Court : Punjab and Haryana
Decided on : Sep-10-1973
Reported in : AIR1974P& H190
..... by post provided it is in a prepaid letter addressed to the manager or agent at his office and is registered under part iii of the indian post office act. section 140 is not concerned with the period within which the notices of claim are to be served or preferred but only deals with the modes of service. in case ..... of post, and in proving such service it shall be sufficient to prove that the letter containing the notice or other document was properly addressed and registered.' section 77 of the act provides that unless a claim to a refund or compensation has been preferred in writing to the railway administration within six months from the date of the delivery ..... on 17th august, 1960, and was received after the expiry of six months period. the question which needs consideration in this case is whether a notice under section 77 of the act has to reach the railway administration within six months from the date of the delivery of goods for carriage by railway or has merely to be posted by .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-30-1973
Reported in : AIR1974P& H181
..... code laying down different modes of execution of decrees for joint possession and decrees for permanent injunction. the doctrine of lis pendens enunciated in section 52 of the transfer of property act was also invoked and the controversy about the exact date or time of the erection of the building was found not to make any ..... terminated.11. shri jhanji, the learned counsel for the respondents, then relied upon the doctrine of lis pendens as enunciated in section 52 of the transfer of property act. it may be true that any act committed by the appellant during the pendency of the proceedings cannot affect the respondents' legal rights. the question would still arise ..... of the executing court is that the house was erected after the decision of the regular second appeal. it may, therefore, appear doubtful whether the appellant's act complained of by the respondents were committed pendente lite. i have not been referred to any provision of law or precedent which may seem to justify the courts .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-31-1973
Reported in : AIR1974P& H160
..... may enjoy the security for the mortgage to the best advantage. the decision of the learned trial court on issue no. 1 is against the provisions of section 44 of the transfer of property act and is reversed. 8. for the reasons given above, this appeal is accepted and, setting aside the decree passed by the learned trial court, the case ..... at the time of any nimani by paying the entire mortgage amount, balwant rai tried to eject gurdas rai from the premises by fling petitions under section 13 of the east punjab urban rent restriction act but was unsuccessful. he then filed a suit, out of which the present appeal has arisen, on august 2, 1960, for separate possession of ..... to have separate possession by partition of one-half share of his mortgagor, to which he is entitled under section 44 of the transfer of property act referred to above. it is not a joint family house and, therefore, proviso to section 44 ibid does not apply. it was held by a division bench of the bombay high court in moti .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-01-1973
Reported in : AIR1974P& H188
..... reads as under:-- 'no doubt pindidas himself was bound by the contract which he has entered into and the plaintiff would have been entitled to the benefit of section 15 of the specific relief act which runs thus: 'where a party to a contract is unable to perform the whole of his part of it, and the part which must be left ..... this view, reliance has been placed on choranji lal v. kartar singh, air 1925 lah 130.in that case the joint hindu family consisted of two brothers. the elder brother acting for himself and on behalf on his minor brother sold the property. the minor brother brought a suit for possession of the property on the ground that the sale made ..... . it also observed that if udey chand wanted to sell land belonging to the corparcenary, it was incumbent upon him to get the consent of lachhman das, a hindu father acting as the karta of the family does not have to seek the consent of his sons for making alienations of joint property for necessary purposes. again, it is not necessary .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-23-1973
Reported in : AIR1974P& H199
..... a decree passed against a minor through the gross negligence of his guardian is maintainable and review is not the appropriate remedy.'in the latter authority, it was observed:'although section 462, civil procedure code of 1882 does not require that leave of the court should be expressly recorded as is now required by order 32, rule 7, civil p. c., ..... be split up broadly into two categories. the first one consists of those where the case was of a minor and later on he had said that his guardian had acted due to fraud, collusion and gross negligence and in those circumstances, it was held by the courts that his proper remedy was by a separate suit and not a ..... perhaps may be able to avoid the decree by means of a review application. but, in the instant case, the allegations of the minor were that his previous guardian had acted with gross negligence, in a fraudulent manner and in collusion with the opposite party, when he withdrew the suit filed on his behalf. if such are the allegations, the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-14-1973
