Court : Punjab and Haryana
Reported in : AIR1989P& H229
..... thus, the question for determination in this revision petition is as to whether the petitioner after he accepted costs as awarded by the court while allowing application for amendment of the plaint under protest, could challenge such an order. 2. the question involved relates to estoppel, that is, when the party had accepted a benefit ..... march, 6. 1987. passed by subordinate judge 1st class, mohindergarh, whereby an application filed under order vi. rule 17 of the code of civil procedure, for amendment of the plaint was allowed subject to payment of rs. 500/- as costs. the suit was filed by perhlad for the grant of injunction restraining gopal from alienating ..... have lain in deposit. nor do i think that the authorities quoted above are shaken by oliver v. nautilus steam shipping co. (1903) 2 kb639 : 72 ljkb 857, a special case under the workmen's compensation act.' the aforesaid decision of the madras high court in ramaswami chettiar v. chidambaram chettiar. was considered by a division .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1993P& H263; (1993)103PLR701
..... any other high court. (2) when a judge has been or is transferred, he shall during the period he serves, after the commencement of constitution (fifteenth amendment) act, 1963 as a judge of other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law ..... is for the other constitutional wings to remedy the defect, if any, found in provisions administered by the constitution, (iii) indirect way/ method of doing an act is not permissible, (iv) affirmative words often in their operation negative objects other than those affirmed.17. constitution by article 222 provides a wide power to the ..... kept high. the present tirade against the judiciary and the motivation for denigrading the same is beyond us to decode.40. a mandamus can be issued to act in accordance with law or statute or statutory rules but discretion cannot be regulated by declarations or declaratory, prohibitory or certiorari writs. for seeking transfer of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H210
..... -company in terms of condition no. 9 of the contract of license liable to termination thereunder is out and out an administrative act and the authority so acting does not act in quasi-judicial capacity. thus this notice was issued in administrative capacity and not in quasi-judicial capacity.33. the petitioner-company ..... financial commissioner regarding the stock of spirit or material to be maintained and all other matters, in which compliance is prescribed by rules made under the act :condition no. 11 of the license provides as follows:-- 'under the revocation, cancellation or determination of the license under the preceding conditions, the licensee ..... any distillery, in respect of which the license has been granted and to make rules in connection therewith.the relevant provisions of s. 21 of the act are reproduced below:--'the financial commissioner, subject to such restrictions or conditions as the state government may impose, may......................... (a) establish a distillery, in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H321
..... court shall take cognizance of any dispute or matter with respect to which any such suit might be instituted. then there is section 50-a, which was inserted by the amending act (punjab act no. 5 of 1929) and is as follows:'50-a. no person whose ejectment has been ordered by a revenue court under section 45, sub-section (6), or whose ..... ) preserved to a person dispossessed of his tenancy a right to sue a civil court although he had unsuccessfully sued under section 45. the decision gave rise of the amendment of the act in 1929 by addition of section 50--a. now this section creates a bar to a civil suit by a person whose ejectment has been ordered by a revenue ..... be the owners.actually it was on consideration of the evidence that their claim as to ownership was rejected. the reference in paragraph 7 of the plaint to the relation-ship between the plaintiffs and defendant no. 2 being that of owner and tenant was to set up an alternative cause of action and even there it was not made clear .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H76
..... then. but he has no valid justification for not raising an objection to that effect when he filed his application dated july 8, 1968 for leave to amend his written statement (to take up the objection regarding want of notice terminating the tenancy) as the judgment of the supreme court dated november 4, 1966, ..... word 'business' is mentioned to convey, in the narrower sense, 'mercantile pursuits; that which one does for a livelihood; occupation; employment; as, the business of a merchant; the business of agriculture.' it has finally been stated that 'the word 'business' is of large signification, and in its broadest sense includes nearly all the affairs ..... determination is whether the learned district judge was justified in holding that according to the relevant provisions contained in section 13 of the east punjab urban rent restriction act even if the premises happened to be rented land, the petitioners were not entitled to claim eviction because the conditions laid down in sub-clause (iii) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H480
