Court : Punjab and Haryana
Decided on : Jan-19-1960
Reported in : AIR1960P& H407
..... , or detrimental to good diplomatic relations.'a little lower down at page 236 of the report the same learned judge spoke as follows:'i am, therefore, unable to accept the contention that the court can hold no inquiry into the validity of the objection the moment privilege is claimed by the head of the department. it is ..... those tentative decisions are merely proceedings of the cabinet, which being the unpublished records of the affairs of state fall within the purview of s. 123, indian evidence act, and thus protected or privileged from production in court. the affidavit by the chief secretary, when he says that the disclosure of these documents is prejudicial to the ..... state. i regret it is not possible for me to hold these grounds to be sufficient to bring the documents within the purview of section 123, indian evidence act, as construed by the aforesaid full bench decision of this court.(9) this case brings out prominently an apparent conflict between what may be considered by the chief .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-12-1960
Reported in : AIR1960P& H395
..... ) the counsel then submitted that in the pleadings the respondent initially denied having incurred any expenses on these musicians, and indeed made an attempt to throttle the inquiry into this allegation the technical plea of there being no details and particulars of this items of expenditure. later, it was suggested by her that the propaganda ..... corrupt practices contained in clause (a) of paragraph 12 and items (o) and (q) of paragraph 14 of the petition. after remand shri gurdev singh, district judge ludhiana, who was entrusted with the trial of the petition, framed the following issues: i. whether the respondent no. 1 and her election agent obtained and procured assistance ..... canvassing by malkiat singh qanungo did not amount to her obtaining or procuring assistance within the contemplation of s. 123(7) of the representation for the people act (act no 43 of 1951), as this provision of law does not go to the extent of preventing a government servant from expressing his views with regard to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-27-1960
Reported in : AIR1961P& H18; 1961CriLJ146
..... the magistrate and a false denial in the affidavit was also made in this court as to the confinement of sukhdev raj. i directed the sessions judge, amritsar, to make an inquiry and after recording evidence of the parties he should submit a report with his findings. i did not find that any case had been substantiated ..... the false representations thus made were calculated to embarrass, and obstruct the court in the administration of justice, and in attaining that object, the respondent was successful. the act of| the respondent, not only amounted to perjury, but|there was also present, the element of obstruction to court in the performance of its duties. the fact ..... that perjury is also a substantive crime under the indian penal code does not prevent conviction for a contempt, under the contempt of courts act. the essential element which makes perjury punishable as a contempt, is an element of obstruction to the court, which was definitely present in this case. perjury or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-07-1960
Reported in : AIR1962P& H53
..... been canvassed in this appeal, it would be necessary briefly to set out the purpose and the underlying provisions of the evacuee interest (separation) act, 1951, so far as they are germane to the present inquiry. according to the objects and reasons, the legislation was intended to provide an expeditious method for the assessment and separation of evacuee and non ..... applying all the three tests laid down by pollock, c. b., in this judgment, it seems to us that the construction which has been put by the learned single judge is the correct one. the preamble has been given due consideration as also the language employed therein. we do not find that the omission of the word 'interest' ..... the writ petition. zahir-uddin and hamida begam have come in appeal under clause 10 of the letters patent.(6) the learned single judge has found that (1) the benefit under section 9(1) of the act has been given and was intended to be given only to evacuees who have left for pakistan, and (2) the statements made .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-07-1960
Reported in : AIR1961P& H105
..... from taking part in electoral rolls. in other words, it would be tantamount to disenfranchising otherwise qualified persons by omitting their names from the electoral rolls. the learned judge came to the conclusion that the current assembly rolls, even after they had been arranged ward-wise, were imperfect, as they were not the rolls prepared in accordance ..... me.next, reference was made to konjiti venkateswarlu v. district panchayat officer, air 1958 andh pra 252. after the amendment of section 21 of the madras village panchayats act, the district panchayat officer had allotted to the first ward the extra seat necessitated by the president of a panchayat also having to be a member. the result ..... relator is a fit person to be entrusted with the writ. he must not be disqualified by having acquiesced or concurred in the, act which he comes to complain of or in similar acts at former elections.in the first place, in the present case it has not been shown that elections can be set aside on the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-14-1960
