Court : Punjab and Haryana
Reported in : AIR1960P& H111; [1960]30CompCas219(P& H)
..... thought to the arguments of the learned counsel and to the passages in the judgment of the supreme court, i am inclined to the view that the provisions of the banking companies act override those of the displaced persons (debts adjustment) act in matters of jurisdiction on the principle that later laws prevail over those which precede them (constitutiones tempore posteriores potiores sunt bis quae ipsas prae accesserunt).when courts are confronted with two ..... manchanda, learned counsel for the respondent has referred me to section 6 of the displaced persons (compensation and rehabilitation) act (44 of 1954), and has contended that this provision allow relief to certain banking companies as defined in sub-section (3) (a) and that the hind iran bank (in liquidation) does not fall within the ..... has been made in respect of a banking company, no suit or other legal proceeding, whether civil or criminal, in respect of which the high court has jurisdiction under this act and which is pending in any other court immediately before the commencement of the banking companies (amendment) act, 1953 or the date of the order for the winding up of the banking company, which, over is later, shall be proceeded with except in the manner hereinafter provided. ..... in this case filing of additional power-of-attorney was at all necessary and in any case this omission cannot be visited with a penalty so as to deprive the litigant of all his rights by treating the petition as not having been filed at all. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H223; 1980CriLJ417
..... state of kerala (supra), relates to the constitutional validity of the kerala agriculturists debt relief act, 1970, which was held to be constitutionally valid by the supreme court. ..... mentioned that the carrying on of the business of cycle-rickshaws has not been found to be obnoxious or bad and once this is not done, then the plying of rickshaws will continue to be a legitimate business and as such section 3 of the impugned act, which prohibits the issue of licence to cycle-rickshaw owners for hire purposes, is violative of article 19(1)(g) of the constitution as they are being deprived of carrying on business of owning cycle-rickshaws for purposes of giving on hire to the ..... in this writ petition, the vires of section 3 of the punjab cycle-rickshaw (regulation of licence) act 41 of 1976 (hereinafter referred to as the act), has been challenged being violative of articles 14 and 19(1)(g) of the constitution of india, inasmuch as cycle-rickshaw owners who used to give their cycle-rickshaws on hire for being plied by the hirers have been denied the ..... the six petitioners owned about 26 cycle-rickshaws for which they held licences for plying till 1976-77 and they used to give their cycle-rickshaws on hire for being plied by the hirers. ..... 5 and 6 of the act deal with penalties to be imposed on violation of any of the provisions of the act and forfeiture of the cycle-rickshaw in respect whereof the offence is committed respectively, and the last s. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H310
..... but an argument was raised that the suits were not competent, inasmuch as there were two other acts, namely, the displaced persons (debt adjustment) act 70 of 1951 and the displaced persons (compensation and rehabilitation) act, 1954, under which the plaintiffs could seek their remedies and they could not file suits for this relief in civil courts. ..... the plaintiffs could not get this relief by making an application under any section of the displaced persons (compensation and rehabilitation) act. ..... the learned judge then referred to the provisions of sections 16 and 32 of the displaced persons (debt adjustment) act 70 of 1951. ..... the learned senior subordinate judge relied on section 36 of the displaced persons (compensation and rehabilitation) act, 1954, in support of the finding that the civil court had no jurisdiction to entertain the suit. ..... that section reads:'bar of jurisdiction--save as otherwise provided in this act, no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the central government or any officer or authority appointed under this act is empowered by or under this act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act.'8. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(2002)DMC254
