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Jan 29 2016 (HC)

Dharam Pal and Others Vs. Estate Officer, Union Territory, Chandigarh ...

Court : Punjab and Haryana

Arun Palli, J. What has been assailed is an order, dated 08.01.1999 (Annexure P17), rendered by the Estate Officer, UT, Chandigarh (respondent No.1), vide which claims of the petitioners for allotment of tenements under the Licensing of Tenements and Sites and Services in Chandigarh Scheme, 1979 (for short, 1979 Scheme ), has been declined. A writ of mandamus is also prayed for to direct the respondents to allot dwelling units, at village Mauli Jagran, UT, Chandigarh, to the petitioners. In brief, the case set out by the petitioners is that they had migrated from the State of Tamil Nadu and had set up their Jhuggies (Huts) in Sector 34, on a land that belonged to UT Chandigarh. The area was inhabited by many, who were similarly placed, and was known as Madrasi Labour Colony. Chandigarh Administration initiated a programme for housing and rehabilitation of economically weaker sections of society living in slum conditions in the labour colonies. And to provide them a low cost tenements, ...

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Jan 29 2016 (HC)

Balwant Singh Vs. State of Haryana

Court : Punjab and Haryana

Kuldip Singh, J. 1. This appeal is directed against the judgment of conviction dated 8.1.2003 and order of sentence dated 10.1.2003, passed by the learned Additional Sessions Judge, Fatehabad, vide which the appellant was convicted under Section 15 (e) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and was sentenced to undergo rigorous imprisonment for 10 years and fine of rupees one lac, in default thereof, to further undergo rigorous imprisonment for a period of two years, for allegedly keeping in his possession 200 kilograms of poppy husk. 2. On 27.8.1999, ASI Guriya Ram alongwith other police officials was present at Bus Stand Nagpur when he received a information that the accused indulges in the sale of poppy husk and if a raid is conducted, a huge quantity of poppy husk can be recovered from the fields of the accused. The information being credible, intimation was sent to Police Post Madh for summoning Charanjit Singh, DSP (Headquarters) thr...

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Jan 28 2016 (HC)

Chamel Singh and Another Vs. State of Haryana and Another

Court : Punjab and Haryana

Anita Chaudhry, J. (Oral): 1. This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No. 208 datd 19.06.2013, registered under Sections 323, 406, 498-A, 506 read with Section 34 IPC at Police Station Mahesh Nagar, Ambala by respondent No.2 and the subsequent proceedings. The facts, necessary for disposal of the instant petition are being noticed first. The petitioners are the in-laws of the complainant/respondent No.2 Manju Rani, who was married to their son Krishan Kumar on 10.10.2010. She had made a complaint to the police against the petitioners, her husband Krishan, brother-in-law Darshan Singh, his wife Rubby and sister-in-law Seema. It was alleged that the complainant was working as a Constable in Haryana Police. After the marriage, she was harassed and beaten by the accused for bringing dowry. Earlier she had filed a complaint before the Women Cell, where her brother was beaten by her husband and father-in-law, but with the intervention of respectables the matter w...

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Jan 28 2016 (HC)

Ramandeep Singh @ Raman Vs. State of Punjab

Court : Punjab and Haryana

Kuldip Singh, J. Challenged in the present revision is the judgment dated 17.9.2015, passed by the learned Additional Sessions Judge, SAS Nagar, Mohali affirming the judgment and order dated 27.1.2015, passed by the learned Chief Judicial Magistrate, SAS Nagar, Mohali, vide which the present revisionist/ petitioner was convicted under Section 25 of the Arms Act, 1959 for keeping in his possession one. 38 bore revolver, which is prohibited bore weapon, along with 4 live cartridges and was sentenced to undergo RI for five years. The period already spent by the convict was ordered to be set off against the substantive sentence. The revolver and the cartridges were ordered to be forfeited to the State and be disposed of. The facts of the case so far necessary for the disposal of the present revision are that on 19.12.2007, ASI Charan Singh was present near T-point at Mohali Club, Phase 11, Mohali in connection with investigation of FIR No.206 dated 11.12.2007 under Section 336 read with Se...

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Jan 28 2016 (HC)

M/s. Narang Medical Store Vs. Union of India and Others

Court : Punjab and Haryana

Rakesh Kumar Jain, J. The petitioner, a wholesaler chemist and druggist, has challenged the validity of the notification dated 17.01.2014, issued under Section 26-A of the Drugs and Cosmetics Act, 1940 (for short "the Act") by which sale/supply of the Active Pharmaceutical Drug/Ingredient (for short "API") has been regulated to the effect that the manufacturers of the bulk Oxytocin drug shall supply the API only to the manufacturers, licensed under the Drugs and Cosmetics Rules, 1945 (for short "the Rules") for manufacture of formulations of the said drug. The text of the notification, for the ready reference, is reproduced as under:- "G.S.R. 29 (E)- Whereas the Central Government is satisfied that VINOD KUMAR 2016.02.02 13:03 I attest to the accuracy and authenticity of this document Chandigarh CWP No.7135 of 2014 [2] ***** the Drug Oxytocin has a definite therapeutic use in certain medical conditions; And whereas the Central Government is satisfied that it is necessary and expedient ...

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Jan 25 2016 (HC)

Atul Sood Vs. Cholamandalam Investment and Finance Co. Ltd.

