Judgment Search Results Home > Cases Phrase: continuance of legal proceedings act 1948 Court: punjab and haryana Page 1 of about 733 results (0.148 seconds)

Lahori Mal Puri Vs. Pioneer Medical Stores

Court : Punjab and Haryana

Reported in : AIR1954P& H203

..... section 36 of this act declared that any suit or other legal proceeding in respect whereof the period of limitation was extended by section 8, displaced persons (institution of suits) act, 1948, may be instituted at any time within one year, from the commencement of this act, that is, within one year from 10-12-1951. ..... these enactments make it quite clear that any suit which satisfies the conditions set out in section 4 of the displaced persons (institution of suits) act, 1948, could be instituted in court at any time upto 10-12-1952. ..... on 4-9-1948 the central legislature enacted a measure known as the displaced persons (institution of suits) act (act 47 of 1948). ..... by the amending act the parent act was to continue in force up to 31-3-1952. ..... on 8-12-1950, parliament amended the act of 1948 by act no. ..... on 30-5-1952 the petitioner made an application under section 13, displaced persons (debts adjustment) act, 1951, & this application was dismissed by the trial court on the ground that it was presented to the court after the period of limitation had expired. 3. ..... notwithstanding anything contained in section 3 of the indian limitation act, 1908 (9 of 1908), or any special or local law, any suit instituted in pursuance of section 4 of this act may be admitted after the period of limitation prescribed therefor, when the plaintiff satisfies the court that he was unable to institute the suit within such period owing to causes connected with his being a displaced .....

M.U.S. Marketing Pvt. Ltd. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : (2008)12VST123(P& H)

..... or liability acquired, accrued or incurred under the repealed act; or(d) affect any penalty, forfeiture or punishment incurred or inflicted in respect of any offence or violation committed under the provisions of the repealed act; or(e) affect any investigation, enquiry, assessment, proceeding, any other legal proceeding or remedy instituted, continued or enforced under the repealed act,and any such penalty, forfeiture or punishment or any proceeding or remedy instituted, continued, or enforced under the repealed act, shall be deemed to be instituted, continued or enforced under the corresponding provisions of this ..... whether the penalty under section 14b of the punjab general sales tax act, 1948 is imposable on the facts and in the circumstances of the case ..... to the learned counsel, the case relates to the supply order dated may 4, 2000 when the provisions of the punjab general sales tax act, 1948 were applicable whereas the appeal has been filed under the provisions of the punjab value added tax act, 2005 (in short, 'the 2005 act'). ..... of the above, it would be clear that section 92 of the 2005 act repealed the remedy of filing the reference which was available under the 1948 act and instead conferred right of filing the appeal or revision on a party by operation of section 68 of the said act on a substantial question of law, to the high court. ..... effect from the date of coming into force of this act, the punjab general sales tax act, 1948 (punjab act 46 of 1948), shall stand repealed. .....

Harindar Singh Vs. the State of Punjab

Court : Punjab and Haryana

Reported in : AIR1957P& H209

..... justify the court in holding that compensation in respect of properties acquired under the act of 1948 would be assessed and paid in accordance with the provisions of the act of 1953 and that the right to payment of compensation is a vested right of which a person cannot be deprived unless the legislature has made its intention plain either by the use of express language or by necessary implication.he also admits that a proceeding in regard to payment of compensation was actually pending before an arbitrator at the ..... repealed and re-enacted with or without modification, then, unless if is otherwise expressly provided any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the repealed act, shall, so far as it is not inconsistent with the provisions re-enacted continue in force, and be deemed to have been made or issued under the provisions so enacted, unless and until it is superseded by an appointment, notification, order, scheme, rule, form or bye-law, made or issued under the ..... . a curative or remedial measure is necessarily refrospective in character and may be enacted to cure or validafe errors or irregularities in legal or administrative proceedings ..... . there is nothing in the act of 1953 which can be construed to imply that it was to affect anv suits or other legal proceedings which were actually pending when it came into force .....

