Court : Punjab and Haryana
Decided on : Aug-31-1960
Reported in : AIR1961P& H190
..... 1. there has been no dispute before us about the quantum of damages awarded to the plaintiff, though he claimed rs. 15,000/- the learned senior subordinate judge has awarded him rs. 5,000/- only as damages. considering the fact that the plaintiffhad sustained fracture of three ribs and pelvisbone and injuries on various other ..... a statutory liability to satisfy the judgment passed against the insured.here the suit was primarily against the driver of the bus, whose rash and negligent act resulted in injury to the plaintiff, and his employer the amritsar national transport society. the appellant company as insurer was impleaded because ultimately the damages awarded ..... regarding its liability should be passed after it has unsuccessfully contested the plaintiffs claim.as has been observed earlier, under section 96 of the motor vehicles act, 1939, once the claim is decreed against the insured, the insurance company is under a statutory obligation to satisfy the liability of the insured under that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-25-1960
Reported in : AIR1960P& H530
..... a class or the status or rights of the reversioners have been abolished by the act, but with great respect to the learned judges, there is not one word in support of the observations in the act. if fact sub-section (2) of section 14 of the act still envisages the creation of limited owner's estate under certain instruments. undoubtedly the ..... defendants in these cases that in reaching this conclusion the repealing provisions of section 4 of the act are not being kept in view. this argument was pressed in gostha behari v. haridas samanta, (s) air 1957 cal 557, and the learned judges repelled it and i cannot do better than state the reasons given by them, with which i ..... the declaratory suit of the plaintiff and on the finding of the learned judges in the division bench that decree would have been confirmed but for the question raised that is now for consideration in regard to the effect of section 14 of the act upon the rights of the reversioners of the type as sewa ram plaintiff.(12) the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-08-1960
Reported in : AIR1961P& H51
..... remaining with the father at buria. on the 2nd of december 1952 an application was filed by the lady in the court of the district judge at ambala under section 7 of the guardians and wards act, praying that she be appointed a guardian of the. persons of the three minor daughters and declared guardian of the person of her minor son ..... conclusion that the welfare of the minor demands maintenance of status quo for some time, the order of the learned single judge deserves to be upheld, and the appeal must be rejected. reliance on section 19 of the guardians and wards act by mr. sikri in this connection is not of much avail to him. by virtue of section 2 of the ..... view that we have taken, the petition of captain rattan amol singh under section 25 of the guardians and wards act must be held to have been rightly dismissed and we have no hesitation in affirming the order of the learned single judge in this respect.17. in so far as the question of declaring shrimati kamaljit kaur as guardian of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-08-1960
Reported in : AIR1961P& H98
..... suggest the necessity of any further inquiry. finally, in order to bar any loophole by which the person affected by the order might escape, the legislature has expressly taken away the powers of civil courts ..... which the person affected by the order may have to set up in his defence, and then the appellate authority, if it thinks necessary, may hold some further inquiry, but it may not da so. it is obvious that any report submitted by the competent officer to justify his orders is hardly likely to contain any grounds which ..... by mehar singh j. and myself. we disagree with the view of the allahabad high court that the act offended the provisions of article 14 of the constitution, and while agreeing with the learned judges of the calcutta high court that the act offended the principles of article 19(1)(f) we did so on somewhat different grounds. the chief reason .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-09-1960
Reported in : AIR1961P& H113
..... approval the observations of lord russell of killowen in r. v. gray, (1900) 2 qb 36, at page 40, to the effect that:'any act done or writing published calculated to bring a court or a judge of the court into contempt, or to lower his authority, is a contempt of court.'this category was styled by lord hardwicke, l. c., ..... fudge to take steps against the libeller in the ordinary way for vindication of his character and personal dignity as a judge; but such libel may or may not amount to contempt of court.........when the act of defaming a judge is calculated to obstruct or interfere with the due course of justice or proper administration of law, it would certainly amount ..... law governing contempt of court. as pointed out in halsbury's laws of england, third edition, volume 8, pages 6 and 7,'any act done or writing published which is calculated to bring a court or a judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the court, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-27-1960
Reported in : AIR1961P& H236
