Court : Punjab and Haryana
Reported in : [1966]62ITR147(P& H)
..... trustees appointed under a trust declared by a duly executed instrument in writing, whether testamentary or otherwise (including the trustee or trustees under any wakf deed which is valid under the mussalman wakf validating act, 1913) are entitled to receive on behalf of any person, the tax shall be levied upon and recoverable from such court of wards, ..... constitutionality and should support the legislation if it is possible to do so on any reasonable ground and it was for the party, who attacked the validity of the legislation, to place all material before the court which showed that the option given to the department was arbitrary and unsupportable (see the this ..... business of arms and ammunition. this partnership was registered with the income-tax authorities under section 26a and other relevant provisions of the indian income-tax act, 1922. in a civil suit filed by one harbhajan singh, for dissolution and rendition of accounts of the previous partnership against the petitioner and the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H344
..... and that - ' as a general rule all persons who are competent to make a valid gift are also competent to constitute a valid wakf. islam is not a necessary condition for the constitution of a wakf. any person of whatever creed may create a wakf but the object for which dedication is to be made should be lawful according to the ..... 6. the first point to be determined is whether the land in dispute is wakf property as defined in the 'wakf act,' 29 of 1954 (hereinafter callled 'the act'). i have set out above the definition of wakf as given in the act. according to this definition, the wakf should have been created by a person professing islam, and not by anybody else ..... creed of the dedicatory as well as islamic doctrines.' in view of the definition of wakf in the act, this .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H331
..... as such. the probate too has been granted of the will in question and the plaintiff is clearly entitled to realise the debt in suit and to give a valid discharge for it. the view of the court below is obviously unsustainable. even the learned counsel for the respondent, who has taken every conceivable objection in this court ..... the view that the probate initially granted could not be extended to the debts mentioned in exhibit p. 11, because there is no specific provision in the indian succession act empowering, such extension. according to that court, section 257 applies only when initially a grant with exception is made, which is not the position in this case; ..... evidence not being duly stamped and, therefore, could not form the basis of the suit.reliance in the pleading was also placed on section 5 of the stamp act which requires an instrument comprising or relating to several distinct matters to be chargeable with the aggregate amount of duty. this written statement ended with a note that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1990P& H99
..... passed by the commissioner, jalandhar division, jalandhar, dismissing 19 appeals filed by the petitioner-corporation. the petitioner also challenges the constitutional validity of section 113 of the punjab municipal corporation act, 1976 (for short, 'the act') being beyond the competence of the state legislature. the circumstances which have led to the controversy may briefly be stated thus :the ..... local area for consumption, use or sale therein.' 13. every enactment imposing a tax on the citizens has to be intra vires the state legislature. for its validity it has to be referable to an entry in list ii of schedule vii of the constitution i!' framed by the state legislature. entry 52 of list ..... power.'16. read down as we have done, provisions oi s. 113 of the act are not beyond the competence of the state legislature and can fairly be referred to entry 52 of list ii of schedule vii of the constitution for validity, the first submission of mr. kapoor fails.17. from the pleadings of the parties .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1998)DMC85
..... . further, in the event of default or non-availability of such relations, the maintenance is to be paid by the wakf board in accordance with the provisions of sub-section (2) of section 4 of the act. the purpose is to ensure payment of fair and reasonable amount of maintenance by providing alternative sources for payment. thus, ..... of amount of maintenance, but no construction of such provision leads to frustration of statutory right, as no construction which leads to frustration of statutory project can secure validity, if the court has to pay true homage to the constitution. '64. the payment of mehr, thus, being payment as consideration for marriage cannot be consideration ..... a special provision on a matter excludes the application of a general provision on that matter, has not to be applied when the two provisions deal with remedies, for validity of plural remedies cannot be doubted (refer bihar state co-operative marketing union ltd. v. uma shanker saran, a.i.r. 1993 s.c. 1222). the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR603
