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Darshan Singh Vs. Ram Pal Singh and Another

Court : Supreme Court of India

Reported in : AIR1991SC1654; JT1990(4)SC561; 1990(2)SCALE1114; 1992Supp(1)SCC191; [1990]Supp3SCR212

..... section 5 of the punjab laws act, 1872 provides:decisions in certain cases to be according to native law: in questions regarding succession, special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, partitions, or any religious usage or institution, the rule of decision shall be:(a) any custom applicable to the parties concerned, which is not contrary to justice, equity or good conscience, and has not been by this or any other enactment altered or abolished, and has not been ..... its preamble said:whereas certain rules, laws and regulations made heretofore for the punjab, acquired the force of law under the provisions of section 25 of the indian councils act, 1861; and whereas it is expedient to declare which of the said rules, laws and regulations shall henceforth be in force in punjab, and to amend, consolidate or repeal others of the said rules, orders and regulations; it is hereby enacted as follows. ..... from the statement of objects and reasons of the amendment bill, 1973, there is no doubt that alongwith the repeal of the punjab pre-emption act, 1913 it was considered that the right to contest alienation of immovable property whether ancestral or non-ancestral on the ground that it was contrary to custom should be done away with. .....

Uttam Singh Vs. Kartar Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1954P& H55

..... 511 he said: 'the fundamental question raised by the argument is whether the customary right of preemption dealt with under the punjab laws act, 1872, is a right to or in immoveable property within the meaning of this section, and it appears to me that it is not. ..... these various sections of the punjab laws act continued in force till 1905 when the first punjab pre-emption act was enacted and sections 11 to 15 dealt with the right of pre-emption. ..... in -- 'air 1953 punj 20 (a)', the validity of the act was challenged on the ground that section 15 of the act being dependent on section 14 of the act must be deemed to have been repealed by the repeal of the punjab alienation of land act, 1900. ..... in dealing with that point the court found that the repeal of the punjab alienation of land act, 1900, does not in any way affect the provisions of section 15 of the act as that section is in no way dependent upon section 14 of the act. ..... for the reasons given in -- 'air 1953 punj 20 (a)', i hold that the repeal of the punjab alienation of land act, 1900, by the adaptation of laws (third amendment) order, 1951, does not render the provisions of sections other than sections 3(4), 14,23. ..... for the foregoing reasons i have no doubt that the provisions of the punjab pre-emption act, 1913, as modified by the repeal of the punjab alienation of land act, 1900, are not open to challenge on the ground that they are inconsistent with the provisions of article 19(1)(f) of the constitution of india. 37. .....

Mihan and anr. Vs. Inder and anr.

Court : Punjab and Haryana

Reported in : AIR2008P& H200; (2008)151PLR354; AIR2008P&H200; 2008(6)AIRKarR68(FB)

..... according to the learned counsel in darshan singh's case (supra) the supreme court dealt with section 5 of the punjab laws act, 1872, the punjab limitation (custom) act, 1920, and the punjab custom (power to contest) act, 1920 and has concluded that section 7 of the punjab custom (power to contest) amendment act, 1973, put a complete bar to contest any alienation of ancestral or non-ancestral immovable property or appointment of an heir to such property on the ground that such alienation or appointment was contrary to custom. ..... it would be apposite for us to make a reference to the history of legislation concerning alienation, which could be traced to 1872 when the punjab laws act, 1872, was enacted. ..... of a person governed by hindu law was also restricted qua ancestral property, or what is termed as coparcenary property.position after the commencement of the succession act - propositions laid down in joginder singh's case(a) the succession act has brought about a uniform code of succession amongst hindus irrespective of the fact whether they were previously governed by hindu law or custom, and to that extent both hindu law and customary law stood modified or repealed by virtue of the overriding effect of section 4 of the succession .....