..... years old had met with an accident, had not satisfied him that he had a reasonable expectation of pecuniary benefit and in the opinion of the learned judge the plaintiff had not proved damage either actual or prospective.13. in the present case the plaintiffs had a reasonable probability of pecuniary advantage from their deceased ..... matters of speculation and doubt'.in a later case from british columbia where the columbia legislation had reproduced, as was said, with inconspicuous differences, the fatal acts in force in the united kingdom, the judicial committee followed the principles laid down in the above case by the house of lords vide nance v. british ..... the maintenance or support of his parents. there has not to be specific evidence of pecuniary advantage actually derived from the deceased prior to hisdeath. under this act, even prospective loss can be taken into account. parents can legitimately recover for the loss of the probability that their son would some day earn and contribute .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-23-1960
Reported in : AIR1960P& H514
..... between landlord and tenant but if the tenant in effect agrees that the landlord has a good claim to an order under the acts, i think the judge has jurisdiction to make the order for possession under the act without further inquiry.'in middleton v. baldock (t.w.), (1950) 1 kb 657, a house had been let to a husband on a ..... the efficacy of the order may be destroyed. but in my judgment the court cannot go further than that and exercise a general jurisdiction to make a consent order without inquiry or investigation simply because the tenant appears in court and says: 'i consent to an order,' or says in the witness box that he does not consent the ..... the hands of estate agents for sale. the tenant thereupon claimed compensation under section 5, sub-section (6) of the act of 1920 on the ground that the order for possession was obtained by misrepresentation. the country court judge held that he had no jurisdiction to grant compensation where the order had been made by consent.it was held that the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-22-1960
Reported in : AIR1961P& H125
..... to live a normal married life again and it would be a plain denial of justice to keep them within the bonds of marriage.12. the learned judge has further held that the act of cruelty has been condoned by resumption of married life between the parties. it is in evidence that an abortion took place after 1951 and the birth ..... lall, the learned counsel for the appellant, has also brought to my notice an authority of a single judge of the bombay high court an cowasji nusserwanji patuck v. shehra cowasji patuck, air 1938 bom 81, to show that 'even a single act of gross cruelty may beenough to constitute legal cruelty, if it is such as to lead to a ..... shamsher bahadur, j.1. this is a husband's appeal from the judgment and decree of the district judge, delhi, dismissing has application under section 10 of the hindu marriage act for judicial separation from his wife, shrimati sarla rani.2. the parties were married to each other on 17th of november, 1948 and there are two issues of this union .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-19-1960
Reported in : AIR1961P& H157
..... trial court, it was notdecided as a specific issue in the judgment of the trial court. the point does not appear to have been raised before the learned district judge who has not even dealt with it. it cannot be denied that questions of law can be taken up even for the first time in second appeal provided they are ..... to sue in respect of the subject-matter of the lost goods independently.the rule of english law which undoubtedly was applicable before the amendment in the transfer of property act has been abrogated in this country by statute and it cannot be said that in respect of the contingency provided for in sub-section.(2), it is still essential ..... available to the latter provided he seeks them in the name of the insured. precisely the same situation obtained in india till the amendment introduced in the transfer of property act by section 135-a. as both the learned counsel have placed reliance on this section, it would be well to set out its provisions in extensor-'135a. (!) where a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-01-1960
Reported in : AIR1961P& H383
..... . to what extent such relation may be sufficient to fix the candidate must, it seems to me, be a question of degree and of evidence to be judged of by the election petition tribunal.'both these cases were followed in mathai mathew manjuran v. k.c. abraham, 10 elr 376 (403). the question of agency ..... as 11 and 12 and are reproduced below :'11. whether the fact of asking manmohinisehgal to retire from the contest under section 55aof the r. p. act by shri jawahar lal nehru, primeminister of india when shrimati manmohini sehgalwas no longer a member o the congress partydoes not amount to a corrupt practice namely undueinfluence ..... raised is whether the election tribunal was justified in refusing permission to amend the particulars under section 90, subsection (5) of the representation of the people act, even though the allegation of corrupt practice finds place in the election petition and there is application seeking permission to amend particulars before the election tribunal.the division .....
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