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Jan 08 2016 (HC)

Mohkam Singh Vs. State of Punjab

Court : Punjab and Haryana

M.M.S. Bedi, J.(Oral): 1. Petitioner seeks concession of regular bail in a case registered on the report of SHO, Police Station, Chittiwind, Amritsar, on 10.11.2015. A conference claimed as Sarbat Khalsa 2015 was organised which was attended by various leaders and few residents of USA, UK and Italy. The general allegations in the FIR are that in the said conference organisers and leaders instigated the youth for committing breach of unity and integrity of the country as such, slogans were raised spreading hateful sentiments between the community. 2. So far as the petitioner is concerned, he along with 19 other persons is alleged to have instigated the youth to commit activities to breach of unity and integrity of the country. Though the petitioner is named in the FIR but no specific words have been attributed to the petitioner. The petitioner has been in custody w.e.f. 23.11.2015. 3. Without expression of any opinion on merits, in view of the nature of the allegations against the petit...

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Jan 08 2016 (HC)

Naresh Kadyan Vs. State of Haryana and Others

Court : Punjab and Haryana

Satish Kumar Mittal, J.(Oral): 1. The petitioner has filed this petition, claiming it to be in public interest, challenging certain provisions of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 (hereinafter referred to as the "2015 Act'), notified vide Notification dated 19.11.2015. By this Act the Punjab Prohibition of Cow Slaughter Act, 1955 (hereinafter referred to as the "1955 Act") as applicable to Haryana has been repealed. 2. The petitioner is further seeking direction to the respondents to adopt and declare Cow Progeny as "State Animal of Haryana". 3. The primary challenge is to sub sections (2) and (3) of Section 20 of 2015 Act. 4. Section 20 of the Act reads as under :- "(1) The Punjab Prohibition of Cow Slaughter Act, 1955 (Punjab Act No. 15 of 1956) as applicable to the State of Haryana is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the repealed Act and the rules made thereunder, shall be deemed to have been done or ...

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Jan 06 2016 (HC)

Balraj Singh (dead) through LRs Vs. Bhupinder Singh

Court : Punjab and Haryana

Raj Mohan Singh, J. 1. Defendant is in second appeal against the judgment and decree dated 05.01.2011 passed by Additional District Judge, Ferozepur vide which judgment and decree dated 20.08.2010 passed by Additional Civil Judge (Sr. Divn), Ferozepur has been set aside and appeal has been accepted thereby decreeing the suit for specific performance of agreement to sell dated 09.07.1999. Defendant-appellant has been directed to get the sale deed executed and registered in favour of plaintiff after obtaining balance sale consideration within two months from the date of passing of the decree failing which plaintiff has been entitled to get the sale deed executed through the agency of the Court on depositing the balance sale consideration. 2. Plaintiff filed suit for specific performance on the ground that defendant is owner of the suit land measuring 56 Kanals fully detailed in the head note of the plaint situated in village Sultan Wala, Tehsil and District Ferozepur. An agreement to sel...

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Jan 06 2016 (HC)

Kuldeep Singh Vs. State of Punjab

Court : Punjab and Haryana

Naresh Kumar Sanghi, J.(Oral): 1. Challenge in this criminal appeal is to the judgment, dated 25.11.2013, passed by learned Judge, Special Court, SAS Nagar (Mohali), whereby the appellant, Kuldeep Singh, was held guilty for having committed the offence punishable under Section 29, read with Section 21(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as the NDPS Act), and ordered to undergo rigorous imprisonment for ten years, besides payment of fine of Rs. 1,00,000/- (Rupees One Lac only) and in default thereof, to undergo further rigorous imprisonment for six months, for abetting Mehtab Gul Bahar (co-accused of the appellant) to keep in possession 500 gm. Smack without any valid permit or licence. 2. Learned counsel for the appellant submits that even if the whole case of the prosecution is taken at its face value, then also it is clear that alleged Smack, weighing 500 gm. was recovered from Mehtab Gul Bahar (the co-accused of the appellant); there ...

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Jan 06 2016 (HC)

State of Haryana and Others Vs. Bharat Singh

Court : Punjab and Haryana

Sabina, J. Respondent had filed suit for declaration challenging the order dated 27.10.2005, whereby, he was ordered to be regularised/absorbed against the post of Labourer instead of Tractor driver and the order dated 21.06.2006, whereby, appeal filed by the respondent, was dismissed. The case of the respondent-plaintiff, in brief, was that he was appointed as Tractor driver on 01.03.1994 and his services were terminated w.e.f. 01.10.1996. Respondent raised an industrial dispute and the Labour Court vide its award dated 08.10.1999 ordered the reinstatement of the respondent with continuity of service. In compliance of the said award, respondent was reinstated in service and he joined his duties. Thereafter, respondent made a representation for regularisation of his services as a driver (Group 'C'). However, vide order dated 27.10.2005, respondent was regularised as a Labourer (Group 'D'). Aggrieved against the said order, respondent preferred an appeal, but the said appeal was dismiss...

