Court : Punjab and Haryana
Decided on : Sep-29-1967
Reported in : AIR1968P& H40
..... if any question arises whether a sum is payable to the government or to the custodian within the meaning of sub-section (1), the custodian shall, after making such inquiry as he may deem fit, and giving to the person by whom the sum is alleged to be payable an opportunity of being heard decide the question; and the decision ..... managing officer, defendant no. 3, resisted the plaintiff's claim amongst others also on the ground that the suit was not cognizable by a civil court. the trial judge framed necessary issues including the one, whether the civil court had no jurisdiction to hear the suit which was treated as preliminary and decided against the defendants.the revision ..... finally approved by the supreme court in abdul karim haji tayab v. deputy custodian-general, air 1964 sc 1256 which laid down-'the amended section 48 came into the act by act no. 91 of 1956 from october 22. 1956. sub-sections (1) and (2) are clearly procedural and would apply to all cases which have to be investigated .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-06-1967
Reported in : 1968CriLJ1259
..... code, or something more than that? if it is something more, the jurisdiction of the high court is not ousted by section 3(2) of the contempt of courts act.so judged, there could be no doubt that the aspersions cast in the present case amounted to scandalizing the court itself, and were no mere-personal insult, and the high court ..... constitutes contempt of court. as observed by lord russell of killowen c. j. in the queen v. gray (1900) 2 qbd 36, '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' lord hardwicke l.c. hag described this kind of contempt ..... conceivably be desorbed as a mere criticism of this sort. it was a flagrant and open attack on the judge himself, besides being extremely insulting. the power of the high court under the contempt of courts act 1952 (act 32 of 1952), hereinafter called the act is as follows:3 (1) subject to the provision of sub-section (2) every high court shall .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-03-1967
Reported in : AIR1968P& H217; 1968CriLJ775
..... and that is the position taken by respondent 1 that his main and dominant object in the production of the anonymous letter in the court of the trial judge was to have an inquiry and not to interfere with the due course of justice. in paragraph 10 of his application of december 10. 1965, he refers to his having had ..... for nearly three to four weeks, thus, according to the respondents giving security to the petitioner (defendant) bv what has been described by them as a collusive act of the subordinate judge which enabled him (the petitioner) to file his first contempt petition in the high court on his own choosing of time and forum. the contempt of court imputed ..... , or for that matter not a high court for the union territory of chandigarh. in this respect reference has been made to section 89 of the punjab reorganisation act, 1966 (act 31 of 1966) which gives power to the state of punjab or haryana or to the union territory of chandigarh to make such adaptation and modifications of the law .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-03-1967
Reported in : 1968CriLJ858
..... fine of two hundred rupees vide his order dated the 27th april, 1966. the petitioner filed an appeal against that order which was dismissed by shri raghu singh, additional sessions judge, amritsar dated the 12th august, 1966. the petitioner still was not satisfied and has approached this court in revision.3. mr. giani, learned counsel for the petitioner, submitted that the ..... of the above facts, the case against the petitioner was registered and after the investigation he was sent up for trial under section 61(1)(c) of the punjab excise act, 1914. the trial was held by shri k.c. maini, magistrate first glass, who found the charge proved against the petitioner, convicted him accordingly and sentenced him to sis months .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-09-1967
Reported in : AIR1968P& H277
..... or has been' either a high court or a district judge 'or is qualified for appointment as a judge of the high court' it is emphasised that section 110-b of the act empowers the claims tribunal, after giving the parties an opportunity of being heard, 'to hold an inquiry into the claim' and to 'make an award determining the ..... of arbitration imparted to the tribunal by the repeated use of the word 'award'. by way of analogy mr. goswami submits that the land acquisition act likewise invests the district judges who give awards of compensation after a full investigation of the matter pressed before them by the claimants and the collector. the adjudication done by the ..... same description mt goswami has pressed before us that the award given by the tribunal is hardly distinguishable from an award of a district judge given on a reference under the land acquisition act and the right of appeal to the high court in both cases conferred by the respective statutes is almost identical. the basic decision .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-26-1967
Reported in : AIR1968P& H127
