Court : Punjab and Haryana
Reported in : AIR1962P& H170; [1962]32CompCas994(P& H)
..... .(10) learned counsel for the petitioner then submitted that in ram lal harnam dass's case, (s) air 1957 punj 159, it was wrongly conceded that these proceedings were not a 'suit' and s. 69(2) of the indian partnership act had no application to the same. he argued that the respondent-firm, therefore, could not file the present application ..... or (b) to any suit or claim of set-off not exceeding one hundred rupees in value which, in the presidency-towns, is not of a kind specified in section 19 of the presidency small cause courts act, 1882, or, outside the presidency-towns, is not of ..... the provincial insolvency act, 1920, to realise the property of an insolvency partner. (4) this section shall not apply-- (a) to firms or to partners in firms which have no place of business in the state, or whose places of business in the states are situated in areas to which, by notification under se. 55, this chapter does not apply, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H225
..... be more authoritatively settled by a larger bench without avoidable delay. (9) i accordingly direct that the papers be laid before my lord the chief justice for suitable orders under chapter 3-b, rule i, clause (xx) proviso (b) read with clause (xxxviii), high court rules and orders. vol. v. [the case was then referred to a division bench ..... by shri sibal, the learned counsel for the petitioners, that the learned deputy secretary to the government of india who disposed of the petition under s. 33 of the compensation act (act no. 44 of 1956) has not gone into all the grounds taken in the petition and that, therefore, the order deserves to be quashed. specific reliance has been ..... to an unreported judgment by gosain, j. in ragha singh v. vhanan sing, r. s. a. no. 158 of 1957(punj) in which a tenure known as 'harp conditions' in sind (now in pakistan) governed by bombay act 3 of 1988 was considered to be somewhat analogous to the one on which occupancy rights were held by certain persons in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H429
..... such manner as may be provided for by or under any law made by the appropriate legilature'. and further that section 80 in chapter ii of part vi, which is headed 'disputes regarding elections', in act 43 of 1951 says that-'no election shall be called in question except by an election petition prescribed in accordance with the provisions ..... , as to who is the elector who has written them. reference in this connection may be made to rule 9 of the punjab legislative assembly (allowances of members) rules 1957. rule 9 is in these terms;-- '9. bills for compensatory, travelling, halting and incidental allowances shall be prepared in duplicate on me forms set out in schedules i ..... are liable to dismissal under sub-section (3) or section 90 because of non-compliance of sub-section (3) or section 81 of the representation of the people act, 1951 (act 43 of 1951). 5. the last question was considered as one of the preliminary questions by the learned tribunal, and disposed or by its order of november 9, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H265
..... , posting promotion and grant of leave in respect of the entire subordinate judiciary including the district judges'it was because of that memorandum that the drafting committee inserted chapter vi in pan vi of the constitution, consisting of articles 233 to 237, dealing with the subordinate courts. the supreme court in nrioendra nath bag-chi's case ..... of dismissal or removal, if so recommended by the high court. reference in this connection was first made to mohammad ghouse v. the state of andhra, air 1957 sc 246. in this case an inquiry was held by one- of the judges of the high court against the appellant who was a subordinate judge. the inouirv ..... before the supreme court as appears from the following observations-'however, we do not pursue this question further since, in the present case. government has agreed with and acted on the high court's 'recommendation' and moreover, the methodology of conflict resolution, when the view of the high court is unpalatable to the executive, falls to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H310
..... legislative background of section 33c complete we may refer to the fact that by the amendment act no. 18 of 1957, two more provisions were added to chapter va which are numbered as section 25ff and section 25 fff. this act came into force on june 6, 1957.'the dispute before the supreme court in the set of appeals (civil appeals nos. 823 ..... enacted came into force on may 20, 1950. in 1953, the legislature took a further step by providing for additional rights to the workmen by adding chapter va to the act, and passed an amending act no. 43 of 1953. chapter va deals with the workmen's claims in cases of lay-off and retrenchment. section 25(1) which was enacted in this ..... of documents, and every such authority shall be deemed to be a civil court for all the purposes of section 195 and chapter xxxv of the code of criminal procedure, 1898.'5. section 15 of the 1936 act may also be seen at this stage in order to have complete picture of the relevant statutory provisions:-'(1) the state government .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H185
