Court : Punjab and Haryana
Reported in : AIR1952P& H146
..... us. we are informed that the document was impounded by the subordinate judge and it will be for him now to take such further action under section 38 of the indian registration act, if not already taken, as may be necessary. 8. i would allow the appeal, set aside the order of mr. justice achhru ram and restore that of the subordinate ..... singh v. jagarnath kuari', 11 pat 272, he held that the apparent declaration of title appearing in the award was not such declaration as contemplated by section 17 of registration act and that the subordinate judge was wrong in holding that the award was compulsorily registrable & that it could not be admitted in evidence by reason of not having been registered .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H99; [1952]22CompCas146(P& H)
..... in regard to this claim the company should at that time have objected to the right of amrit rai sood to bring this application. under section 162 of the indian companies act only a creditor to whom a sum of rs. 500/- or over is due can bring an application for winding up. if nothing was due to amrit ..... . 8 of the financiers agreement dated 8th february 1947, and the managing agents are authorised to hand over the charge by the 12th instant.results.2. the resolution discussed, amendment proposed by mr. c. r. govlani and supported by l. atma ram that for the completion of the picture immediately funds needed are rs. 60,000/- by deferring ..... , all or any of the powers & privileges conferred by an indenture of partnership constituting the firm of b.w. & co. & generally to do, execute, & perform any other act, deed, matter, or thing whatsoever... .in or about my concerns, engagements & business of every nature and kind whatsoever.' it was held that the former words restrained the generality of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H214
..... or whether it is of a type which can be ignored under the provisions of section 537, criminal procedure code. our attention was also drawn to section 165 of the indian evidence act, which empowers a court to question a party which includes an accused person, in order to discover or obtain proper proof of relevant facts. if any facts are ..... 1st class and the trial was held by mr. gurdjal singh, additional sessions judge, amritsar. the learned judge found dara singh and indar singh guilty under section 302, indian penal code, and sentenced dara singh to death and indar singh to transportation for life. he found that the case against the companions of these persons was not proved ..... 'trial or other proceeding under this code'. a reference may also be made to the powers of appellate courts in england. section 9 of the criminal appeal act, 1907, authorises the court of criminal appeal to call for fresh evidence, order the production of document or exhibit, summon witnesses and to do various other .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H124
..... fodder amongst the essential commodities. there has been no further addition to the list of essential commodities by any other amending act though one such act was passed on 23rd december 1950 being act lxxii (72) of 1950. the supply and prices of goods act is act lxx (70) of 1950 passed in the same year on the same day, the 23rd december 1950. this is ..... the two acts amending it in 19_50 and the date of passing of supply and prices act in 1950 are as significant as their contents.9. in 1946 the british parliament passed an act called the india (central government. & legislature) act, 1946 (9 & 10 geo vi c. 36). section 2 of this act enacted as follows:'notwithstanding anything in the government of india act, 1935, the indian legislature .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H172
..... be liable for the negligence of its agents, (2) that the authorities show that such a contract can be entered into, (3) that in spite of section 192 of the indian contract act it is open to the agent; to contract out of his liability, (4) that the view taken by sankaran nair, j., is, with very great respect to the learned ..... v. bugwandas', 18 ind app 121 pc at p. 129, lord macuaghten said as follows:'the act of 1872 (indian contract act) does not profess to be a complete code dealing with the law relating to contracts. it purports to do no more than to define and amend certain parts of that law. no doubt it treats of bailments in a separate chapter. but ..... was an ambiguous clause and therefore did not protect the defendant, the city bank, and secondly that in view of section 192 of the indian contract act, the bank could not contract out of its liability for the acts of its agents. as neither party has raised the question of 'lex contractus' i must apply the law of this country which the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H222
