Court : Punjab and Haryana
Reported in : AIR1954P& H164
..... been shown that in this house gambling took place on any previous occasion, & these circumstances appear to me to be quite sufficient to rebut the presumption arising under section 6 of the act. i would therefore hold that the charges have not been brought home to the petitioners in this case and allowing the petition acquit them. fines, if paid, ..... brother soni j. has referred to a large number of cases and judicial pronouncements of courts in england and in india. 'common gaming-house' is defined in section 1 of the act as 'any house or room or tent or enclosure or vehicle or vessel or any place whatsoever in which any instruments of gaming are kept or used for ..... defence with which we are not concerned now, and the only point for our decision is whether in the circumstances of the case the presumption arising under section 6 of the act is sufficient to hold these seven persons guilty of the offences of which they have been convicted.3. on behalf of the accused persons it was contended .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1954]26ITR375(P& H)
..... 1948, and replaced the law or laws in force in that behalf in those states before that day. the patiala income-tax act was subsequently repealed and ceased to have effect by virtue of section 13 of the finance act, 1950, which came into force on 8th april, 1950. but with that legislation we are not for the present concerned as ..... regarded as an authority in support of the contention. the question there was whether a decision of the high court on a reference under section 51 of the indian income-tax act, 1918, (now section 66 in act xi of 1922) was appealable to the privy council. this depended upon interpretation of the words 'original jurisdiction' in clause 39 of the ..... . this second appeal by the assessee or an appeal by the income-tax officer is presented to an heard and decided by the appellate tribunal. under section 66 of the act the assessee or the commissioner may by application require the appellate tribunal to refer to the high court any question of law arising out of such order .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1955P& H145
..... this litigation?5. whether the application in question is time barred?6. relief.'38. the trial court on all the issues held that the application was not under section 14, arbitration act, (sic) under section 17 and was, therefore, competent, and (sic) it was not barred by limitation, and he rej the pleas of the original respondent against the legality of the ..... was entered into with radha kishan by which radha kishan was to finance litigation and was to get a seven-anna share out of the property and ganga ram was to have the other nine-anna share.35. some dispute arose in ..... of lahore where a letters patent bench decided in favour of ganga ram on 30-5-1944.34. ganga ram first entered into an agreement with one kanahaya lal to finance the litigation arising out of the will and when that fell through he entered into a similar agreement with one madan lal and as that also fell through an agreement .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1955P& H184
..... factory limited of delhi challenging certain actions of the respondents, the sales tax officer ward no. 5 and the commissioner of sales tax of delhi state, under the bengal finance (sales-tax) act of 1941 as extended to the state of delhi.2. it appears that the petitioner company has two factories, one at delhi where wicks, tapes, 'niwars' etc., ..... purchased free of tax for purposes of manufacture, and a revision petition was filed by the firm before the commissioner of sales tax under the provisions of section 20 of the act with the result that on 3-9-1953 an order was passed to the effect that the orders of the assistant commissioner dated 2-2-1953 and ..... raw materials purchased by it for the purpose of manufacture of cloth at ghaziabad.it is evident from the letter that the sales tax officer interpreted the provisions of section 5(2)(a)(ii) as meaning that exemption could only be given with regard to materials purchased for the purpose of manufacturing within the state of delhi, whereas .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H13
..... not itself put an end to the contract for the reason that there cannot be renunciation of a contract by unilateral repudiation, and this is recognised by section 60, sale of goods act which gives the other party a right to treat it as subsisting or to elect to treat as rescission of the contract. in the latter case he ..... it sold the goods of this contract to third parties. he has further contended that admittedly the present contract was hot an instalment contract and therefore section 38(2), sale of goods act is not applicable and therefore the repudiation of 5-7-1948 by the defendants cannot be considered to be limited only to the quantities then offered, ..... assortment of colours they were under no obligation to accept them.9. now, the law relating to the anticipatory breaches of contract is laid down in section 60, indian sale of goods act which reads-'60. where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H49