Date of Decision:28.4.2014 Vs. State of Punjab and Others

Court : Punjab and Haryana

..... since the bachat land was not partitioned prior to insertion of section 42a in the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, the petitioner is an unauthorized occupant of such land reserved for common purposes during consolidation and has been rightly ordered to be evicted. ..... measuring 107 kanal 19 marla as detailed in the heading of the application was left for common purpose of the village after pro-rata cut from the holdings of the propertiors of the village during the consolidation proceedings and was shown in the name of jumla mushtarka malkan deegar haqdarn in the revenue record as per rule 16 of the east punjab holding (consolidatijon & prevention of fragmentation) rules, 1964. ..... in view of the said fact, the land was found to be reserved for common purposes during consolidation proceedings and therefore, the petitioner was not found to be possessing right, title or interest to continue with the possession. ..... therefore, this land cannot legally vest in the gram panchayat according top the various rulings of the punjab & haryana high courts. ..... the legality of such provision has been upheld by division bench of this court in mahatam singh and others versus state of punjab and others.2011(4) rcr (civil) 499. ..... due to the possession of the present petitioner, the panchayat did not receive lease money for the year 1997-98 and 1998-99 and that the petitioner has failed to bring any document regarding his legal possession. .....

Shrimati Lakhwinder Kaur and ors. Vs. Sadar Anjuman Ahmediyya Qadian a ...

Court : Punjab and Haryana

..... . the learned lower appellate court further held that otherwise also under section 12b, the change in name of the society did not affect any rights or obligations of the society or rendered any legal proceeding defective filed by or against the society, and any legal legal proceeding which might have been continued or commenced by or against it, by its former name may be continued or commenced by or against it by its new name.36 ..... . the attempt of the defendant/appellants to get the entry in revenue record set aside by invoking the provisions of section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, failed when the writ petition filed against the order passed by the additional director, consolidation, was accepted, meaning thereby that entry of ownership of plaintiff no ..... . the plaintiff/respondents filed a suit for possession on 22.1.1980, whereas on 6.9.1982, the additional director, exercising the powers under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 ordered the deletion of name of the society as owner and change it in the name of central government, on the petition filed by the appellants.86 ..... the learned lower appellate court also took note of the fact that sons of balbir singh had instituted a petition under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 against sadar anjuman ahmediyya qadian, on the allegations that old khasra nos .....

Sialkot Silk Stores Vs. Chief Commissioner, Union Territory

Court : Punjab and Haryana

Reported in : [1969]23STC51(P& H)

..... it has been one of the contentions on the side of the petitioner that in view of that provision it was the central government which could proceed to issue notification under sub-section (2) of section 6 of punjab act 46 of 1948 and not the chief commissioner of the union territory of chandigarh, but to that the complete reply in the return of the respondent is that by notification no. s.o. ..... in the union territory of chandigarh, in view of section 88 of the reorganisation act, punjab act 46 of 1948 continues to be the law in force. ..... after the second notification was issued by the chief commissioner, union territory of chandigarh, under sub-section (2) of section 6 of punjab act '-'6 of 1948, amending item 30 in schedule b to that act, in the matter of consideration of the validity and legality or otherwise of this last-mentioned notification, the earlier notification by the 'existing state of punjab' giving its intention to amend item 30 of schedule b to that act, comes in for consideration. ..... it is the legality and constitutional vires of this last-mentioned notification issued by the chief commissioner of the union territory of chandigarh that is the subject of challenge in this petition under articles 226 and 227 of the constitution by the petitioner, .....

