Court : Punjab and Haryana
Reported in : AIR1953P& H120
Kapur, J.1. In this plaintiff's appeal against the judgment and decree of Mr. Prahlad Singh Bindra, Senior Subordinate Judge, Jullundur, dated 30-12-1950 the points canvassed for our decision are one of res judicata and the other of the validity of notice under Section 80, Civil P. C., which are really the only two points decided by the trial Court.2. In order to understand how the question of res judicata arises it may be necessary to give the facts of the case in some detail. On 20-4-1943 the firm Dayal Das-Dharam Paul of Dhilwan are alleged to have consigned 200 bags of wheat weighing 500 maiuids to Surat, the consignee being Basheshar Nath-Ram Kishan of Philwan. This was by means of invoice No. 40 and Railway Receipt No. 498293, and the goods are alleged to have been sent by a wagon No, 27325. On 29-4-1943 the goods were sold by the consignee to Dwarka Das plaintiff in the following manner It was represented to him that the Railway Receipt was lost. An indemnity bond was then execu...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H70
Harnam Singh, J. 1. Jiwana Mal tenant applies under Article 227, Constitution of India that the orders passed by the District Judge, Ferozepur, in Miscellaneous Civil Appeal No. 186 of 1950 may be set aside. By that order the District Judge has directed the eviction of Jiwana Mal tenant from the shop let to him by Khushi Ram landlord. 2. Briefly summarized the facts of the case are these. On 11th August 1949, Khushi Ram landlord applied under Section 13, Punjab Urban Rent Restriction Act, 1949, hereinafter referred to as the Act, for the eviction of Jiwana Mal tenant on the ground of non-payment of rent. That application was rejected by the Rent Controller on 19th November, 1949. 3. From the order passed by the Rent Controller on 19th November 1949, the landlord appealed under Section 15 of the Act. 4. In the appellate proceedings the point that arose for decision was whether the tenant had complied with the requirements of the proviso to Section 13 (2) (i) of the Act. Section 13 (2) (...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H235
Kapur, J. 1. This is a plaintiffs' appeal against the judgment and decree of Mr. Jagan Nath, Senior subordinate Judge, Hissar, dismissing the plaintiffs' suit.2. The plaintiffs claiming to be a Joint Hindu family arm brought the suit, out of which this appeal has arisen, for recovery of Rs. 10,000/- on account of 'non-delivery or mis-appropriation' of pledged goods. The defence 'inter alia' was that the plaintiff-firm was not a joint faintly firm and no suit could be instituted because it was not a registered firm. The learned Judge raised two issues:' 1. Is the plaintiff-firm a joint Hindu family business and does not require registration? 2. If not, should the suit fail?' He held that it was not a Joint family firm and as it was admitted that it had not been registered under Section 69, Partnership Act it could not institute the suit and even' though the registration had been effected after the suit had been brought the defect of want of registration could not be rectified.3. Counsel...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H88
Harnam Singh, J.1. Doctor Mukand Lal, hereinafter referred to as the applicant applies under Article 226 of the Constitution of India for the issuance of a writ of 'mandamus' directing the Municipal Committee of Simla, to forbear from acting on the resolution passed on 4-8-1952, whereby the services of the applicant were terminated forthwith on payment of one month's wages in lieu of notice.2. Briefly summarised the facts of the case are these. By application, annexure R. 1, the applicant offered himself as a candidate for the post of Deputy Medical Superintendent and Resident Medical Officer, Ripon Hospital, Simla, on a salary of rupees 300-20-500 plus free furnished house with the benefit of municipal provident fund at the rate of one anna in the rupee and leave according to municipal leave rules. On 14-8-1941, the President, Municipal Committee, by letter, annexure R. 2, informed the applicant that the Committee had decided to offer 'him the post of Deputy Superintendent and Residen...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H55
Kapur, J. 1. This is a petition by L.: Lachhman Dass Nayar and seven others for the issue of appropriate writs against the various officers of the Income-tax Department in regard to actions taken and orders passed by those officers. 2. The facts of this case are rather complicated and may therefore be stated at some length. Prior to the assessment year 1937-38 Lachhman Dass petitioner along with his seven sons formed a Hindu undivided family and were being assessed as such. For the year 1938-39 returns were made on the basis of partnership consisting of the joint Hindu family of Lachhman Dass with his seven sons as one partner having fourteen annas share and Daulat Ram one of the sons of Lachhman Dass as another partner owning two annas share. The Income-tax Officer refused to recognise this partnership as a partnership for the purposes of the Income-tax Act, but on appeal to the Appellate Tribunal it was held on 8th September 1942 that this firm was registrable, and the case being tak...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1952]22ITR418(P& H)
