Court : Punjab and Haryana
Reported in : 1999CriLJ635
..... 1955. in the year 1972, the words 'except the state of jammu and kashmir' were omitted by prevention of food adulteration (amendment) act (41 of 1971), s. 2 (w.e.f. 26-1-1972). section 25 of the act of 1954 deals with repeal and saving. under sub-sec. (1) of s. 25, if there was in force in any ..... imperative need was felt to introduce a special legislation with a view to eradicate the evil of bribery and corruption and thereby the prevention of corruption act, 1947 was enacted which was later on amended twice, once by the criminal amendment act, 1952 and then in 1964 by the santhanam committee which was finally repealed by the prevention of corruption ..... said to have entered the petitioner's shop and demanded from the petitioner, who was an oil merchant, a sample of the oil for the purpose of ascertaining whether the petitioner had committed the offence under the prevention of food adulteration act. the petitioner refused to do so on the ground that the executive officer had no authority to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H45
..... 220, hamilton j. observed --'such terms constitute an agreement that the delivery of the goods, provided they are in conformity with the contract, shall be delivery on board ship at the port of shipment. it follows that against tender of these documents, the bill of lading, invoice, the policy of insurance, which completes delivery in accordance with ..... that in construing mercantile contracts it must be assumed that every clause in it was inserted by the parties for some good purpose and with some definite meaning as merchants are not in the habit of inserting stipulations to which they do not attach value and importance, adam haii peer mohd. ishack v. section hussain akbari, air ..... invoices for packing, freight etc., as also with regard to dismantling, was a condition within the meaning of section 12(2) of the indian sale of goods act, 1930. he says that the contract was with regard to the machinery which had been sold at the spot and the undertaking with regard to sending it after .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H205
..... extraneous consideration which has no bearing on the question of valuation of the land. section 24 of the land acquisition act says that the court shall not take into consideration-firstly ....................................... secondly ....................................... thirdly ....................................... fourthly ....................................... fifthly, any increase ..... chandigarh, for the union of india. notification to acquire this land under section 4(1) of the land acquisition act was published on february 17, 1962. the acquired landconsisted of barani, banjar jadid, aabi and ghair mumkin land ..... s taking possession thereof? thirdly ....................................... fourthly ....................................... fiithly ....................................... sixthly ....................................... sub-section (2) of section 23 of that act says that in addition to the market-value of the land, as above provided, the court shall in every case .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H1
..... , (4) whether the action of the state transport commissioner in granting the impugned permits was iu any way mala fide. 5. re. point no. 1. the motor vehicles (east punjab amendment) act (act 28 of 1948) came into force on 12-7-1948, that is, before the enforcement of the constitution of india on 26-1-1950. para (1) of article 372 of ..... a provision to that effect. there is no inconsistency in two persons or several persons having power to remove the same wreek. both an owner and a mortgagee of a ship, as well as public authorities, may well have a right to remove the same wreck.' 13. in air 1958 kerala 19(d), the point that fell for decision was ..... of australia. the question that arose for decision in that case was whether section 329 of the navigation act impliedly overruled section 13 of the marine act. section 13 of the marine act provided for the removal, at the instance of a state authority, of any ship sunk in a port within victoria and not removed by the owner, and for the recovery of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H150
..... /- in all by way of damages, from the defendant, according to law and justice.' in the corresponding paragraphs of the written statement filed by the defendant in reply to the amended plaint, it was stated as follows:-'4. with regard to paragraph no. 4 of the plaint, it jis submitted that on 24th june, 1954, full settlement of the accounts was ..... -firm.5a. in ordr to appreciate the arguments addressed to us in this appeal, it appears to be necessary to quote verbatim paragraphs 4, 5, 8 and 9 of the amended plaint:-'4. in spite of the receipt regarding the full and final settlement, and his letters, dated the 24th june, 1954, the aforesaid defendant, in order to cause loss to ..... in the case of imperial tobacco co., air 1928 cal 1 (supra), and also in essoo bhavaji v. the steam-ship 'savitri', (1887) ilr 11 bom 133. in the bombay case it was held that the intention of the limitation act appeared to be that not more than two years should be allowed for bringing the suit founded on a tort, except .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H457
