Court : Punjab and Haryana
Reported in : AIR1952P& H265
..... joy chand lal v. kamalaksha', 76 ind app 131 (pc), where at page 142 it was said: 'there have been a. very large number of decisions of indian high courts on section 115, to many of which their lordships have been referred. some of such decisions prompt the observation that high courts have not always appreciated that ..... although error in a decision of a subordinate court does not by itself involve that the subordinate court has acted illegally or with material irregularity so as to justify interference in revision under sub-section (c), nevertheless, if the erroneous decision results in the subordinate court exercising ..... parties litigating under the same title. even if on grounds that statutory prohibitions such as those of section 11 of the code and section 3 of the limitation act do not amount to the deprivation of jurisdiction but are only prohibitions to the exercise of it, it seems to me that action by a court directly .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H351
..... punjab and the punjab state. the nature of the writ claimed and the reasons therefor will be apparent from the following facts.2. the petitioner was appointed to the indian. service of engineers on the 10th of february 1921. he was originally appointed as assistant executive engineer in burma and thereafter he served in various capacities in the public ..... departmental or any other enquiry or taking any action against the petitioner or any action depriving the petitioner of his pension or any part thereof on account of any act or conduct of the petitioner prior to the 17th of october 1950.'the substance of the petitioner's complaint is that the punjab government or its officers are ..... adapted by the india provisional constitution order of 1947 but i have referred to it in order to show that even under the government of india act as it originally stood the pension due to a government servant could, in certain circumstances, be reduced.5. the main contention of the petitioner, however, is that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H389
..... 10. in para no. 12 of the application under article 226 of the constitution the applicant maintains: 'by virtue of section 17 of the administration of evacuee property act as amended by act xxii of 1951, the petitioner firm is de-barred from executing the decree against the property of evacuees. it is submitted that the aforesaid section as ..... enquiry into the matter and pass an order declaring any such debt to be evacuee property, whether the debt be time barred or not. section 28 of the indian limitation act does not apply to suits for the possession of property which cannot be recovered in specie e.g. debts whether ordinary or judgment debts. that being so in ..... . in other words it has to be shown that the provisions of sections 4, 9 and 48 of the act conflict directly with the provisions of the indian limitation act which prescribe limitation for the recovery of debts. on this point what i said (soni j. concurring) in 'custodian evacuee property v. simla banking and industrial co.', 53 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H340
soni, j. 1. in march 1948, an income-taxofficer issued a certificate under section 46(2)of the indian income-tax act in which it wasstated that a firm called messrs. rur chand kishori lal were in arrears of income-taxto the extent of rs. 1,75,000/- odd onaccount of income- ..... by the tehsildar on the 14th of august 1948. therefrom the firm put an appeal before the collector. before the appeal was decided, the firm brought a suit against the indian dominion and against rur chand-kishori lal. during the pendency of the case, rur chand was declared insolvent and the official receiver was made a party. the collector dismissed the ..... jurisdiction have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is eitherexpressly or impliedly barred. there is no doubt that the land revenue act would expressly and impliedly bar matters concerning the collection of land revenue where the property from which the land revenue is to be had ex facie belongs to the defaulter .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H309
..... allgeyer v. state of louisiana', (1897) 165 u. s. 578. at p. 589 the supreme court denning 'liberty' said:-'the liberty mentioned in the fourteenth amendment means not only the right of a citizen to be free from the mere physical restraint of his person as by incarceration, but the term is deemed to embrace the ..... is the duty of the judges to declare it to be so. in 1791, due process passed into the federal constitution with the adoption of the fifth amendment which provided that'no person shall........ be deprived oflife, liberty, or property without due process of law.'before 1850, due process was interpreted by american courts ..... vires' the constitution because its provisions with regard to the detention in camps of 'abducted persons' violate the rights conferred upon the indian citizens under article 19 of the constitution? '(2) is this act 'ultra vires' the constitution because it violates the provisions of article 22 of the constitution?'(3) is the tribunal constituted under section .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H3
..... 13 in part iv of the regulations.10. it is perhaps convenient at this stage to set out the various provisions of the east punjab university act, 1947, as amended by the act of 1948 and the ordinance of 1949. section 20 prescribes the constitution of the syndicate and its powers. sub-section (1) of this section ..... examinations, be disqualified from passing any examination in that year and in the next year: -- (i) matriculation or school leaving certificate examination;(11) examinations in modern indian languages; and(iii). proficiency and high proficiency examinations in sanskrit, arabic and persian; and in the case of other examinations, he shall be disqualified from passing any ..... , it would be better to confine ourselves to english precedents on this question because the american due process clause has not been adopted in india and indian courts have so far been following the decisions of english courts and no occasion has arisen for departing from that practice.48. i cannot see how any .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H400
..... shall be liable to arrest or imprisonment in execution of any decree for the recovery of any debt whether passed before or after the commencement of the act. section 31 contains amendment to section 60 of the code of civil procedure. section 32 deals with the scaling down of debts where on the application of displaced debtor under section ..... person is entitled to claim the benefit of clause (1) of section 19 or of section 20 in proceedings taken by a company under the indian companies act before a court empowered under the indian companies act to deal with such matters, and that there is no scope for the intervention of the tribunal in such a matter.15. this argument ..... has its force but is not in my opinion conclusive that other provisions falling in chapter ii of the act should not be deemed to be provisions relating .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H129
..... only raises the question as to the meaning of the word 'purposes' occurring in section 177(1) of the act and article 8 of the order. section 150 of the act provides:'150 'expenditure defrayable out of indian revenues'. (1) no burden shall be imposed on the revenues of the federation or the province except for the purposes ..... stores in question were held by the governor-general in council immediately before 15-8-1947, for the purposes of the indian forces and on the partition of the country under section 2 of the independence act the defence order gave exclusive control over those stores to the joint defence council. as stated above, section 11(1) ..... of the independence act authorized the governor-general to make provisions for the division of the indian armed forces of his majesty between the new dominions and for the command and governance of those forces until the division was .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H407
..... on the 28th june 1944. in this suit he claimed possession of the house in dispute and a decree for mesne profits of rs. 3,240/-. after two amendments the finally amended plaint was filed in court on the 26th february 1946 and is printed at page 30 of the printed paper book. several pleas were taken by the defendants who ..... is not postponed until after the grant of the certificate.14. another argument which has been put forward by appellant's advocate is that under article 138 of the limitation act the timebegins to run against an auction-purchaser, when the suit is brought against a judgment-debtor in possession, from the date when the sale becomes absolute and when ..... symbolical possession has been obtained the article appli-cale is article 144 of the limitation act. two rulings have been relied upon by the learnedtrial judge. the first is -- 'ram chand v. jana', a.i.r. 1921 lah. 236 (2). that was acase of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H30
..... nature of the order of the government. in order to determine this it is necessary to refer to certain provisions of the court of wards act. the act is a consolidating and amending act. in the statement of objects and reasons it is stated in paragraph 3 that the chief objects of the bill were to enlarge and at ..... principles laid down in -- 'keshavan madhva menon's case', (1951) s. c. r. 228, related to substantive right acquired or liabilities incurred under the indian press (emergency powers) act before the constitution. under what procedure the rights and liabilities would be enforced did not come up for consideration in that case.....in the absence of any special ..... by mukherjea j. as most drastic and against the general law of the land as laid down in the indian companies act in regard to the administration and management of the affairs of a company. that act had been passed because there were allegations of mismanagement and neglect and a situation had arisen by which the affairs .....
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