Court : Punjab and Haryana
Decided on : Nov-25-1960
Reported in : AIR1961P& H215
..... the guise of investigating what sort of reputation a man bears, one were to investigate whether he was thought or said to have committed specific acts, the inquiry would soon degenerate into an inquiry about what a man had actually done in his past life as ascertained by rumour and not by tact. all this is laid down in ..... he submitted an affidavit of the joint secretary in the ministry of home affairs claiming privilege for producing the document in the court. on this the additional sessions judge on 17th november, 1958, said 'i have gone through the document. the privilege is allowed.'77. the counsel for the accused has not questioned the correctness ..... the accused 'committed the basic breach of trust and was unworthy of the position he had.' the jury returned a unanimous verdict of guilty and the chief judge sentenced the appellant to one year's simple imprisonment, expressing the view that in, his opinion no grosser, more unwarranted or mischievous libel could have been published .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-03-1960
Reported in : AIR1961P& H472
..... person claiming under them unless it is confirmed by the custodian under this section.(2) * * * *(3) * * * *(4) the custodian shall hold a summary inquiry into an application, which is not rejected under sub-section (3), and may decline to confirm the transaction if the transaction is not evidenced by a document in writing registered ..... into consideration when determining whether the transaction was entered into in good faith or not.in my view the bona fide of the transaction is to be judged from circumstances other than the circumstance that the transferor may at some subsequent date become an evacuee. i, therefore, hold that the deputy custodian general was ..... jurisdiction to scrutinise a transaction with an evacuee and that this right of scrutiny was given for the first time by the administration of evacuee property (amendment) act (act 2 of 1953), that is, after the present transaction had been entered into.it, therefore, follows that the deputy custodian general was in error in taking .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-22-1960
Reported in : AIR1960P& H490
..... had failed to prove payment of certain amounts to doctor parkash chand for his visits and for supply of medicines yet the learned trial judge has allowed rs. 300 under this heading. i see no ground to interfere with this award. the failure to prove the payment ..... time of the accident. the elbow even if slightly outside the bus could not cause the injuries suffered by the plaintiff. the trial judge went to the spot and tried to get the scene of the accident re-enacted. he then came to the conclusion that the ..... he should have waited for the rickshaw to give him the required passage. this he did not do and in my view thus acted negligently.(10) for these reasons i am of the opinion that the defendant-driver was guilty of negligence in the present case as ..... his car to avoid the danger of a collision. in my view if a driver does not take this precaution then he is acting negligently. in the present case natha singh had seen the rickshaw going ahead of him. there was no other traffic at that time .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-20-1960
Reported in : AIR1961P& H253
..... got himself admitted in the hospital at amritsar but he did not see him there, and only met dr. amir-ud-din under whose treatment he was. on his inquiry, dr. amir-ud-din had told him, that diwan balkishan was suffering from pulmonary tuberculosis, and that an operation had been performed on his lungs. he also remembered ..... w. 6 dr. sujindar singh and p. w. 7 lal chand both of whom had treated diwan balkishan prior to his death. the conclusion of the senior subordinate judge was, that it had not been established that the deceased had suffered from any serious ailment between 12th of november 1944 to 9th of november 1948 and, therefore, it ..... or arrangement of the words employed, and the language of the contract is already written out, and is selected with great care and deliberation by expert legal advisers acting exclusively in the interest of the insurance company. this is specially so with regard to the provisions of a life insurance policy, which exempt the insurer from liability .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-21-1960
Reported in : AIR1961P& H234; [1962]32CompCas454(P& H)
..... , found that respondent no. 2 is not liable as the subject-matter of the loss was not covered by the perils insured against. the learned district judge, in appeal, affirmed the decree of the subordinate judge. the plaintiff has come in second appeal to this court and has claimed that a decree should be granted also against the second respondent, the hanover .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-22-1960
Reported in : AIR1962P& H156
..... a decree for restitution of conjugal rights has been passed.(4) sub-section (1) is to the following effect;'any marriage solemnized, whether before or after the commencement of this act may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party. * * * * * * * * *(viii) has not ..... circumstances to ask for a decree for dissolution of marriage. the provisions contained in clauses(viii) and (ix) are also to be found in s. 27 of the special marriage act, 1954 with this exception that in clause (j) there the words 'after the passing of the decree against the respondent' expressly appeal. in clause(i) also which relates to ..... executed that decree and had taken no steps to obtain restitution and was, even otherwise, unwilling to allow the wife to come and live with him. the learned trial judge has answered that question against the wife and that is now the present appeal has been brought to this court.(3) section 13 of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-31-1960
Reported in : AIR1960P& H412; 1960CriLJ1134
..... thing in such custody is, in the opinion of any district magistrate, chief presidency magistrate, high court or court of session, wanted for the purpose of any investigation, inquiry, trial or other proceeding under this code, such magistrate or court may require the postal or telegraph authorities, as the case may be to deliver such document, parcel ..... unreported decision of the allahabad high court (criminal ref. no. 234 of 1959 connected with criminal misc. case no. 2401 of 1959). all that the learned judge observed in that case is that the particular document, parcel or thing in respect of which the direction is being given to the postal authorities must be wanted at ..... ....sub-section (3) of s. 94, however contains an exception which is in the following terms: 'nothing in this section shall be deemed to affect the indian evidence act, 1872, section 123 and 124 or to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-22-1960
Reported in : AIR1970P& H304
..... share of specified killa numbers in specified rectangles only and not in the whole joint land of the three original co-sharers, is more near the dictum of the learned judge in matu's case, 44 pun re 1894 than in champa mal's case. the plaintiffs have purchased specified survey numbers in specified rectangles with this difference only from ..... sale in favour of lachhman singh defendant claiming a preferential right of pre-emption as co-sharers according to section 15 (1)(b). fourthly, of the punjab pre-emption act, 1913 (punjab act 1 of 1913), on the ground that by the earlier sale in their favour. exhibit p. 1, byharindar singh co-sharer, they had become co-sharers of the ..... in the wajib-ul-arz of the particular place or a particular statute, which has nothing in common with the provisions of section 15 (1) (b), fourthly, of punjab act 1 of 1913. so these cases are not really relevant to the _ controversy in the present case. similar is the case with regard to karuppan v. ponnarasu ambalam, air .....
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 : 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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