Court : Punjab and Haryana
Reported in : AIR1956P& H71; [1956]29ITR507(P& H)
..... , and, therefore, section 8a(4) of the taxation on income (investigation commission) act is a bar to these proceedings.in the alternative the petitioners' case is that under the settlement the right to take proceedings was reserved only regarding those items ..... these notices and not to make any assessment on the basis of the above mentioned entries.the petitioners' case is that proceedings under section 34, income-tax act, cannot be taken because these items of income were covered by the settlement, and initiation of proceedings under this section was not expressly allowed under the settlement ..... limited companies and their share-holders before the death of raghunandan saran were the two brothers and their respective wives.2. taxation on income (investigation commission) act, 1947 (30 of 1947) received the assent of the governor general in council on 18-4-1947, and on 15-5-1948, the central government .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H88
..... it was contended that this amounted to appropriation of private property. the learned counsel for the petitioners, however, appeared to disregard the true nature of the economy of an indian village and the pattern of village life. the village common land or shamilat deh comprises not only the uncultivated pasture lands but also the abadi deh, the gora deb which ..... a whole cannot be said to violate the provisions of article 31 of the constitution because it will be exempted by sub-section (2a) introduced by the fourth amendment to the constitution. in this case no private property is acquired by the state or by a corporation controlled by the state. 7. section 18 of ..... order of the consolidation officer whereby he reserved 11 acres of proprietary land for the use of non-biswadars was necessary in order to give effect to the provisions of act 50 of 1948. this order does not amount to appropriation and is therefore valid in every respect. 11. for these reasons i would dismiss this petition but in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H81
..... principle that a man must not be put twice in peril for the same offence, the doctrine of 'autrefois acquit' and 'autrefois convict' as also the fifth amendment of the american constitution which provides 'inter alia' - 'nor shall any person be subjected for the same offence to be put twice in jeopardy of life and limb ..... should take actions underrule 14. perhaps, it would be better for the administration if rule 14 was suitably amended by addingthe words which are contained in the revisionalsections of the punjab land revenue act andthe punjab tenancy act. 14. it is then submitted that if rule 14 was applicable the director could not reopen an enquiry ..... the jail superintendent filed complaints before a magistrate under rule 41(2) of the punjab communistdetenus rules for committing jail offences and under several sections of the indian penal code.it was held that the jail superintendent having taken action under rule 41(1) and having award ed punishment to the detenus could not make .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H85; 1956CriLJ415
..... code. moreover it cannot be said that the ingredients of the offence laid down in section 292, i. p. c., have been repeated in the 1951 act or that the 1951 act qua this provision of indian penal code covers the same ground.11. even if it be held that the publication of obscene matter is an offence and is punishable under the ..... 1951 act as well as under the indian penal code, i am of the opinion that section 292, i. p. c., cannot be held to have been impliedly re-pealed in view of section 26, general clauses ..... , b(sic) shall not be liable to be punished twice for th(sic) same offence.'the statute books of the central and state legislatures are full of enactments in which acts and omissions which are made punishable by indian penal code are also dealt with under special ads and in my opinion this section 26, general clauses .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H58
..... held.25. the supreme court considered air 1954 sc 375 (c). an enquiry was made against venkataraman, who was also a member of the indian civil service, under the public servants (inquiries) act, 1850. this enquiry was conducted by sir arthur trevor harries, an ex-chief justice of the calcutta high court and the charges which he ..... the constitution come into force. mr. sikri informed us that an enquiry into the conduct of lobo prabhu who is a member of the indian civil service was conducted under the same act and after the coming into force of the constitution a similar enquiry was held into the conduct of venkataraman.30. the main argument of ..... immediately before the commencement of the constitution and inquiries into the conduct of certain members of the indian civil service were admittedly held under the provisions of this act. in any case this act does not give the members of the indian civil service less favourable rights as respects disciplinary matters than the provisions of rule 55 of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H122; 1956CriLJ654
