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Feb 10 2016 (HC)

Komal Preet Sharma Vs. Punjab Public Service Commission, Patiala

Court : Punjab and Haryana

The petitioner seeks a direction for re-computing the result of the preliminary examination of Punjab State Civil Services Combined Competitive Examination, 2015 conducted on 12.12.2015, by deleting question No.99 of Paper-1 Set-A. In the alternative, the relief of 2 grace marks is sought by correcting the answer key of question No.39 of Paper-II Set-A and to award 2.5 marks to the petitioner for the said question. The pleaded case of the petitioner is that 101 posts in various departments were advertised on 11.09.2015 by the respondent-Punjab Public Service Commission, Patiala. The examination was to consist of two parts, i.e., preliminary competitive examination and main competitive examination. The preliminary examination, which was held on 12.12.2015, consisted of 2 papers- Paper-I of General Studies and Paper-II in the subject of Civil Services Aptitude Test. Paper-I consisted of 100 questions, having 2 marks for answering each question and Paper-II consisted of 80 questions, havi...

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Feb 09 2016 (HC)

Hani Vs. State of Haryana

Court : Punjab and Haryana

The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 619 dated 13.11.2014 registered under Sections 376,366-A,506,120-B IPC at Police Station Camp Palwal, District Palwal. Learned counsel for the petitioner contends that the petitioner has falsely been implicated in the case, whereas, he was not involved. There was delay of one month in lodging of the FIR as the incident occurred on 17.10.2014 and the FIR was registered on 13.11.2014. Learned counsel further contends that the prosecutrix has stated that one Hani has committed rape upon her, whereas, name of the petitioner is Jitender @ Anni and he is not even residing at the address mentioned in the FIR. As per the allegations levelled in the FIR and the statement of the prosecutrix recorded under Section 164 Cr.P.C., the accused was known to her but still the name was mentioned wrongly and while declining bail to the petitioner these facts have not been consider...

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Feb 09 2016 (HC)

M/s. H.S. Gas Service and Others Vs. UOI and Others

Court : Punjab and Haryana

The petitioners, 26 in number, are the distributors of Liquified Petroleum Gas (for short "LPG") at Jalandhar, of three companies, namely, Indian Oil Corporation Limited (IOCL), Bharat Petroleum Corporation Limited (BPCL) and Hindustan Petroleum Corporation Limited (HPCL). Out of 26 distributors, 17 are of IOCL, five are of HPCL and four are of BPCL. The petitioners have challenged the Advertisement dated 26.10.2013, issued by all the aforesaid three companies for appointment of LPG distributors, under various categories, at location specified in the State of Punjab. In the said Advertisement, the distributors to be appointed at Serial Nos.12 to 18 are of the IOCL, distributor at Sr. No.115 is of HPCL whereas the distributor at Sr.No.149 is of BPCL. The petitioners have also prayed for the issuance of a writ in the nature of prohibition, in order to restrain the respondents, from appointing further LPG distributors in Jalandhar City till feasibility is arrived at, keeping in view norms...

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Feb 09 2016 (HC)

Rakesh Kumar Sharma and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

Oral: This judgment shall dispose of CWP-2775-2015, 24852 and 24969-2014, involving common questions of law and facts. However, to dictate orders, facts have been taken from CWP-2775-2015 titled Rakesh Kumar Sharma Vs. State of Punjab and others. The petitioner seeks quashing of the action of the respondents in declining to consider the candidature of the petitioner in Register-A-II, while declaring the result as per Register-C, for the process years 2008, 2012 and 2013, for the post of Punjab Civil Services (Executive Branch) against advertisement No.2 (Annexure P4). The petitioner, who is an employee of the Government of Punjab and working as Assistant Controller (Finance and Accounts) District Food and Supplies Controller, Bathinda, has pleaded that he was initially appointed as a Clerk in the year 1998 and appointed in the State Account Service (SAS) on 16.07.2003 on the post of Section Officer. Thereafter, he was promoted to the post of Assistant Controller (Finance and Accounts) ...

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Feb 09 2016 (HC)

Inder Singh Vs. Karam Singh and Others

Court : Punjab and Haryana

1. First of all it has to be seen whether Regular Second Appeal is maintainable from a decree involving subject matter of the original suit not exceeding Rs.25,000/-? 2. The Code of Civil Procedure (Amendment) Act 1999 came into being on 01.07.2002, whereby Section 102 CPC was substituted with new Section which reads as under:- "Section 102 CPC: No second appeal in certain cases:- No second appeal shall lie from any decree, when the amount or value of the subject matter of the original suit does not exceed Rs.25,000/-". 3. Repeal and savings as contained in Chapter IV of the aforesaid amendment Act provides in terms of Section 32(2)(h) that the provisions of the Section 102 of the Principal Act, as substituted by Section 11 of the amending Act shall not apply to or affect any appeal which had been admitted before the commencement of Section 11 and every such appeal shall be disposed of, as if, Section 11 had not come into force. 4. The aforesaid properties of the amending Act have been...

