Court : Punjab and Haryana
Decided on : Apr-24-1961
Reported in : AIR1961P& H439
..... not prepared to regard a fair and ordinary bargain for time in consideration of a reasonable rate of interest as an attempt to give jurisdiction to a court to amend or vary the decree. such a bargain has its effect upon the parties' rights under the decree, and the executing court under section 47 has jurisdiction to ..... any case mere consent of the parties cannot confer such a jurisdiction on the executing court. this line of reasoning is not without support from other decisions of indian high courts, though authority and practice to the contrary is also to be found. on this difficult and important question, their lordships are not in agreement with ..... , not possible to say whether one or the other decree still remains unsatisfied.actually, however, no such difficulty arises for sections 59 to 61 of the contract act provide for a contingency and when there is no indication as to appropriation and the creditor does not specifically appropriate the payments to a particular debt, the payments .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-18-1961
Reported in : AIR1962P& H85
..... is an appeal from the order of the subordinate judge, 1st class. hissar, staying the proceedings of a suit on an application made under s. 34 of the indian arbitration act, 1940.(2) it appears that the appellant entered into a contract with the government (public works department) for the excavation of earth in connection with the bhakra-main ..... that there was a valid agreement between the parties to refer the matter to arbitration and the suit was liable to be stayed under section 34 of the indian arbitration act. he consequently, stayed the suit and ordered that the dispute be referred to the arbitration of the superintending engineer as stated in the work orders. the ..... 80, civil procedure code, was given on 19-9-1955.(3) on receiving the notice of the suit the punjab state filed an application under s. 34 of indian arbitration act, praying that the suit should be stayed as there was an arbitration clause in the contract which mentioned that in matters of dispute the case shall be referred .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-12-1961
Reported in : AIR1962P& H321
..... courts below and which has also been argued before me is about limitation. the court below have held the suit to be within time and applied article 120 of the indian limitation act. but as i look at the matter, i do not see how the question of limitation arises at all. so far as the appellant is concerned, the shares were ..... owed by him on the due date or after notice by the pledgee for its payment. for this the learned counsel relies on the provisions of section 176 of the indian contract act, which are in these terms:'if the pawner makes default in payment of the debt, or performance, at the stipulated time of the promise, in respect of which the ..... demand was a wrongful conversion of the securities, for which they are liable to pay damages; still, the only question is, what damages has the plaintiff sustained by such wrongful acts of the defendant, assuming them to be wrongful. from this point of view the present case is not distinguishable from that johnson v. stear, 15 cb (ns) 330 and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-05-1961
Reported in : AIR1961P& H509
..... court in ganshamdoss narayandoss v. gulab bi bai, ilr 50 mad 927 : (air 1927 mad 1054). it was held therein that section 187 of the indian succession act corresponding to s. 213 of the indian succession act, 1925, is a bar to everyone claiming under such a will, whether plaintiff or defendant.no will could be set up either to assert or defeat ..... whose basis for the claim was a will in respect of which no probate has been sought or granted. under sub-section (1) of section 370 of the indian succession act-'a succession .....shall not be granted under thispart with respect to any debt or security to which a right is required by section 212 or section 213 to be ..... annexed, have been granted, no right under the will can be established by an executor or a legatee.'4. it is indeed a matter of surprise that the trial court acted on the basis of a will without any proof of its due execution or probate. the order appealed from, therefore, cannot be sustained either in its reasoning or conclusion. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-04-1961
Reported in : AIR1961P& H426
..... the latter full bench decision in air 1952 punj 335.11. the law in punjab has been amended by the punjab court-fees (punjab amendment) act (xxxi of 1953) by the addition of following proviso to clause (iv) of section 7 of the court-fees act, 1870,'provided further that in suits coming under sub-section (c) in cases where the relief ..... is with reference to any property such valuation shall not be less than the value of the property calculated in the manner provided for by clause (v) of this act.'this amendment, however, does not affect the decision in this case because the plaint was instituted in a pepsu court on 12th may, 1953 before the merger of pepsu in ..... of the order of the court granting the succession certificate that the possession changed hands. the learned counsel for the respondent has relied upon section 209 of the indian succession act which saves the right to bring a suit. it is true that the right of the aggrieved party to establish his title by filing a regular suit is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-29-1961
