Court : Punjab and Haryana
Reported in : AIR1954P& H87
..... of matters, the proper order to be passed by the court of first instance was to direct the adjudication of the question specified in section 46(a) of act no. xxxi of 1950 by the custodian and to order the staval of the disposal of the suit pending the adjudication of that question by the custodian.7. for the foregoing reasons, i ..... mohammad saddiq barry appeals under section 100 of of the civil procedure code.6. now, the relevant portion of section 46 of the administration of evacuee property act provides that save as otherwise expressly provided in the act, no civil court shall have jurisdiction to entertain or adjudicate upon any question whether any property or any right to or interest in any property is ..... saddiq barry instituted civil suit no. 77 of 1950 for declaration that he was 'mutwalli' of the property in suit. in that suit the custodian evacuee property, was impleaded to be a party.2. in the written statement the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H134
..... objection to the application under article 226 of the constitution, in the first place, it is said that section 1 of the industrial disputes (appellate tribunal) act 1950, hereinafter called appellate act, gives a specific and adequate legal remedy to the bank from the order of the tribunal passed on the 12th of september 1951, and in the second ..... the tribunal to grant suitable relief to bring about industrial peace. in the bharat bank ltd., delhi v. employees of bharat bank, ltd., delhi, air (37) 1950 s o 188, mukherjea, j., said:'in settling the dispute between the employers and the workmen, the function of the tribunal is not confined to administration of justice ..... of the matters referred for adjudication to the tribunal the orderdoes not come within section 2 (b) of the act and the tribunal had no jurisdiction to make that order. in 'yugal kishore sinha v. the state of bihar', (1950) 2 labour l j 539, an identical contention was raised. in repelling the contention meredith, c.j., .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H235
..... was worth less than rs. 20,000/-, it denied compensation to owners of rural buildings of lesser value, such owners had already mentioned, the displaced persons (claims) act, 1950, was primarily intended to invite claims to urban immovable property, but since it was found that certain rural houses and buildings had been left out of consideration when ..... , jaipur, air 1959 raj 102, which does support his contention. (8) going back to the notification and reading it in the context of the displaced persons (claims) act, 1950, the meaning to my mind seems clear enough, and it is that if a person owns a building in a non-urban area worth rs. 20,000/- or more ..... a village in pakistan. on migration to india, he was allotted more than 4 standard acres of land. after, however, the displaced persons (claims) act, 1950, was enacted, he put in a separate claim for the village houses. the act in question was designed primarily for the verification of claims concerning urban property, and section 2 of that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H21
..... the bank had voluntarily surrendered its security.8. as regards limitation generally the plaintiff sought to take advantage of the provisions of the ordinance and the subsequent act of 1950, which in the case of a bank in liquidation excluded a period of one year preceding the bank's going into liquidation from the ordinary period of ..... was to make high court generally the forum for deciding disputes between a bank in liquidation and other parties, the suit was transferred to this court early in 1950.3. the defendants denied liability on various grounds giving rise to the following issues:--(1) whether defendants nos. 1 and 2 executed the pronote in suit in ..... and aston j. held that the payment of interest by the debtor within limitation does not give fresh starting point for limitation against the surety under section 20, limitation act even, in the absence of a prohibition by the surety against the payment of interest by the debtor on his account.similarly in -- 'brojendro kissore roy v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H366
..... and which is in reality and essence being assailed in these proceedings under article 226, the right given by section 24 of the administration of evacueeproperty act, xxxi of 1950, is very wide and comprehensive. like all courts of appeal exercising general jurisdiction in civil cases the custodian general possesses under this section full power and ..... two documents figured only as pieces of evidence but which by themselves did not prove an oral transfer. holding the decision of the custodian general dated 31st may, 1950, to be correct according to the pleadings and the case set up before the department, the writ petition was dismissed.5. on appeal before us, mr. ..... however, disallowed with the observation that the fact that there was no completed transaction did not entitle the claimant to have the order dated 31st of may, 1950, reviewed. the further representation to the government of india brought no better luck to the appellant. it is in these circumstances that a writ petition was filed .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H375; [1960(1)FLR381]; (1961)ILLJ627P& H