..... arises in the present case.'17. in the present case it is said that the auction-sale contravenes 'inter alia' the provisions of section 60 of the act as amended by punjab act no. iii of 1939. if so, the insolvency judge was wrong in thinking that inasmuch as no objections had been preferred in the court of the insolvency ..... the sale contravened the provisions of order xxi, rules 66, 72 and 90 of the code and section 60 of the provincial insolvency act, 1920 as amended by punjab act no. 111 of 1939, hereinafter referred to as the act.5. prom the order passed by the commissioner on the 27th of may 1943 'shri' sadda lal went to the financial commissioner ..... code are applicable to insolvency proceedings, and the limitation applicable to a petition for setting aside a sale in insolvency proceedings is thirty days under article 166 of the indian limitation act. prom a perusal of the judgment in air 1921 nag 25, it appears that in that case the court was considering the effect of section 47 of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H284
..... intention appears, property and rights and interests in property acquired with money belonging to the firm are deemed to have been acquired for the firm.'29. in the indian partnership act by pollock and mulla 1st edition at page 40 the statement of law on the point under consideration is stated to be that land bought in the name of ..... as alleged in paragraphs nos. 15 and 16 of the written statement of defendant no. 1? (4) which is the accounting party? (5) whether section 69 of the indian partnership act would bar the present suit? (6) what is the date when the partnership shall be deemed to be dissolved? (7) whether the accounts up to the 31st of december ..... between the parties to share the profits, in the absence of other circumstances, partnership should be held to be established whereas section 6 of the indian partnership act, 1932, hereinafter referred to as the act, enacts that receipt by a person of a share of profits of a business does not of itself make him a partner with the persons .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H197
..... legatee dies during the lifetime of the testator, the will to the extent of the devise left to such devisee lapses and there is intestacy to that extent. in the indian succession act in section 107 it is stated -'if a legacy is given to legatees in words which show that the testator intended to give them distinct shares of it, then ..... for the appellant had not put in an affidavit. in my opinion, it was a mistake pure and simple, and, therefore, the learned judge was in error in disallowing the amendment at that stage. i would, therefore, allow the case to extend to the whole of the property which was men-tioned in para 4 of the plaint. counsel for the ..... reply of the defendant was that the property mentioned belonged to ramsaran das and was covered by the will. on the 19th august 1947 hem raj made an application for amendment say-ing that by a mistake the suit was confined to clause (rey) of the property given in para 4 and that really he wanted to claim the whose as .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H200
..... jurisdiction has been fixed by the court it would seem that under no circumstances can it be changed. section 11 of the suits valuation act has been made the subject of a local amendment in the punjab by act xiii (13) of 1942 which came into force on the 22nd of november 1942, and was probably drafted in conjunction with the ..... court as a regular first appeal on the 16th of june 1949 and later on the 14th of july 1949 an application was filed under section 5 of the indian limitation act. also, on the 11th of july, 1949 a revision petition was filed against the order of the senior sub-judge holding that he had no jurisdiction to entertain ..... was held that this valuation for purposes of jurisdiction by the plaintiff was wholly unnecessary, since the value for jurisdiction was determined under section 8 of the suits valuation act; by his valuation of the relief sought for purposes of court-fee and that the plaintiff could not be prejudiced or damnified merely because he added to the plaint .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H145; [1953]23CompCas235(P& H)
..... delhi, dated 19-2-1952 rejecting an application made by the plaintiff for ordering the transfer of the case to the bombay high court under section 11, banking companies (amendment) act, act 20 of 1950.2. the discount bank of india, limited, delhi, which is now in liquidation, brought a suit for the recovery of rs. 1,93,197/7 ..... a banking company incorporated outside india which is being wound up, where its principal place of business is situated, and notwithstanding anything to the contrary contained in the indian companies act, 1913 (7 of 1913) or in any notification, order or direction issued thereunder or in any other law for the time being in force, no other court ..... the winding up of a banking company'.under section 45b the powers of the court aregiven in the following words:'(1) notwithstanding anything to the contrarycontained in the indian companies act, 1913(7 of 1913) or in any other law for the timebeing in force, the court shall have fullpower to decide all claims made by or .....
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