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Feb 08 2016 (HC)

Ashok Kumar Vs. State of Haryana and Another

Court : Punjab and Haryana

Oral: This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No. 46 dated 15.01.2015, registered under Sections 323, 406 and 498-A IPC at Police Station Thanesar City, District Kurukshetra and the subsequent proceedings. The facts, necessary for disposal of the instant petition are being noticed first. The petitioner is the father-in-law of the complainant/respondent No.2 Sangeeta. She was married to Neeraj on 02.11.2003. Two children were born. A lengthy complaint was given to the police against the petitioner, his wife and son levelling allegations that after marriage the accused started taunting and harassing her for bringing less dowry. After the marriage she learnt that it was second marriage of Neeraj and he was an addict. She further alleged that after one month of marriage, her father-in-law tried to do an illegal act with her. Her husband used to harass her and confined her in a room. On 18.05.2011 accused gave beatings to her. The matter was reported to the poli...

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Feb 08 2016 (HC)

Atma Singh Vs. The Presiding Officer and Others

Court : Punjab and Haryana

Petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of certiorari for quashing order dated 04.05.2015 (Annexure P-1), whereby, application moved by the petitioner under Section 33C(2) of the Industrial Disputes Act, 1947 ('Act' for short), was dismissed. Learned counsel for the petitioner has submitted that the petitioner was working with the respondent- Management and had worked upto 31.12.1998. However, wages for the period from 01.01.1998 to 31.12.1998 amounting to Rs. 1,02,744/- were deducted on the ground that the date of retirement of the petitioner was 31.12.1997. In the present case, petitioner was to retire from service w.e.f. 31.12.1997. However, he was allowed to continue in service upto 31.12.1998. Consequently, the wages paid to the petitioner from 01.01.1998 to 31.12.1998 were recovered from the petitioner. Petitioner had filed a civil suit seeking a mandatory injunction that the pensionary benefits be released to...

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Feb 04 2016 (HC)

Sanjiv Jain Vs. State of U.T. Chandigarh

Court : Punjab and Haryana

By this single judgment, I will dispose of CRR No. 3030 of 2015 and CRR No. 3152 of 2015, filed by revisionists Sanjiv Jain as well as Sanjay Jain (Advocate), against the judgment dated 30.7.2015, passed by the learned Additional Sessions Judge, Chandigarh, affirming the judgment of conviction dated 18.9.2012 and order of sentence dated 21.9.2012, passed by the learned Judicial Magistrate 1st Class, Chandigarh, vide which the present revisionists were convicted and sentenced to undergo imprisonment as under :- ConvictsSection(s)SentenceSanjay Jain,Advocate and Sanjiv Jain465 IPC2 years each. 466 IPC3 years and fine of Rs. 500/- each. 467 IPC3 years and fine of Rs. 500/- each. 468 IPC3 years and fine of Rs. 500/- each. 471 IPC3 years and fine of Rs. 500/- each. 120-B IPC1 year each. The brief facts of this case are that on 20.8.2002, one Aman, Clerk to Ashok Singla and Suresh Singla, Advocates, took a copy of order dated 21.11.2001, purportedly passed by a Division Bench of this Court, ...

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Feb 03 2016 (HC)

Babbu Vs. State of Punjab

Court : Punjab and Haryana

This order shall dispose of the present petition filed under Section 439 Cr.P.C. seeking benefit of regular bail to the petitioner pending trial in case FIR No.80 dated 28.05.2014, under Sections 302, 34 IPC, registered at Police Station Baghapurana, District Moga. Having heard counsel for the parties at length, this Court is inclined to accept the prayer made in the instant petition. Deceased in the present case is Jagsir Singh whose dead body was recovered from a well situated close to a brick kiln on 27.04.2014. Initially, statements of Ram Singh son of Munshi Singh and Resham Singh son of Malkiat Singh, stated to be relatives of Jagsir Singh were recorded and therein they had stated that it was a case of natural death and Jagsir Singh had died having slipped into the well. Present FIR in the case was recorded on the basis of statement recorded by grandmother of deceased Jagsir Singh approximately one month later. As per statement got recorded by Malkit Kaur, the family was watching...

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Feb 02 2016 (HC)

Manmohan Singh Vs. The Presiding Officer and Another

Court : Punjab and Haryana

Petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of certiorari for quashing the award dated 23.03.2010. Petitioner had raised an Industrial dispute by serving a demand notice challenging his termination. The appropriate Government referred the said dispute for adjudication to the Industrial Tribunal-cum-Labour Court-I, Chandigarh. The case of the petitioner, in brief, was that his services had been illegally terminated by the respondent-Management. The inquiry officer had not afforded proper opportunity to the petitioner to enable him to put up his case. Petitioner had no concern with regard to manipulation made in account Nos.4500 and 4580. The claim was putforth by the brother of the petitioner. Respondent-Bank in its written statement averred that the services of the petitioner had been terminated after holding the departmental inquiry against him. The charges levelled against the petitioner stood duly proved in the depar...

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