Court : Punjab and Haryana
Decided on : Nov-13-1961
Reported in : AIR1962P& H196
..... document for registration to the sub-registrar. these are strong circumstances indicating the genuineness of this will. its attestation in accordance with the requirements of s. 63, indian succession act, has also been satisfactorily proved. the will is also natural in the sense that the beneficiaries are the four daughters and not strangers. it is true that the ..... . 4 at the time of the filing of the amended petition of plaint. she is the wife of tek chand of zira.(3) banarsi dass owned three shops in zira and four houses. he also owned agricultural land ..... minor daughters, were allowed to sue as paupers. the petition to sue in forma pauperis was made on 30th december, 1957, but, as amended, it was filed on 30th december, 1957, but, as amended, it was filed on 8th january, 1960. originally, champa devi had not been impleaded as a defendant, but she was included as defendant no .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-13-1961
Reported in : AIR1962P& H315
..... in that case that it was laid down that the government of india would be liable for damages in the same circumstances as would have been the east indian company and this proposition has never been disputed. it was held that the secretary of state in council of india is liable for the damages occasioned by ..... about his employment. on the facts of it, therefore, there seems no reason why his employer, although the state, should not shoulder the responsibility for his negligent act an ordinary employer would. no consideration of public policy points to the contrary.' in these circumstances after discussing a decision of the rajasthan high court in mst. vidhyawati ..... exercised except by sovereign, or private individual delegated by a sovereign to exercise them no action will lie........ there is a great and clear distinction between acts done in the conducts of undertakings which might be carried on by private individuals without having such powers delegated to them.'on the facts of the case .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-03-1961
Reported in : AIR1962P& H333
..... been referred to a bench, was whether a person who entered india on a pakistani passport with a visa endorsed was a 'foreigner' liable to be repatriated under the indian foreigners act after the expiry of the duration of the visa and whether his deportation could be deferred subject to the examination of him claim set up that he was sometime before ..... attempted to argue that the case of the present respondent was governed by the definition of the word 'foreigner' in the foreigners act as it existed before the amendment of that act which was made with effect from 19th january 1957 by act ii of 1957. the rule laid down in fida hussain v. state of uttar pradesh criminal appl. no. 128 of 1960 ..... from pakistan after march 1956, when he had gone to that country and it cannot be said with certainly that he had entered india prior to the date of the amendment in the foreigners act so as to be entitled to the benefit, if any, of the definition of a foreigner as it existed before the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-03-1961
Reported in : AIR1962P& H425
..... 20-12-1960 any by virture of the provisions of section 22 of the indian limitation act, the suit against the company should be deemed to have been instituted on 20-12-1960 and, consequently, it was barred by limitation. (6) after hearing the ..... the application for compensation filed on 17-11-1959 was well with time. besides, according to the proviso to sub-section (3) of section 110-a of the act, the tribunal could certain the application even after the expiry of the prescribed period of 60 days, if it was satisfied cause from making the application in time. the ..... limited have filed the present petition. (5) learned counsel for the petitioning company has submitted that, according to section 110-a, sub-section (3) of the motor vehicles act, 1939, the application for compensation has to be filed within 60 days of the occurrence of the accident, but the order impleading the company as a defendant was passed on .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-31-1961
Reported in : AIR1963P& H145; 1963CriLJ456
..... cannot be imported while discussing sub-sections (3) and (4) of section 417 of criminal procedure code which has been substituted for the old section by the criminal procedure code (amendment act 26 of 1955). the only portion in the madras judgment which has any bearing on the point which is for consideration before us is where the learned chief ..... made by mst. kaushiya rani, gopal singh was committed to the court of session to stand his trial under section 493 or in trie alternative section 495, indian penal code, but he was acquitted by the learned additional sessions judge on 31st december 1959. by means of a petition dated 22nd april 1960 the complainant moved ..... decisions which prompted the legislature in the year 1922 to set the controversy at rest by amending section 29 ofthe limitation act, it was observed by him that the amendment was rendered necessary not because the word 'prescribed' in part 3 of the act did not mean prescribed by any law for the time being in force but because .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-23-1961
Reported in : AIR1962P& H190; [1962]32CompCas659(P& H)
