Court : Punjab and Haryana
Decided on : Jan-02-1961
Reported in : AIR1961P& H314
..... plaintiffs' suit, which was filed on 23rd of august, 1948, is barred by limitation. according to the trial judge the case is covered by article 115 of the indian limitation act, which provides a period of three years for a suit for compensation for the breach of any contract, express or implied, not in writing registered, from the date ..... pleas gave rise to the following issues:(1) is the suit barred by time?(2) is the suit barred under section 19 of the defence of india act read with act ii of 1948?(3) are the plaintiffs estopped from claiming any compensation?(4) relief.the first and the third issues were answered in the affirmative and the ..... the rule of estoppel in general has been incorporated in section 115 of the indian evidence act, which runs as under,'when one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-04-1961
Reported in : AIR1961P& H411
..... made by him on the will as sufficient coupled with the evidence of the other attesting witness, amar singh, to satisfy the requirements of section 63 of the indian succession act. . it is this view in particular which has been assailed before us by the learned counsel for the appellants.4. the proposition canvassed is that under ..... section 63 of the indian succession act the will must be attested by two or more witnesses and that a sub-registrar while registering a will presented to him by the testator cannot be ..... argument was not acceptable because prima facie before a document was presented for registration, it must be completed as required by the provisions of the transfer of property act. if what happened at the time of registration was regarded as affording attestation to the document, it might lead to the result that the document was presented for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-06-1961
Reported in : (1962)ILLJ534P& H
..... by the punjab government clearly reads as saying:in exercise of the powers conferred by section 7a of the industrial disputes act, 1947, as inserted by section 4 of the industrial disputes (amendment and miscellaneous provisions) act, 1956 (no. 36 of 1956), and all other powers enabling him in this behalf, the governor of punjab is ..... new tribunal was being constituted in exercise of the powers of the governor conferred by section 7a of the industrial disputes act, 1947, as inserted by section 4 of the industrial disputes (amendment and miscellaneous provisions) act, 1966 (36 of 1956) and all other powers enabling him in this behalf. on 4 june 1957; the ..... gujral, had originally been appointed as the presiding officer of the industrial tribunal, punjab, under section 7 of the act as in force before the commencement of the industrial disputes (amendment and miscellaneous provisions) act, 1956, and that his term as such was extended from time to time by means of various notifications of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-1961
Reported in : [1961]12STC711(P& H)
..... payment of the price, be deemed to be a sale.7. we are not concerned in the present case with the amendments made in this definition by the east punjab general sales tax (amendment) act, 1959, and the punjab general sales tax (amendment) act, 1960. the contention raised on behalf of the petitioning firms is that this explanation extends the scope of the expression ' ..... entry 48 cannot be construed in its popular sense and that it must be interpreted in the sense, which the expression bears in the indian sale of goods act, 1930.section 2(h) of the punjab genera] sales tax act, 1948, as it stands now, defines 'sale' in these words :-'sale' means any transfer of property in goods...for cash or ..... it is not for this court to do so in the present proceedings. there is substance in this contention of the repondents. as observed in indian iron and steel company limited v. the officer on special duty (central circle], punjab [1959] 10 s.t.c. : 'it has been repeatedly held that a writ should not be .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-12-1961
Reported in : AIR1961P& H352
..... brought by the municipal committee, the first defendant would have been able to set up by way of defence a case for restitution under section 64 of the indian. contract act. a decree in favour of the plaintiffs in the present suit might preclude the first defendant from claiming compensation from the municipal committee on basis of a quasi- ..... granted the relief to the plaintiffs. lastly, it has been contend-ed by mr. sastri that the suit in any event is barred under article 120 of the indian limitation act.8. as regards the maintainability of and the right of the plaintiffs to bring the suit, it bas been urged that section 42 only enables a person to ..... determination of the rights and liabilities of the parties under the contract 13. this brings me to the question of limitation. there is no specific provision in the limitation act which would be applicable in the present situation, and under the residuary article 120, the limitation of six years would run from the time when the right to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-13-1961
Reported in : AIR1961P& H333
..... procedure. the relevant provisions of this section read:'198-b. (1) notwithstanding anything contained in this code, when any offence falling under chapter xxi of the indian penal code (act 45 of 1860) (other than the offence of defamation by spoken words) is alleged to have been committeed against the president or the vice-president or the ..... karthikeyan, editor, printer and publisher of the newspaper 'pothujanam' before the court of session, trivandrum, for the offences punishable under sections 500 and 501, of the indian penal code, for having published a news item in its issue dated 21-8-1957 under the caption (words in malayalam omitted), and also the reply of the ..... be defamatory; and whereas the report mentioned above discloses that the said shri tara chand verma has committed an offence punishable wider sections 500 and 501 of the indian penal code; now, therefore, as required by section 198-b of the code of criminal procedure, 1898, the governor of punjab is pleased to sanction the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-25-1961
Reported in : AIR1961P& H326
..... the plaintiff's adverse possession for over 12 years has matured into valid title. it is further pleaded that in certain proceedings under section 447, 468 and 380 of the indian penal code between the parties to the suit, the defendant actually admitted the adverse possession of the plaintiff over the property in suit. this admission was also pleaded to be .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-27-1961
Reported in : AIR1961P& H503
..... the state, formed the judgment in this case and the time spent in obtaining copies thereof would be excluded in computing the period of limitation under section 12 of the indian limitation act. in this view of the matter, it is not necessary to deal with the application dated 4th september, 1954, under section 5 of the ..... indian limitation act filed by the appellants.4. the second preliminary objection raised by the learned counsel for the respondent is that santa applicant in the court below had died on 28th march, ..... division bench authority of the calcutta high court in dinendra narain roy v. titu ram, ilr 30 cal 801, which held -'in apportioning compensation money, awarded under the land acquisition act, between the landlord and the tenure-holder, the court ought to proceed on the principle of ascertaining what the value of the interest of the landlord is on the one .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-09-1961
Reported in : AIR1961P& H405
..... opposed to public policy, in the sense that it is in itself immoral or improper. the only way of bringing it under that clause of section 23 of the indian contract act would be to show that it directly infringes some positive rule of law or is calculated to defeat its provisions, see jai narain v. sultan muhammad khan, 96 ..... partners by getting money from them and permitting them to share the profit and loss in this business. such a partnership was in contravention of section 23 of the indian contract act and order 59 mentioned above.32. after hearing the learned counsel for the parties and going through the relevant law and rules on the subject, i am of ..... by the learned counsel for the plaintiffs-respondents. in the first place he submitted that this partnership contravened the provisions of section 23 of the indian. contract act and the various rules framed under the opium act, no, 1 of 1878. in the second place, he contended that there could not be a valid partnership of such a kind under .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-17-1961
Reported in : AIR1961P& H550; [1961]31CompCas333(P& H)
..... amendment) act (no. xxxiii of 1959). the reason for this omission is that section 392 of the companies act, 1956, had incorporated section 45-k of the banking companies act which is in ipsissima verba. this provision of the companies act was new and did not correspond to any similar provision in the indian companies act ..... banking companies working under schemes of arrangement atthe commencement of the amendment act. whereany compromise or arrangement sanctioned in respect of a banking company under section 391 of thecompanies act, 1956, is being worked at the comencement of the banking companies (amendment) act, 1953, the high court may, if it sothinks fit, on ..... was an alternative mode of liquidation. this does not appear to beso either under the companies act, 1956, or under the indian companies act, 1913, which preceded the present statute. provisions of the companies act relating to 'arbitration, compromises, arrangements and reconstruction' covered by sections 389 to 396 are placed .....
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