..... in my opinion, that would not be a correct way of reading the legislative intent (see para 42 of the present judgment for 'objects and reasons' of the amending act).87. previous to the amendment, s. 15(2)(b)(i) was in the following terms :'15(2)(b) where the sale is by a female of the land or property to which she ..... when it is guesswork with what material the legislature would, if it had discovered the gap, have filed it in. if a gap is disclosed, the remedy lies in an amending act.' however, the limits placed on judicial law reform by the nature of the forensic process and the somewhat dangerous consequences of unrestrained judicial law making, are well epitomised in the ..... karta ram's case.9. it is manifest from the above that apart from the rationale the doctrine of stare decisis is at once attracted here. ever since the amending act 10 of 1960 whereby tenants-at-will were also clothed with the right of pre-emption there has been total unanimity in this court for two decades on the point .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H236
..... and the period of limitation expires after the commencement of the displaced persons (institution of suits and legal proceedings) amendment act, 1950 may be instituted at any time before the day of expiry of this act'.the period of limitation for suits which had expired on or after 14-8-1947 in case of clause (a ..... and reasonable explanation for the delay in filing the same. the displaced persons (institution of suits) act 1948 was amended by the displaced persons (institution of suits and legal proceedings) amendment act of 1950. the following section was substituted by the amending act.'8. extension of period of limitation.--notwithstanding anything contained in section 3 of the indian limitation ..... points which have been referred to the full bench the facts may be shortly stated.(2) atma ram respondent was carrying on the business of a general merchant in a shop bearing no. 10 situate in anrkali bazar lahore under the name and style of messrs. sita ram atma ram. he had effected insurance .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2004]136STC261(P& H)
..... the law settled by this court in various cases, the illustrative though not exhaustive, principles which emerge with regard to the ambit and scope of an amending act and its retrospective operation may be culled out as follows :'(i) a statute which affects substantive rights is presumed to be prospective in operation, unless ..... custody pending investigation was reduced from one year to 180 days. the question arose as to whether the amending act have retrospective operation and, thus, the amendment applies to cases which were pending investigation when the amendment act came into force. it has been held that the law relating to forum and limitation is procedural ..... taken away.'27. in hitendra vishnu thakur v. state of maharashtra : 1995crilj517 , the supreme court has considered the amendment made in the terrorist and disruptive activities prevention act, 1987. by virtue of amendment act no. 43 of 1993 w.e.f. may 22, 1993, the maximum period during which the accused under the aforesaid .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2006P& H201; (2006)143PLR851
..... and order, dated 23.8.2001, is also under challenge.2. brief recapitulation of the facts is as follows :2.1 the appellant (husband), who is a captain in merchant navy, was married to the respondent (wife) on 9.5.1994 at ludhiana as per sikh religious rites and ceremonies. out of the wedlock, a female child, namely, naseem ..... by the appellant on 15.4.1998 in the court of additional district judge at ambala. subsequently, the appellant sought amendment of the said petition to convert it under section 13 of the act for dissolution of their marriage. the amendment was allowed by the trial court, however, upon challenge by the respondent, this court set aside the same in civil ..... be waived off with the consent of the parties;(ii) once the appellant's petition under section 10 of the act was allowed to be converted into a petition under section 13-b of the act, the amendment will 'relate back' to the date of original petition which was filed more than 6 months before the passing of the consent .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H198; 1967CriLJ254
..... took place during this period were valid in law at the time, when they look place. their validity has been affected by the pepsu tenancy and agricultural lands (amendment) act no. 3 of 1959, which has directly hit the transfers made between 21st august. 1956 and 30th october, 1956 vide section 32-ff. these transactions have not ..... of being heard.it may be mentioned that sections 32-bb and 32-ff were inserted by the pepsu tenancy and agricultural lands (amendment) act, 1959 (punjab act no. 3 of 1959). the effect of this amendment was that transactions made between21st august, 1956 and 30th october, 1956 were not to affect the right of the state government under ..... few of them. one of them is the pepsu tenancy and agricultural lands second amendment act 15 of 1956. this amendment added chapter iv-a to the original act. this chapter is headed 'ceiling on land and acquisition and disposal of surplus areas.' before this amendment, there was no provision for a ceiling on land nor was there a .....
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