or under this act, exercise and discharge, throughout the state, the following powers and functions, namely :- (a) to co-ordinate and regulate the activities and policies of the regional transport authorities, if any, of the state; (b ..... court has arrived at such a conclusion in the judgment under reference. after a plain reading of the above provisions of the motor vehicles' act, 1988, i find that the above provision was application in respect of a region where there was no regional transport authority. therefore, the ..... stage carriages; and] (d) to discharge such other functions as may be prescribed." after harmonious reading of the above provisions of the motor vehicles act and the notification under reference, i find that the instant case has not been covered by the above notification. further, in view of the provisions ..... consideration of the matter, in exercise of powers conferred under sub-section 3(a) and; (b) of section 68 of the motor vehicles act, 1988, the government has been pleased to consider it necessary that for betterment of passenger transport in the state and for maintenance of better coordination .....Tag this Judgment!
Court : Punjab and Haryana
..... sharait-wazib-ul-arz, the brick earth (a minor mineral) does not belong to the government and therefore, no provision of the mines and mineral (regulation and development) act, 1957 (hereinafter referred to as '1957 act') or the punjab minor mineral concession rules, 1964 empowers the government to levy royalty on the use of such brick earth. the stand of the state was to ..... be charged. that apart, a preliminary objection was also raised with regard to the jurisdiction of the civil court in terms of section 158 of the punjab land revenue act, 1887 (hereinafter referred to as '1887 act') and it was claimed that the amount towards royalty could be recovered as arrears of land revenue. 4. i have heard counsel for the parties and ..... was not disputed, although it is not any of the mines or minerals corned by section 41 of the revenue act as would make it become the property of the state, if the owner of such brick-earth is the state of punjab, liability to pay royalty for removal of such brick-earth and to obtain permit or licence for such removal ..... necessarily arises because of the operation of the act and the rules. but the courts below have concurrently found that the present appeals have amen .....Tag this Judgment!
Court : Patna
..... 2012(1) blj s.c. 98, the honble supreme court relying upon the previous decision of the apex court including the case of state of punjab and others vs. jalour singh, (2008)2 scc 660 at paragraph 15 has held that the award of lok adalat does not mean any ..... aaa). it may be mentioned here that the functions and powers conferred on the lok adalat constituted under section 19 of the legal services authority act are entirely different than the court. it is settled rule of interpretation that where express provisions are made by a statute, the doctrine of ..... are not court. they only persuade the parties to arrive at a settlement or compromise. the word determination used in chapter-6 of the act does not contemplate nor require an adjudicatory judicial determination but a non-adjudicatory determination based on a compromise or a settlement. the apex court has also ..... sometimes they get carried away and proceed to pass orders on merits, as in this case, even though there is no consensus or settlement. such acts, instead of fostering alternative dispute resolution through the lok adalats, will drive the litigants away from the lok adalats. the lok adalats should resist their ..... if it is convinced that it had been obtained by practicing fraud or misrepresentation. even if there is no provision in the legal services authority act, the tribunal/courts can exercise inherent jurisdiction for doing justice between the parties. (6) the learned counsel for the respondent relied upon air 1924 .....Tag this Judgment!
Court : Punjab and Haryana
..... :- mr.chaman lal sharma, advocate, for the petitioner none for the respondents --- jasbir singh, j. (oral) the petitioner has filed this petition under section 11 of the arbitration and conciliation act, 1996 for appointment of an arbitrator, in terms of contract agreement dated 28.3.2007. it is necessary to mention here that earlier the petitioner was known as 'dynamic continental ..... be settled amicably by the parties hereto, shall be settled by arbitration in accordance with the indian arbitration and conciliation act, 1996 by the sole arbitrator to be appointed by mutual consent, failing which by the hon'ble high court of punjab and haryana. the parties shall appoint/take steps to appoint the sole arbitrator within 15 (fifteen) days of receiving a ..... arb. case no.28 of 2012 -1- in the high court of punjab and haryana at chandigarh ***** arb. case no.28 of 2012 date of decision :8. 2.2013 curo india pvt.ltd., ludhiana ...petitioner versus m/s kutons retail india ltd., new .....Tag this Judgment!
Court : Punjab and Haryana
..... upon which the parliament (list i) state legislature (list ii) or both the parliament and state legislature (list iii) can legislate. the entry relevant to the incorporation, regulation and winding up of universities falls in entry 32 of list ii as read with entry 25 of list iii, therefore, no approval of the parliament was necessary to legislate ..... court chandigarh cwp no.11093 of 2011 .necessity was felt for constituting a separate agriculture university by enacting haryana and punjab agriculture universities act, 1970. the validity of guru angad dev veterinary and animal sciences university act, 2005 was challenged on the ground that it was violative of the mandate of article 252 of the constitution of india ..... hisar was subsequently changed as chaudhary charan singh haryana agriculture university, hisar, (hereinafter referred to as ccshau, hisar ).the said university came to be established on bifurcation of punjab agriculture university, ludhiana in gupta sanjay 2013.08.23 13:55 i attest to the accuracy and integrity of this document high court chandigarh cwp no.11093 of 2011 ..... and ensuring proper and systematic instructions, training, research and extension in modern systems of veterinary, animal sciences, fishery matters connected therewith or incidental thereto. section 50 of the act provides for transfer of college of veterinary sciences, hisar, college of animal sciences, hisar, fishery unit in the department of zoology alongwith hostels and all other immoveable and .....Tag this Judgment!
