Court : Punjab and Haryana
Reported in : AIR1958P& H47; 1958CriLJ215
..... requirements of law relating to the issuance of an initiatory order are not dispensable. on the other hand these are the prerequisites or sine qua non for instituting proceedings under chapter 12 of the code. these requirements of law contained in the first subsection as to the satisfaction on the question of existence of an apprehension of breach of the peace ..... , you cannot derive these provisions by implication from a proviso. when one regards the natural history and object of provisos, and the manner in which they find their way into acts of parliament. i think your lordships would be adopting a very dangerous and- certainly unusual course if you were to import legislation from a proviso wholesale into the body of ..... to proceed under section 146 if he has any doubt as to the possession over the land being with a particular party.28. in the result, criminal revision no. 46of 1957 is allowed and the case remanded to thecourt of magistrate 1st class lor decision according to law.
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H490
..... he has drawn my attention to the provisions of sections 59a and 92 of the transfer of property act. for facility of reference the two sections are reproduced below :59a. 'unless otherwise expressly provided, references in this chapter to mortgagors and mortgagees shall be deemed to include references to persons deriving title from them respectively.' 92 ..... the principle of subrogation in his favour.12. section 92 of the transfer of property act confers right of subrogation upon a person 'other than the mortgagor'. in section 59a of the same act reference to mortgagors and mortgagees in chapter 4 --which includes section 92--is deemed to include reference to persons deriving title from ..... in air 1939 lab 146, bhide j. said :'it is well settled that the principle of lis pendens applies even to court sales; see transfer of property act by mulla, 1933, p. 210. it seems to me therefore that the mortgagees' decree would be binding on the present plaintiffs. the plaintiffs merely purchased the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H50
..... government, by notification in the official gazette, as having jurisdiction in respect of the matters dealt with in this act.9. the relevant provision regarding civil courts in this state are contained in chapter 3 of the punjab courts act vi of 1918. section 18 reads --'besides the courts of small causes established under the provincial small cause courts ..... court of additional district judge. the court of additional district judge, therefore, cannot be considered to be a civil court of original jurisdiction under the hindu marriage act particularly when section 20 lays down that there shall be only one district judge in each district and section 24 provides that the court of district judge shall ..... ' implies something more than a mere brief or flying visit, (vide sardari lal v. mst. kaushalya devi 1956-58 pun lr 562 : ((s) air 1957 punj 84)). in the present case obviously the husband's visitto gurdaspur was a brief and flying visit to bringabout reconciliation and it was riot his purpose to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H172; 1958CriLJ683
..... investigation without the order of a magistrate, but when he does take up the investigation in non-cognizable cases the investigation which he holds becomes an investigation under chapter xiv, provided the requirements of section 155 (3) are complied with. however, section 155 (3) is limited in its application to a police officer ..... matter which arose for consideration, however, was whether the statements could be said to be made in the investigation of a case under chapter xiv, criminal procedure code, and it was held that chapter xiv applies equally to cases, cognizable or non-cognizable; only in non-cognizable cases the police officer is not to take up ..... that power of investigation will not by itself attract the provisions of that chapter. thus a police officer may be authorised to investigate non-cognizable cases under the opium act, but this power of investigation does not necessarily bring the investigation itself under chapter xiv. it will be seen that only a very limited aspect of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1997P& H87
..... in the new age. they must be replaced by new and up-to-date machinery, by declarations, injunctions and actions for negligence.'in taylor v. national assistance board, (1957) 1 all er 183, it has. been held as follows:--'the remedy declaration is available at the present day so as to ensure that a board or other authority set ..... colleges. art. 29(2) is aspecial article and is the controlling provision when the question relates to the admission tocolleges.'54. in mt. choki v. the state, air 1957 raj 10, the validity of provisions contained in section 497 of the code of criminal procedure was upheld, by the rajasthan high court and it has been held :--'the state ..... in view of the specific exclusion of the jurisdiction of the high court under s. 28 of the administrative tribunals act, 1985 read with clause 2(d) of art. 323a of the constitution of india.2) whether regulation v, chapter vii(ii) of punjab university calendar, vol. iii which provides that the principal of a women's college shall .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1999P& H327; (1999)123PLR78