..... on behalf of the appellant submitted that the trial court has made out a case for the plaintiff perhaps by bringing that case under the provisions of sections 21 and 22 of the specific relief act and the said provisions are not applicable to the facts in hand. ..... circumstances, now we have to examine the provisions of section 24 of the specific relief act, 1963 at the first instance, which lays down that the dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiffs right to sue for compensation for the breachof such contract or part, as the case may be, but shall not bar his right to sue for any other relief to which he may be entitled, by reason of ..... has granted the money decree by virtue of the provisions of section 29 of the specific relief act coupled with the provisions of section 65 of the indian contract act and also for the reasons that the case of the plaintiff is covered by the provisions of section 70 of the indian contract act. ..... if it is assumed for the sake of argument that the plaintiff has not been able to prove the agreement of sale dated 10.2.1994, still the suit can be decreed by virtue of the provisions of section 29 of the specific relief act and other provisions which i will now deal. ..... as per sub-section (1) of section 21 of the specific relief act, in a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach, either in addition to, or ..... open debt, or he had given that amount .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)137PLR37
..... in such circumstances even the civil court would not be competent to grant the relief of specific performance, as it would be barred under section 14(i)(a) of the specific relief act, 1963. ..... in normal circumstances, a writ petition under articles 226/227 of the constitution of india, would not be entertained, if the same is filed with the ulterior motive of avoiding the bar to the specific enforcement of a contract contained under section 14(1) of the specific relief act, 1963. ..... under this section, the contract cannot be directed to be specifically enforced which is a contract for the non-performance of which compensation in money is an adequate relief. ..... learned counsel has further submitted that this court cannot grant any relief to the petitioner as it would amount to specific performance of the ..... to the respondents, the joining report dated 23.11.2002 (annexure p3) is a fabricated document and the petitioner deserves to be prosecuted under section 464 and 471 of the indian penal code. ..... , in the present case, we find that the basic facts on which the petitioner claims the relief are well-established on the record. ..... are also unable to agree with the observation of the high court that since the obligations imposed by the contract on the contracting parties come within the purview of the contract act, that would not make the contract statutory. ..... instead of granting any relief, the respondents have arbitrarily cancelled the contract granted to him by orders passed by respondent no. 3. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H502
..... brought to the notice of the learned judge on behalf of the appellants-mortgagees that sometime in 1945, diwan chand plaintiff had made an application for the redemption of the suit land under the redemption of mortgages act, 1913, and that the collector had by his order, dated the 16th july, 1945 dismissed that application and as no suit had been brought to set aside that order within a period of one year, ..... this matter was considered by the trial court and the learned senior sub-ordinate judge and both were satisfied that on the peculiar facts of the case appropriate relief could be granted to the plaintiff by ordering possession to be given to him on payment of the mortgage money in spite of the fact that in form the suit was not one for redemption, and i see no justification ..... be many grounds for the dismissal of a petition under the redemption of mortgages act and the order of dismissal could be made by the collector without going into the merits of the dispute such as, the dismissal of a petition for default of the mortgagor and such an order would have to be set aside before the aggrieved party could obtain any relief through a suit and the suit would, therefore, have to be brought within ..... section 12 of the redemption of mortgages act says--'any party aggrieved by an order made ..... section 12 does not require such a suit to be filed within one year or for that matter within any particular time, so that the suit is left to be governed by the provisions of the limitation act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H470
..... in bhup narain singh's case, air 1934 pc 68, lord thankerton who spoke for the board while dealing with section 27 of the specific relief act at page 70 of the report observed as under:--'in their lordships' opinion, the section lays down a general rule that the original contract may be specitically enforced against a subsequent transferee, but allows an exception to that general rule, not to the transferor, but to the transferee ..... own factsto find out whether the onus which rests on the defendantin view of section 27 of the specific relief act is dischargedor not.7. ..... act; 1882 the appellant's agreement for sale does not of itself create any interest in or charge on the property, their lordships are of opinion that the rule of procedure stated by lord kingsdown is applicable to the present case under section 27(1)(b), specific relief act ..... his plaint the reason why be is making the subsequent purchaser, a party, and how he came to know that the person concerned was a subsequent purchaser, when the exception mentioned in clause (b) of section 27 clearly imputes a notice to the subsequent transferee of the prior contract of sale, it cannot be said, unless the plaintiff admits that the subsequent transferee had no notice, that the onus lies on the ..... under the specific relief act has been taken ..... knowledge the facts as to whether he has paid and whether he had notice of the original contract lie, and the provisions of sections 103 and 106, evidence act, 1872, have a bearing on the question. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H340; [1961]31CompCas338(P& H)
