Court : Allahabad
Reported in : AIR1964All504
..... to the high court within the meaning of section 115 civil procedure code. i would, therefore, answer the question referred as follows:-'the tribunal constituted under the displaced persons (debts adjustment), act, 1951 (lxx of 1951) is a court subordinate to the high court within the meaning of section 115, civil procedure code and a revision lies ..... the affirmative.c.c. mathur, j.60. the following question has been referred for the opinion of this full bench:'is the tribunal constituted under the displaced persons (debts adjustment) act, 1951 (lxx of 1951) a court subordinate to the high court within the meaning of section 115, civil procedure code? does a revision under section ..... that order and the point that has been formulated for the decision of the full bench is as follows:-'is the tribunal constituted under the displaced persons (debts adjustment) act, no. 70 of 1951, a court subordinate to the high court within the meaning oe section 115 civil procedure code. does a revision under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All68
..... we think we are not called upon to determine such a question, because here there is not an appeal before us under section 40 of the displaced persons (debts adjustment) act from a decision of the tribunal. it is a revision against an order of the munsif who acted illegally and with material irregularity after assuming ..... liabilities which although based upon an existing obligation are not pecuniary in their nature. in that case k filed an application under section 10 of the displaced persons (debts adjustment) act of 1951 before the tribunal constituted under the act, claiming partnership account from m and others who were his partners on the basis of ..... application; (d) .....' 17. from the provisions aforesaid it is clear that upon the presentation of an application to a tribunal under section 5 of the displaced persons (debts adjustment) act of 1951 two consequences follow immediately and automatically. one of these is that no civil court can entertain any new suit or other proceedings for .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All72
..... the specific purpose of giving jurisdiction to a registrar for registering a particular document, may not mutatis mutand is apply for interpreting the words used in section 5 of the displaced persons (debts adjustment) act and of the relevant sections of c. p. code which confer a jurisdiction on a court to entertain and decide a cause which affects the rights of other parties ..... 20th august 1956 returning the application of the petitioner appellant filed under section 5 of the displaced persons (debts adjustment) act, 1951, act no. 70 of 1951, for presentation to the proper court.2. the appellant, mulak raj, claiming himself to be a displaced debtor within the meaning of displaced persons (debts adjustment) act 1951, hereinafter referred to as the act, filed an application under section 5 of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All247
..... .s. mathur, j. 1. this is a revision under section 115 c. p. c. by bhim sen against the order of the tribunal under the displaced persons (debts adjustment) act (to be referred hereinafter as the act) allowing an application under section 13 of the act of ram lal, who was represented after his death by ..... three parts. the first two, namely, clauses (a) and (b) apply to a debt due from a displaced person, i, e. to a displaced debtor; while clause (c) to a displaced creditor. the present is a case of displaced creditor and hence clause (c) shall be applicable. therefore, 'debt' means: 'any pecuniary liability, whether payablepresently or in future, under a decree or ..... first object of the act was to give relief to the debtors from amongst the class of displaced persons who were divided in two broad divisions, and the second object was to facilitate the speedy recovery of debts due to such displaced persons. it was also laid down that the provision of the act under which an application could be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All216
..... on 20th february 1952 it was further pleaded by the defendants that in any case they were protected under the provisions of section 17(1)(b) of the displaced persons (debts adjustment) act, 1951. this act came into operation in uttar pradesh on the 10th of december 1951, while the instant suit had been instituted on the 4th of ..... subsequent change of the law had to be taken into account by the appellate court. it was, therefore, observed by the punjab high court that although the dislaced persons (debts adjustment) act, 1951, which the appellant in that case was taking advantage or, had come into force after the decree of the trial court, yet he was entitled ..... debtors. therefore, the creditor-bank is no longer entitled to recover from the defendants the secured debt or any part thereof as envisaged by section 17(1)(b) of the act. it has been fully proved that the defendants are displaced persons now living in ghaziabad and the defendants had pledged the goods with the plaintiff-bank before .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All364