..... commenting on the judgment of the supreme court in the case of bishan paul (supra) he submitted that these terms were laid down for passing of a valid title to the purchaser from the date of confirmation of auction. therefore, the question of lis pendens would not arise because the earlier civil suit was filed much ..... on appeal, the findings recorded by the civil judge were affirmed. after referring to sub-section (1) of section 2 of the wakf act, 1954 and the judgment of this court in the case of punjab wakf board v. panchayat commissioner, patiala division, 1973 revenue law reporter 647, the learned additional district judge held that the property, which ..... suit property. would it be when the auction was confirmed by the rehabilitation department in his favour or when the sale certificate was issued the plaintiff-punjab wakf board has filed the instant appeal against the defendant-respondents under section 100 of the code by raising the argument that before the title could be transferred .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H185
..... the privy council cast the onus on the plaintiff who instituted the suit for a declaration that the deed of wakf and the deed of gift were valid and that the properties which were the subject-matter of those deeds were not liable to attachment and sale.a ..... trust of the whole to a. in this respect the general rule of the indian law, which is laid down in the indian trusts act, 1882, section 82 differs but little, if at all, from the general rule of english law on the subject. in both systems ..... yusaf, air 1927 lah 420, but here too the court was concerned with the scope and effect of section 53 transfer of property act. it is laid down in this authority that in cases where there are debts due at the time of a gratuitous transfer, it ..... both of these decisions deal with cases where a plea of defeating or delaying creditors under section 53 of the transfer of property act was the subject-matter of discussion.in the first case, it has been laid down that where the transferee is a volunteer that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1990P& H259; (1990)98PLR666
..... the principal market yard or sub-market yard and not anywhere else in the rest of the notified market area. the punjab agricultural produce markets (amendment and validation) act. 1976, amending the definition of 'licensee' was challenged by the petitioner as well as some others. the writ petitions were dismissed by this court. the ..... state of haryana) and a number of connected writ petitions, which were directed against the vires of the punjab agricultural produce market (haryana second amendment and validation) act, 1980, were dismissed by a constitution bench of the supreme court by order dated december 3, 1985. in doing so, their lordships observed that the ..... of the said earlier law effective from the date when it was passed.56. the validity of a validating act is to be judged by examining whether the legislature enacting the validating act had competence over the matter and whether by validation the legislature had removed the defects which the court had found in the previous law. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H236
..... policy saying that no suit shall be brought on the policy after one year from the death of assured, is a reasonable condition and a valid one. section 28 of the contract act clearly makes such a condition void. the decree is set aside and the case is remanded to the small causes court to be tried on ..... and substances an agreement limiting the time within which rights may be enforced by legal proceedings and because of mere change of phraseology or words courts should not accord validity to such clauses as that would mean virtually allowing insurance companies to perpetrate a fraud on the statute (section 28). he has also referred to a decision ..... and really give the true meaning'.in the patna case itself, if section 5 of the bihar wakf act had been grammatically construed no majlis could ever by established or incorporated and the object and intent of the act--the better administration of wakfs--would have been wholly modified. the section was accordingly so construed by the bench as if the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H284
..... 87/ p. a. i/ 14/s 59/ amd (2) / 64 and is dated 7th march 1964, presumably it has been so dated for the purpose of validating the action already taken or the consequences of a decisions of this hon'ble court and this amendment not only violates for collateral and extraneous considerations. apart from this notification ..... in order t appreciate the first contention it will be proper to set out the various provisions of the statute and the rules. section 3 of the punjab excise act 1913 (punjab act 1 of 1913) defines 'collector ' and the 'financial commissioner ' as follows:'3(3) 'collector' includes any revenue officer in independent charge of a district ..... and any official appointed by the state government to a discharge throughout out any specified local area the functions of a collector under this act. 3(11) 'financial commissioner ' shall when there are more financial commissioner than one be constructed as meaning one or more of the financial commissioners.'chapter vi .....
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