Amarsarjit Singh Vs. the State of Punjab

Court : Supreme Court of India

Reported in : AIR1962SC1305; [1962]Supp3SCR346

..... then there is punjab descent of jagirs act, 1900 (punjab act iv of 1900), which introduced in the punjab laws act, 1872, ss. ..... 8 to 8c of the punjab laws act, 1872, which were inserted by the punjab descent of jagirs act iv of 1900, and reproduces them in ss. 7 to 10. ..... section 3 enacts that - 'notwithstanding anything to the contrary contained in any law or usage any grant settlement, sanad or other instrument, or any decree or order of any court of authority, all jagirs shall, on and from the commencement of this act, be extinguished and stand resumed in the name of the state government. 4. ..... ' it is not disputed that these words are wide enough to include the british government which made the grant, but it is contended that this definition was not in the act as originally enacted and was inserted by the punjab resumption of jagirs (amendment) act, 1959, and that the rights of the parties should be determined in accordance with the law as it stood prior to the amendment. ..... so long as the lands are within the state of punjab, the legislature has full competence to enact a law providing for their resumption under entries 18 and 45. ..... this act repeals ss. .....

Kalwa Vs. Vasakha Singh and anr.

Court : Punjab and Haryana

Reported in : AIR1982P& H480

..... the act of 1905, which replaced the provisions of sections 9 to 20 of the punjab laws act of 1872 and, later on, the act of 1913, which replaced the act of 1905, first aimed at reshaping the family or the tribal base of the village; where that failed, they aimed at preserving the integrity of the village as it stood at the time the acts were passed and when that again failed, they aimed at ..... the legislature to turn the opposite way and extend the list of the class of pre-emptors by thrusting the whole lot of relations in sub-section (1) as also the co-sharers or tenants therein is, in my view, frustrating the very object and the intent of the legislature in enacting sub-section (2) and thus treating female vendors succeeding through specified class of male-owners as a distinct class of its own in whose case the number of ..... 'it is manifest from the above that their lordships have now authoritatively laid down that the intent of the legislature in enacting section 15(2) of the act was the twin one of confining the right of pre-emption to the issue of the last male holder through whom she had succeeded to the property and to vest the right ..... effect of abrogating or repealing or in any way modifying the other provisions of the enacting ..... of the legislature is treated in the same manner as that of any other author, and the language of every enactment must be construed as far as possible in accordance with the terms of every other statute, which it does not in express terms modify or .....

Deputy Legal Remembrancer Vs. Ahmad Ali

Court : Kolkata

Reported in : (1898)ILR25Cal333

..... provisions of the first paragraph of section 3 of the criminal procedure code, which runs as follows: 'in every enactment passed before this code comes into force, in which reference is made to, or to any chapter or section of, the code of criminal procedure act xxv of 1861, or act x of 1872, or to any other enactments hereby repealed, such reference shall, so far as may he practicable, be taken to be made to this code or to its corresponding chapter or section. ..... we therefore set aside the sentence passed on the accused as being contrary to law; and having regard to all the circumstances of the case we sentence the accused under section 457 of the penal code to rigorous imprisonment for six months, the sentence taking effect from the ..... nor does section 3 of act viii of 1897 really raise, as it might at first sight seem to do, any inference that section 399 of the code of criminal procedure is in force throughout british india, and is repealed in any province only from the date of the notification mentioned in the section, such notification having reference, as section 1, sub-section 3 shews, only to the punjab and coorg, and not to ..... the repeal of act v of 1876 does not revive section 399 of the criminal procedure code in places in which it had been repealed by the first mentioned act, regard being had to the provisions of section 7 of the general clauses act (x of 1897), which, in fact, embodies the rule of english law applicable to the subject (see maxwell on the interpretation .....

Balia and anr. Vs. Kanshi Ram and ors.

Court : Himachal Pradesh

..... learned counsel referred to section 5 of the punjab laws act, 1872 which give out the legislative declaration that in a question regarding adoption the rule of decision would be governed by the hindu law except in so far as such law, was altered or abolished by legislative enactment, or was opposed to the provisions of that act or was modified by any ..... counsel for the plaintiff-appellants sought aid of section 5 of the punjab laws act, 1872--a provision of provincial legislation in support of his contention that hindu law applied to madhan state in the matter of adoption ..... section 5 of the punjab laws act, 1872 was obviously made applicable to himachal pradesh under the himachal pradesh (application of laws ..... took place in the year 1919 and the punjab laws act, 1872 was made applicable to madhan state in 1948. ..... legislative direction contained in section 5 of the punjab laws act. ..... 1872 by virtue of section 7 of the himachal pradesh (application of laws) order, 1948 applied to madhan state andthe provisions of hindu law ..... the learned counsel submitted that neither any provision of that act was pointed out nor any custom was pleaded contrary to the provision regarding adoption enumerated in hindu law and therefore the ceremony of giving and taking was essential ..... (12th edition) that the power of the courts of india to apply the hindu law to hindus is derived from and regulated by certain statutes of the british parliament and by imperial and provincial legislation passed during the period .....