..... . this business was carried on by the firm, which is the appellant before us, until partition of the country in 1947, when the three brothers migrated to dehradun.3. the displaced persons (debts adjustment) act, 1951 was brought into force in the state of utter pradesh on and from december 10, 1951, and on december, 9, 1952 an application was made by the firm ..... pathak, j.1. these are two appeals arising out of proceedings under the displaced persons (debts adjustment) act, 1951.2. three brothers, chiranjit lal gambir, kishan dev gambir and manmohan gambir constituted a partnership firm, m/s. dewan chand and sons, and carried on the business of ..... coma into force could be scaled down under the provisions of the act. section 2(6) defines a 'debt'for the purposes of the act, and according to the definition, in the case of a displaced person who has now left or has been displaced from his place of residence in any area now forming part of west pakistan the liability must have been .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All672
..... order for the purposes of the court-fees act. i think that his contention is correct and that it is necessary to look to the provisions of the displaced persons (debts adjustment) act, 1951, to find out whether the present decision of the tribunal does or does not amount to a decree.section 13 is followed by section ..... harish chandra, j.1. this is an appeal from the decision of a tribunal under the displaced persons(debts adjustment) act, 1951, on an application made by a displaced creditor under section 13 of the act.2. there were four respondents and notices were issued to them. three of them did not appear. ..... which provides the procedure with respect to claims by displaced creditors against persons who are not displaced debtors, does not contemplate the rejection of an application. the rejection of an application in certain cases is, in fact, provided in section 6 with respect to applications by displaceddebtors for adjustment of debts. such rejection of an application may amount to an .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All378
..... maintainable and must be dismissed.ramabhadban, j.3. these two revision petitions arise out of two applications made by lal chand jetly (petitioner) to the tribunal functioning under the displaced persons (debts adjustment) act of 1951 (act 70 of 51) against the respondents, bharat nidhi ltd., and bharat bank employees provident fund, respectively. in one case he sought recovery of a ..... desai, c.j.1. i agree with my brother ramabhadran that the tribunal established under the displaced persons (debts adjustment) act (no. 70 of 1951) is not a court subordinate to this court within the meaning of section 115, c. p. c. inbraj nandan sinha v. jyoti narain ..... .10. parkash textiles mills ltd v. messrs. mani lal . there kapur, j. (as he then was) dissenting from the majority view observed:'the tribunal under the adjustment act is not a court but merely a tribunal with many trappings of a court, deciding cases, not according to application of legal principles to ascertained facts but by considerations .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All421
..... law.2-a. on the pleadings of the parties the tribunal framed the necessary issues which were as follows:--(1) (a) is the respondent a displaced person within the meaning of displaced persons (debts adjustment) act 1951 if so, is the suit not maintainable in this court as provided under section 10 ?(b) what is the effect of section 18 ..... 1951 which repealed the displaced persons (institution of suits) act 1948 and by its section 36 the period of limitation was extended by one year for ..... no. xlvii of 1948 as amended by the displaced persons (institution of suits and legal proceedings) amendment act 1950, act no. xlviii of 1950, and the suit could have been filed by the applicant up to 31st day of march, 1952, but long before the said date the displaced persons (debts adjustment) act 1951 came into force on 9-11- .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All52
..... plaintiff cannot file a suit at his own place of residence unless a part of the cause of action has also arisen there. in claims to which the displaced persons (debts adjustment) act, 1951, applies the cause of action must have arisen in pakistan. the venue in such cases cannot therefore be determined on the basis of the ..... had been filed in a wrong court it should have been returned tohim for presentation to a proper court.4. section 13 of the displaced persons (debts adjustment) act, 1951 provides :--'at any time within one year after the date on which this act comes into force in any local area, any ..... this is an appeal by a displaced creditor under the displaced persons (debts adjustment) act, 1951. the appellant was a displaced person who was residing at mathura. he alleged that a debt was due to him from firm bishun sahai om prakash which belonged to two persons jagannath and his son om prakash. alleging that the debtors were not displaced persons, the appellant filed a claim against .....
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