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Jan 05 2016 (HC)

Bansi Lal Vs. State of Punjab and Others

Court : Punjab and Haryana

S.S. Saron, J. 1. Learned counsel for the State has filed short affidavit of Sh. Gurcharan Singh Dhaliwal, Deputy Superintendent, Central Jail, Patiala on behalf of respondents No. 1 and 2. The same is taken on record. 2. As per office report, notice issued to respondent No. 3 District Magistrate, Partapgarh has been received back unserved. In view of the reply filed on behalf of respondents No. 1 and 2, notice to respondent No. 3 is not necessary. 3. Heard learned counsel for the parties. 4. The petitioner Bansi Lal has been convicted and sentenced vide order dated 08.09.2014 in case FIR No. 107, dated 11.08.2011, registered at Police Station Julkan, District Patiala for the offence punishable under Section 18 of the Narcotic Drugs Psychotropic Substances Act, 1985. He has been sentenced to undergo Rigorous imprisonment for 12 years, besides, pay a fine of Rs. 1,00,000/- and in default thereof undergo further rigorous imprisonment for 01 year. During incarceration of the petitioner, h...

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Jan 05 2016 (HC)

Bhagat Singh and Others Vs. State of Punjab and Another

Court : Punjab and Haryana

Anita Chaudhry, J. 1. The petitioners are aggrieved with the order dated 06.06.2014, passed by the Sessions Judge, Rupnagar who allowed the revision filed by the complainant and directed the Magistrate to reconsider the case. 2. An occurrence took place on 19.02.2011. The complaint had been given by Karnail Singh. The petitioners were challaned under Sections 323, 325, 506, 34 IPC. An application was filed by the complainant for framing charge under Section 307 IPC. The trial Magistrate framed the charges under Sections 323, 325, 506, 34 IPC and dismissed the application filed by the complainant. Aggrieved with the order, the complainant preferred a revision petition on 30.10.2013 but later withdrew the same on 17.12.2013 without seeking any permission to file a fresh revision. Thereafter, he filed another revision which has been allowed by the Sessions Judge. The order passed by the trial Court was set aside and the matter was remitted back to the trial Court for reconsideration, in v...

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Jan 05 2016 (HC)

Rajender Kumar Vs. The Presiding Officer and Others

Court : Punjab and Haryana

Sabina, J. 1. Petitioner has filed this petition challenging the award dated 02.12.2011 (Annexure P-6). 2. Learned counsel for the petitioner has submitted that the petitioner be granted one opportunity to enable him to lead his evidence. 3. The case of the petitioner, in brief, is that he was engaged as a Weaver with respondent No. 2 on 24.11.1981 and was paid wages on piece rate basis. Services of the petitioner were dispensed with verbally by respondent No. 2 on 01.10.1994. Petitioner preferred Civil Writ Petition No. 15102 of 1994 against his termination and the said writ petition was dismissed vide order dated 02.04.1997. Thereafter, petitioner preferred a Letters Patent Appeal against the said order and the same was disposed of vide order dated 21.09.2004 and the following order (as reproduced in Para 5 of the present writ petition) was passed:- "In the result, the appeal is allowed. The order of Learned Single Judge is set aside and the case is remanded for decision on merits". ...

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Jan 05 2016 (HC)

Maya Devi Vs. Presiding Officer and Another

Court : Punjab and Haryana

Sabina, J. 1. Petitioner has filed this petition challenging the Award dated 05.02.2010 (Annexure P-8). 2. Learned counsel for the petitioner has submitted that petitioner had put in more than 240 days of service with the respondent No. 2. Services of the petitioner were terminated by respondent No. 2 without following due procedure of law. 3. Learned counsel for respondent No. 2 on the other hand has opposed the petition and has submitted that in fact petitioner had submitted her resignation on 29.05.2000 and the same was accepted on the same day and the requisite dues were paid to the petitioner vide receipt Annexure R-5.4. Case of the petitioner, in brief, was that she was employed with the respondent as Finishing Assistant on 06.11.1997 on a monthly salary of L 1300/-. From April 2000 onwards, petitioner was paid salary to the tune of L 1900/- per month. However, the services of the petitioner were terminated on 24.05.2000 without following due process of law. 5. Petitioner raised ...

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Dec 29 2015 (HC)

Subeena Vs. State of Haryana and Others

Court : Punjab and Haryana

Mahesh Grover, J. 1. This is a petition where the petitioner prays for inclusion of her name in the voter list in village Babupur so as to be enabled to contest the coming election to the village panchayat. 2. According to the facts pleaded, the petitioner became the resident of this village after matrimony on 22.12.2015. In this regard she had made an application to respondent No.4 which has gone unanswered so far. 3. Learned counsel for the petitioner contends that in terms of Section 23(3) of the Representation of the People Act, 1950, an inclusion by way of amendment, transposition or deletion of an entry in the voter list can be made. 4. On due consideration of the matter, we are of the opinion that there are visible constraints in accepting the prayer of the petitioner. Once the election process has been set in motion, the writ petition of this kind which has the effect of interference with the process would not be maintainable as per the settled law. Besides, there is always a s...

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