Court : Punjab and Haryana
Reported in : AIR1959P& H440
..... state corresponding to a state specified in part b of the first schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the government of india, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the government of india relating to any of the matters enumerated in the union list, subject to any agreement entered into in that behalf by the government ..... observed that the equal protection of persons against unjust discrimination by a state has no reference to territorial or municipal arrangements made for different portions of a state, and he went on to illustrate this point thus-'if a mexican state should be acquired by treaty and added to an adjoining state or part of a state, in the united states, and the two should be erected into a new state, it cannot be doubted that such new state might allow the mexican laws ..... the states reorganisation act, 1956, which provided the statutory authority for the merger, laid down in section 119-'the provisions of part ii shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to an existing state shall until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that state immediately be- .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1977P& H335
..... in the same context, it was further laid down that even though by virtue of the treaty by which the new territory has been acquired, it may have been stipulated that the pre-cession rights of old inhabitants shall be respected, but such stipulations cannot be enforced by individusal citizens because they are no parties ..... on the other hand, it is the admitted case of the parties that the grant was executed only a few days before the maharaja ceded his territory to the patiala and east punjab states union and if he really desired to benefit his brothers, there was no purpose in merely granting permission to, use ..... the lower appellate court found that the maharaja had absolute powers over the disposal of the property within his territory and the grant of land in question made in favour of the appellant was perfectly in order and within the ..... matters, the observations made in an earlier decision of the privy council were approved these being 'when a territory is acquired by a sovereign state for the first time that is an 'act of state'. ..... the said text contains the covenant entered into by the rulers of various states in this part of the country, including nabha state, at the time of their merger into the new patiala and east punjab states union. ..... april 28, 1960, but to ..... on july 13, 1960, maharaj kumar kharagh singh (who has also died during the pendency of his appeal) filed ..... serious claim to the property was made in court for the first time by filing a suit on july 1'3, 1960, i. e. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H522
..... official gazette, then --(a) in the case of the surplus area of a landowner, or in the case of the surplus area of a tenant which is not included within the permissible limit of the landowner, such area shall be deemed to have been acquired by the state government for a public purpose and all rights, title and interest (including the contingent interest, if any, recognised by any law, custom or usage for the time being in force) of all persons in such ..... the bench expressed the view that there were sound reasons for allowing the operation of the patiala recovery of state dues act to continue in only the former territory of pepsu and the provisions of article 14 of the constitution were not being offended in any manner. ..... it is submitted that the pepsu tenancy and agricultural lands act 1955 has become violative of article 14 of the constitution as after the merger of state of pepsu in punjab the principle of equality before law and of equal protection of law within the same territory is being contravened. ..... there is no reasonable classification between one landowner and another in the punjab state.my attention was drawn to a number of decisions of the high courts in the states where similar merger had taken place and the existing laws of several merging states had been preserved, though mutually conflicting. ..... the prescribed authority, after notice to the petitioner, allowed- the tenants' application on 31st may, 1960. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H230
..... the facts in this appeal filed under clause 10 of the letters patent by the state are that karanbir singh respondent owned some land which was included in an area acquired by the government for the establishment of an industrial training institute at patiala the acquisition proceedings concluded with an award given by the collector on the 31sl of march ..... 1) act of 1957 which reads --'if immediately before the commencement of this act there is in force in the transferred territories any law corresponding to any of the enactments or rules regulations notifications orders and by-laws made and directions or instructions issued thereunder extended to those territories by section 4, that law including the enactments specified in schedule iii shall on the commencement of this act, save as other wise expressly provided in this act stand repealed:' provided that such repeal shall not affect --(a) .. .. .. .. .. .. ..... , it is contended, is that the reference under section 18, which, since no objection regarding limitation appears to have been raised, must have been made within the period of limitation mentioned in section 18, and therefore before the merger of the two states, had to be decided at all stages according to the law then in force i.e. ..... at the time the reference was decided by the learned district judge which was after the merger of the pepsu with the state of punjab on the ist of november 1956 the law applicable was the land acquisition act as amended by the punjab government. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H326
..... which is permissible under the equal protection clause and to which no exception can be taken.these observations are quite apposite in the present case because on merger the laws which prevailed in the territories of erstwhile pepsu state have been preserved with regard to the aforesaid territories until the legislature of the present state of punjab makes a different provision, and it cannot be said that there is no reasonable basis for classification in ..... become applicable only if the property had been mortgaged with the decree-holder.actually this very language was employed in section 35 of the punjab belief of indebtedness act (act vii of 1934), but that act was later on amended by punjab act vi of 1942, and according to the amended provision the proviso reads as follows:'provided that the protection afforded by this clause shall not extend to any property ..... facts of that case that it was taken for granted that before the amendment when the proviso used the same language as the proviso in the patiala act, property was liable to be sold although the same was mortgaged to a third party and was not specifically charged with the debts sought to be ..... it is contended that in the other areas of the state of punjab, section 60(1) (ccc), as amended by the punjab relief of indebtedness act (act vi of 1942), restricts the mischief of the proviso only to those houses which have been specifically charged with the debt sought to be recovered and, therefore, the judgment-debtors in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H461
