Court : Punjab and Haryana
Decided on : Feb-28-1961
Reported in : AIR1961P& H443
..... the gratuity would be paid to their servants on their retirement.23. in air 1933 cal 409, the employee who was claiming gratuity, was in the service of east indian railway and had been discharged. according to rule 1 of the rules for the grant of gratuities, it was stated that bonuses were to be given at the discretion of ..... the facts of the case that there was relationship of agent and principal between the plaintiff and the defendant and that the article applicable was article 90 of the limitation act, his lordship then proceeded):the agency in this case was created for specific items and with respect to each one, a separate amount had been received by the ..... recompense and it cannot be demanded as of right, as it does not involve a return of consideration. gratuity is voluntarily given by way of favour and as an act of grace.gratuity is not founded on any legal liability but is a mere bounty stemming from appreciation and graciousness and, therefore, it is capable of being given or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-20-1961
Reported in : AIR1962P& H559
..... it was objected that the prosecution could not proceed without the prior requisite sanction of the district magistrate as contemplated by the provisions of section 29 of the indian arms act, 1878 (xi of 1878). the learned trial magistrate by his aforesaid order repelled the objection. the said order dated 29-2-1960 was called in question ..... to be invalid.'(6) following the dictum in air 1960 all 369 (fb), i would unhesitatingly hold that the entire provisions of section 29 of the arms act were repugnant and must be struck down. it section 29 is unconstitutional and rendered ineffective and inoperative in extenso, sanction by the district magistrate for prosecution under section ..... delhi. the order dated 29-2-1960 of the court of the first instance directing continuance of the trial for the offence under section 19(f). arms act, without the alleged sanction of the district magistrate was impugned.(2) on 26-6-1959 the petitioner was found being in possession of a loaded english pistol without .....
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 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-17-1961
Reported in : [1962]44ITR303(P& H)
..... section 34 made in 1948 was not retrospective.the learned single judge who heard the petition held that the first ground was not made out but, that the amending act of 1948 was not retrospective and on this ground he passed an order prohibiting the income-tax officer from continuing the proceedings. in appeal under clause 10 of ..... 49 and 1949-50 (petition no. 5d of 1958), and although in all the petitions the reassessment of the companys income under section 34(1)(a) of the indian income-tax act is challenged, the position is somewhat different regarding the different assessment years.three of the years, covering the period 1944-47, fall into one group. assessments were ..... the assessment years 1944-45 to 1946-47 the assessee had income from dividends, interest on securities, share dealings and sale of cloth to the then british indian parties (including the government of india), which far exceeded rupees one lakh in each year. income from the above sources is clearly tax-able under the .....
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 : 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 : 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-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-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-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!