..... question before the revenue authorities was whether the appellants were in self-cultivation of those four field numbers at the commencement of the act, that is to say, on april 15, 1833? in the punjab land records manual, chapter ix, instruction 9. 1 provides, in the absence of any special order, that inspection of each harvest shall commence in the case ..... parties to their ordinary legal remedies, if any.32. the allahabad high court also holds similar views on this question. in mongey v. board of revenue, u.p, air 1957 all 4? (division bench) it was held that a writ petition under article 226 of the constitution should be filed as quickly, after the delivery of judgment of the inferior ..... lies to quash the decision.'this was followed by chakravartti, c. j. (das gupta j. agreeing) in s.k. dutt v. anglo-india jute mills co., ltd., (s) air 1957 ca! 514. in abanindra kumar maity v. a. k. majumdar, (s) air 1956 cal 273, the same learned chief justice said--'it is true that the face of the order .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H115
..... singular, and argued that any petition which questions the election of more than one panch cannot be said to have been presented in accordance with the provisions of chapter 2-a of the act, and must, therefore, be dismissed by the precribed authority on that short ground. the emphasis was on the singular and not the plural expression having been used ..... the judgments of their lordships of the supreme court in vashist narain sharma v. dev chandra, air 1954 sc 513, and in surendra nath khosla v s. dalip singh, air 1957 sc 242. 12a. the single bench judgment of this court (suri, j. as he then was) in parbhu v. illaqa magistrate (prescribed authority). mohindergarh, 1973 pun lj 105, was ..... the law laid down by the supreme court in vashist narain sharma's case air 1954 sc 513 and surendra nath khosla's case air 1957 sc 242 (supra) read with section 13-o of the act, the election of all the six elected panches had to be set aside by the prescribed authority on coming to the conclusion that the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H200
..... writing (hereinafter called the dissolution deed) and by mutual agreement it was settled that the appellant would take all the capital, stocks, effects and good will including copyright and one-half of the office furniture, and would be the sole proprietor of the said business. in consideration thereof, he promised to pay rs. 5,000/- ..... exhibit d. w. 7/la) which indicated liabilities and assets of the partnership and included the statement of account relating to the year commencing from april 1, 1957 and ending on march 31, 1958, and he believed correctness of the same on the assurance given by the respondent; and could not verify the accuracy of ..... that she used to consult her husband (the respondent) whenever she could not understand any word. therefore, relying on section 16(a) of the indian partnership act (hereinafter called the act), and tbe judgment reported in abdul razaak v. mashiruddin ahmad, air 1959 gal 660, the learned counsel for the appellant urged that the income derived by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H416; [1961(2)FLR298]; (1961)ILLJ734P& H
..... authority of the central government'.10. in deciding the matter against the cantonment boards the learned tribunal relied partly on a letter, dated the 7th of march 1957 issued by the central ministry of defence and partly on the reported cases, carlsbad mineral water manufacturing company limited v. p. k. sarkar, air 1952 ..... is no doubt that cantonments are created and regulated by the provisions of the cantonments act, (central act, 2 of 1924) and their management is placed in the hands of cantonment boards created under the provisions of chapter iii of the act. such boards are ordinarily to consist of the officer commanding the station and an equal ..... board, kasauli and subathu cantonments, and the cantonment board, dagshai.5. the facts in the first petition are that by notification dated the 14th of september 1957 an industrial dispute between the workmen and the management of the cantonment board, ambala cantonment, was referred to the punjab industrial tribunal at jullundur. the dispute .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H389
..... assistance of another judge for determination of the case and directed that the case be laid before the honourable chief justice for orders under proviso (b), clause (xx), chapter iii-b, high court rules and orders, volume v. the amended petition has thus been placed before us for final disposal.2. it is contended by mr. ..... petitioner had precluded himself by his conduct from getting the relief claimed. it may be mentioned that in the case decided by their lordships of the supreme court : [1957]1scr233 , there was no finding that the officer or the tribunal, before whom the proceedings had taken place, suffered from a patent defect of jurisdiction. the orders ..... any relief. this principle was accepted by their lordships of the supreme court in pannalal binj-raj v. union of india : [1957]1scr233 , where orders made under section 5(7a) of the income-tax act for transfer of certain cases to particular income-tax officers were impugned and the jurisdiction of the income-tax officers to whom the .....
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