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Dec 22 2015 (HC)

Arjan Singh and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

This order shall also dispose of the writ petitions mentioned at the foot note of this order, raising identical questions of law and facts. However, for the facility of reference, the facts are taken from CWP No. 3559 of 2011. The challenge in the present writ petition is to the notifications dated 07.06.2010 and 03.12.2010 under Sections 36 and 42 of the Punjab Town Improvement Act, 1922 (for short `the Act'), inter-alia, on the ground that the acquisition process was issued by publication of a notification under Section 36 of the Act without finalizing the scheme as contemplated under Chapter-IV of the Act and also that the notification under Section 42 of the Act was published without issuing or serving notices thereof to all the land owners. As per the averments made in the writ petition, in pursuance of Resolution No. 187 passed in the meeting of the Jalandhar Improvement Trust, held on 27.04.2010, a development scheme was approved for an area measuring 94.97 acres (999 kanal 6 ma...

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Dec 22 2015 (HC)

Joginder Pal Vs. Union of India and Others

Court : Punjab and Haryana

This petition has been filed praying for quashing the order dated 29.02.2012 (Annexure P-3) whereby punishment of compulsory retirement has been imposed on the petitioner. Also challenged are the orders dated 22.06.2012 (Annexure P-4) and 05.11.2012 (Annexure P-5) whereby the appeal and revision of the petitioner against the said order has been dismissed. The petitioner was enlisted in CRPF on 28.02.1992. It was alleged that on 24.07.2011, at 1430 hours, while the petitioner was detailed as Guard Commander of Quarter Guard for two days w.e.f. 23.07.2011 to 24.07.2011, he consumed alcohol/ liquor and displayed ill manner behaviour under intoxication and started abusing in the line area. The matter was brought to the notice of the Commandant by O.C.G./190. Taking cognizance of the complaint lodged by O.C.G./190, the petitioner was attached with Unit Headquarter for attachment duty. On 07.08.2011, at 930 hours, he again consumed liquor and started abusing in the camp/line area of Bn. Head...

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Dec 21 2015 (HC)

Arshdeep Singh and Others Vs. Union of India and Others

Court : Punjab and Haryana

Oral: The present judgment shall dispose of seven writ petitions i.e. CWP Nos. 21920, 19413, 22965, 22992, 21923, 21931 and 24304 of 2015. The facts are being taken from CWP No.21920 of 2015. The petitioners challenge Clause 5.6.3 of the Information Brochure-2015 issued by the Joint Admission Committee of respondent-University, whereby 5 seats were reserved out of the total sanctioned strength of 40 in the respondent No.3-Chandigarh College of Architecture for the Bachelor of Architecture 5 years Degree Course for the Academic Session 2015-2016. The additional 5 seats were reserved for the nominees of States/Union Territories deficient in technical education facilities and the case of the petitioners is that the reservation was over and above the sanctioned strength of 40 seats and not part of the sanctioned strength. Reliance was placed upon the judgment passed by this Court in LPA No.1372 of 2015 titled as 'Sukrti Bhutani Vs. Punjab University and others' decided on 18.09.2015 (Annex...

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Dec 19 2015 (HC)

Bakhtawar and Another Vs. Ram Partap and Others

Court : Punjab and Haryana

By this order, I intend to dispose of two Regular Second Appeals No.1895 and 1920 of 2014 as the common questions of law and facts involved in both the appeals are the same, which have been filed by the plaintiffs in Civil Suit No.49 of 2003 (hereinafter called "Suit No.1") and defendant/counter-claimants in Civil Suit No.473 of 2006 (hereinafter referred "Suit No.2"). The facts are being taken from RSA No.1895 of 2014. It would be apt to give brief preface of the matter. Bakhtawar, Sultan sons of Manbhar son of Nanga and Sumer son of Harlal son of Nanga filed Suit No.1 claiming declaration that they have become owners of land measuring 23 Bighas 4 Biswas by way of adverse possession as per jamabandi for the year 1934-35, now measuring 103 Kanals 1 Marla, situated in the revenue estate of Village Balroad. It was pleaded that the suit property was owned by Mangtu alias Peela and Shriya sons of Jahar, who was the ancestor of defendants Ram Partap etc. The land was being cultivated by the...

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Dec 19 2015 (HC)

Pankaj Aggarwal and Others Vs. State of Haryana and Others

Court : Punjab and Haryana

Hemant Gupta, J. The challenge in the present writ petition to an amount of interest on the enhanced amount of compensation on account of acquisition of the land. The land measuring 231 bigha and 790 biswa was acquired for a public purpose for development and extension of Industrial Estate at Karnal, vide notifications dated 17.05.2002 and 13.05.2003 under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short `the Act'). Subsequent notifications dated 27.11.2002 and 14.11.2003 under Sections 4 and 6 of the Act, were issued for acquiring 103 bigha and 469 biswas of land. The Land Acquisition Collector, announced Awards dated 10.5.2005 and 30.05.2005 in respect of the two acquisitions. After the acquisition of land, the same vested with the Haryana State Industrial and Infrastructure Development Corporation, a Company incorporated in the year 1967. As per the petitioners, the said Corporation is working on no profit-no loss basis. It was in 2007, the plots were allotted to the pe...

