Court : Punjab and Haryana
Decided on : Dec-22-1960
Reported in : AIR1961P& H340; [1961]31CompCas338(P& H)
..... by the respondent bank cannot, therefore, be considered a 'debt' within the meaning of that term as defined in sub-section (6) of section 2 of the act and the learned single judge was right in holding, in agreement with the tribunal, that the petition was incompetent. 37. in the result, upholding the judgment of the learned single ..... at the tune of the partition and not its creditor, and that, therefore, he could not file an application under section 13 of the act. as his application was considered incompetent, the learned single judge did not consider it necessary to decide the other issues raised in the case and in the result he dismissed the appeal with costs. 7 ..... hand, mr. d.n. awasthy, learned counsel for the respondent, maintained that the definition of the term 'debt' in the act did not contain anything beyond the concept of debt as understood by jurists and judges, which was that a debt was a present or perfected obligation to pay, whether presently or in future, a sum of money which .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-25-1960
Reported in : AIR1961P& H215
..... the guise of investigating what sort of reputation a man bears, one were to investigate whether he was thought or said to have committed specific acts, the inquiry would soon degenerate into an inquiry about what a man had actually done in his past life as ascertained by rumour and not by tact. all this is laid down in ..... he submitted an affidavit of the joint secretary in the ministry of home affairs claiming privilege for producing the document in the court. on this the additional sessions judge on 17th november, 1958, said 'i have gone through the document. the privilege is allowed.'77. the counsel for the accused has not questioned the correctness ..... the accused 'committed the basic breach of trust and was unworthy of the position he had.' the jury returned a unanimous verdict of guilty and the chief judge sentenced the appellant to one year's simple imprisonment, expressing the view that in, his opinion no grosser, more unwarranted or mischievous libel could have been published .....
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!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 : 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 : 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-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-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-08-1960
Reported in : AIR1961P& H98
..... suggest the necessity of any further inquiry. finally, in order to bar any loophole by which the person affected by the order might escape, the legislature has expressly taken away the powers of civil courts ..... which the person affected by the order may have to set up in his defence, and then the appellate authority, if it thinks necessary, may hold some further inquiry, but it may not da so. it is obvious that any report submitted by the competent officer to justify his orders is hardly likely to contain any grounds which ..... by mehar singh j. and myself. we disagree with the view of the allahabad high court that the act offended the provisions of article 14 of the constitution, and while agreeing with the learned judges of the calcutta high court that the act offended the principles of article 19(1)(f) we did so on somewhat different grounds. the chief reason .....
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 .....
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