Court : Punjab and Haryana
Decided on : Aug-13-1973
Reported in : AIR1974P& H130
..... in second appeal to this court. 3. the first contention raised by learned counsel for the appellant is that the doctrine of part performance embodied in section 53a of the transfer of property act was applicable to the case and that by reason thereof the plaintiff deserved to be non-suited. such a plea, however, is conspicuous by its absence ..... , limited, extended, extinguished or recorded. there is no scope for inclusion of a copy of a document as an instrument for the purpose of the stamp act. if section 35 only deals with original instruments and not copies, section 36 cannot be so interpreted as to allow secondary evidence of an instrument to have its benefit. the words 'an instrument' in ..... urged that exhibit d-1 can be looked into in spite of the insufficiency of the stamp duty paid in respect of it because of the provisions of section 36 of the indian stamp act which lays down: '36. where an instrument has been admitted in evidence, such admission shall not, except as provided in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-29-1973
Reported in : AIR1974P& H229
..... of the appeal. in c.m. 1919-c of 1973, the prayer was for condonation of delay or extension of time for filing the appeal under section 5 of the limitation act (hereinafter called the act) on the ground that delay in the presentation of the appeal had resulted from a bona fide mistake in preferring the appeal to the court of ..... suit or application was pending and prosecuted bona fide in the wrong court excluded as a matter of right, the remedy based on the principles of that provision under section 5 of the act in the case of an appeal is discretionary, and the court may condone the delay in filing an appeal in the correct court if the requirements of ..... fide. proof of sufficient cause for delay of each day in prosecuting the appeal after the period of limitation is a condition precedent to the exercise of discretion under section 5 of the act. sufficient cause has been consistently interpreted in judicial decisions to mean a cause which is beyond control of the party invoking the aid of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-17-1973
Reported in : AIR1974P& H91
..... filed a similar suit seeking to pre-empt the abovesaid sale. on february 28, 1966, ram chand plaintiff-appellant moved an application. exhibit p. 7 under section 28 of the preemption act (hereinafter refereed to as act) for getting both the suits concurrently decided. the trial court, vide its order. exhibit p. 8, issued notice to khem chand respondent no. 1, ..... no. 1 in his favour on march 18, 1966 would not make any different to the rights of ram chand plaintiff-appellant and that in view of section 17 of the act he would be considered entitled to succeed in his suit regarding half share in the suit land. in view of the abovesaid findings, the trial court decreed ..... by vendees of the suit property to khem chand, respondent no. 1 during the pendency of the appellant's suit was clearly hit by provisions of section 52 of the transfer of property act. in support of his submission he placed reliance on a supreme court decision in bishan singh v. khazan singh. air 1958 sc 838. for the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-14-1973
Reported in : [1974]33STC37(P& H)
..... of wheat or gram is husk of wheat or gram and, if so, whether it falls within the scope of item 15 of schedule b to section 6, appended to the punjab general sales tax act, 1948?2. the sales tax tribunal, punjab, by its order dated 4th april, 1969, in state of punjab through excise and taxation commissioner, punjab v. ..... chokar comes under the ordinary meaning of husk of wheat. i, therefore, hold that wheat chokar is covered by item 15 of schedule b of the punjab general sales tax act, 1948.3. in his order dated 3rd december, 1969, the tribunal further observed that ' 'bran' is the outer husk of wheat separated from the flour after grinding. grinding of ..... to sales tax. the simple question for decision before me is whther wheat chokar which is bran falls under item 15 of schedule b of the punjab general sales tax act, 1948, and item 15 is husk of all foodgrains and pulses. bran has been defined in bhargwa's standard anglo-hindi illustrated dictionary as 'husk of ground corn, chokar'. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-08-1973
Reported in : [1974]33STC120(P& H)
..... getting scientific knowledge. similarly, dhoop and agarbatti are indispensable articles for persons who want to perform religious worship.17. according to the proviso to sub-section (1) of section 5 of the act, before any item can be subjected to the enhanced rate of sales tax, as given therein, it is not only necessary that it must be ..... to the learned counsel, he had to concede that, according to the interpretation put by him, the term 'luxury goods' in the proviso to sub-section (1) of section 5 of the act is superfluous and it would not make any difference, according to his way of interpreting the proviso, whether the word 'luxury' existed or not in the ..... decisions, therefore, are of no assistance to the learned counsel for the appellants in the present case for the simple reason that in the proviso to sub-section (1) of section 5 of the act, it is provided that for charging enhanced tax two conditions have to be fulfilled, viz., (1) that the item should be a 'luxury goods' and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-09-1973