Court : Punjab and Haryana

This petition has been filed under Section 482 Cr.P.C. for issuance of direction to the learned Additional Sessions Judge, Jalandhar, to decide the application for additional evidence, filed in CRA No. 608 of 2014, titled as Atul Sood Versus Cholamandalam Investment and Finance Company Limited, before deciding the main criminal appeal. The grouse of the petitioner is that he was convicted by the learned Judicial Magistrate 1st Class, Jalandhar, for commission of an offence punishable under Section 25 of the Payment and Settlement Systems Act, 2007, and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 10,000/-, in default thereof, to further undergo rigorous imprisonment SANJIV KUMAR SHARMA 2016.01.28 12:05 I attest to the accuracy and authenticity of this document CRM No. M-2673 of 2016 (O/M) for one year, vide judgment of conviction and order of sentence dated 12.11.2014 (Annexure-P-2). The petitioner claims that before the first appellate Court, h...

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Jan 21 2016 (HC)

Kanwaljit Singh Ahuja and Another Vs. State of Punjab and Another

Court : Punjab and Haryana

Kuldip Singh, J. By this single judgment, I will dispose of CRM No. M- 31684 of 2012, titled as Kanwaljit Singh Ahuja Versus State of Punjab and another, and CRM No. M-37877 of 2012, titled as Darshan Singh Kler Versus State of Punjab and another, filed under Section 482 of Code of Criminal Procedure, 1973, for quashing of FIR No. 160 dated 8.11.2011, registered under Sections 379, 447, 511, 420, 465, 468, 471, 120-B, 182 IPC at Police Station Kurali, District SAS Nagar (Annexure-P-1) along with consequential proceedings arising there from, as the same is abuse of process of law as well as causing a grave miscarriage of justice on the grounds mentioned in the petition. For brevity, the facts have been taken from CRM No. M-37877 of 2012, titled as Darshan Singh Kler Versus State of Punjab and another. It is alleged in the petition that there is involvement of a senior police officer, posted as SSP, Mohali, in shielding the real culprits, who had attacked the persons on the farm house of...

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Jan 19 2016 (HC)

Balwinder Singh Vs. State of Punjab

Court : Punjab and Haryana

Hari Pal Verma, J. (Oral): Petitioner-Balwinder Singh has filed the present revision petition against judgment dated 11.10.2013 passed by the trial Court, whereby he has been convicted for offence under Section 304-A IPC and sentenced to undergo rigorous imprisonment for two years along with fine of Rs.4,000/- and in default of payment of fine, he has been ordered to further undergo simple imprisonment for 30 days. Challenge has also been laid to judgment dated 16.4.2014 passed by learned Additional Sessions Judge, Fazilka, whereby appeal against the judgment of conviction and sentence dated 11.10.2013 passed by the trial Court has been dismissed and the sentence imposed upon the petitioner has been upheld. On August 05, 2014, the petitioner had shown his keenness to have some settlement with the family of the deceased persons, for which, he was granted interim bail, enabling him to settle the matter with the complainant by paying more compensation and thereby strengthening his case fo...

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Jan 19 2016 (HC)

Bhinder Singh and Others Vs. State of Punjab

Court : Punjab and Haryana

P.B. Bajanthri, J. 1. The appellants and one Nek Singh were subjected to criminal proceedings on the complaint of one Sh. Pal Singh s/o Channa and Sessions Court acquitted Nek Singh and convicted appellants herein. They were sentenced as under:- Under Sec. 436 IPC: Accused is sentenced to undergo rigorous imprisonment for a period of four years for an offence under Sec. 436 IPC and to pay a fine of Rs. 2500/-. In default of payment of fine he shall further undergo R. I. for a period of three months. UNDER Sec. 427 IPC: Accused is sentenced to undergo rigorous imprisonment for a period of one year for an offence under Sec. 427 IPC and to pay a fine of Rs. 500/-. In default of payment of fine he shall further undergo R.I for a period of one month. As for as accused Gailo @ Malkit Kaur is concerned. She is a lady and lenient view is taken in awarding lesser sentence, which is as follow:- UNDER Sec. 436 IPC: Accused is sentenced to undergo rigorous imprisonment for period of two years for ...

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Jan 15 2016 (HC)

Shiv Lal alias Sholly Vs. The State of Punjab

Court : Punjab and Haryana

M.M.S. Bedi, J (Oral). Petitioner an accused of having entered into conspiracy in the murder of Bhim Tank with other accused Harpreet Singh @ Harry, Amit Doda and about 20 other persons, seeks concession of pre-arrest bail. The prosecution in this case was launched on the basis of statement made by Ranjit Singh @ Rana, to the effect that Bhim Tank was his family friend and former President of Bhim Pickup Union. He was working under the petitioner who is running his business of liquor vends in the States of Punjab, Haryana, Himachal Pradesh, Uttar Pradesh (U.P.) and Rajasthan. Bhim Tank earlier worked in one of the liquor vends owned by the petitioner but on account of some dispute having arisen between Bhim Tank and the petitioner, he stopped working with the petitioner on account of which petitioner nursed a grudge against Bhim Tank. The liquor business of petitioner is taken care of by his nephew Amit Doda. Petitioner and Amit Doda became inimical towards Bhim Tank on account of he h...

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