Court : Punjab and Haryana
Decided on : Sep-18-1961
Reported in : AIR1963P& H225
..... prevail over the general, the powers conferred under section 48 cannot he affected by the provisions embodied in clauses (i) and (j) of section 10(2) of the act.the effect of an amending act was considered in d. r. fraser and co., ltd. v. minister of national revenue, 1949 ac 24, and it was observed at page 33 that when an ..... amending act altered the language of the principal statute, the alteration must be taken to have been made deliberately. that rule, which is firmly established in the law of interpretation of ..... or other authority. (3) for the purposes of this section, a sum shall be deemed to be payable to the custodian notwithstanding that its recovery is barred by the indian limitation act, 1908, or any other law for the time being in force relating to limitation of actions.' the previous pronouncements related to the ambit and scope of the old section. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-13-1961
Reported in : AIR1962P& H167
..... this petition, set aside the judgment of the trial court and hold that there award in question requires to be stamped in accordance with the provisions of the indian stamp act before it is filed and made a rule of the court. in the circumstances of this case, however, i would leave the parties to bear their own ..... , they filed the present application in the court to the subordinate judge, 1st class, delhi, under section 6 of the arbitration (protocol and convention) act and section 17 of the indian arbitration act for the enforcement of the foreign award. the petitioner raised a preliminary objection that the award was inadmissible in evidence, having not been duly stamped. the ..... order(1) the only question for decision in this revision petition is whether a foreign award has to be stamped in accordance with the provisions of the indian stamp act, 1899, before it is filed and made a rule of the court in india.(2) it appears that there was some dispute between the respondent, messrs. m. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-11-1961
Reported in : AIR1962P& H121
..... had been created was completed as soon as the drafts were dispatched under the terms soon as the drafts were despatched under the terms of section 201,indian contract act, and the fiduciary relationship then came to an end and consequently the alliance bank was simply a credit of the amritsar bank entitled to receive payment ..... as a preferential creditor. after considering the law on the point the learned judges of the division bench accepted the appeals of suganchand and co. and the indian mutual life association and ranked them as preferential creditors, but dismissed the appeal of the canara bank limited. the ratio of the decision in favour of two ..... returned unpaid with the endorsement 'no advice. present again.'(9) in the third case the hanuman bank had apparently been acting as agent for the collection of premiums through its various branches for the indian mutual life association. the premiums thus collected by the branches were to be remitted monthly by drafts payable at madras and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-08-1961
Reported in : AIR1962P& H239
..... movable and immovable (including claims due to him) which are not liable to attachment either under the code of civil procedure 1908 (act v of 1908), as amended by section 31 of the act or under any other law for the time being in force a specification of the values thereof and of the places where the same ..... applications and applications dismissed under order ix, rule 3 of the code. of course, the bar of limitation would operate by virtue of the provisions of the indian limitation act, but that has nothing to do with the maintainability of the application. therefore, in view of the clear provisions of the code which do apply to all ..... further application for the same purpose shall lie.'section 53 makes the indian limitation act applicable and is in these terms:'53. subject to the other provisions contained in this act, the indian limitation act, 1908 (ix of 1908), shall apply to the institution of any proceeding under this act, and, for the purpose of determining and computing the period of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-05-1961
Reported in : AIR1962P& H101; [1962]32CompCas125(P& H)
..... over, tyranny. in india, prior to the constitution, the principle was given a limited recognition in the criminal procedure code, in respect of accused persons, and in the indian evidence act, so far as it affected witnesses. the earlier criminal procedures for courts in the presidency town, and in the mofussil, were consolidated for the first time by ..... be shown that there is rational connection between the possible answers to the questions of the prosecution for any crime and not merely remote possibility of prosecution. the fifth amendment has been construed, as was said in brown v. walker, (1895) 161 us591 : 40 law ed819, to effect a practical and beneficent purpose not necessarily ..... appeals in maffie v. united states, (1954) 209 f. 225(227) and magruder c. j. said:'our forefathers, when they wrote this provision into the fifth amendment of the constitution, had in mind a lot of history which has been largely forgotten to-day. see viii wigmore on evidence (3rd ed, 1940) art. 2250 et .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-29-1961
