Court : Allahabad
Decided on : Jan-23-2002
Reported in : 2002(1)AWC542
..... 1989, the said explanation have been deleted by the state government, therefore, it cannot be made applicable in the case of petitioner's video cinema. 45. that the rules, 1988, having been framed under the uttar pradesh cinemas (regulations) act, 1955 and the said rule specifically mentions restrictions for the grant of licence to a cinematograph if it is within 200 metres radius of ..... )(g) of the constitution. in this context, he also placed reliance on a judgment rendered by the hon'ble supreme court in m/s. classic video hall a state of punjab. jt 1993 (4) sc 227. he also contended that the reasons given for refusal to relax the rules aforementioned are arbitrary and unreasonable and thus prayer nos. 1 and 2 ..... of the size of screen and striking out the proviso to rule 10 (3) of the punjab exhibition of films on television screen through video cassette player (regulation) rules, 1969.10. in the rule in question, there is nothing akin to the proviso of the punjab rules. the rule puts a reasonable restriction in the opening of a video hall in a permanent ..... building in the same locality where there is also a cinema hall in a permanent building and cannot be .....Tag this Judgment!
Court : Delhi
Decided on : Jul-18-2002
Reported in : (2003)ILLJ757Del
..... with the approval of the competent authority.' 3. on december 18, 1986, the hindustan commercial bank limited was amalgamated with the punjab national bank by means of a notification issued by the central government under section 45 of the banking regulations act, 1949. after the amalgamation, in december 1988 the respondent filed a writ petition assailing the aforesaid order of dismissal. in the ..... the reserve bank to the bank. the bank cannot be said to be enjoying any monopoly status conferred by the govt. on a perusal of the provisions of the banking regulation act 1949, we are unable to hold that the control exercised by the reserve bank amounts to deep and pervasive state control. we are also unable to hold that the functions ..... sanctioning amalgamation of the hindustan commercial bank with the punjab national bank. 11. in order to appreciate the submissions of the learned counsel for the parties it will be necessary to refer to paras (2) and (10) of the scheme of amalgamation notified by the central government under section 45 of the banking regulations act, 1949. these paras, to the extent relevant, ..... read as under:- '(2) as from the date which the central government may specify for this purpose under sub-section )(7) of section 45 of the said act (hereinafter referred to as the prescribed date) all rights, powers, claims, demands, .....Tag this Judgment!
Court : Jharkhand
Decided on : Dec-18-2002
Reported in : [2003(2)JCR362(Jhr)]
..... not actually the genuine gift but were suspected to be involved in violations of the provisions of foreign exchange regulation act. the petitioner admitted to had opened bank accounts in the names of five children of dr. k.m. prasad, the main accused, with punjab national bank, roshnara road, new delhi in december, 1991 and he helped those persons to deposit and withdraw ..... issued by the government of india, ministry of finance, department of revenue and in pursuant to sub-clause (2) of sub-section (2) of section 61 of the foreign exchange regulation act publishedin the gazette of india, the complainant has been duly empowered to file the present complaint petition and the whole matter will be thrashed out in the trial itself.the ..... order dated 31st may, 2002, whereby and whereunder the. learned special judge took cognizance for the offences under section 56 of the foreign exchange regulation act, 1973 r/w sections 49(3) and (4) of the foreign exchange management act, 1999 in connection with case no. fema 2 of 2002.2. one complaint case has been filed against the accused persons including the ..... court in respect of the same matter is legally permissible as the same is not amounting to double jeopardy.6. section 49 of the foreign exchange management act, 1999 reads as follows :'repeal and saving (1) the foreign exchange regulation act, 1973 (46 of 1973) is hereby repealed and the appellant board constituted under sub-section (1) of section 52 of the said .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-01-2002
Reported in : (2003)133PLR444