..... court is justified in assuming that the legislature did not intend to go against the ordinary rules of law, unless the language used in the act obliges the court to come to the conclusion that they did so intend, i have not, therefore, been persuaded that there is anything in the definition of 'debt' as contained in sub-section (6) of section 2 of the act which really enlarges the scope of the term as commonly understood in legal parlance, so as to include claims forunliquidated damages for breach of contract ..... sodhi on behalf of the appellant maintained that the distinction made by the learned chief justice in the passages quoted above was unreal, and he pointed out to the provisions of section 73 of the indian contract act, according to which, when a contract has been broken, the party, who suffers by such breach, is entitled to receive from the party who has broken the contract, compensation for any loss or damage caused to him ..... sodhi, learned counsel for the appellant, had to concede that the maintainability of the application must be decided according to the real nature of the transaction and the relief which could be given, that is, compensation, by way of damages for breach of the contract of bailment between the parties. 9. ..... that it is penal even in the case of breach of contract is shown by the words of section 74, contract act, which supports that notion of penalty in the case of suits for compensation for breach of contract. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1955P& H197
..... large r, umber of cases under the punjab relief of indebtedness act and the bengal agricultural debtors act of 1935, taking the punjab act before the introduction of section 20a into , the act, the lahore court had consistently held that it is for the civil court to determine as to whether the debt conciliation board was acting within the scope of its jurisdiction and even after coming into force of section 20a, relief of indebtedness act in 'air 1947 lah 240 (z38)', ..... act (section 34) or the arbitration (protocol and convention) act of 1937 (section 3) there is no provision for application by a party for stay or for an intimation like under section 34, bengal agriculture debtors relief act ..... that the amended section 20, bengal agricultural debtors' relief act, which runs as ..... are pending in the executing court at the time when the notice under section 15 was served on it did not relate to any debt as defined in the act and therefore a civil court had no jurisdiction to stay the proceedings, but i have already held whether the debt exists or has ceased to exist is a matter which must be decided by the tribunal under section 9, and wo were informed at the bar that this objection has been ..... decided that it was a debt and had given relief on that basis, and there was a provision in the last paragraph of section 7(2) of the act that'if any question arises in proceedings under this part of the act, whether a person is a debtor or not, the decision of a debt conciliation board shall be final. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR373
..... 588 (para 11 and 13), it was held that liability of mortgagor to pay money was a debt and provisions of section 30 of the punjab relief of indebtness act were applicable and amount received by the creditor in excess of interest specified under section 3(2)(e) of the usurious loans act, 1918, was liable to be deducted from the mortgage money which could not be more than twice the original advanced ..... submitted that in sampuran singh's case (supra), decisions of the apex court in prithi nath singh and panchanan's cases (supra) which had bearing on interpretation of article 61 of the schedule to the limitation act, were not noticed and therefore, the said decision was distinguishable and decisions of the apex court in prithi nath singh and panchanan's cases (supra), could not be ignored.11. ..... it was observed that debt relief law had effected a revolutionary change in the subsisting mortgagees by making themselves ..... plaintiffs filed an application for redemption before the assistant collector under the provisions of the redemption of mortgage act, 1913 (hereinafter referred to as 1913 act) and the same was dismissed on 1.4.1969 on the ground that complicated question of law was involved ..... assuming right to redeem commenced from the date of mortgage itself, the effect of recovery of the debt from the produce of the land of which possession was given to the appellant-defendant had to be taken into account as held by the apex court in prithi nath singh and panchanan's cases ..... (1976)78 .....
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