Court : Punjab and Haryana
Reported in : AIR1958P& H258
..... to do so and shri f. godberd was appointed the sole arbitrator. thereupon on 20th january. 1948 the appellant firm made an application under section 33 of the arbitration act fn the amritsar court challenging the validity and enforceability of the arbitration agreement on various grounds.this contention prevailed in the trial court but this ..... as the contract for supply of goods and the arbitration agreement were agreed upon in amritsar. to my mind these provisions, namely sections 14 and 31(4) of the arbitration act, 1940, and section 20, civil procedure code, have no application to foreign awards.7. as i have already said, there is no statutory provision indicating how ..... above in favour of the respondent firm in karachi and signed it there.on 25th september, 1952 mehra & sons (respondents) applied under sections 14 and 17 of the indian arbitration act to get a decree passed in accordance with the terms of the award. the appellants filed objections to this application alleging (1) that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1958)IILLJ109P& H
..... was affirmed by the tribunal subject to legal rights of the parties being left open in future. item 21 also relates to continuity of service. section 2(eee) of the act defines 'continuous service' as meaning uninterrupted service, and includes service which may be interrupted merely on account of sickness or authorized leave or an accident ..... and that does not mean that it is open to the workers to reopen the matter even before the period prescribed by section 19(3) has expired and without compliance with section 19(6) of the act. according to the decision of the supreme court in burn & co. case after the period of one year has expired ..... proceedings. in burn & co, v. their employees 1957-1 l.l.j. 228, while considering the provisions of section 19(3) and section 19(6) of the act, their lordships of the supreme court have observed that although section 11 civil procedure code, is in terms inapplicable to industrial disputes, but the principle underlying it expressed in the maxim, 'interest .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H372; 1958CriLJ1220
..... is reasonable and proper, otherwise it must be set aside. that decision so far as the panchayat is concerned disposes of the whole matter finally. the gram panchayat acting under section 21 of the act would, therefore, appear to have all the attributes of a judicial tribunal. the crucial test, as stated in pandyan insurance co. ltd., v. k.j. khambatta ..... tribunal making that order is not subject to the superintendence of the high court under article 227 of the constitution of india.9. under sub-section (2) of section 21 of the act, if the act in question is not performed within the time fixed, the gram panchayat may cause it to be performed and may recover the costs of performing ..... procedure and he has relied on mohd. ayub v. state, air 1952 all 215 (o).even in that case it was held that a magistrate acting under sub-section (1) of section 133 of the code of criminal procedure can initiate proceedings on his own knowledge, though it was considered that when it comes to the stage of passing .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H377; 1958CriLJ1225
..... the court of the additional district magistrate in which he requested the latter to take appropriate action against the petitioner under section 175 of the sea customs act and section 23 ofthe foreign exchange regulation act and that on the same day the additional district magistrateordered the petitioner to be released on bail.it is also admitted ..... contended on behalf of the respondents that although a reasonable suspicion existed against frey that he was guilty of offences under section 167 of the sea customs act and section 23 of the foreign exchange regulation act and although he was required by the additional district magistrate to furnish security in a sum of rs. 5,00, ..... of customs called upon the petitioner to show cause why penal action should not be taken against him under section 167(8) of the sea customs act and under section 7(2) of the land customs act for attempting to export prohibited articles from this country. the petitioner replied that as he was being prosecuted under .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H27; (1960)ILLJ640P& H
..... not lie in the mouth of the employers to make it a ground of attack. 8. it is contended that while examining the validity of section 5 of the act the provisions of section 19 have also to be considered which give uncontrolled discretion to the government to delegate its powers to any officer or authority subordinate to the government. ..... liable to make a contribution to the provident fund of the employees. this matter has already been considered while examining the challenge made to the constitutionality of section 5 of the act on the ground that it infringes article 14. as the principle and the policy that have to guide the discretion of the executive have been indicated in ..... govt. of india, new delhi, air 1958 punj 55 (g), in which while deciding how the date of establishment of a factory within tbe meaning of section 16 of the act is to be determined, it was observed that the date of establishment would be the date when the manufacturing process started and that a change of ownership could .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H236; 1959CriLJ653