Reported in : AIR1962P& H170; [1962]32CompCas994(P& H)
..... 11) the word 'suit' is not defined in the indian partnership act. in hansraj gupta v. dehra dun mussoorie electrict tramway co. ltd., air 1933 pc 63, it was observed by their lordships of the privy council as under ..... dass's case, (s) air 1957 punj 159, it was wrongly conceded that these proceedings were not a 'suit' and s. 69(2) of the indian partnership act had no application to the same. he argued that the respondent-firm, therefore, could not file the present application against the petitioner-bank, unless it was registered.( ..... 3 were displaced persons from pakistan.(3) this application was opposed by the petitioner-bank, which pleaded that the respondent firm was not duly registered under the indian partnership act; that the respondents were not displaced persons; that out of the bills in question, only some had been actually realized; an that the petitioner-bank was .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-23-1961
Reported in : AIR1962P& H293
..... modification of the decree and consequently, it could not be stated as an agreement. apart from that, it was urged that by virtue of section 36 of the indian stamp act, any document--whether an original or a copy--which is once admitted could not be rejected after. on behalf of the respondent it was urged that section 36 ..... the contention of the learned counsel but interpretation of section 36 was not directly in issue and the case was decided on another point. section 35 of the stamp act deals with the instruments which are not duly stamped and are, therefore, inadmissible in evidence but can be admitted into evidence, if they are not of a certain ..... rule 2 for certification of the adjustment outside the court, the same should have been brought within ninety days of the adjustment as provided under article 174 of the limitation act. he, however, went into the other issues and held that there was a compromise as alleged and that the payments had been made in pursuance of the settlement. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-11-1961
Reported in : AIR1961P& H560
..... of the controversy, the petitioner, jyotsna raje, is the daughter of h. h. the maharaja of samthar who, after the merger of samthar state with the indian dominion (now indian union) is permanently residing in lucknow (uttar pradesh), and his daughter jyotsna raje petitioner is residing with her father in lucknow. jagpal singh, who is an executive ..... (air 1961 punj 42) where it has been succinctly stated that if the amounts of expenses and maintenance pendente lite under section 24 of the hindu marriage act are not made available to the applicant immediately, then its object and purpose stands defeated.in my opinion the learned district judge was certainly in error in not ..... hissar, praying that the proceedings in the main case be stayed till the decision of the application for maintenance pendente lite under section 24 of the hindu marriage act. this prayer was disallowed on 12th april 1961.4. with respect to case no. 2 it is averred that the petitioner filed her written statement on 23rd .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-10-1961
Reported in : AIR1962P& H94
..... 68-a the undertaking may be carried on not only by the state government but by five other different institutions. the undertaking is made a statutory authority under the amending act with a right to initiate the scheme and to be heard by the state government in regard to objections filed by the persons affected by the scheme. while in ..... the u. p. act a board hears the objections, under the amending act the state government decides the disputes. the provisions of the scheme, the principles of compensation and the manner of its payment also differ in the two ..... court's decision and that of the supreme court. but this apart, in my opinion, the law laid down by the supreme court is binding throughout the union of indian and therefore for the purposes of deciding the instant case i would prefer to confine myself to the law as laid down by the supreme court. (6) the counsel .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-09-1961
Reported in : AIR1962P& H204
..... case, (1955) 1 scr 290: (air 1954 sc 569) dealt with section 3(1) of the patna administration act, 1915, (bihar and orissa act i of 1915) as amended by patna administration (amendment) act, 1928 (bihar and orissa act iv of 1928) and with a notification issued by the governor of bihar picking out section 104 out of the bihar ..... the wives and daughters of the owners of liquor establishments was held by a majority of the court not to violate the equal protection clause of the fourteenth amendment. likewise, a city regulation which prohibited advertising vehicles in city streets, but permitted the putting of business notices upon business delivery vehicles, so long as ..... the object of the legislation vide 'royester guano co. v. virginia' (1919) 64 law. ed. 989; 'frost v. corporation commission' (1928) 73 law ed. 483; 'hartford steam boiler inspection and insurance co. v. harrison' (1936) 81 law. ed. 1223 and 'wheeling steel corporation v. glander' (1948) 93 law ed. 1544' (page 692 of the report) .....
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