..... that the agreement was enforceable while kapur j., was of the opinion that it was not. 22. the statute law on the point is contained in section 27, contract act and section 54, partnership act. section 27 reads: 'every agreement by which any one is restrain-ed from exercising a lawful profession, trade or. business of any kind, is to that ..... for the protection of l. n. gadodia, who seems to have been afraid that in course of time deva sharma might become prosperous enough to undertake the financing side of the partnership as well as the active side and he certainly seems to have been afraid of a conspiracy between the corporation and deva sharma to oust ..... local commissioner appointed to go into accounts was directed in calculating the plaintiff's share of the profits to bear in mind the fact that deva sharma was now financing the selling agency and not the plaintiff any longer, and an injunction restraining all the three defendants from, carrying on the business of the selling agency. 17. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H139
..... reality defeasible only in the way pointed out by law; and it seems to their lordships that the case must fall either within section 311 of the code (order 21, rule 90) or, within article 12(a), limitation act or within both; anyway, there exists a bar by one year's delay', this judgment has been the subject-matter of ..... consequential on the annulment of the sale is sought, the protection is exceedingly small.'and at a previous place at page 351 his lordship said:'article 12(a), limitation act of 1877 provides that a suit to set aside a save in execution of a decree must be brought within one year after the sale is confirmed. that seems ..... it was held that the judicial sale was not a nullity and could not be treated as invalid, notwithstanding these irregularities. at page 352 lord hobhouse observed:'the limitation act protects bona fide purchasers at judicial sales by providing a short limit of time within which suits may be brought to set them aside. if the protection is to be .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H97
..... presenting his case by making a relevant statement or by controverting any relevant statement made to his prejudice. cancellation of a license in the delhi excise act is provided under sections. 36 and 37 which give authority to the chief commissioner to do so in certain circumstances. the present case, however, relates to grant of a ..... never put before the chief commissioner for necessary orders. respondents in reply have produced a copy of the letter dated 14-12-1954 sent by the under secretary finance (expenditure) to delhi state government, to respondent 3 and its relevant portion reads : 'i am directed to say that the chief commissioner is pleased to approve ..... did in fact exercise the power vested in him under the statutory rules made under the excise act particularly when this fact is denied by the petitioner. this is, however, not of much consequence in this case. finance secretary to the delhi state government has filed an affidavit in this court stating that the decision .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H118
..... agreement as given in ex. d-1, the bank submits that there is a general banker's lien on this amount against the debts due from the original applicant. section 171, contract act provides for a general banker's lien as follows:'bankers, ......... may, in the absence of a contract to the contrary, retain, as a security for a general balance ..... lord denman in pronouncing his judgment in the 'exchequer chamber, barnett v. brandao', (1843) 6 man. and g. 630 at p. 670 (h).10. in 're london and globe finance corporation', (1902) 2 ch. 416 (i), the efficacy of a broker's general lien was raised. in that case certain shares were held by stock-brokers to secure a specific ..... of account, any goods balled to them; ..........'in mulla's contract act at p. 511 a lien is stated in the following words:'a banker's lien, when it is not excluded by special contract, express or implied, extends to all bills .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H93
..... seems necessary for us to emphasize that so far as the 'courts in this country are concerned, they must look primarily to the law as embodied in sections 32 and 56 of the indian contract act, 1872.'39. the matter was again discussed in the judgment of mukkerjea j. in satyabrata ghose v. mugneeram bangur and co., 1954 scr 310: ( ..... to the extent to which the english doctrine of implied term dealing with cases of frustration is applicable. it was held that to the extent that the indian contract act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of english law dehors the statutory provisions.40. the ..... the defence of the company may be summed up as being that in fact no suggestion made by the plaintiff was of any practical-value, his suggestions had not been acted upon, and no increased profits or production had resulted to the company from his efforts. it was also pleaded that under the terms of the contract between the parties .....
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