Reported in : AIR1962P& H87; [1962]32CompCas442(P& H)
..... position to deal with it. without pursuing this aspect of the case any further, in my view the learned district judge was fully justified in dismissing the petition under sections 216 and 235 of the indian companies act.(11) for the reasons given above this appeal fails and is hereby dismissed with costs.ke/d.h.z.(12) ..... delhi.the contesting respondents opposed this petition inter alia on the ground of limitation and the learned district judge came to the conclusion that application under section 235 of the companies act, vii of 1913, should have been made within three years from the date of the first appointment of a liquidator in the winding up or of the ..... (1) this appeal has been directed against an order of mr. s. b. kapoor, district judge, delhi, holding the application of bharat nidhi ltd. under section 216 and 235 of the indian companies act, vii of 1913, to be barred by limitation.(2) it appears that the trade and industries corporation ltd. had a current account with the bharat .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-22-1960
Reported in : AIR1961P& H340; [1961]31CompCas338(P& H)
..... by the respondent bank cannot, therefore, be considered a 'debt' within the meaning of that term as defined in sub-section (6) of section 2 of the act and the learned single judge was right in holding, in agreement with the tribunal, that the petition was incompetent. 37. in the result, upholding the judgment of the learned single ..... at the tune of the partition and not its creditor, and that, therefore, he could not file an application under section 13 of the act. as his application was considered incompetent, the learned single judge did not consider it necessary to decide the other issues raised in the case and in the result he dismissed the appeal with costs. 7 ..... hand, mr. d.n. awasthy, learned counsel for the respondent, maintained that the definition of the term 'debt' in the act did not contain anything beyond the concept of debt as understood by jurists and judges, which was that a debt was a present or perfected obligation to pay, whether presently or in future, a sum of money which .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-23-1960
Reported in : AIR1961P& H45
..... the donees are three daughters of the deceased banta singh and they are all married, the fifth degree collaterals have been relegated by section 8 of the hindu succession act to a very subordinate position in the line of the heirs. their chances of succession arc extremely remote. though in theory the institution of the suit bv a ..... in the second case a widow, inheriting her husband's landed oroperty, had gifted the land to her daughter before the hindu succession act. this gift was challenged in a suit preferred ..... an alienation effected, prior to the enforcement of tie act by an intervening female heir, who at the time of the alienation held only a widow's estate? the question was answered in the affirmative by all the three hon'ble judges constituting the bench. this question arose in two cases which had been referred to the full bench. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-04-1960
Reported in : AIR1962P& H70
..... therefore, as far as the facts of that particular case are concerned, the decision of the special bench was perfectly correct, but with great respect to the learned judges, the proposition, which they laid down, is not of universal application and, considered in the abstract, it does violence to the wording of section 27, because ..... inspector of police, was proved in evidence against him. it was argued on that occasion that this statement was not admissible in section 27 of the indian evidence act.the special bench of the patna high court, however, took the view that the statement was admissible in evidence, because santokhi beldar had, by his confessional statement ..... air 1956 andh 56. head-note (a), which reproduces substantially the decision of the court, is in the following terms:'before the provisions of s. 27, evidence act are attracted, two essential requirements should be satisfied, namely, that the person making the statement is accused of any offence and is also in the custody of a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-25-1960
Reported in : AIR1961P& H60
..... mr. mahajan has in this connection again placed reliance on the judgment of puranik,. j. inair 1948 nag 119. according to the learned counsel the learned single judge of the nagpur high court interfered) on revision with an amendment which was erroneously allowed by the lower court in that case. 13. the scope and effect of ..... , while commenting on section 115 of the code of civil procedure, observed as follows:-- 'the question then is, did the judges of the lower courts in this case, in the exercise o their jurisdiction, act illegally or with material irregularity. it appears that they had perfect jurisdiction to decide the case, and even if they decided wrongly ..... in than case the supreme court set aside the order of the high court holding that the latter had acted in excess of its jurisdiction when it entertained an application in revision against the order of the subordinate judge and remanded the case for further enquiry. recently, the supreme court had again in chaube jagdish prasad v .....
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