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 : 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 : Mar-12-1967
Reported in : [1967]66ITR638(P& H)
..... of a hindu family hitherto assessed as undivided that a partition has taken place among the members of such family, the income-tax officer shall make such inquiry thereinto as he may think fit, and, if he is satisfied that the joint family property has been partitioned among the various members or groups of members ..... in the following terms :'28 (1) if the income-tax officer, the appellate assistant commissioner or the appellate tribunal, in the course of any proceedings under this act, is satisfied that any person - ...(c) has concealed the particulars of his income or deliberately furnished inaccurate particulars of such income, he or it may direct that ..... assessee claimed disruption of the hindus undivided family and filed an application, dated march 13, 1957, praying for an order being passed under section 25a of the act accepting the partition of the hindu undivided family with effect from march 31, 1956. the application was accompanied by a copy of the registered partition deed, dated .....
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 .....
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 : Oct-19-1967
Reported in : [1968]21STC276(P& H)
..... 1. this letters patent appeal is by the state of punjab and the assessing authority, excise and taxation officer, bhatinda, and is directed against the order of the learned single judge, dated the 15th march, 1963, allowing the writ petition under article 226 of the constitution of india by m/s. sewak hotel, bhatinda (now respondent).2. in the writ ..... ) speaking for the bench, observed at page 324-if i may say so with respect to the view expressed by the learned judge in sewak hotel's case, see [1963] 14 s.t.c. 524, the amending punjab act 8 of 1962 has been made expressly operative by section 1(2) of it on and from 1st april, 1959. the legislature ..... ) legislative supplement, part i, dated 2nd june, 1962. sub-section (2) of section 1 of the amended act runs as follows:-it shall be deemed to have come into force on the first day of april, 1959.6. the learned single judge while holding that the legislature could validly impose a tax retrospectively, was of the view that the authorities could .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-16-1967
Reported in : AIR1968P& H303; 1968CriLJ1116
..... 1965, (copy annexure 'd'), rescinded the order of the deputy commissioner. in the meantime, the petitioner also filed a suit in the court of the subordinate judge lit class, barnala, on 11-11-1964, and obtained a temporary injunction on 10-3-1965 (vide annexure 'f') restraining the panchayat samiti from holding the ..... amounts to regulation in excess of the restricted power of suspension or prohibition given to the deputy commissioner in specified circumstances under section 232 of the act. in passing the impugned order the deputy commissioner had arbitrarily arrogated to himself the general powers of superintendence, direction, and control over the working of ..... and sources of friction between municipal committees and panchayat samitis.12. moreover, the conditions precedent to the exercise of jurisdiction either under section 232 of the act or under section 144 criminal procedure code, had not been fulfilled. the impugned order is vague on that point. a mere reproduction of the words of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-11-1967
Reported in : (1968)70PLR28
..... same, but there is no period of limitation. similar words, e.g., ' at any time' occurring in section 42 of the consolidation act have been held to mean what it says in the full bench decision in nar singh v. state of punjab, [1966] i.l.r ..... for which he has to take the permission as laid in section 512 and for a suit, limitation prescribed in the limitation act is three years and that this application was made more than three years after the date of winding up proceedings and even if ..... is that he ceased to be an agent as stated by the liquidator, in the year 1955. the limitation provided by the limitation act for calling upon him to render accounts was three years, which period expired long before the date of actual winding up of the ..... company and, therefore, the aid of the act was not available. it was urged that the suit had become barred by time even before the company went into liquidation and, therefore .....
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!