..... in its broadest outlines is more proper, all authorities are agreed that it is within the competence of the new sovereign to accord recognition to existing rights in the conquered or ceded territories and, by legislation or otherwise, to apply its own laws to them; and these laws can, and indeed when the occasion arises must, be examined and interpreted by the municipal courts of ..... date in or in relation to indian states by treaty, grant, usage sufferance or otherwise; and(c) there lapse also any treaties' or agreements in force at the date of the passing of this act between his majesty and any persons having authority in the tribal areas, any obligations of his majesty existing at that date to any such persons or with respect to the tribal areas, and all powers ..... , emperor of india which appertain or are incidental to the government of the territories in india for the time being vested in him, and all rights, authority and jurisdiction exerclsable by him in or in relation to any other territories in india, are exercis-able by his majesty, except insofar as may be otherwise provided by or under this act, or as may be otherwise directed by his majesty:provided that any powers ..... learned judge states the effect of the constitution on the merger of the states and his lordship's observations are :'(29) ..... acquire, ..... rights to property guaranteed by article 19(1) mean the rights which by themselves and taken independently are capable of being acquired, held or disposed of as property. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1986P& H119
..... the tenant, inter alia, took up the stand that the east punjab urban rent restriction act, 1949, was made applicable to the union territory of chandigarh with effect from 4-11-1972 and since the tenanted premises had been used partly for the professional business of the advocate and residence before that date, therefore the ground of change of user ..... residential premises were not let out to accommodate the district attorney's office as such and so the question as to whether the residential building let out for the office of the district attorney would or would not acquire the character of non-residential building by virtue of the definition of the expression non-residential building' is merely hypothetical. ..... on behalf of the tenant it was canvassed that the building having been let out for non-residential purpose, the same acquired the character of a non-residential building and, therefore the same could not be got vacated by the landlord. ..... the said contention was repelled and it was observed that if such a contention was allowed to prevail, then provisions of section 14a of the delhi rent act would be put to a naught and frustrated by the government employee landlord by renting out their residential premises for non-residential purpose.14. ..... 21 of the tamil nadu buildings (lease and rent control) act, 1960, hereinafter referred to as the tamil nadu rent act, which prohibits conversion of residential building the permission in writing of the rent controller, is pari material with s .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H170
..... as are essential to the effective administration of the state or states to be created by the new law and as may be necessary to give effect to the other provisions of the reorganization act; (iii) the amendments to the constitution which can be made in exercise of the above-mentioned power are not restricted to the amendment of the first schedule and the fourth schedule to ..... parties at quite some length:--(i) the amendments which can be made to the various provisions of the constitution (other than those contained in part iii) in the course of enacting a reorganization act under article 2 or 3 of the constitution by virtue of the power vested in the parliament to make provisions which are 'supplemental, incidental and consequential' to the law of reorganization must ..... state legislature under entry 11 of the state list in respect of the punjab university; (iii) section 5(3) of the 1969 act is a law in respect of the punjab university within the meaning of the relevant expression used in section 72; and (iv) section 5(3) of the 1969 act is not void for want of territorial nexus; and would accordingly dismiss the petition, though without any order as to costs. 20. ..... act, 1960, section 26 was substituted by the following:--'the colleges affiliated to the university of punjab, lahore, on or before the 27th september, 1947, and located in india, shall be deemed to be affiliated to the university and shall be subject to all the provisions of this act ..... 1960) of the punjab university act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H12; [1968]22STC335(P& H)
..... 'sub-clause (vi) of section 5(2)(a) of the principal act, as substituted by punjab act 18 of 1960, stands thus-'(vi) the purchase of goods which are sold not later than six months after the close of the year, to a registered dealer, or in the course of inter-state trade or commerce, or in the course of export out of the territory of india: provided that in the case of such a sale to a registered dealer, a declaration in the prescribed form and duly filled and signed by ..... old punjab, and that is why, parallel enactment for the union territory of chandigarh or for the transferred territories there will be clear violation of article 14; and (3) that in spite of the amending act, the illegality, on the basis of which the supreme court quashed the previous assessments, still persists and the proceedings taken under the amending act are claimed to be suffering from the same vice from which ..... to read section 292 as containing a direction by parliament that the law then in force must in any event continue up to a specified date, namely, the date of its alteration, repeal or amendment by a later act of the legislatures in india; and, it was sought to be inferred therefrom that no later act of such legislatures can by words of retrospective operation antedate its effect so as to affect rights acquired under a previous law down to the date of the new legislation. ..... said that the impugned act retrospectively, deprived landlords of a share of the rent to which they had already acquired a right. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1988P& H281
..... judges held :--'learned counsel for the appellant argued that the delegated legislation embodied in the delhi laws act and the part c states act was upheld by the supreme court only because the legislature in enacting those acts was guided by the policy that in small areas like the union territories which did not have legislatures established by the constitution, it would be difficult for the parliament to ..... define 'existing law' and 'law' as follows:--''existing law' means any state act or provincial act in force immediately before the appointed day in the whole or any part of the territories now comprised in the union territory of chandigarh and includes any rule, order, bye-law, scheme, notification or other instrument made under such state act or provincial act, but does not include any law relating to a matter enumerated in the union ..... of the table hereunder printed, occurs (otherwise than in a title or preamble or in a citation or description of an enactment) in an existing law, whether an act mentioned in the schedule to this order or not, then, in the application of that law to the union territory of chandigarh, or as the case may, to any part thereof, unless that expression is by this order expressly directed to be otherwise adapted or modified or to ..... of the notification of the central government extending the punjab preemption (amendment) act, 1960, in exercise of the powers under s. ..... under that act, the assembly acquired power of enacting laws in respect of items in .....
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