Court : Punjab and Haryana
Decided on : May-24-1948
Reported in : AIR1949P& H165
Achhru Ram, J.1. This is a Letters Patent Appeal from the judgment of a learned Single Judge of the High Court of Lahore, affirming, on appeal, the decision of a Subordinate Judge of Delhi refusing to stay the suit brought by respondent 1 against the appellants and respondent 2 for a declaration to the effect that the agreement dated 14th July 1942, executed between respondent 1 and the appellants was invalid and unenforceable on grounds of fraud and misrepresentation, and for cancellation of the aforesaid agreement as well as for recovery of a sum Of Rs. 2,50,000.2. The facts giving rise to this appeal may be briefly stated as follows: The Board of trustees of the Hindu College, Delhi, wanted to construct a hostel for the College on the land allotted to the said College by the University of Delhi in what is called 'the University Town.' On 3rd May 1940, they requisitioned the services of Messrs. Master Sathe and Bhuta, a firm of architects, carrying on business in New Delhi, for prepa...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-26-1948
Reported in : AIR1949P& H67
Mahajan, J.1. This Full Bench has been constituted to answer the following questions of law:(1) When an amended petition under Section 491, Criminal P.C., is presented on behalf of a person in detention, does the presentation of the amended or fresh petition make the original petition infruotuoua, in a case where of the amended petition cognizance has been lateen by a Judge and notice on it issued 1 Whether in Aese circumstances has an Hon'ble Judge before whom ihe original petition is laid power to deal with it?(2) When a petition under Section 491, Criminal P.C., is already pending in the High Court, whether a petition resented substantially on the same facts subsequently can be dealt with by the Court before the first petition is disposed of?(3) Whether any petition under Section 491, Criminal P.C., or under any other section can be presented direst to an Hon'ble Judge and entertained by him. In other words, can a petition under Section 491, Criminal P.C., be made to a Judge of this...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-03-1948
Reported in : 1951CriLJ1041
Ram Lall, C.J.1. The following two questions have been referred to a F.B. for decision:1. Whether when proceedings are submitted by a Ses. J. to the H. C. before 15-8-1947 under Section 374, Cr. P.C. for confirmation of a sentence of death passed by him, the Lahore H, C. has Jurisdiction to deal with the case, irrespective of the fact that the offence was committed & the trial held in territories comprised in the East Punjab Province?2. Whether the appeal filed: (a) by the convict sentenced to death, & (b) by co-accused who were sentenced to a lower penalty but notice of enhancement of sentence was served on them before 15-8-1947 by the Lahore H. C; can be heard & decided only by the said Ct.?2. The reference arose in the following circumstances : One Bashir Ahmad was arrested at Jullundur on 8-3-1947 in connection with a murder said to have been committed on the same day at Jullundur. The learned Ses. J. tried him at Jullundur & convicted & sentenced him to death on 2-7-1947. On 11-7-...
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