Court : Punjab and Haryana
Decided on : Sep-15-1960
Reported in : AIR1961P& H170; 1961CriLJ552
..... and the action committee consisting of representatives of all political parties including congress, jan sangh and akalis that the inquiry should be conducted' by a person of the status of a high court judge or a sessions judge, the enquiry was then entrusted to the additional district magistrate, amritsar, and that officer has submitted his report. ..... it is alleged that the inquiry held by the additional district magistrate was irregular and in utter disregard of the principles ..... into other matters. the fact, however, remains that shri h.l. mehra is only a first class magistrate and the additional district magistrate who conducted the inquiry earlier -happens to be senior to him. under the circumstances the petitioner has reason to believe that shri h.l. mehra would not go against 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 : 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 : 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 : Sep-22-1960
Reported in : AIR1961P& H125
..... to live a normal married life again and it would be a plain denial of justice to keep them within the bonds of marriage.12. the learned judge has further held that the act of cruelty has been condoned by resumption of married life between the parties. it is in evidence that an abortion took place after 1951 and the birth ..... lall, the learned counsel for the appellant, has also brought to my notice an authority of a single judge of the bombay high court an cowasji nusserwanji patuck v. shehra cowasji patuck, air 1938 bom 81, to show that 'even a single act of gross cruelty may beenough to constitute legal cruelty, if it is such as to lead to a ..... shamsher bahadur, j.1. this is a husband's appeal from the judgment and decree of the district judge, delhi, dismissing has application under section 10 of the hindu marriage act for judicial separation from his wife, shrimati sarla rani.2. the parties were married to each other on 17th of november, 1948 and there are two issues of this union .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-23-1960
Reported in : AIR1962P& H129
..... and they materially affected the result of the election in so far as it concerned him. in this connection it is also alleged that the aforesaid government servants acted in a manner which was calculated to placate the gold and silver jewellery dealers in the delhi sadar constituency which in fact furthered prospects of shri braham parakash' ..... the learned tribunal at the time when show cause notices were issued to certain persons including shri brij mohan under section 99 of the representation of the people act. it is contended that the court also at that stage summoned certain witnesses as court witnesses to depose on matter connected with the trial of the election petition ..... be legitimate can possibly fall within the definition of 'undue influence.' in order to appreciate the scope of undue influence' as used in the representation of the 'people act and to get at the intention of the legislature, it is helpful to refer to proviso (b) to section 123(2), which has been reproduced above. a .....
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 : Oct-11-1960
Reported in : AIR1961P& H187; 1961CriLJ708
..... examination of only such of the persons whose affidavits have been put in.4. the proceedings under section 145, criminal procedure code, are in the nature of a summary inquiry into a dispute which is essentially of a civil nature and the steps are taken by the magistrate under this section to ensure that the dispute in question ..... as their witnesses and in support of this contention they placed reliance on keshab acharya v. somenath behera, air 1958 orissa 79.however, the learned additional sessions judge felt that no good reasons had been assigned for the non-production of thc affidavits at the proper stage and! that the trial court was justified in refusing ..... the limits imposed by the newly added proviso namely, the first proviso to sub-section (4).9. in view of the above we feel that the learned magistrate acted without jurisdiction in summoning witnesses, at the instance of the respondents, whose affidavits had not been placed on the record. this revision is, therefore, accepted and the .....
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 .....
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, .....
Tag this Judgment!