Judgment Search Results Home > Cases Phrase: punjab laws act 1872 section 4 enactments repealed Court: himachal pradesh Page 1 of about 88 results (0.131 seconds)

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 .....

Bhagwati Charan Vs. Sunder Lal and anr.

Court : Himachal Pradesh

Reported in : AIR1951HP69

..... there is no doubt that since the formation of himachal pradesh the punjab laws act (iv [4] of 1872) has been enforced in this state, but the only effect of that, in view of the provisions of section 5 of that act, is that the rule of decision in questions regarding various matters enumerated in the section, including adoption, shall be any custom applicable to the parties concerned, or the personal law of the parties except in so far as it has been modified by ..... enforcement of the punjab laws act, 1872, could not possibly have the effect of introducing into this state of himachal pradesh the customary laws generally prevalent amongst the agricultural tribes of the punjab. ..... iii of his well-known digest of civil law, for the punjab chiefly based on the customary law, adoption partakes more of the character which the act assumed in the later roman law as a simple nominis heredis institutio: that is to say, it is more or less public institution by a sonless owner of land of a person to succeed ..... the fact is that this question of the applicability of the aforesaid general customary law prevalent amongst the agricultural tribes of the punjab to the residents of nahan was not argued before me by the learned counsel ..... cited to support the view that the general customary law prevalent in the punjab should also be followed in nahan.9. ..... for that reason that adoption, according to the customary law prevalent amongst the agricultural tribes of the punjab, is spoken of as the 'appointment of an .....

Prem Chand and anr. Vs. Lilawati Shanti and ors.

Court : Himachal Pradesh

Reported in : AIR1956HP16b

..... reading section 29 of the indian succession act 1925 and section 5 of the punjab laws act together, it cannot, in my opinion, be argued seriously that the punjab laws act of 1872 would not be covered by the expression "any other law for the time being in force" to be found in section 29(2), succession act. ..... , expressed himself in the following terms: "now so far as this province is concerned, under section 5, punjab laws act, 1872, the primary rule for decision in matters of succession is custom, which may be found to govern the parties, but it is for those, who allege that there is such a custom, to establish it ..... after recording the evidence of the parties and hearing their arguments, the trial court came to the conclusion that parties, being christians, were governed by the provisions of the succession act and they could not rely on any custom, as contemplated by section 5, punjab laws act, 1872. ..... , we are concerned with a case to which the provisions of the punjab laws act, 1872, apply. ..... this clearly makes an exception in the case of the local laws, and, as i have stated above, so far as this province is concerned, section 5, punjab laws act, does provide an exception." 8. ..... , indicated as follows: "the two enactments which regulate matters of succession in this province are act x of 1865 and act iv of 1872; clause (a), section 5 of the latter act assuming it equally applies to native christians, is obviously of no avail in the present case as no family custom is admittedly proved .....

Munshi Ram and anr. Vs. Raghubir Chand

Court : Himachal Pradesh

Reported in : AIR1952HP60

..... under section 5 of this act, the corresponding provision in the himachal pradesh (application of laws) order, 1948, will be deemed to have been repealed and therefore the correct provision of law for determining the question of the court-fee payable on the present appeal, which was filed on 24-8-1951, is the court-fees act as mentioned in the schedule appended to the merged states (laws) act, 1949 ..... (5) having regard to the above principles, it must be taken that the omission of the punjab acts in the merged states (laws) act, 1949 was deliberate, and that the defendants are entitled to the benefit of that omission. ..... the learned counsel for the defendants-appellants contended that it is not open to any court to proceed upon the assumption that the legislature had made a mistake in omitting mention of the punjab amendment acts in the schedule appended to the merged states (laws) act, 1949. ..... one of such enactments was the court-fees act (vii (7) of 1870) as amended by the punjab court-fees (amendment) acts of 1922, 1926 and 1939 ..... according to the taxing officer the fee is payable under the court-fees act (vii (7) of 1870), as amended by the punjab court fees (amendment) acts of 1922, 1926 and 1939, and as such there is a deficiency of rs ..... it was however not mentioned that this act was applied as amended by the aforesaid punjab amendment acts. ..... the enactments, both central and provincial, which were applied to himachal pradesh under this order were specified in the schedule appended .....

State of Himachal Prades. Vs. Chinta Rani, and Others.

Court : Himachal pradesh

..... been held that all rights, title and interest of the land owners in the land in any estate, which vested in the panchayat, under section 4 of the punjab act, except the land used or reserved for the benefit of village community and also the land described in the revenue records as shamlat taraf, patties, pannas and thola and not used for the benefit of ..... once the vesting of suit land in favour of state has not been challenged in accordance with law then by virtue of section 3 of the act vesting is automatic, therefore, the consequence of vesting would flow from the act itself and the state has become the owner of the suit land by virtue of vestment under section 3 of the act. ..... once the land has vested in the state, the possession of respondents on the suit land cannot be in the capacity of hissedar title holders of the land owned by the appellant, hence substantial question of law no.3 to this extent is decided in favour of appellant. 10. ..... the substantial question of law no.1 is answered to the effect that civil court has jurisdiction to grant relief of permanent prohibitory injunction on the basis of possession of the respondents on the suit land which has nothing to do with the vestment of the suit land in ..... the substantial questions of law no.1 to 3 are interconnected, therefore, all of them are taken up together for disposal. ..... was substituted in the column of ownership and the respondents were shown as kabaz hissedaran which entry is against law and factually incorrect. .....