..... behalf of the respondents is that the call of rs. 2/- was made on 28th february 1947, and the period of limitation prescribed under art. 112 of the indian limitation act is three years from the date when the call is payable. according to this contention the last date was 28th february, 1950. to this contention, the reply on ..... exercise the power of the court of making calls without the sanction of the court. the liquidator was under s. 212(1)(d) of indian companies act 1913, which corresponds to s. 512 of the present act-empowered to exercise that power without reference to the court. it was also observed that the liquidator might, under s. 216 (1)-corresponding ..... the contention of the learned counsel for the respondents is that the provisions of s. 457(2)(iv) as amended have been violated because this power was exercisable only with the sanction of the court. the law before the amendment in 1960 does not affect this application. i am not satisfied that any sanction of the court is required. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-12-1961
Reported in : AIR1962P& H512; (1962)ILLJ577P& H
..... passing a fresh order of dismissal based on the original proceedings and paying the workman his wages up to the 5th of january 1959, the management merely made an amendment to the original order to the effect that he would be paid his salary upto the ist of december 1958, together with one month's wages as required by ..... been taken by a division bench of the bombay high court in premier automobiles ltd v. ramchandra bhimayya, air 1960 bom 390, and again by a division bench in indian extractions private ltd. v. a. v. vyas, air 1961 guj 22. the opposite view has been taken by a division bench of the rajasthan high court in associated ..... article 226 of the constitution which has been referred to a division bench because of certain difficulties arising out of the interpretation of section 33 of the industrial disputes act 1947. the section as a whole deals with the maintenance of the status quo during the pendency of conciliation proceedings or cases proceeding before labour courts and tribunals .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-11-1961
Reported in : AIR1962P& H534
..... good deal of argument has been addressed to us on the first issue which is one of limitation. according to the appellant, it was article 36 of the indian limitation act, which prescribes a period of two years for bringing such suits from the date when the wrong was committed, which should have been applied instead of article 95 ..... the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them'. as has been pointed out in pollock and mulla's indian contract act (8th edition), it was the late mr. justice story's work on bailment and agency, which had acquired a classical reputation, which had been largely used in ..... the appellant has sought to assall the theory of a bailment being created in such circumstances on the ground that the definition of bailment given in the indian contract act would not justify the view that a relationship of bailor and bailee comes into existence between persons who take on rent a locker in a safe deposit .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-09-1961
Reported in : AIR1962P& H495
..... was so signed. (2) where the writing containing an acknowledgement is undated, oral evidence may be given of the time when it was signed; but, subject the provisions of the indian evidence act, i of 1872, oral evidence of its contents shall not be received. explanation i. * * * * explanation ii. for the purposes of this section 'signed' means signed either ..... air 1932 rang 88).(3) on principle i see no difference why the same rule should not apply to an acknowledgement. moreover the language of section 19 of the indian limitation act is very explicit. section 19 is in these terms:'19(1) where, before the expiration of the period prescribed for a suit or application in respect of any ..... -debtor. so also would be the case where a surety and a principal debtor are concerned.there is a catena of cases under s. 20 of the indian limitation act where part payment or payment of interest by the surety or by the principal debtor has been held to be nor enough to save limitation against the one .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-20-1961
Reported in : AIR1962P& H299
..... is extinguished by abandonment or by non-user. the release of easement by the dominant owner may be express or implied. section 38 of the indian easements act gives the cases of extinguishment by release and is modeled on the corresponding english law. section 47 provides extinguishment of easement by non-enjoyment and the ..... 17) according to the above definition, the right of easement as claimed by the plaintiff is discontinuous. to this argument mr. sibbal replied that to punjab the indian easements act has not been extended and, therefore, the above definition cannot be treated as a guide. the position taken up appears to me to be inconsistent. the ..... as it declares, or creates, rights in immovable property, is inadmissible on the ground of non-registration and is also void under section 23 of the indian contract act being without consideration. the value of the right exceeded rs. 100/-. the trial court, however, accepted the plaintiff's contention in the alternative that exhibit .....
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