..... shock a reasonable mind.' if one of the grounds of interference by this court in such a decision, as is the opinion of the learned judges, is to scrutinise whether the act or acts done by the member of the municipal committee in disregard of his duty are such as can shock a reasonable mind, such scrutiny can only ..... two charges proved against the delinquent government servant, but the orissa high court found that out of five heads under one charge, two could not be sustained, the inquiry tribunal having already found one other of those five heads as not established, and it proceeded to quash the order made against the government servant with a direction ..... will at its best be a reasonable and at its worst be at least a plausible one. the public should not be deprived of this only safeguard....a judge is trained to look at things objectively, uninfluenced by considerations of policy or expediency; but, anexecutive officer generally looks at thingsfrom the stand-point of policy and expediency .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-04-1967
Reported in : AIR1968P& H328
..... leave to appeal to the supreme court from this judgment was declined. 2. inder singh, while practising as a pleader in mansa in a regular inquiry held by the district and sessions judge, bhatinda, on 25th of may, 1962 was found to have accepted a sum of rs. 900 from his client in a criminal case for payment ..... behalf of the bar council, punjab under the provisions of order 47, rule 1, read with section 151, civil procedure code, on the around that chapter v of the advocate act, 1961, empowering the bar council to take disciplinary action not having been enforced yet, the high court itself could take the appropriate action. the bench having already expressed ..... the length of time which has elapsed since his dismissal, the extent to which he has been tried in other walks of life, the opportunities he had of acting honestly in the face of temptations and the opinions ofrespectable persons who have had personal experience of his honesty are the important determining factors'. 9. the lahore high .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-13-1967
Reported in : AIR1969P& H4
..... called the act ) and the orders passed by the settlement commissioner on 4th of november, 1963 had consequently become ineffective and inoperative, the powers of this authority, as a delegate of the central government having ceased to exist. the second ground on which the petition has been dismissed by learned judge is that the appellant failed to ..... as the stipulated price of this property has been paid by the punjab government in six half-yearly instalments as contemplated in the agreement.5. the learned single judge having taken the view that the package deal divested the central government and its officers of any authority over lands which had been transferred to the punjab state ..... judgment of d.k. mahajan j. of 2nd march, 1964, in civil writ no. 918 of 1962 (punj). no definite conclusion was reached by; the learned judge on this aspect of the case and it was said that the state government having denied that the property had ceased to vest in the central government the question for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-12-1967
Reported in : AIR1968P& H416; 1968CriLJ1199
..... the law in england. it is the rule of practice so invariable and peremptory that it must be regarded as having hardened into a rule of law that the judge must be fully and expressly alive to the need for independent corroboration in material particulars both with regard to the offence and (he offender, that one accomplice cannot ..... be answered in the negative. the weight to be attached to his evidence is a matter of appreciation which is for the trial judge and will depend on the peculiar circumstances of this case8. section 123 of the act details various 'corrupt practices' sub-section (1) defines'bribery' the relevant part in clause (a) read with sub-clause (b). ..... 4. apart from any special provisions made in the act, the trial of the election petition is governed by the procedure laid down in the civil procedure code. however, it is now well settled that a charge of corrupt practices is in the nature of a criminal charge and the standard of judging evidence has to be the same as in a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-08-1967
Reported in : AIR1968P& H495
..... the frame of the preliminary issues was not proper a definite issue on the disputed question of possession of the property should have been framed by the learned subordinate judge. inasmuch as the parties appear to have been fully aware of the dispute relating to possession and inasmuch as both sides led extensive evidence on, that point, it ..... or effective. the position regarding a valid and effective gift being made in the punjab, in the absente of the applicability of section 123 of the transfer of property act, appears to be the same under the hindu law as in cases governed by the customary law. 'gift consists in the relinquishment (without consideration) of one's own ..... represented to be done by the document did not in fact exist, nothing remained to be cancelled. the trial court has relied on section 39 of the specific relief act (1 of 187(sic)) the said provision is in the following terms: 'any person against whom a written instrument is void or voidable who has reasonable apprehension .....
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