Court : Punjab and Haryana
Reported in : AIR1961P& H84; [1960]30CompCas515(P& H)
..... when the application for winding up is made is to be considered the date when the order for winding up is made. this is, in effect, what section 168 of the companies act provides.9. on the other side mr. bhagirath das relied upon the observations of the lahore high court in hem raj v. krishan lal, air 1928 ..... effect from, the date of the presentation of the petition on which it is made.' the provisions of section 171 of the companies act are somewhat similar to the provisions of section 28(2) of the provincial insolvency act. section 171 of the companies act places an embargo on certain types of proceedings after the winding up order is made. similarly, under the ..... the recovery of his debt after the winding up petition is made, the limitation against him cannot stop. he took the view that the provisions of section 168 of the indian companies act cannot be held to control the bar of limitation with respect to suits and other proceedings and, therefore, the claim, which becomes barred by time .....
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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H177
..... other words one anna in the rupee, of the basic wages and dearness allowance, and a comprehensive scheme has been framed by the central government under section 5 of the act containing the details of implementation, 4. the proceedings against the petitioners who had apparently not up to that time taken any action to implement the provisions ..... in any such industry.' the basic provisions regarding the provident fund which has to be maintained by the proprietors of the factories to which the act applies are contained in section 6, which ordinarily fixes the contributions to the fund to be made at an equal basis by the employer and the employee at 6 1/ ..... should be exempted. 9. the main ground on which it was sought that the act should be declared unconstitutional was the provisions of section 16 to which the provisions of section 1(3) of the act were expressly made subject. section 16 provides that the act shall not apply to any factory belonging to the government or a local authority, or .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H262
..... him or on his behalf to the railway administration within 6 months from the date of the delivery of the animals of goods for carriage by railway. section 80 of the act, which deals with suits for compensation for injury to through-booked traffic, so far as relevant for this case, provides that notwithstanding anything in any ..... at this state, it is relevant also to refer in the definitions of the expression 'railway' and 'railway administration' or 'administration' as given in section 3 of this act. the word 'railway' means a railway, or any portion of a railway for the public carriage of passengers or goods and includes:--(a) all land within ..... the legal position correctly.(3) mr. salooja has contended that the provisions of sections 77, 80 and 140 of the indian railways act throw considerable light on the meaning to be placed on section 80 of the code of civil procedure. section 77 of this act provides for notification of claims to refund of overcharges and to compensation for losses. .....
Tag this Judgment!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 : AIR1967P& H64
..... well as in clause (c) and also contains a distinctive mark as envisaged in clause (e) of sub-section (1) of section 9 of the act. under section 9(1)(a) of the act the case of the appellant is that the name of the firm is united iron and steel works, which is entitled to be registered as ..... was held that 'vapo rub' was not an invented word but it was entitled to and was allowed to be registered under clause (e) of sub-section (1) of section 6 of the 1940 act on evidence of acquired distinctiveness. taking into consideration the affidavits filed on behalf of vick chemical company, it was held that the mark 'vapo rub' had ..... . this argument, urges counsel, is not in substitution of the claim for registration in part a on account of alleged compliance with clause (e) of sub-section (1) of section 9 of the act but in addition thereto.in short, the case of the appellant is that his trade mark in question consists of the essential particulars mentioned in clause (a) as .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H355
..... the other party, but not terminating the proceedings on the application.18. it may be mentioned that the appellant's had also filed an application under section 16 of the act for the remission of the award to the arbitrator for reconsideration on a point originally raised by the respondents, but this application, like that relating to ..... and rendition of accounts. in this plaint he mentioned the facts regarding the reference to arbitration and the proceedings pending in the court at delhi under section 14 of the act but he stated that in spite of repeated requests the defendants had not taken any steps to pay or contribute towards the stamp duty and penalty and ..... same footing as suits for partition. it appears to me to be extremely doubtful whether a plaintiff in such a suit or an applicant under section 14(2) of the arbitration act relating to partnership accounts can be permitted to withdraw the suit or application altogether after an application has been made by one of the previous .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H277
..... of the petition in court.mr. kapur's argument was that the principles and rules which apply in england would apply to this country because of the provisions of section 7 of the act. the argument further was that the respondent had at the time of his marriage in dehra dun on the 23rd october 1944 given his age 23, that he ..... virtue of section 7 of the indian divorce act relief can be given to the petitioner on principles and rules which in the opinion of this court are as nearly, as may be conformable to the principles ..... . kapur had also urged that the marriage was hull and void as at the time when it was celebrated the petitioner was a minor as contemplated by section 3 of the indian christian marriage act, 1872; and therefore there could be no valid marriage without the consent of her mother which consent was never given. mr. kapur also urged that by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1989(19)ECC1; 1989(22)LC430(P& H); 1989(40)ELT51(P& H); [1990]76STC375(P& H)
..... understood in the light of the special enactment which refers to the same. the word 'court' in that sense could not restrict the applicability of section 14 to the local acts nor can the words 'application, suit, appeal or revision' restrict such an application. the principles enunciated in that provision will have to be applied ..... the revisional authority made two references to the high court for answering the following question of law :'whether under the circumstances of the case, section 14 of the limitation act extended the period for filing the revisions by the time during which the restoration applications remained pending as being prosecuted bona fide ?'8. two ..... 16th february, 1976, which was received, according to the appellants, on 18th february, 1976. this appeal was dismissed on the ground that under section 128 of the customs act, an appeal could have been preferred within three months from the date of communication to the appellants of the decision or order appealed against and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)117PLR99
..... court can order reinstatement.5. therefore, the question is whether a second reference on the same set of facts can be subject matter of a subsequent reference under section 10 of the act. there cannot be any dispute that the principle of res-judicata will apply to that proceedings before the labour court.in burn & co. v. employees, air ..... the principles of res-judicata and held that the earlier order of the tribunal on the application filed by the respondents 1 to 3 and others under section 33-a of the act will not operate as res-judicata and, therefore, the reference is valid. accordingly by its order dated 31.8.1982 directed the parties to produce their ..... labour court that the reference is barred by the principles of res-judicata as the application filed by the respondents and other employees of the petitioner under section 33 of the act was dismissed. it is also the contention of the management that the reference was highly belated and the demand notice was served on 24.7.1980 while .....
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