Reported in : AIR1974P& H114
..... instructions requiring eligibility certificate and laying down that no person shall be admitted in an engineering college unless he produces an eligibility certificate and on which instructions respondent no. 2 acted, be issued; and (c) that a writ of mandamus directing respondent no. 1 to allow the petitioner to continue with his studies and to regulate his admission, be issued.2 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-01-1973
Reported in : [1974]34STC453(P& H)
..... or the lessee was the transferee of the business and as such in their hands also the amount of arrears of sales tax could be recovered. section 17 of the tax act reads as under:17. transfer of business.--where the ownership of the business of a registered dealer is entirely transferred and the transferee carries on such ..... sough to be argued that the learned single judge fell in error in not permitting the contention to be raised on the basis of the provisions of section 17 of the tax act, on the ground that no such plea had been taken in the return. according to the learned deputy advocate-general, it was the case of the ..... proposed by the company but the same was not accepted with the result that the company submitted another scheme of arrangement with its unsecured depositors and shareholders under section 391 of the companies act. the said scheme of arrangement was sanctioned by this court on 26th april, 1972, with some modifications. the management of the company failed to supply .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-08-1973
Reported in : 1974CriLJ862
..... declaration and he frankly conceded that he could not point out any and that the petitioner could not be said to have committed any offence falling under section 199 or section 200 of the indian penal code even if that declaration was false to the petitioner's knowledge. in this view of the matter, i accept the ..... produced, as it stands, is not sufficient for a conviction, the magistrate is duty-bound to discharge the accused. in this context, the word 'presuming' in section 254 clearly envisages the framing of a charge against the accused only if the evidence before the magistrate is sufficient to warrant a conviction. in advancing an argument to ..... with his admission to that institution. these facts clearly proved that the declaration made in affidavit exhibit pc/1 was false and that the petitioner had committed offences under sections 182, 199 and 200 of the indian penal code.4. before the framing of the charge four witnesses were examined by the learned magistrate. dr. yudhvir sachdeva ( .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-29-1973
Reported in : AIR1975P& H33
..... 9, 1972. the writ petitioner had suggested two names to the deputy commissioner for being nominated as women members of the municipal committee, haryana, under section 12-e of the act. his recommendations were, however, not accepted and the government made its own nominations. after nominations were gazetted and the co-opted women members took oath. ..... judge did not accept the plea of the appellant that the writ petitioner, after the co-option of the two women members by the government under section 12-b of the act, took part in the election of the president and, therefore, was estopped from filing the writ petition. consequently, the writ petition was accepted and ..... of the committee having not been able to co-opt two women members and, therefore reported to the government for nomination of two women members under section 12-e of the act. the government nominated smt. sohan kaur and smt. harbans kaur as members of the municipal committee, haryana, by a notification which appeared in the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-24-1973
Reported in : AIR1974P& H195
ORDERThis is the defendants' petition for revision of the order of the Court of Shri Amjad Ali Khan, Subordinate Judge First Class, Jullundur, dated August 14, 1973, whereby he refused to summon the witnesses of the defendants for procuring whose attendance for August 23, 1973, process was prayed for by them in their application, dated August 13, 1973. The evidence of the plaintiff-respondents had been concluded on July 26, 1973, and the case was adjourned for the first time for the defendants' evidence to August 23, 1973. While adjourning the case, the trial Court had directed the defendants to deposit diet-money and process-fee within four days that is by July 31, 1973. The solitary ground on which the application of the present petitioners was not allowed was that they had deposited the diet-money and process-fee beyond the period of four days fixed by the learned Subordinate Judge for that purpose. I think the order of the trial Court is wholly misconceived and contrary to law. It ...
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