Court : Punjab and Haryana
Decided on : Dec-13-1960
Reported in : AIR1962P& H8
..... and after full discussion with mr. charley came to the conclusion that the evidence was doubtful and inconclusive and the charges against rangachari should, subject to a medical certificate, be allowed to retire on grounds of health and that an invalid pension should be awarded to him. mr. charley submitted to this decision though he ..... before 7th september been in bad health and when on 7th september mr. charsley finished the inquiry, rangachari had applied to him for being examined by the district medical officer for being invalided because he had been growing worse with hernia and was, therefore, unfit for further service. this request was forwarded by mr. charsley to ..... case in hand, act is admittedly not applicable to the case in hand, and for the purpose of determining the jurisdiction of the civil courts, we have merely to see as to how far the observations in the decisions of the privy council mentioned above are still binding on the courts in the indian republic. on behalf .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-14-1960
Reported in : AIR1962P& H87; [1962]32CompCas442(P& H)
..... not the slightest hesitation in repelling the appellant's contention which is wholly devoid of merit.(8) the counsel then contended that the language of section 235 of the indian companies act, vii of 1913, is discretionary with the result that it is open to the court to entertain a petition under this section, even if filed beyond the period ..... dealing with a similar question sir madhavan nair who prepared the judgment of the judicial committee of the privy council in m. ramayya v. u. lakshamayya, air 1942 pc 54, spoke thus:'ordinarily, the suit would be governed by the limitation act, ix of 1908 which is the law in force when the suit was instituted; but if the defendants ..... decision can advance the appellant's case. it is wholly unhelpful in deciding whether section 543 of the companies act, i of 1956, can be made to apply to the petition filed in 1953 for determining if it was within limitation.british medical stores v. bhagirath mal, (1954) 56 pun l. r. 449 : ((s) air 1955 punj 5), is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-11-1960
Reported in : AIR1960P& H512
..... , hardly excusable in a legal practitioner, whatever be his standing at the bar, and cannot, by itself, constitute a sufficient cause within the purview of section 5, indian limitation act.(7) for the reasons given above this petition must be disallowed and is hereby dismissed. in the circumstances there will be no order as to costs.(8) petition dismissed ..... by bhide j. in amrit lal v. phool chand, air 1938 lah 81. in ram narain joshi v. parmeshwar narain mehta, 30 ind app 20, the privy council repelled the contention that under all circumstances delay attributable to filing an appeal in the wrong court through an alleged error would amount to 'sufficient cause' for not appealing ..... filed in this court on 24th of november, 1959.(3) in the petition the main ground taken for extension of period is that shri harbhagwan modgil, council for the appellant in the court of the learned district judge, had undergone an operation for cataract, and therefore, could not travel, with the result that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-15-1960
Reported in : AIR1961P& H521
..... tu'i prays that in view of the circumstances explained above, it is a fit case in which time should be extended undev sections 5 and 14 of the indian limitation act. mr. grewal has, however, contended that the memorandum of appeal filed in this court on the 2nd of march was again returned to the counsel for the appellant ..... sent for her husband and advised him to reconcile himself wilh bis wife. in her cross-examination, all that has been elicited is that she did not get herself medically examined and that her report was not recorded at the police station by the officer. in her cross-examination, however, she has also stated that her husband almost ..... allegation of cruelty. in coming to this conclusion, the court below also took into consideration and, as i read the judgment, was considerably influenced by the fact, that medical evidence in proof of the injuries said to have been caused to the wife was not forthcoming. evidence of adultery was also held insufficient. on these findings, the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-25-1960
Reported in : AIR1961P& H215
..... been held responsible by the accused.26. (after referring to certain speeches made in the punjab vidhan sabha and certain news items his lordship proceeded:) section 81 of the indian evidence act lays down that the court shall presume genuineness as to gazettes, newspapers etc., if such a document is produced from proper custody. the presumption of genuineness attached under this ..... .40. the advocate-general, in support of his argument, that there was no good faith, has placed-reliance on the observations made in a decision of the privy council, reported in ilr 41 cal 1023: (air 1914 pc 116) arnold v. king-emperor. in certain respects there is similarity in this case and the privy ..... council decision. in that case the appellant mr. arnold was the editor of the 'burma critic', a newspaper, published in rangoon, and the proceedings arose out of a defamatory article .....
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