Total Pageviews

Wednesday, March 31, 2010

M/s Dashmesh Rice Mills v. Punjab State Civil Supplies Crop. Ltd.
2009(3) LAW HERALD (P&H) 2536
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Ms Justice Nirmaljit Kaur
FAO No. 4060 of 2008
M/s Dashmesh Rice Mills & Ors.
v.
The Punjab State Civil Supplies Corporation Limited (PUNSUP) and Ors.
{Decided on 31/08/2009}
For the Appellants: Mr. S. P. Garg, Advocate.
For the Respondent: Mr. C S Bakshi, Advocate.
IMPORTANT POINT
Arbitration--Dispute covered under expected matter required to be decided by Managing Director and not by Arbitrator
Arbitration and Conciliation Act, 1996, S.4 & 6--Jurisdiction of Arbitrator--Expected matter--Dispute regarding delay in delivery of rice as well as shortage of rice--Decision of dispute already available in agreement itself--Dispute covered under expected matter required to be decided by Managing Director and not by Arbitrator. (Para 7)
----------------
Hari Singh v. State of Haryana
2009(3) LAW HERALD (P&H) 2538
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Jora Singh
Crl.Rev.No. 1516 of 1999
Hari Singh
v.
State of Haryana
{Decided on 18/08/2009}
For the Petitioner: Mr.S.S.Narula, Advocate.
For the Respondent: Mr. K.S. Godara, DAG, Haryana.
Punjab Excise Act, S.61(1)(a)--Conviction--Recovery of 15 boxes each containing 12 bottle of country made liquor--Minor discrepancies in testimonies of witnesses but not material one--Link evidence also complete--Held that petitioner committed offence under Section 61(1)(a)--However, petitioner is first offender and was 25 years old when recovery was affected--Petitioner is now 40 years is to become hard Criminal if sent to jail to undergo imprisonment of one years as directed by trial Court--Petitioner released on probation. (P.9,11,12 & 13)
----------------
Bharpur Singh v. Financial Comm. (Animal Husbandry), Punjab & Ors
2009(3) LAW HERALD (P&H) 2540
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mr. S.S. Saron
Civil Writ Petition 13391 of 2009
Bharpur Singh
v.
Financial Commissioner (Animal Husbandry), Punjab & Ors.
{Decided on 31/08/2009}
For the Petitioner: Mr. Manish Kumar, Mr. Singla, Advocate.
For Caveator-respondents-5 to 11: Mr Sherry K Singla, Advocate.
Punjab Land Revenue Act, 1887--Revenue Record--Title--Mutation sanctioned in favour of respondents on basis of natural succession by ignoring Will challenged--Held that mutation an entry of mutation in revenue records neither creates nor extinguishes title to property nor has it any presumptive value on title--Question as to title based on a Will or otherwise is to be decided civil Court on basis of evidence is to be decided by Civil Court on basis of evidence--To ascertain whether Will is genuine or not is domain of Civil Court--Petitioner relegated to remedy of filing of civil suit--However, Respondent not to alienate or transfer of create any encumbrance on land till application for temporally injunction is decided by Civil Court.

--------------