..... contentions raised by mr. gopal subramanium and mr. h.l. sibal. he further contended that the very acquisition of land could be treated as being under chapter vii of the land acquisition act, 1894. he further contended that the writ petitioner having not challenged the industrial policy, it is debarred from challenging the allotment made under the policy. it ..... make the allotment illegal. likewise, mr. sarin had placed reliance on the decisions reported in air 1957 sc 397; air 1957 sc 425 to persuade us to hold that the policy decision regarding the allotment of land having not been challenged, the orders in favour of the appellants were immune ..... . mr. subramaniam had cited the decision reported in air 1987 sc 251 to support the plea of delay. mr. sibal had referred to the decisions in air 1977 sc 965; (1957) 1 all er 608; (1980) 1 all er 529 and in (1989) 4 jt (sc) 267 : (air 1990 sc 1927) to contend that every mistake would not .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H187
..... the definition of 'workman' given in s. 2(s) is subject to the opening part of section, 2, which reads:'in this act, unless there is anything repugnant in the subject or context.'18. chapter v-a of the act makes provision for lay-off and retrenchment compensation. section 25f. for instance, lays down conditions precedent to retrenchment of workmen. it says that ..... liable to be dismissed on that score alone.7. on merits, respondent 2 admitted that the petitioner worked as a temporary money-tester between february 3, 1955 and february 28, 1957, for different duration's after varying intervals. it was emphatically denied that the conditions of service of the bank employees, including the pay-scale, were regulated by the sastry ..... 14-10-1955 75 14-10-1955 75 days.4. from 25-5-1956 to 31-10-1956 160 days.5. from 26-11-1956 to 28-2-1957 101 28-2-1957 101 days.3. it is alleged by the petitioner that in the matter of pay-scales and other conditions of service, the bank employees are governed by the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H303
..... same. gajendragadkar, j., speaking for the division bench in the case reported as vinayak gopal limaye v. laxman kashinath athavale, air 1957 bom 94, held that the question whether section 6(1) of the act applied to any particular lease must be determined on its terms and a building lease in respect of an open plot was not excluded ..... impugned order as contrary to law and unauthorised on the basis of this submission. it has next been submitted that rule 9.1 of the pepsu regulations contained in chapter ix as it existed before the notification of 1960, by which the power to retire compulsorily after 10 years of service was included in the rules, governs the ..... before 25 years of service must be considered to amount to wrongful removal, hit by article 311 of the constitution this contention ignores the notification of 30th september, 1957, by means of which it had become permissible to compulsorily retire a person after 10 years of service. when once it is held that the petitioner had opted .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H173
..... of the federal court under the existing law, and article 136 deals with special leave to appeal by the supreme court and is as under--'notwithstanding anything in this chapter, the supreme court'may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or ..... question that i propose to take up is whether the proceedings were civil proceedings.appeals to the supreme court are dealt with in the constitution of india in chapter iv of part v in articles 132 to 136. article 132 deals with the appellate jurisdiction of the supreme court in appeals from high courts in certain cases ..... the learned advocate-general referred to section 31(1) of the supreme court of judicature (consolidation) act, 1925 (15 and 16 geo. 5, chapter 49), according to which no appeal shall lie except as provided by the criminal appeal act, 1907, or this act, from any judgment of the high court in any criminal cause or matter. asy to what .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)133CTR(P& H)224; [1996]219ITR461(P& H)
..... money and countering tax evasion. the government introduced the taxation laws (amendment) bill, 1971, to implement these recommendations of the wanchoo committee by inserting chapter xx-a in the act. one of the objects of the bill, as per the statement of objects and reasons appended to the bill, was to counter evasion of tax ..... of the immovable property is below rs. 5 lakhs.' 17. to appreciate the contention raised, it is necessary to state that the proceedings under chapter xx-a of the act were initiated against the transferor and the transferee by issuing a notice under section 269d. the competent authority after hearing the objections filed by the ..... the word 'proceedings' shall include the proceedings at the appeal stage as well. their lordships of the supreme court in garikapati veeraya v. n. subbiah choudhry, : [1957]1scr488 held as under (page 553) :'the legal pursuit of a remedy, suit, appeal and second appeal are really but steps in a series of proceedings all connected by .....
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