..... is that the particular section was amended by virtue of the industrial disputes (appellate tribunal) act xlviii of 1950) and that act, that is, the amending act xlviii of 1950 was itself repealed by the industrial disputes (amendment and miscellaneous provisions) act (xxxvi of 1956) which came into force on the 1st september 1956, and in this ..... management of ranipur colliery v. bhuban singh, air 1959 sc 833, and the same view was taken. wanchoo j. observed:'section 33 of the act (industrial disputes act), as already stated, imposes a ban on the employer, thus preventing him from dismissing an employee till the permission of the tribunal is obtained. ..... manner the amendment ceased to exist, and we must go back to the law as it was before the amendment. there is no force in this contention, as the repeal of an amending act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H21
..... the purposes of decision of this case.5. mr. grover has taken us through the scheme of the act. section 2(i) of the administration of evacuee property act, 1950, hereinafter termed the act, defines property to mean 'property of any kind' including any right or interest in such property.6. section 4 provides ..... was not' evacuee property. it was further pleaded that according to sections 13 and 48 of the evacuee property act, 1950, the amount was due and recoverable and that the custodian was empowered under the act to determine the amount and to recover the same as arrears of land revenue. other pleas are not necessary for ..... that the provisions of this act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H163
..... .the custodian in fact contested the jurisdiction af the court under the provisions of section 43 of ordinance 27 of 1949, which is the same as section 46 of the act of 1950, and an issue was framed on this point, as well as issues regarding the validity of the sale and the nature pf the property.4. on 10-7 ..... with the terms of the compromise and a sum of rs. 26,000/- was deposited in the court by the petitioners on 14-8-1950 within the specified period.6. thereafter the petitioners applied to the custodian to act on the decree and in a considered order, dated 16-1-1952, mr. r.c. gulati, assistant custodian judicial, accepted the application.7 ..... court has been held to be a nullity and the property in dispute held to be evacuee property. the relevant portion of section 46 of the act reads--'save as otherwise expressly provided in this act, no civil or revenue court shall have jurisdiction--(a) to entertain or adjudicate upon any question whether any property or any right to or interest in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1955P& H215
..... in the replication also the position taken in the plaint in regard to the sale of expectancy is reiterated. plaintiff's advocate made a statement on 21-12-1950 where he said:'the transfer of one-half share of the house in dispute was made by jiwan singh son of sundar singh in favour of jiwan singh adoptive ..... to -- 'harnath kaur v. indar bahadur singh', air 1922 pc 403 (n), their lordships posed the question (at p. 192) whether, either under the transfer of property act or under the hindu law applying to purchases of expectations of inheritances, there is any ground upon which these contracts can besupported, and their lordships answered this question in the ..... of thedaughter to succeed. the matter was referred to arbitration, but before the arbitration took place a compromise was entered into in which the husband of the daughter acted for her and her infant son the effect of which was to completely extinguished the reversionary interest of the minor in regard to his grandfather's estate, and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H526
..... who is not subject to any of the disqualification's mentioned in section 16 of the representation of the people act, 1950.' the other amendments worth mentioning concern sections 33 and 36. in section 33, before the amended act sub-section (6) ran thus-- 'if at the time of the presentation of the nomination paper the returning ..... reference to the time of scrutiny indicates that parliament was attaching considerable importance to the stage of scrutiny and deliberately made a change in the language of the act for that purpose. similarly, there have been changes made in section 36, the language of sub-section (4) concerning technical defects in a nomination paper having ..... could not have rejected her nomination paper, as indeed he did not, and his order cannot be called improper. the question, therefore, is whether the returning officer acted improperly in accepting the appellant's nomination paper. this, of course, he did on the 1st february, 1957. it is clear that he could have rejected the .....
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