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 : 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 those tentative decisions are merely proceedings of the cabinet, which being the unpublished records of the affairs of state fall within the purview of s. 123, indian evidence act, and thus protected or privileged from production in court.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-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 : 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 : Apr-08-1960
Reported in : AIR1961P& H51
..... remaining with the father at buria. on the 2nd of december 1952 an application was filed by the lady in the court of the district judge at ambala under section 7 of the guardians and wards act, praying that she be appointed a guardian of the. persons of the three minor daughters and declared guardian of the person of her minor son ..... conclusion that the welfare of the minor demands maintenance of status quo for some time, the order of the learned single judge deserves to be upheld, and the appeal must be rejected. reliance on section 19 of the guardians and wards act by mr. sikri in this connection is not of much avail to him. by virtue of section 2 of the ..... view that we have taken, the petition of captain rattan amol singh under section 25 of the guardians and wards act must be held to have been rightly dismissed and we have no hesitation in affirming the order of the learned single judge in this respect.17. in so far as the question of declaring shrimati kamaljit kaur as guardian of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-23-1960
Reported in : AIR1960P& H514
..... between landlord and tenant but if the tenant in effect agrees that the landlord has a good claim to an order under the acts, i think the judge has jurisdiction to make the order for possession under the act without further inquiry.'in middleton v. baldock (t.w.), (1950) 1 kb 657, a house had been let to a husband on a ..... the efficacy of the order may be destroyed. but in my judgment the court cannot go further than that and exercise a general jurisdiction to make a consent order without inquiry or investigation simply because the tenant appears in court and says: 'i consent to an order,' or says in the witness box that he does not consent the ..... the hands of estate agents for sale. the tenant thereupon claimed compensation under section 5, sub-section (6) of the act of 1920 on the ground that the order for possession was obtained by misrepresentation. the country court judge held that he had no jurisdiction to grant compensation where the order had been made by consent.it was held that the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-25-1960
Reported in : AIR1960P& H530
..... a class or the status or rights of the reversioners have been abolished by the act, but with great respect to the learned judges, there is not one word in support of the observations in the act. if fact sub-section (2) of section 14 of the act still envisages the creation of limited owner's estate under certain instruments. undoubtedly the ..... defendants in these cases that in reaching this conclusion the repealing provisions of section 4 of the act are not being kept in view. this argument was pressed in gostha behari v. haridas samanta, (s) air 1957 cal 557, and the learned judges repelled it and i cannot do better than state the reasons given by them, with which i ..... the declaratory suit of the plaintiff and on the finding of the learned judges in the division bench that decree would have been confirmed but for the question raised that is now for consideration in regard to the effect of section 14 of the act upon the rights of the reversioners of the type as sewa ram plaintiff.(12) the .....
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 : 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 : Jul-19-1960
Reported in : AIR1961P& H157
..... trial court, it was notdecided as a specific issue in the judgment of the trial court. the point does not appear to have been raised before the learned district judge who has not even dealt with it. it cannot be denied that questions of law can be taken up even for the first time in second appeal provided they are ..... to sue in respect of the subject-matter of the lost goods independently.the rule of english law which undoubtedly was applicable before the amendment in the transfer of property act has been abrogated in this country by statute and it cannot be said that in respect of the contingency provided for in sub-section.(2), it is still essential ..... available to the latter provided he seeks them in the name of the insured. precisely the same situation obtained in india till the amendment introduced in the transfer of property act by section 135-a. as both the learned counsel have placed reliance on this section, it would be well to set out its provisions in extensor-'135a. (!) where a .....
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