..... to superintend their education' : vide story on equity 3rd edition page 563, paragraph 1341.i am therefore, of the view that the question whether this petition under section 491, criminal procedure code, should be granted or refused depends upon the judicial discretion of this court.4. the next question to be been in this case is whether ..... of a single bench in hazur ara begum v. deputy commissioner, gonda, air 1934 oudh 301. for the proposition that the words 'detained' and 'custody' in section 491, criminal procedure code, imply some sort of confinement or physical restraint on the liberty of movement of the detenu and that the use of the words 'be set at ..... the girls are being detained there and also conceded that the provisions of the punjab suppression of immoral traffic act, 1956, has no applicability. what is argued before me is that in order that such an application under section 491 should lie, there must be actual physical confinement of a total character. i have been referred .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H182; 1959CriLJ513
..... the object of diverting the course of justice.14. although the respondents are clearly guilty of an offence punishable under section 3 of the contempt of courts act, i am of the opinion that they were endeavouring merely to comply with the orders of government the legality ..... law, and that this action on their part constitutes contempt of court. he has accordingly presented this petition under section 3 o the contempt of courts act.5. action appears to have been taken against the petitioner in obedience to the directions contained in a circular letter ..... the doors of litigation which are already wide open should constantly remain so.7. contempt of court is constituted not only by an act which is calculated to embarrass, binder or obstruct the court in the administration of justice or to lessen its authority or dignity, ..... a.n. bhandabi, c.j.1. this petition under section 3 of the contempt of courts act raises the question whether a certain order issued by the punjab government is calculated to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H117
..... the laud belonging to him (suraj bhan minor). there is also some evidence on the record that the donees including rati ham arranged for suraj bhan's marriage and even financed it. in this background it is not possible for me to hold the transaction in dispute to be necessarily a sale which has been concealed under the cloak of a ..... of theappellants to be a sale and therefore liable to bepre-empted. in my opinion the learned counselis right. sale has been defined in s. 54 of thetransfer of property act (act iv of 1882) as follows : -- ' 'sale' is i transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.' on the present record there .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H111; [1960]30CompCas219(P& H)
..... no good ground has been suggested for not seeking the leave of the court when lists were filed after the termination of the time allowed under section 45d(2) of banking companies act. even if it be deemed permissible for the official liquidator to ask for leave at this stage--which in my opinion it is not no plausible ..... /9/3 has been calculated up to 12th of march, 1950, by the petitioner as mentioned in the statement of the claim. under provisions of section 29 of the displaced persons (debts adjustment) act (70 of 1951), no interest can accrue from 15th day of august, 1947, in respect of any debt owed by a displaced person. in view ..... petitioner's right of seeking relief under any other law, if available. but in my view the displaced persons (debts adjustment) act provides no remedy for the petitioning banking company. under section 16(2) of the last mentioned act, 'if the creditor elects to retain the security, he may apply to the tribunal, having jurisdiction in this behalf as provided .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H614
..... well as before us. in the first instance, it was urged that the aforesaid contract did not fall within the mischief of s. 7(d) of the representation of people act. section 7(d) provides:'a person shall be disqualified for being chosen as, and for being, a member of * * * the legislative assembly * * * of a state-- if, whether by himself or by ..... partnership was formed, the firm had been able to enter into a contract with the central government and thus it was quite natural for the firm to look for more finances to be able to cope with the orders which it expected to be placed with it as a result of this contract and there is nothing inherently wrong in shri ..... get a contract for the supply of some of these items to the central government.in order to have more finances to be able to make the supply of the goods to the central government a partnership firm under the indian partnership act was formed on 2-1-1956, vide exhibit p. 36. one thakar singh, a relation of shri karam singh .....
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