Court : Punjab and Haryana
Reported in : AIR1952P& H309
..... procedural protection which was afforded to barons was extended to commoners and magna carta became a real charter of liberties for the people of england. in his famous institutes, sir edward coke expressed the view that magna carta had embodied certain fundamental principles of right and justice, and that the common law contained a further expression ..... 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 ..... that all laws in force in the territory ot india immediately before the 26th day of january, 1950, shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority. that being so, the provision contained in the concluding clause of section 7 (2) of the act is open .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1999)123PLR1
..... of the legislature in bifurcating the cases relating to election under this act under two different categories is manifestly clear from the language of the section. the person who could institute such a petition, method of its presentation, procedure for its inquiry, culminating into the final order and consequences thereof are distinct and different. they do not conflict with each other .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H1
..... air 1956 trav-co. 19 (fb) (e), the latter act added two more disqualifications to those already given in section 66 of the travancore-cochin hindu religious institutions act for the membership of the cochin devaswom board, and it was held that there was no repugnancy between the two provisions because the repugnancy had to be founded ..... may call for some of the functions of the authorities under the central act being performed by an additional authority appointed for the state and the punjab amendments are intended to provide for that contingency. mr, mahajan urges that the central act provides that all applications for the grant of permits shall be made ..... , all the law in force in the territory of india immediately before the commencement of this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or otiier competent authority'.6. explanation i given under the said article defines the expression law in force' and reads as under:'the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H40
..... this court in balmukand v. punjab state, civil writ no. 387 of 1955 (punj), held that he had no jurisdiction to hear the revision petition.thereupon hari ram instituted the present suit on 1st november, 1957, for a declaration that the lease in question was illegal, ineffective and not binding on him, that it stood cancelled by ..... execution thereof could be attacked in the present suit as these were passed before section 4 of the evacuee act and section 21 of the compensation act were amended. thus the civil courts will have jurisdiction to determine in the present suit whether the order passed by the additional settlement commissioner, shri mohan lal dewan on ..... he threatened to take coercive measures to realise the sum in question. section 48 of the evacuee act and section 21 of the compensation act before these were amended were not comprehensive enough to exclude the jurisdiction of civil courts in all matters as a bench of this court in custodian-general of evacuee property, new delhi .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H104
..... was the association able to obtain delivery on presenting the railway receipts.4. in both cases the plaintiff had applied under section 20, civil procedure code, for permission to institute the suit at amritsar on the ground that in each case one of the defendants, namely the firm of commission agents through whom the cloth was purchased, ..... and the four members who instituted the suit obtaining permission of the court to sue in a representative capacity under order i, rule 8, civil procedure code.other persons were joined as defendants along with ..... 3. the plaintiff is an association formed of 312 members all of whom apparently are firms or individuals in amritsar dealing in cloth. the suits were both instituted by four members in a representative capacity on behalf of the members of the association as a whole, the remaining members being notified of the suit, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H113
..... that it is proved on this evidence that the applicant was residing in simla when he brought the application, and he does come within section 4 of the displaced persons (institution of suits) act, act no. xlvii of 1948.7. i therefore allow this appeal, set asidethe order of the court of the senior subordinate judge and hold that the court ..... at simla. the applicant was originally a resident of lahore who now permanently resides at simla. in accordance with the provisions of displaced persons (institution of suits) ordinance no. xviii of 1948 he is entitled to institute this suit at simla. this court has therefore jurisdiction to entertain hear and dispose of the present case.'4. a preliminary objection was taken that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H118
..... agree with the reason given in these decisions and hold that the present suit was not entertainable by the civil courts in the ordinary way and that it could be instituted only in accordance with the provisions contained in the hindu marriage act and before the forum provided by that act. consequently it must be held that the judgments and decrees ..... a.n. grover, j. 1. on 13th july 1955 the respondent who is the husband instituted a suit against his wife, the present appellant, for restitution of conjugal rights. the father or the wife as also certain other persons were impleaded as defendants as well. in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H70; [1954]25ITR302(P& H)
..... as profits and that the burden of proof was cast upon the assessee to show the contrary, seems to be amply warranted by the authority of that case -- 'scottish provident institution v. john allan', 1903 ac 129 . as the commissioner did not misdirect himself the only questions in the case that remain are purely questions of fact and so long as .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H251
harnam singh, j. 1. on the 3rd october 1944, hash-mat major and barkat minor instituted civil suit no. 537/124 of 1944/45 for possession of one-half share of land comprised in khasra nos. 853, 855, 852 and 856, mentioned in the jamabandi of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H21
..... to take such action as may be necessary for the recovery of any debt due to the evacuee and section 10(2)(j) gives the power to the custodian to institute, defend or continue any legal proceedings or to 'compromise any claims, debts or liabilities on behalf of the evacuee'.10. section 13 upon which reliance is placed by the opposite .....
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