KAPUR, J. - This is a petition by L. Lachhman Dass Nayar and seven other for the issue of appropriate writs against the various officers of the income-tax department in regard to action taken and order passed by those officers.The facts of this case are rather complicated and may therefore be stated at some length. Prior to the assessment year 1937-38 Lachhman Dass petitioners along with his seven sons formed a Hindu undivided family family and were being assessed as such. For the year 1938-39 returns were made on the basis of partnership consisting of the joint Hindu family of Lachhman Dass with his seven sons as one partner having fourteen annas share and Daulat Ram one of the sons of Lachhman Dass as another partner owing two annas share. The Income-tax Officer refused to recognised this partnership as a partnership for the purposes of the Income-tax Act, but on appeal to the appellate tribunal it was held on the September 8, 1942, that this firm was registrable. On the case being t...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H113; [1952]22ITR410(P& H)
Kapur, J.1. The petitioners in this case. The Lord Krishna Sugar Mills Ltd, move for the issue of an appropriate writ commanding respondent 1, the Income-tax Officer Ambala, to forbear from taking any steps or further steps for enforcing the Notice of Demand dated 6-10-1951 or the order contained in the letter dated 2-7-1952. 2. The sole business of the petitioners is at Saharanpur but its registered office was at Lahore and upto the year 1947 it was subject to the Jurisdiction of the Income-tax Officer, Lahore. Due to disturbances before the partition of the country the registered office was shifted to Bupar. 3. The accounting period of the petitioners is from the first June of one year to the 3lst May of the following year. They filed three returns for the accounting period from 1-6-1944 to 31-5-1945, from 1-3-1945 to 31-5-1946, and from the 1st June 46 to 31-5-1947. The subject-matter of the dispute in the present case is the accounting period from 1-6-1945 to 31-5-1946, the assessm...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H137
Kapur, J. 1. This is a rule obtained by Naubat Rai, who was at one time the Manager of the Military Dairy Farm in Ambala Cantonment and previous to that at Bangalore at all relevant times praying for an appropriate writ to issue against the order of his removal from service passed on the 17th or 19th of November 1951. The petition was originally filed on 22-11-1951, which was supported by an affidavit and a supplementary petition was filed on 22-4-1952 which gives some additional facts and grounds.2. The petitioner alleges that he was in the service of the Military Farms Department of the Government of India for about 29 years and was due to retire in July 1952. One of the annexures attached to the petition shows that he has chosen the new pension rules; that he had been granted a gazetted status as from 8-8-1945 (vide annexure A), that on 6-9-1949 an enquiry was instituted against him at the instance of one Jamadar Kishan Singh who complained that the petitioner was using a car belong...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H40
ORDERSoni, J. 1. These 18 petitions involve an, important point of law. The petitioners in these 18 cases are manufacturers of aerated water in Amritsar. They have been prosecuted under Section 13(1)(d) of the Punjab Pure Food Act, 1929, which enacts that no person shall sell any food containing any substance the addition of which is prohibited by rules made under this Act, or containing a greater proportion of any substance than is permitted by such rules. It seems that a rule was published which allowed the use of 66 grains of saccharin in 10 gallons of aerated water and the use of citric acid in the water. It is stated that because of the difficulty in obtaining sugar, representations were made to Government and Government allowed the use of 300 grains of saccharin instead of 66 grains of saccharin in 10 gallons of aerated water. Government also allowed the manufacturers of aerated water to use tartaric acid in place of citric acid. It appears that later the concession givenv which ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H160
Kapur, J.1. This is an appeal against an appellate order passed by Mr. Mani Ram reversing the order rejecting the plaint as brought by the plaintiffs.2. The plaintiffs brought a suit for declaration that the sale of a 'haveli' effected bytheir father was without consideration andnecessity and will not affect their reversionaryrights. An objection was taken that the plainthad not been properly presented as the powerof attorney in favour of the Pleader did notauthorise him to make the presentation. Therelevant words of the power of attorney are:'In the above noted case I appoint for prosecution for defence *****Lala Lakshmi Chand Advocate * *All actions of the said gentleman will be asif done by myself and will be acceptable toand binding on me * * * *The said gentleman will have the right tosign and verify the plaint, written statement, etc.'In the body of the power of attorney the only person whose name is mentioned is Lala Lakshmi Chand, but underneath it is put down :'I accept the po...
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