Pritam Singh Vs. Assistant Controller of Estate Duty

Court : Punjab and Haryana

Reported in : [1976]103ITR661(P& H)

..... section 5 of the punjab laws act, 1872, reads as follows: 'in questions regarding succession, special property of females, betrothal and marriage, divorce, dower, adoption, guardianship, minority bastardy, family relations, wills, legacies, gifts, partition, or any religious usage or institution, the rule of decision shall be-(a) any custom applicable to the parties concerned, which is not contrary to justice, equity or good conscience, and has not been by this or any other enactment altered or abolished, and has ..... therefore, it is clear that section 5 of the punjab laws act, 1872, does not raise any presumption in favour of the existence of custom to the exclusion of personal law and if any person alleges that he or any other person is governed by custom, then he must plead and prove ..... to do so, clause (b) of section 5 of the punjab laws act applies and the rule of decision must be the personal law of the parties subject to other ..... and certain other matters, the law in the punjab is contained in section 5 of the punjab laws act, no. ..... the office of the superintending engineer, electricity branch, jullundur, and that the second son of tbe deceased, shri niranjan singh, did some business for five to six years in the district of karnal, punjab (now haryana), and later was employed under some co-operative society of reru from 1933 to 1944' after the death of udham singh, the assistant controller of estate duty made an assessment on his three ..... it has repealed all previous law relating to .....

National Assn. of Motion Pictures Exhibitors, Delhi Vs. Union of India ...

Court : Delhi

Reported in : ILR1983Delhi691

..... the position that emerges in law is that whether the parliament itself had passed an act like punjab act and made applicable to union territory of delhi or whether the central government by virtue of section 2 of the union territories laws act has extended an enactment like punjab act to the union territory of delhi, both of them would owe their source to the same authority namely the parliament. ..... (laws) act at the time of reference before the supreme court in 1951 reads as follows: the central government may, by notification in the official gazette, extend to any part 'c' state (other than coorg and the andaman and nicobar islands) or to any part of such state, with such restrictions and modifications as it thinks fit any enactment which is in force in a part a state at the date of the notification (and provision may be made in any enactment so extended for the repeal or amendment ..... court explained that it was not intended by section 2 of part state laws act that the authority concerned should take upon itself to examine the virus of each and every provision in the statute and then extend only such of them as it considered to be valid and that the expression 'enactment which is in force in part a state' must be construed as meaning a statute which is in operation in part a state as distinct from a statute which had been repealed and it cannot be interpreted as having reference .....

Charan Singh Harnam Singh and anr. Vs. Gurdial Singh Harnam Singh and ...

Court : Punjab and Haryana

Reported in : AIR1961P& H301

..... section 5 of the punjab laws act, 1872, provides that in questions regarding succession, the rule of decision shall be (a) any custom applicable to the parties, (b) the personal law of the parties except in so ..... to do so clause (b) of section 5 of punjab laws act applies and the rule of decision must be the personal law of the parties subject to other ..... in a case where no contrary custom is alleged or proved, the provisions of the said section would evidently govern the rights of the parties and this is precisely what the aforesaid paragraph 33 means.it is a well-established proposition of law that hindus in the punjab are governed by the hindu law and mohammadans by the mohammadan law except of course to the extent of existence of any custom to the contrary, and where any party relies on such a custom ..... nor proved any custom contrary to the provisions of section 5 of the hindu widows re-marriage actand it must, in these circumstances, be held that the rule of hindu law as given in s, 5 of the hinduwidows re-marriage act governs the rights of theparties in the present controversy. ..... the basis of the exception to the general rule given in paragraph 32 of the rattigan's digest of customary law clearly appears to be that according to the notions generally prevailing amongst jats of punjab a widow by marrying the brother of her first husband does a thing which is regarded by custom to be a proper one and adopts a course which is regarded to be the only right course.by virtue of such .....