..... in the gram panchayat, being the land belonging to shamlat patti, in view of section 2(g) of the punjab village common lands (regulation) act (hereinafter referred to as the act), is to be decided before changing the mutation in the name of the individual proprietors. such question can only be ..... decided by the authorities under the act and the consolidation authority has no jurisdiction to decide such question as so held by the hon'bfe supreme court in gram panchayat, nurpur v. state of punjab ..... became functus-officio and the same have no jurisdiction to change the mutations. it is for the assistant collector 1st grade under the punjab land revenue act to partition the land among the co-sharers if the land is a bachat land belonging to the proprietors. in the present case ..... of the bachat land can only be sought by the proprietors by filing an appropriate application before the revenue authorities under the punjab land revenue act. the question whether the land in question is bachat land or shamlat dch vests in gram panchayat, is to be decided by ..... therefore, the original application alongwith a photo-copy of the judgment dated 18.1.2000 passed in lpa no. 868 of 92 passed by the punjab and haryana high court is sent to you. sd/- for deputy commissioner, ludhiana.' 4. the aforesaid letter was dealt with by the assistant .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-13-2002
Reported in : (2003)134PLR519
..... owner of the land and, according to the petitioner, the land even after consolidation and coming into force of the punjab village common lands (regulation) act, 1961 (hereinafter referred to as 'the act'), does not vest in the gram panchayat and continues to be the property of the individual owner(s).4. to ..... appropriate to remand the matter to the appellate authority which now is stated to be director, rural development and panchayat, punjab, exercising the powers of the commissioner under the act. the mater shall be placed before him with complete records and parties would appear on 2nd december, 2002 at 11. ..... these cases, the gram panchayat had pleaded that under section 2(g) of the act the shamilat land vests in the ..... of title. question of title/ownership is a serious question and is a finding which the revenue authorities and the appellate authority under the act must discernibly determined, as it is bound to seriously affect the rights of the parties to the lis before them.8. proper appreciation of ..... land in question. the obvious result was that the petition filed under section 11 of the act was dismissed. aggrieved from the said order, the petitioner preferred an appeal before the joint director, panchayat, punjab (exercising the powers of the commissioner) patiala being appeal no. 171 of 1985. this .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Jul-08-2002
Reported in : 2003CriLJ219
..... maharashtra v. natwarlal damodardas soni, air 1980 sc 593 : (1980 cri lj 429) as also in dr. pratap singh v. director of enforcement, foreign exchange regulation act (1985) 3 scc 72 : (air 1985 sc 989).20. in view of the law laid down by the hon'ble apex court, the ratio laid down ..... as recorded by the learned sessions judge is set aside and the accused is convicted for the offence under section 61(1)(a) of the punjab excise act.23. on the question of sentence, it was contended on behalf of the accused that keeping in view the fact that the case pertains to ..... be of illicit liquor.3. after completion of the investigation, the accused was sent up for trial for the offence under section 61(1)(a), punjab excise act, as applicable to the state of himachal pradesh. the accused pleaded not guilty and claimed trial.4. in support of its case, the prosecution ..... the state has assailed the acquittal of the respondent sukh ram, hereinafter referred to as the accused, of the offence under section 61(1)(a), punjab excise act, as applicable to the state of himachal pradesh, as recorded by the learned sessions judge vide judgment dated 11-3-1998 passed in criminal appeal no ..... 5. the learned trial court on consideration of the material placed before it, came to the conclusion that the offence under section 61(1)(a), punjab excise act, stood proved against the accused beyond reasonable doubt. it, therefore, convicted the accused for such offence and sentenced him to simple imprisonment for six months .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-17-2002
Reported in : AIR2003SC858; 2003(3)ALLMR(SC)356; 2003(1)AWC798(SC); JT2002(10)SC436; (2003)ILLJ819SC; (2003)2SCC721; SUPP5SCR438; 2003(1)LC225(SC); (2003)1UPLBEC594
..... . pursuant to or in furtherance of the power conferred upon the 'bank' under clause (f) of sub-section (2) of section 19 of 1970 act, the punjab national bank (employees') pension regulation, 1995 was framed; the relevant provisions being regulations 28 and 29 thereof read thus:-'28. superannuation pension superannuation pension shall be granted to an employee who has retired on his attaining the ..... a corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, by notification in the official gazette, make regulations, not inconsistent with the provisions of this act of any scheme made thereunder, to provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of this ..... rules. however, so far as the employees of the nationalized banks are concerned except for the matter of grant of pension which is covered by the regulations framed in terms of section 19 of the 1970 act, other terms and conditions of their service are not statutory in nature. but the state bank of india as also the nationalized banks are 'states ..... .91. furthermore in the case of state bank of india, the punjab and haryana high court failed to take into consideration the provisions of the state bank of india act, 1955. it further failed to take into consideration that the matter relating to grant of pension was not covered by any statutory regulation.92. we are, however, not prepared to accept the submission .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-07-2002
