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 : Dec-10-1973
Reported in : AIR1974P& H220
..... the date of the alienation. it concerns itself with the power to contest an alienation. that power cannot be allowed to be exercised after the amendment of section 7 by the amending act. it is a well-established principle of law that any change in law, which has taken place between the date of the decree and the decision of ..... purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this act. (2) nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of ..... was that the courts below were in error in holding that chindo had become the full owner of the land in dispute by virtue of section 14(1) of the hindu succession act, 1956, hereinafter called the act, and, consequently, the plaintiff could not challenge the mortgage effected by her in favour of gurmej singh. chindo, according to the counsel, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-04-1973
Reported in : AIR1974P& H223
..... m.c. ponnoose, air 1970 sc 385 wherein it was held as under:--'by issuing notification in exercise of powers conferred under section 2(44)(ii) the state government cannot invest the tahsildar with the powers of a tax recovery officer with effect from a date ..... control of bricks supplies order, 1972 was issued by the respondent-state under section 3 of the east punjab control of bricks supplies act, 1949(east punjab act no. 1 of 1949). this east punjab act i of 1949 did not confer any power on the state of haryana ..... supplies order, 1956 had been declared invalid, therefore, no action could be taken against him in pursuance of a notice issued under that act. it was asserted that clause 22 of the haryana control of bricks supplies order, 1972 is illegal, null and void and without ..... to issue any bricks control order under section 3 of the act with retrospective effect. it is thus well settled that unless the power to legislate conferred on .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-27-1973
Reported in : AIR1974P& H225
..... at the rate of rs. 100/- per month with effect from the date (15-4-1972) of her application made in the court of first instance under section 24 of the act. there is no interference with the amounts fixed as litigation expenses in the two courts. the parties shall bear the costs incurred by them in this appeal, ..... by a division bench of this court in usha v. sudhir kumar, ilr (1973) 2 punj and har 248, that in the wife's application under section 24 of the act, the provision for necessities of the minor children can also be taken into account while fixing the quantum or rate of interim maintenance. even if the respondent has ..... . during the pendency of the husband's petition for restitution of conjugal rights against his wife under section 9 of the hindu marriage act, 1955(hereinafter briefly referred to as 'the act') both spouses had applied for interim maintenance under section 24 of the act. the husband's application for interim maintenance was dismissed and he has not filed any appeal. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-20-1973
Reported in : [1975]98ITR458(P& H)
..... value of the gold. on this matter there is not enough material which would enable us to determine the question satisfactorily. in view of the provisions of section 27, sub-section (5) of the wealth-tax act, which is in the following terms:' if the high court or the supreme court is not satisfied that the case as stated is sufficient to enable ..... the department. in this situation, there could be but no other finding than the one given by the tribunal that the assessee was entitled to the relief under section 5(1)(ix) of the act.5. with regard to the second question, the matter is set at rest by two decisions of the supreme court in pandit lakshmi kant jha v. commissioner ..... of law for our opinion :'1. whether, on the facts and in the circumstances of the case, the value of 12 jeeps and trucks was exempt under section 5(1)(ix) of the wealth-tax act ? 2. whether the amount of rs. 1,09,201 was liable to be included in the net wealth of the assessee on the valuation date (april .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-19-1973
Reported in : [1975]98ITR42(P& H)
..... only after the death of the deceased. it existed at no point of time either contingently or otherwise during the lifetime of the deceased. section 5 of the act is the charging section, section 2(15) defines 'property' and section 2(16) defines 'property passing on the death '. these provisions ate in the following terms :'5. (1) in the case of ..... and ' on the death' includes 'at a period ascertainable only by reference to the death' '8. thus, keeping in view the provisions of section 5, section 2(15) and section 2(16) of the act, what can be charged to estate duty is that property which passed on the death of the deceased. therefore, the short question is, whether the ..... will, therefore, serve no useful purpose to travel that ground all over again.15. this brings us to the second contention of mr, awasthy, based on section 15 of the act, which is in the following terms :'an annuity or other interest, purchased or provided by the deceased, either by himself alone or in concert or by arrangement .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-16-1973
Reported in : AIR1974P& H193
..... award. the present appeal was not on that ground. the objection as to limitation was raised before the trial court and the trial court held that the application under section 14 of the act was within limitation. the only remedy available to the respondent was, in case the decision on the question of limitation was erroneous, to move this court in revision ..... the short ground that the lower appellate court was not competent to entertain an appeal against the order under section 14 of the arbitration act, 1940, making the award a rule of the court2. all that i need to do is to refer to section 17 which is in the following terms:--'where the court sees no cause to remit the award or .....
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 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-08-1973
Reported in : AIR1974P& H202
1. This regular second appeal has been filed by the plaintiff under the following circumstances:According to the fard jamabandi, copy Exhibit P-2, the parties are joint owners of khasra No. 27/27 having an area of 19 kanals. The land is described as gair mumkin ihata chah, Rangawala well. Karam Singh, the contesting defendant-respondent No. 1, owns a half share in the land while the other half is owned by the others. The plaintiff-appellant has a 5/16th share in that other half.2. The parties have so far been irrigating their land from a single persian wheel fitted on this well. The plaintiff-appellant now wants to have another persian wheel as, according to him, one wheel is not found sufficient to irrigate the fields of all the joint owners. Karam Singh resists the setting up of a second persian wheel on the well on the ground that more area out of the joint land would be required for the bullocks who have to work the second wheel. A co-sharer may claim only those rights in the joint...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-02-1973
Reported in : AIR1974P& H239
..... of the old lease might be continued in it, by implication; and it cannot be disputed that to bring new tenancy into existence, there must be a bilateral act. what section 116 contemplates is that on one side there should be an offer of taking a renewed or fresh demise evidenced by the lessee's or sub-lessee's continuing in ..... subordinate judge that piarey lal was a tenant holding over, is correct, then the plaintiff's suit must be dismissed, because, admittedly, no notice under section 106 of the transfer of property act was issued to him before filing the suit and such a notice was necessary under the law. the point argued before me is whether this finding is ..... said rent note in favour of the plaintiff. the learned judge also held that the plaintiff should fail, because they had not issued a notice under section 106 of the transfer of property act to the defendants before filing the suit. the finding of the trial court on this point, however, was that there was no necessity for issuing any .....
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