Court : Punjab and Haryana
Decided on : May-24-1960
Reported in : AIR1960P& H590
..... of the principal. the admissibility of the counter-claim was contraverted and it was pleaded that, if so advised, the defendants could file a fresh suit, but no inquiry into this claim could be lawfully held in the present suit. in the alternative it was pleaded that if the court decided to permit the defendants to urge this counter ..... and secured some interlocutory orders for safeguarding their interests.in this connection mr. sibal has also referred to illustrations (a) and (b) under s. 212 of the indian contract act. these illustrations, however, are not of much assistance, because the facts of both of them clearly show that the consequences which arose from the breaches there were direct. the ..... of contract has been created between the substituted agent and the principal.'after applying the above test to the facts of the case before him the learned judge proceeded thus-'as i apprehend the facts, in endeavoring to carry out the collection of the bills at khulna, the khulna bank was not .....
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 : 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 : Nov-24-1960
Reported in : AIR1961P& H281
..... difference, as the effect of the order is the same, namely, to ensure merely a rehearing on the merits.'at page 588, it was observed by the learned judge ;'the question who may appeal is determinable by the common sense consideration that there can be no appeal when there is nothing to appeal about. it is for this ..... merits of the case, learned counsel for the appellant has submitted the following points:(1) the suit as framed is not maintainable under section 42 of the specific relief act, 1877, because in substance this is a suit for money and does not involve any legal character, for which no declaration can be granted.(2) taking into consideration ..... issues:1. whether the suit is bad for misjoinder of parties, and causes of action ?2. whether the plaintiff firm is a registered partnership under the indian partnership act and whether shri inder pal dhir is one of the registered partners ?3. whether defendant no. 2 has consented to the variations in the terms of the original contract .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-18-1960
Reported in : AIR1962P& H78
..... general in his order referred to the observations of farwell, j., in bird v. philpoot, 1900-1 ch 222 at p. 228, according to that learned judge, under the bankruptcy act, the trustee takes all the bankrupt's property for an absolute estate in law, but for limited purposes namely, for the payment of the creditors under the ..... realising the infirmities in his argument based on section 17 appeared to rely more on section 4 which provides that the provisions of the administration of evacuee property act, 1950, and the rules and order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or ..... property :-- 1. where the custodian is of opinion that any property is evacuee property within the meaning of this act, he may after causing notice thereof to be given in such manner, and after holding such inquiry into the matter as the circumstances of the case permit, pass an order declaring any such property to be evacuee .....
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 : Jul-25-1960
Reported in : AIR1961P& H366
..... case set up before the department, the writ petition was dismissed.5. on appeal before us, mr. bhagwat dayalhas strenuously contended that the learned single judge has placed too strict a construction on the appellant's pleadings before the departmental authorities and has also not correctly construed the documents dated 28th december, 1948 ..... -appellant that the transaction of exchange was transacted orally after the 28th of december, 1948, and before the 26th of january, 1949. the learned single judge, however, observed that the plea of oral transaction had never been taken before the custodian nor had any evidence for this purpose been produced before him. ..... and which is in reality and essence being assailed in these proceedings under article 226, the right given by section 24 of the administration of evacueeproperty act, xxxi of 1950, is very wide and comprehensive. like all courts of appeal exercising general jurisdiction in civil cases the custodian general possesses under this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-07-1960
Reported in : AIR1961P& H109; (1960)IILLJ446P& H; (1960)IILLJ446P& H
..... corporation and not from the employer or other person.(ii) if the insured person dies as a result of the employment injury sustained as an employee under this act (whether or not he was in receiptof any periodical payment for temporary disablement in respect of the injury), dependants' benefit shall be payable at the rates and in ..... are entitled to the dependants' benefit. in order to determine this matter it is necessary to set out the relevant provisions of the employees' state insurance act. section 53 of the act is in these terms--'53. where an insured person is or his dependants are entitled to receive or recover, whether from the employer of the insured person ..... left a widow, amarjit kaur, and his aged parents. the widow remarried on the 25th of march, 1958. it seems, she never claimed dependants' benefit under the act. the present application was made by the aged parents. this application was opposed by the corporation on the ground that boota singh had left a widow and therefore the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-15-1960
Reported in : AIR1961P& H244
..... sums of rs. 1,000/- each from the punjab pradesh congress committee and that during the same period he received sums amounting to rs. 3,000/- from brish bhan acting on behalf of the pepsu pradesh congress committee.regarding the four cheques of rs. 1,000/- each, issued on behalf of the punjab pradesh congress committee on various dates, ..... am of the view that the issuing of this poster is a corrupt practice within the meaning of clause (2) of section 123 of the representation of the people act.'the discussion regarding the second poster is in the following passage:'he (shri karam chand bhandari) is a respectable person. it can safely be deduced that the respondent ..... raja sir harinder singh, the erstwhile ruler of the state of faridkot.the election was challenged in a petition filed under section 81 of the representation of the people act, 1951, by two voters of the constituency, umrao singh and lall singh, who had admitted in the course of evidence to be employed by his highness the baja .....
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, .....
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