Court : Punjab and Haryana
Reported in : AIR1991P& H18
..... the proviso gives the right to the widow of a specified landlord to be brought on the record of the case provided she was dependent upon such specified landlord at the time of his death. ..... of the deceased dev jit has been allowed to be impleaded as legal heir of her deceased husband by placing reliance upon the proviso to section 13-a of the act which clearly specifies that the widow of the deceased-landlord dependent upon her husband is entitled to make an application.2. ..... this argument has been successfully countered by the learned counsel for the respondent by reading from the impugned order that an affidavit was filed to the effect that kamla devi respondent was dependent upon her deceased husband. ..... evidence on the point whether shrimati kamla devi is the widow of devjit or not particularly when an affidavit has been filed by kamla devi respondent that she was the widow of devi and that she was dependent upon her deceased husband.4. ..... the learned counsel for the petitioner has further argued that there is no evidence on the record of the case that kamla devi at the time of death of dev jit was dependent upon him. ..... shrimati kamla devi filed an application for being impleaded as legal heir of her deceased husband dev jit on the groun+d that she was the widow of dev jit and that she was dependent upon him. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H16
..... clearly, therefore, the whole economics of the mills will depend upon the rate at which the oleo-resin is supplied by the government. ..... the total resin yield has been estimated to be about 2,00,000 maunds, though it varies within suitable limits every year depending on season and the period of tapping. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H236
..... the considerations which will weigh with the commissioner of income-tax or the central board of revenue in transferring the cases of such assessees either to the area 'x' or the area 'y' will depend upon the particular circumstances of each case and no hard and fast rule can be laid down for determining whether the particular case should be transferred at all or to an income-tax officer of a particular area. ..... whether the exercise of a power conferred should be made in accordance with any of the principles of natural justice or not depends upon the express words of the provision conferring the power, the nature of the power conferred, the purpose for which it is conferred, and the effect of the exercise of that power. ..... it is not necessary to refer to various decided cases on the point because it will depend on the facts of each case as to what kind of oral hearing should be granted if one is required by the licensee. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H290
..... the solitary question of fact on which, therefore, the success or failure of the plaintiff has now to depend is whether the alleged offending marks used by the respondents in respect of their cotton thread nalkis, and/or wrappers do or do not so nearly resemble the registered trade-marks of the plaintiff as to receive or cause confusion in the course of the ..... it is settled law that the identification of an essential feature depends substantially on the court's own judgment and partly on the burden of the evidence that is available on the record of the case before it.10. ..... the identification of an essential feature depends partly on the court's own judgment and party on the burden of the evidence that is placed before it. ..... this in turn would depend upon the answer to the question whether the respondents have copied any of the essential features of the registered trade-marks of the plaintiff. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1993)ACC650; 1993ACJ1029; AIR1993P& H257; (1993)103PLR757
..... matter herein is to evenly balance, as if in a golden scale, the financial loss to the dependents on one side and financial gain or benefit directly arising from the death of the victim on the other ..... in this balancing operation the court has to be on its guard that on one hand the dependants should not be put to any financial loss whatsoever and on the other that the death of the victim and the resultant grant of damages should not serve as ..... he has also stated that the quntum of compensation on the basis of the dependency determined and the multiplier utilised was perfectly justified as the claimants were more than 50 years old at the time when the accident took place and that in any eventuality, ..... (supra), the full bench considered the matter and held that in determining the compensation to be given to a claimant, various factors had to be taken into account including (he pecuniary benefits which might accrue to the dependents on account of the death of the persons concerned. ..... singh's case, (air 1983 punj & har 94) (fb) (supra) it was observed thus :'again one must recall the well known principle of the assessment of damages generally and equally for the dependents of the victim of an automobile accident. ..... the dependents, even otherwise, would have had the benefit of these ..... the other extreme be possibly said that the exclusion of the financial benefits, like insurance, provident fund, family pension or gratuity for computing compensation would amount to a windfall for the dependents. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1955P& H223
..... 'finding as i do, that the fee payable on the memorandum of appeal does not depend on the fee leviable on the plaint i do not deem it necessary to examine the conflict between the high courts at allahabad and calcutta on the one side and the high court at madras on the other side as regards ..... but it is said that where the court-fee for an appeal is made to depend on the value of the plaint in the case and there is a change in the law of court fee subsequent to the institution of the suit and before the appeal is filed, the value of the plaint for purposes of determining ..... , air 1933 all 20 (d) and air 1924 cal 881 (e) do not govern the point that arises for decision in the present appeal, for court fee payable on appeal in cases falling under section 7(iv)(c) does not-depend upon the court fee leviable on the plaint. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1986P& H61
..... have ruled that in all suits it is necessary for the plaintiff or the defendant, as the case may be to precisely state the facts on which the claim is founded or is sought to be depended in spite of the fact that the forms of the plaints and the written statement have been detailed in appendex attached with the c.p.c. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1975)IILLJ19P& H
..... give themselves jurisdiction by wrongly deciding certain facts to exist, because the legislature save them jurisdiction to determine all the facts, including the existence of the preliminary facts on which the further exercise of their jurisdication depends; and if they were given jurisdiction so to decide, without any appeal being given, there is no appeal from such exercise of their jurisdiction.now, the labour court has been given the jurisdiction to determine whether a given .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H341
..... it is contended that the general scheme of section 17 of the act was to make such a sale voidable and not void.this will depend on the mandatory or directory nature of the inhabitation against sale of evacuee property in execution proceedings contained in the first part of section 17(1). ..... (5) the separabiltity of the valid and invalid provisions of a statute does not depend on whether the law is enacted in the same section or different sections; (vide cooley's constitution) limitations, vol. i, pp. ..... chamarbaugwalla's case 1957, sca 912: (s) air 1957 sc 628)(supra) their lordships applied the principles referred to before in the matter of prize competitions and observed that competitions in which success depended to a substantial extent on skill and competitions in which it did not so depend formed two distinct and separate categories. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1972]29STC232(P& H)
..... what is a reasonable opportunity depends on the facts and circumstances of each case and no hard and fast rule can be laid down. ..... this position will depend upon the mode of final disposal of the paddy/rice. ..... the mere fact that the act contains no provision for returning money wrongly imposed as penalty does not warrant the assumption that action under section 10 is dependent on section 11. .....
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