Bishan Narain, J.1. The three appellants before us were tried under Section 452, I. P. C., for having committed criminal trespass in the house of Kartar Singh (P. W. 14) on the night between the 12th and 13th of January 1954 with the intention of committing theft of his cattle after having made preparation for causing hurt to the inmates of the house, and under Section 302/34, I. P. C., for having murdered Waryam Singh and also under Section 323/34 and Section 324/34 I. P. C., for having caused hurt to Jogindar Singh and Sundar Singh.The Additional Sessions Judge, Amritsar, convicted all the accused persons under Section 452, I. P. C., and sentenced them to two years' rigorous imprisonment each. He also convicted them under Section 323/34, I. P. C., awarding a sentence of four months' rigorous imprisonment each, but the sentences under both the counts were ordered to run concurrently. He, however, acquitted them of all the other charges framed against them,The appellants have appealed ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H243
..... long: see also -- 'pratapsingh v. kishan prasad and co.', 33 bom lr1357: (air 1932 bom 68) (j). at page 132 aregiven some of the indian decisions where it washeld that the act of an arbitrator proceeding exparte without sufficient cause of refusing or failing to give reasonable opportunity to all parties amounts to legal misconduct. 14. as in my ..... the award had been made on the date on which it purports to have been made. 16. i hold therefore that-(1) the arbitrator did not purport to act under the special powers given to him; (2) the request of the defendants was reasonable and the arbitrator should have fixed the date convenient to the defendants because ..... such agreements are, effective and in such cases awards cannot be set aside, but as i have said above there is nothing to indicate that the arbitrator was acting under these powers and therefore the cases quoted by the respondent where the awards were upheld under arbitration agreements giving full power to the arbitrator to decide the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H93
..... was as to the extent to which the english doctrine of implied term dealing with cases of frustration is applicable. it was held that to the extent that the indian contract act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of english law dehors the statutory provisions.40. ..... us to emphasize that so far as the 'courts in this country are concerned, they must look primarily to the law as embodied in sections 32 and 56 of the indian contract act, 1872.'39. the matter was again discussed in the judgment of mukkerjea j. in satyabrata ghose v. mugneeram bangur and co., 1954 scr 310: (air 1954 sc 44 ..... , mr. bharat ram and mr. charat ram, tirloki nath spinning superintendent, n. m. mukerji deputy general manager and jat kishan das gupta costing officer, under s. 420, indian penal code, in the court of a magistrate at delhi. in this complaint he alleged that the accused had all along intended to deceive him and that they had actually .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H235; 1957CriLJ1168
..... by an objective test in a court of law. such detention orders are passed on information and materials which may not be strictly admissibly as evidence under the evidence act in a court, but which the law, taking into consideration, the needs and exigencies of administration, has allowed to be considered sufficient for the subjective decision of ..... so made shall, for the space of not more than six months from the promulgation, have the, like force of law as an act passed by the indian legislature; but the power of making ordinance, as the power of the indian legislature to make laws; and any ordinance made under this section is subject to the like disallowance as an ..... act pass-ed by the indian legislature and may be controlled or superseded by any such act.' (2) there must be a rational connection between the grounds stated by the government and the objects which are to be prevented under the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H125
..... expressly or impliedly' supersede it. on the contrary it states that one of the clauses in the document is not correctly recorded and then proceeds to give the amended version of it. in the 1943 document it is stated that as a matter of fact the agreement of the parties at that time was that the share ..... , however, this has not been done. in fact, the arbitration agreement is applicable even 'after the partnership'. i may point out that before the enactment of the indian arbitration act, 1940, their lordships of the privy council had held in -- 'ramdutt ramkissen das v. e. d. sassoon & co., air 1929 pc 103 (a), that--'although the ..... effect must be imported into the agreement of submission.'.this view of the law was accepted by the indian legislature and section 37(1) was introduced in the indian arbitration act, 1940, laying down that all the provisions of the indian limitation act shall apply to arbitrations as they apply to proceedings in court. this statutory provision shows that it is .....
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