Reported in : (2002)IILLJ1034Guj
..... disputes, negotiate settlements or seek a reference and award. until such a new contract or award replaces the previous one the former settlement or award will regulate the relations between the parties. such is the understanding of industrial law atleast for 30 years as precedents of the high courts and of this court bear ..... termination notice or notice of change the award or settlement does not perish but survives to bind until reincarnation, in any modified form, in a fresh regulation of conditions of service by a settlement or award.' a reference may also be made to the judgment of the full bench of this court in ..... the apex court considering the scope and ambit of powers of the labour court under section 33c(1) and 33c(2) of the i.d. act in the matter of punjab national bank ltd. v. k.l. kharbanda, reported in air 1963 sc 487 : 1962-i-llj-234 and in the matter of central bank ..... the state government to publish the award under section 17(1) of the i.d. act and once the award already having been passed and published it would ..... after the period as provided under section 19(2) of the i.d. act. mr. shelat also drew our attention to the decision of the full bench of this court in the matter of shaikh mohammadbhikhan hussainbhai v. manager, chandrabhani cinema, reported in air 1986 guj 209 and submitted that it is mandatory for .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-05-2002
Reported in : I(2003)ACC53; 2003ACJ1482; (2003)133PLR23
..... in violation of regulations 6 and 7 of tenth schedule of 1939 act. accordingly, the judgment of the learned single judge holding the owner and driver of the truck liable to the extent of one ..... of any liability because the truck did not contribute by his negligence to the accident. it is held that the whole liability is that of the punjab roadways as the accident had been caused by the negligence of the driver of the bus who had driven the bus rashly and negligently and more particularly ..... due to rash and negligent driving of santokh singh respondent no. 1, driver of truck no. pbn-778, or sajjan singh respondent no. 10, driver of punjab roadways, depot, pathankot and bus no. 3720 or the deceased died due to rash and negligent driving of both the respondents no. 1 and 10 drivers of ..... now notice the facts relevant to the decision of the appeals.in an accident which occurred on 15.8.1981 involving bus no. pug-3720 belonging to punjab roadways and truck no.pbn-778 at the crossing of amritsar-gurdaspur road near the outskirts of batata, mohinder partap singh, who was a passenger in ..... per month. in this regard, it observed as under:'mohinder partap gupta was a sub divisional engineer with the punjab pwd but at the time of this accident he was on deputation with the punjab water supply and sewerage board, chandigarh. the total emoluments of the deceased at the time of his death were a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-15-2002
..... re-enacted with or without modification, then unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law made or issued under the repealed act or regulation, shall so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re ..... without the order of a police officer not below the rank of a superintendent of police." section 30 of the act provides:"30 repeal and saving.--(1) the prevention of corruption act, 1947 (2 of 1947) and the criminal law amendment act, 1952 (46 of 1952) are hereby repealed.(2) notwithstanding such repeal, but without prejudice to the application of section 6 of the general ..... make a law to eradicate the evil of bribery and corruption for which the 1947 act was enacted. the said act was amended twice by criminal law amendment act of 1952 and later in 1964. ultimately the said act was repealed by the 1988 act being act no.49 of 1988. the new act has made the anti corruption law more effective by widening its coverage and by ..... or specifically withdrawn." most of the facts in these appeals are not disputed.it is agreed that during the subsistence of the prevention of corruption act, 1947 (hereinafter referred to as "the 1947 act"), the government of punjab issued a notification on 9.7.1968 authorising inspectors of police, for the time being serving in the state vigilance department or who may be .....Tag this Judgment!