..... only considering learned counsel's broad proposition that the state government could have in no circumstance recalled its previous order and on that ground alone the act of the state government should be quashed.i am persuaded both on principle as well as authority that the state government is competent in suitable circumstances ..... quasi-judicial functions. answering this objection the supreme court observed :--'the rules the governor is authorised to make, the argument proceeds are only to regulate the acts of the governor or his subordinates in discharge of the executive power of the state government, and therefore will not govern the quasi-judicial functions entrusted to ..... by the state government.3. regarding the first two questions the main argument is that whenever the state government exercised its powers under section 41 of pepsu act v of 2007 bk., it was exercising a quasi-judicial function, and, therefore, the minister in charge of the department of consolidation was not authorised .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H235
..... withdrawal of the suit with permission to institute a fresh suit.8. i, therefore, hold that as there was no registration of the firm under section 69, partner- ship act before the suit was instituted. subsequent registration will not rectify that mistake. i would, therefore, dismiss this appeal with costs.harnam singh, j. 9. in order to ..... precedent to a valid institution of a suit under this section. where no such consent has been obtained the suit must be dismissed and cannot be rectified by any subsequent amendment. in -- 'gajanan laxman v. bhalchandra keshav', air 1942 bom 125 (2) (h), it was held: 'the consent of the advocate-general was necessary to the ..... the defendants were struck off and the plaintiffs asked for and obtained leave to add another person as defendant and they amended the plaint but no sanction of the advocate-general was obtained previous to the amendment of the plaint. it was held that the plaintiffs were not entitled to bring the suit against the added defendant on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2007]291ITR72(P& H)
..... not being an article or thing specified in the list in the eleventh schedule. 6. a perusal of the provisions of section 32a of the act shows that 25% of the actual cost of ship, aircraft, machinery or plant to the assessee is allowable as deduction by way of investment allowance. it further provides that in case of new machinery ..... in any office premises or any residential accommodation, including any accommodation in the nature of a guest-house; (b) any office appliances or road transport vehicles; (c) any ship, machinery or plant in respect of which the deduction by way of development rebate is allowable under section 33; and (d) any machinery or plant, the whole of the ..... for the assessee and shri s.k.garg narwana, learned counsel for the revenue. relevant provisions of section 32a of the act, as existed at the relevant time are extracted below:32a.(1) in respect of a ship or an aircraft or machinery or plant specified insub-section (2), which is owned by the assessee and is wholly used .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1988(33)ELT272(P& H)
..... the jurisdiction of the respondents in issuing the show cause notice and passing the impugned orders. section 40(2) of the act, as it stood prior to the amendment made in it on may 21, 1973, vide central act 22 of 1973 was as under :-'no suit, prosecution or other legal proceedings shall be instituted for anything done or ..... ordered to be done under the act after the expiration of six months from the accrual of the cause of action or from ..... the decisions afore-mentioned, the learned counsel stressed that the principle of 'ejusdem generis' would not be applicable to the language employed in section 40(2) of the act, and as such 'legal proceedings' would not confine to proceedings analogous to suits or prosecutions but would include departmental proceedings also.9. we have given our careful thought .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H283
..... their statements cannot be believed that they are in possession thereof. normally in the case of banjar lands, the possession goes with title. definition of shamlat deh in the act clearly shows that for determining whether the land falls within the definition of shamlat deh or not, we have to refer to the entries in the revenue records. no ..... their respective shares in such shamilat deh on or before the 26th january, 1950'. 5. in sub-clause (1) of sub-section (g) of section 2 of the act, it is specifically mentioned that lands described in the revenue records as shamlat deh excluding abadi deh fall within the definition of shamlat deh. article 224 of digest of customary ..... of the learned counsel for the appellants, it is necessary to refer to some of the documents and statements of the witnesses. before coming into force of the pepsu act. jamabandi relating to year 1954-55, exhibit p-4, was in force. according to that jamabandi the land in dispute is shown to be owned by shamlat deh, .....
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