Punjab Co-operative Bank Ltd. Vs. L. Naranjan Dass Budwar

Court : Punjab and Haryana

Reported in : AIR1961P& H369

..... in view of the provisions of section 44a, civil procedure code, after the obstacle was removed by the passing of the displaced persons (legal proceedings) act.31. ..... of the displaced persons (legal proceedings) act no. ..... after the passing of the displaced persons (legal proceedings) act, no. ..... the court of district judge, ferozepur, on 16th of may, 1950, for execution of the decree under section 7 of the displaced persons (legal proceedings) act, no. ..... of august, 1947, by any court situated in an area now forming part of pakistan in favour of a displaced person or in favour of any 'other person who had, before and after the said date, resided in, and continued to re-side in an area now forming part of india, were made executable on application made by the decree-holder as prescribed by order 21, rule 11 (2), civil procedure code, by any court within local limits of whose jurisdiction ..... - of, the name and on behalf of the said bank, all debts, advances and claim due to the said bank, he shall have further the power to take and use all lawful proceedings and means for recovering and receiving the said debts and advances and also to commence and prosecute and to defend at law all actions, suits, claims, demands and disputes and to refer to ..... that the plaintiff-company which had its administrative office at delhi, was a 'displaced per-son' within section 3 of the displaced persons (institution of suits) act no, 47 of 1948, and was treated as a resident of delhi. ..... 1948 ..... october, 1948, and ..... 1948 .....

Criminal Misc. M No.7874 of 2011 (Oandm) Vs. Provident Fund Inspector

Court : Punjab and Haryana

..... (6)where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is criminal misc. ..... as under:- employers'' means- (i)in relation to an establishment which is a factory, the owner or occupier of the factory, including the agent of such owner or occupier, the legal representative of a deceased owner or occupier and, where a person has been named as a manger of the factory under clause (f) of sub-section (1) of section 7 of the factories act, 1948 (63 of 1948, the person so named; and (ii) in relation to any other establishment, the person who, or the authority which, has the ultimate control over the affairs ..... hence, the continuation of criminal proceedings against the petitioner, who is not the criminal misc. ..... learned counsel for the petitioner has submitted that as per the employees' provident funds and miscellaneous provisions act,1952 (for short `the act').only those partners.who were responsible for the conduct of the business of the establishment, could be impleaded as accused. .....

Delhi Transport (by General Manager) Vs. Dharam Singh

Court : Punjab and Haryana

Reported in : (1962)IILLJ285P& H

..... done by, with or for the central government for any of the purposes of this act before the establishment of the authority, shall be deemed to have bean incurred, entered into or engaged to be done by, with or for the authority: and all suits or other legal proceedings instituted or which might but for the issue of notification under sub-section (1) of section 3 have been instituted by or against the central government may be continued or instituted by or against the authority.4. ..... a suit for declaration to the effect that the order of dismissal passed against him was illegal and wrongful and that he was entitled to be treated as continuing in the service of the defendants, who then were the union of india and the chairman of the delhi road transport authority. ..... on behalf of the appellant was that the portion of the award which held that his dismissal had no effect on his status and that he continued to be a professor was merely consequential and hence a surplus age and therefore, an error disclosed in it would not vitiate the award. ..... is no difference between the position of a statutory authority such as the defendants, and a private employer, and a person who has been dismissed wrongfully by such an authority or by private employer could in no case claim to be continuing in service and can only sue for damages for breach of contract on account of his wrongful dismissal. ..... 1948, the central government took over this company, the agreement between the parties being dated 23 april 1948 .....

Kartar Singh and Co. Vs. Punjab State Electricity Board and ors.

Court : Punjab and Haryana

Reported in : 2008(1)ARBLR616(P& H); (2007)147PLR589

..... shall if reasonably possible, continued during the arbitration proceedings and no payment due or payable by the purchaser/board shall be with-held on account of such proceedings.3. ..... the legislature in its wisdom has not taken any other steps/applications/proceedings or other cause of action into consideration except when a request is made by a party to an agreement to refer any dispute is received by the respondent for the purpose of ..... arbitrator shall be final and binding on the parties under the provisions of the indian arbitration act, 1948 and of the rules thereunder. ..... commencement of arbitral proceedings:unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.from the aforesaid provisions of law, the intention of the legislature is manifestly clear that the embargo for attracting the provisions of limitation is on a date when the arbitral proceedings in a dispute shall commence, on a request for that dispute to be referred to arbitration ..... this petition has been filed under section 11 of the arbitration and conciliation act, 1966, inter alia praying for appointment of sole arbitrator to adjudicate the disputes and differences between the petitioner and the respondents, arisen out of ..... the petitioner served a legal notice dated 17.8.2004 ( annexure p-15) on the respondents and, thereafter, yet another reminder was sent by .....