Reported in : AIR1962P& H548
..... creates doubt about his bona fides, and the fact that he omitted to prepare the relevant memo under section 10(7) of the prevention of food adulteration act, further makes the entire prosecution case doubtful.(27) for the foregoing reasons, we find no substantial or compelling reason to interfere with the order of acquittal and ..... inspector was required to take samples in the presence of at least two independent persons. a similar provision existed in the rules framed under the pure food acts of other states as well. the legislature, apparently, attached a good deal of importance to this salutary provision of law as a safeguard against victimization, chicanery ..... had been previously convicted, the learned magistrate sentenced him to one year's rigorous imprisonment plus a fine of rs. 2000/-, the minimum sentence prescribed under the act for a previous offender. in default of payment of fine, sadhu singh was ordered to undergo six month's rigorous imprisonment.(3) sadhu singh appealed to the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-28-1961
Reported in : AIR1961P& H565
..... recovered under section 48. it was submitted that sub-section (3), which saved limitation, applied only to those cases in which the amount became recoverable after the amending act was passed. a careful reading of the section, however, makes it quite clear that what the section is dealing with is the amounts found due irrespective of when ..... to this matter, this is what the learned judges observed :'it is, therefore, manifest that the amending act has been made expressly retrospective with effect from 22-10-1956. *****it is clear therefore, that on the date the amending act came into force the right of the certificate authorities to proceed against the petitioner for recovery of the ..... 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.'6. sub-section (2) set out above leaves no doubt .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-20-1961
Reported in : AIR1961P& H515; (1962)ILLJ526P& H
..... order of dismissal, the tribunal was not, in the circumstances of the present case, limited to the four grounds laid down by their lordships of the supreme court in indian iron and steel co., ltd., v. their workmen, 1958-1 lab lj 260: (air 1958 sc 130).it is conceded by the petitioners that they have not framed ..... ;(ii)-(x) * * * * * *' in shalimar rope works mazdoor union, howrahv. shalimar rope works ltd., 1953 lab ac 584,it was held by the labour appellate tribunalthat--'an act will be subversive of discipline even if standing order did not specifically mention it as misconduct, such as a fight in the factory between two workmen during working hours over ..... justify interference under the extraordinary powers conferred on this court by article 223 of the constitution of india. it is averred fcy them that the industrial tribunal has acted within jurisdiction and that the award given by the tribunal is correct in every respect.5. the case for the petitioners has been argued before me by mr. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-17-1961
Reported in : AIR1961P& H524; 1961CriLJ687
..... petition:(1) that proceedings in case f. i. r. no. 84, dated the 14th september, 1958, police station, chandi mandir, under section 19 of the indian arms act, pending in the court of shri b.d. thapar, magistrate first class, ambala, be quashed or alternatively it may be ordered to be tried by the sessions ..... guarantees; and, indeed, the facilities provided to the petitioner for approaching this court and arguing his case is proof positive of the legal position according to the indian republican jurisprudence.now, article 14 of the constitution to which the petitioner appealed in support of his prayer merely provides for equality before the law. in other ..... the court is empowered to pass an order of solitary confinement, this power is circumscribed by the limitations laid down by the legislature in section 73, indian penal code. but the jail authorities have transgressed all those limitations and have continuously been keeping the petitioner in solitary confinement in actual practice.6. this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-10-1961
Reported in : AIR1961P& H489
..... hindu to dispose of by will or other testamentary disposition property, which is capable of being so disposed of by him, in accordance with the provisions of the indian. succession act or of any other prevailing law applicable to hindus. the explanation to this section undoubtedly lays down that the interests of a male hindu in a mitakshara coparcenary property ..... the legislature to fill in gaps or omissions. in this connection, it would not be out of place to mention that the hindu succession act, as its preamble shows, has been enacted by parliament primarily to amend and codify the law relating to intestate succession among hindus.it is, therefore, a little difficult to spell out, by process of construction ..... of the statute, is helpful in removing the anomaly, for if it is not so capable, then the remedy does not lie in interpretation but in its amendment by the legislative branch of the government, which alone is invested with law-making power.24. section 4 of the hindu succession .....
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