Court : Punjab and Haryana
Decided on : Feb-18-1982
Reported in : AIR1982P& H301
..... to acquire, hold and dispose of property. these articles were in the constitution till 20th june, 1979, from which date they were deleted under the constitution (forty-fourth amendment) act, 1978. but s. 3(3) only saves the vice that despite the sale, the government fictionally continues to be the owner of the property sold subject to the ..... plain meaning. we as judges cannot give them a meaning different than the one understood in the english speaking world. we cannot translate or coin english words to suit indian fancies. we cannot in the name of interpretation indianise english words. and we as judges are not mere translators, paraphrasers, grammarians or linguists. had we been so, ..... writ petition no. 2830 of 1970. despite the life given to the resumption orders by the validation clause in section 7 of the parliament act no. xvii of 1973, the provisions of the amending act became retrospectively applicable from 1-11-1966, but s. 7 at once with effect from 9-4-1973. it was provided in s. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-30-1982
Reported in : AIR1982P& H372
..... the husband may belong. particular reliance was sought to be placed on section 27 of the hindu marriage act and the procedural provisions of order 32-a of the code of civil procedure, recently inserted by the amending act of 1976, with regard to the suits relating to matters concerning the family.30. as i am ..... whilst the punjab act has left the same untouched):--'2. definition of dowry. in ..... the dowry under the aforesaid act would exclude entrustment of property which is a pre-requisite of the offence under section 406 of the indian penal code.37. to deal with the aforesaid contention, it becomes necessary to notice the provisions of section 2 of the dowry prohibition act (the haryana amendment makes only marginal changes therein .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-08-1982
Reported in : AIR1983P& H244
..... to be seen that if m open credit system, the goods hypothecated are lost by the negligence of the pledgee, whether the surety stands discharged. the indian contract act deals with pledge of goods and not with hypothecation of goods. however the principles contained therein apply to both types of securities section 151 of the contract ..... thus operates upon his stock......... we would here emphasise that, in such a mater, the form of the juridical relationship is very important, and that it cannot be divorce from the substance, merely because, in mercantile practice there is a certain flexibility and freedom for the borrower under the 'open credit' system. on the contrary, the ..... etc. to auction and in case that was insufficient to satisfy the amount of loan, it could bring further action against the defendants. section 176 of the contract act 1872, relates to the pawnee's right where pawnor makes default in payment. it reads as follows:--'if the pawnor makes default in payment of the debt, or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-03-1982
Reported in : AIR1983P& H107
..... corpn. of the city of ahmedabad, air 1968 sc 1223 and state of punjab v. gurdial singh, air 1980 sc 319 the whole scheme of the act visualises an expeditious finalisation of the acquisition proceedings once they are commenced. unexplained and inordinate delays which tend to hold the claimants at ransom, whose properties are sought ..... directions.' accordingly, we would herein direct that on a proper application (precisely detailing his proper claim of having filed an application under s. 18 of the act) made by the writ petitioner to the collector, the latter shall refer the same to the district court, which will then proceed to decide the contentious dispute ..... mode of recording the protest. this, therefore, is necessarily a matter of legal inference. the very time, a landowner prefers a reference under section 18 of the act, he, in essence, dispute s the compensation awarded and lodges a protest against the same. consequently, the receipt of compensation by him long after the presentation .....
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