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Dec 19 2015 (HC)

Sanjeev Bagga and Others Vs. State of Haryana and Others

Court : Punjab and Haryana

Deepak Sibal, J. 1. The present judgment decides three writ petitions being C. W.P. Nos. 21929, 23974 of 2012 and 14652 of 2013 as the issues of law and fact raised in them are the same. However, for the sake of convenience, facts are being extracted from C. W. P. No. 21929 of 2012 Sanjeev Bagga and others vs. State of Haryana and others. The relevant facts, which need to be stated for adjudicating upon the issues raised in the petition are that the petitioners between the years 1989 to 1990 were engaged as Water Pump Operators (WPOs) on daily-wage basis. On the basis of policy dated 18.03.1996, their services were ordered to be regularized with effect from 01.02.1996, but not as WPOs, which is a Class-III post, but as Pump Attendants a Class-IV post. In the year 2008, the petitioners represented against such action, which was favourably considered by the respondents, who, after creation of new posts of WPOs with effect from 01.02.1996, ordered regularization of the services of the pet...

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Dec 18 2015 (HC)

Himank Parikh Vs. State of Haryana

Court : Punjab and Haryana

Oral: 1. Prayer in this petition filed under Section 439, Cr.P.C., is for grant of bail to petitioner, who has been booked for having committed the offences punishable under Sections 328, 376, 406, 467, 468, 471 and 506, IPC, in a case arising out of FIR No. 182, dated 15.06.2015, registered at Police Station, Sectors-55/56, Gurgaon. 2. Learned counsel for the petitioner contends that even if the whole case of the prosecution is taken at its face value, then also the gravamen of the offences for which the petitioner has been booked are not attracted qua him; the petitioner and the prosecutrix (name concealed), aged about 31 years, met on Facebook on 27.05.2014. It was revealed to the petitioner that the prosecutrix was a married woman having 10-year-old daughter and was not maintaining good relations with her husband; the petitioner, who is also aged about 31 years was a married male and having 3-year-old son, he too was not maintaining good relations with his wife; the prosecutrix her...

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Dec 17 2015 (HC)

Manjit Kaur and Another Vs. State of Punjab and Others

Court : Punjab and Haryana

Fateh Deep Singh, J. 1. The present petition invoking the jurisdiction of this Court under Section 482 Cr.P.C. is by the unfortunate mother Manjit Kaur and brother Jodh Singh, who both have sought holding of a fact finding enquiry as well as for registering an FIR against the concerned guilty officials for mysterious custodial death of Raju, son and brother respectively of the petitioners. 2. Facts of the case, as have been enumerated by the petitioners, are that on 16.10.2013 police officials of Police Station Maqboolpura (Amritsar) came to their house around 8.00 a.m. and took away Raju (now deceased) for questioning, promising that they would send him back. It is alleged that the police had subsequently registered a false case by way of FIR No.87 dated 15.10.2013 under Section 21/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Maqboolpura against Raju on the allegations that he was arrested near Gaushala roundabout on 15.10.2013 and 105 intoxicating ...

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Dec 17 2015 (HC)

Bhupinder Singh and Another Vs. Palwinder Kaur Chhina and Others

Court : Punjab and Haryana

Surinder Gupta, J. 1. A short point involved in this appeal is as to whether on the basis of the evidence on record, insurance company(now respondent No.9) could be allowed the recovery rights against the appellants i.e. driver and owner of tipper truck bearing registration No.CH-01N-9543(later referred to as the 'offending truck') involved in the accident. 2. Motor Accident Claims Tribunal, Amritsar (later referred to as 'the Tribunal') allowed a compensation of Rs. 3,65,000/- with interest @ 9% per annum from the date of filing of the petition till payment, for the death of Daljit Kaur in a motor accident. The Tribunal directed the insurance company i.e. New India Assurance Company (respondent No.9) to pay the compensation at the first instance and allowed the recovery rights against the appellants (driver and owner of the offending truck). The Tribunal observed that the driving licence of appellant No.1 Bhupinder Singh was not valid in view of the observations of Hon'ble Apex Court ...

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Dec 17 2015 (HC)

Harjit Kaur (D) through LRs. and Others Vs. Jangir Singh (D) through L ...

Court : Punjab and Haryana

Surinder Gupta, J. RSA-2171-1987 1. Jangir Singh (since deceased) now represented by his legal heirs filed suit seeking the relief of specific performance of agreement dated 23.01.1974 executed by appellant Harjit Kaur with regard to the land measuring 146 kanals 14 marlas as fully described in the head note of the plaint. As per the plaintiff(s), the land was agreed to be sold by Harjit Kaur at the rate of Rs. 6,450/- per killa and she received Rs. 15,000/- as earnest money and also executed a receipt dated 23.01.1974 to this effect. The date for execution of the sale deed was fixed as 05.06.1974. 2. On 01.05.1974 Shivdev Singh son of Jangir Singh son of Natha Singh filed a civil suit against Harjit Kaur and obtained an interim order from the Court against her to prevent execution of the sale deed by Harjit Kaur. On 29.05.1974, Harjit Kaur while acknowledging the agreement dated 23.01.1974 got scribed on the back of the agreement that she will execute the sale deed in favour of plaint...

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