Reported in : AIR1974P& H215
..... as under.2. the parties are residents of sunam. jagdish chand was practising there as hakim duly registered as medical practitioner under the pepsu ayurvedic and unani practitioners act, 2008 bk. he claimed to have taken examination conducted by the bhupindera tibbia college, patiala, in 1943 ad and passed the same and obtained diplomas of 'haziq ..... defamatory matter against the plaintiff-respondent and that constituted slander on that day and thereafter. therefore, the period of one year prescribed by article 24 of the act for the said libel commenced form 23rd june, 1959, when the pamphlet had been published and the period of one year prescribed by article 25 for the ..... circumstances and the evidence present on record are read as a whole, there can be no escape from the conclusion that the appellant and abhai kumar had acted without reasonable or probable cause in making application to the board on 2nd december, 1958, and also in publishing the pamphlets referred to above. they do not .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-10-1973
Reported in : AIR1974P& H197
..... the house. according to defendant no. 1, the plaintiff had colluded with defendant no. 2 and that was why she had brought the suit.the plaintiff made an application under section 151 and rules 1 and 2 of order xxxix of the code of civil procedure for the issuance of a temporary injunction restraining defendant no. 1 from dispossessing the plaintiff ..... be taken as it stands till it is shown to be erroneous or otherwise to have been made under circumstances which entitle her to claim that it could not be acted upon. in the face of that admission she cannot take advantage of the acknowledgment contained in the agreement dated the 4th september, 1961 and of the fact that she has .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-21-1973
Reported in : AIR1974P& H45
..... spent by him on the repairs of the property.4. shri sarin, the learned counsel for the appellant, argues that clauses (a) and (g) of section 21 and clause (k) of section 56 of the specific relief act bar the filing of such a suit. in view of the circumstances mentioned above, award of pecuniary compensations would not be an adequate relief to ..... on the repairs of the property, it cannot be said that he has no personal interest in the matter in terms of clause (k) of section 56 of the specific relief act. these provisions of the said act have, therefore, no application to the present case. the ruling anil kumar v. bhagirath lal ilr (1961) 2 punj 737 = (air 1962 punj 514) relied .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-14-1973
Reported in : AIR1974P& H97
..... the learned judge held that an issue involving evidence can also be decided as a preliminary issue. 4. for the reasons given above, i hold that the learned trial court acted illegally and with material irregularity in the exercise of its jurisdiction while refusing to try the issue with regard to court-fee and jurisdiction as a preliminary issue. the learned ..... in dispute? 2. whether messrs. bhana mal brij lal is a necessary party, being tenants in the property in dispute? 3. whether the plaintiff is estopped from suing by his acts and conduct? 4. whether brij lal, father of defendants 1 to 6 was a statutory tenant of defendant 7 if so, its effect? 5. to what amount the plaintiff is ..... order1. this is a petition under section 115 of the code of civil procedure against the order of the subordinate judge, ist class, jagraon, refusing to try the following issue as a preliminary issue:-- 'whether the suit .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-14-1973
Reported in : AIR1974P& H298
..... that being the position, the contention of the learned counsel for the vendee is futile and must be rejected. as the learned single judge could have supplied the omission under section 152 of the code of civil procedure, we are equally entitled to do so and we order that in the decree it should be read that the pre-emptors are ..... -emption money where a stay order has been obtained. therefore, we are clearly of the view that the learned single judge was wrong in not exercising his undoubted jurisdiction under section 152 of the code of civil procedure and that would have set at rest all this controversy.4. mr. g. r. majithia, learned counsel for the vendee has raised ..... -emption money because by an order of this court it had been allowed to be withdrawn. this was an omission and the same could be supplied at any time under section 152 of the code of civil procedure, and at the stage when the appeal was before the learned single judge, he could have supplied this omission. moreover, the decision .....
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