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 : 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 : Aug-09-1960
Reported in : AIR1961P& H3
..... however, not like to burden the petitioner with costs of these proceedings.7. coming now to c. r. no. 426-d of 1958 the learned subordinate judge has, in my opinion, acted with material irregularity in holding that merely because the finding with respect to the incompetency of a suit for gratuity has been given, the suit should he ..... amended claim was barred by time on the date when the amendment was sought.9. in view of what has been stated above, inmy opinion, the learned subordinate judge actedwith material irregularity in the exercise of jurisdiction in refusing to allow the amendment claimed. i would, therefore, allow this petition andsetting aside the order of the learned ..... of gratuity holding that gratuity is a matter in the discretion of the government and cannot be claimed as of right. as a result of this finding, the learned subordinate judge on 12th may, 1958, adjourned the case, for framing issues on the merits of the remaining claim, to 19th may, 1958. it is this order of 12th .....
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 : May-05-1960
Reported in : AIR1960P& H653
..... facts which were available but were not pleaded. this view was dissented from in pathikonda gopala rao v. nagiri pedda kitamma, (s) air 1955 andhra 138, where the learned andhra judge held that when the other party could be compensated by costs, or other proper terms, the amendment ought not to be refused on the sole ground of delay or negligence .....
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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