Court : Punjab and Haryana
..... .10 15:21 i attest to the accuracy and integrity of this document cwp no.13030 of 1992 -3- i.e.the video centre, after obtaining necessary permission under the punjab scheduled roads and controlled area regulation of unregulated development rules (hereinafter referred to as `the rules').while allowing the appeal, it was also mentioned that the provisions of the ..... .1988. the said order was challenged by respondent no.1 before the commissioner, ambala division, ambala, who was the appellate authority under the punjab scheduled roads & controlled area restriction of unregulated development act, 1963 (hereinafter referred to as `the act').vide order dated 14.2.1992, the appellate authority allowed the appeal, while coming to the conclusion that there was no justification with ..... factory v. state of haryana and others (cwp no.8011 of 1999) vide judgment dated 12.12.2007, has already taken a view that provisions of the act would not apply to the land situated within the municipal limits. dass narotam 2013.09.10 15:21 i attest to the accuracy and integrity of this document cwp no ..... to use his property in accordance with law, for running video centre, after obtaining necessary permission under the rules. as far as the issue with regard to applicability of the act on the area falling within the municipal limits is concerned, the full bench of this court, while answering the reference made by the division bench in m/s shiva ice .....Tag this Judgment!
Court : Punjab and Haryana
..... reporters or not?. 3. whether the judgment should be reported in the digest?. present: mr.gaurav chopra, advocate for the petitioners.mr.amit chaudhary, dag, punjab for the state. -- vijender singh malik , j ashu kumar and karan chandla, the petitioners have brought this petition under the provisions of section 482 of the ..... possess the same for selling the same on prescription of a medical practitioner. according to him, in these circumstances, the provisions of the act would not apply to the facts of the case. in this regard, he has cited before me a decision of hon'ble supreme court of ..... for this purpose. he has further submitted that the drugs in hand fall within the purview of schedule g and h of the drugs and cosmetics act, 1940. according to him, these are allopathic medicines containing psychotropic substances and the petitioner ashu kumar is a licensed chemist, who is authorized to ..... that some incriminating substance was there in their possession and their search was required, they were told about their right under section 50 of the act. in the search that followed a polythene bag was found lying near the floor of the car. the said bag was opened, which was having ..... registered at police station goraya, district jalandhar, for an offence punishable under sections 21 and 22 of the narcotic drugs and psychotropic substances act, 1985 (for short the act) as misuse of the process of law. the brief facts of the prosecution case are that on 15.10.2011 si satpal singh .....Tag this Judgment!
Court : Punjab and Haryana
..... made to an order dated 27.7.2010 (p-4).passed by respondent no.2, dismissing an application filed by the kumar ashwani petitioner under section 42 of the east punjab holdings (consolidation 2013.08.29 15:20 i attest to the accuracy and integrity of this document cwp no.19593 of 2012 -2- and prevention of fragmentation ..... ) act, 1948 (in short 'the act').in the above application, the petitioner has laid challenge to an order dated 31.1.1996, passed against his brother ram kishan. the above application was dismissed simply on a ..... cwp no.19593 of 2012 -1- in the high court of punjab and haryana at chandigarh ***** cwp no.19593 of 2012 date of decision :19. 8.2013 hazari lal ........petitioner versus the director, consolidation, haryana, chandigarh and others ....respondents coram: hon'ble .....Tag this Judgment!
Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... was made to section 56(2) of the air force rules. it was pointed out that reference has been made in the impugned order regard to regulation 562, 564 and 584 of 1964. therefore, this so called confessions made in the court of inquiry cannot be used for taking administrative action and for ..... sessions judge has discharged the applicant." in this connection, their lordships has relied on the earlier decision in the case of kuldip singh vs. state of punjab and ors. [(1996) 10 scc 659], therein it was held that ??now coming to the main contention of the learned counsel for the appellant, it ..... question papers and distribution of them were examined as witnesses in the court of inquiry and none of them has been found to indulge in such act. 36. leaned counsel for the petitioner has also invited our attention that petitioner was posted at delhi and offence has been taken place at kanpur ..... opinion for the satisfaction or opinion of the authority exercising the power ? . therefore it was submitted that in similar provisions which appear in army act in section 19 and 14 which is the administrative power of the government to dismiss a person from service and same is paramateria with power of ..... domestic inquiry if they admit their guilt, those admissions can be certainly used and it does not militate against section 25 and 26 of the evidence act. in this connection, learned counsel for the petitioner has invited our attention to the decision given by the honble allahabad high court in the case .....Tag this Judgment!
Court : Intellectual Property Appellate Board IPAB
..... investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act or regulation had not been passed." a seven judge bench of the apex court by majority laid down in keshavan madhava menon vs. the state of bombay, (1951 ..... english law on this subject, it would be appropriate to set out section 6 of the general clauses act, 1897. "6. effect of repeal.- where this act, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the ..... to be construed as having retrospective operation unless such construction is expressively or by necessary implication is provided by the language used in the act. an amending act may provide that it shall be deemed to have come into force on a day prior to its enactment or it may provide that ..... punjab refugees (registration of land claims) act, 1948 to be false and also an offence under the act. at the trial, on his confession, the respondent was convicted and sentenced to imprisonment. on suo motu revision, ..... there was no legal objection to the continuance of the prosecution. a constitution bench of the apex court in state of punjab vs. mohar singh (1955) 1 scr 893 held that the claim of the respondent mohar singh, as an evacuee under the east .....Tag this Judgment!