Sureshwari Datt Vs. Parma

Court : Himachal Pradesh

Reported in : AIR1963HP34

..... that sub-section reads as below : 'the repeal of the punjab tenancy act 1887 as applied to himachal pradesh tinder section 147 shall not affect its previous operation.' 15. ..... in that case the succession had opened while the mandi land revenue regulation (8 of 1975 samvat) was in force and it was in that context held that the rights of the parties were governed by section 19 of the regulation despite its repeal and despite the fact that the hindu law and not the said regulation was in: force on the date of the institution of the suit. ..... that provision of law according to section 117 of that act is not applicable to agricultural leases in the absence of a notification to that effect by a state government. ..... clause (a) to section 111 of the transfer of property act which provides that a lease of immovable property determines by efflux of time limited thereby is necessarily not a recognition of the principle of justice, equity and good conscience and in any case it cannot be applied to agricultural leases which are governed by special laws. 7. ..... in fine, the legal position re : land as defined in the tenancy laws appears to be that if once the relationship of landlord and tenant comes into existence it continues unless it is terminated in accordance with the provisions of the tenancy laws. 18. ..... it has secondly been urged on behalf of the petitioner that at the time of the institution of the suit the respondent was not a tenant even under the provisions of the tenancy laws. 8. .....

Mehar Singh Vs. Baldev Singh

Court : Himachal Pradesh

..... learned counsel for the petitioner pointed out that the east punjab urban rent restrietion act is a local law, as, contemplated in section 29 (2), limitation act, and the period of limitation prescribed for an appeal under section 15 (b) of the former act is only 15 days; whereas under article 152, the period of limitation for an appeal to the district judge is 30 days from the date of the ..... that being the case, it is contended that the provisions of section 12, limitation act, would apply to appeals to the appellate authority under the east punjab urban rent restriction act, since the provisions of section 12, limitation act, are not expressly excluded by the east punjab urban rent restriction act..it was further urged that once the provisions of section 12 (2), limitation act, are applied, the appeal to the appellate authority would be ..... ' 'where the financial commissioner in revision under section 84, punjab tenancy act does not accept the law as stated in section 12, limitation act, and refuses to apply the provisions of that section on unsustainable grounds, his decision is clearly in flagrant violation of section 12, limi-tation act, and a petition under article 227 is competent in respect of that decision ..... following pertinent observation: two propositions are quite clear; one, that a preamble may afford useful light as to what a statute intends to reach, and the other that if an enactment is itself clear and unambiguous, no preamble can qualify or cut down the enactment. .....

Mohan MeakIn Ltd. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2007(3)ShimLC456

..... above that this fees could be levied by the state government under its powers and there was no condition of quid pro quo in view of the latest law of the hon'ble apex court and, therefore, the impugned notifications issued under the provisions of punjab excise act and rules framed thereunder were within the legislative competence of the state and they cannot be held to be the ultra vires of the constitution and as ..... contract in between the petitioner and the state government and once the licence fees are enhanced in exercise of the powers vested in the state government under the constitution and under the provisions of the punjab excise act and rules made thereunder, the licence fee could have been enhanced by the state government since the petitioners have got no right to deal in the trade of liquor and accordingly, the enhancement of ..... the state is undoubtedly entitled to levy excise duty on the rectified spirit issued from a distillery under section 17(f) of the act read with rule 13 of the kerala rectified spirit rules, 1972, but it refrained from making any such levy by reason of rule 21 of the central rules and has, therefore, by proviso to rule 8, allowed a manufacturer of ..... the apex court held that the state was competent to enact a law in respect of use and possession of ayurvedic preparations containing alcohol as ..... the impugned provisions have been enacted to ensure that rectified spirit is not misused under the pretext of being used for medicinal and toilet preparations .....

Mandir Sri Deota Jakh Vs. Sishi Ram

Court : Himachal Pradesh

..... was argued that the aforesaid corresponding law as contained in para 36, himachal pradesh (courts) order, 1948, which was promulgated by the centralgovernment in exercise of the powers conferred by sections 3 and 4, extra-provincial jurisdiction act 1947 (47 of 1947), stood repealed by virtue of section 5, merged states (laws) act, 1949. ..... under para 3 of this order the enactments specified in the schedule appended to the order, which included the court-fees act, 1870, were applied to himachal pradesh subject, inter alia, to any amendments to which the enactments were for the time being generally subject in the territories to which ..... under section 5(b), bashahr state courts act (i of 1943), which came into force on 1-4-1943, read with a notification issued by the raja of bashahr on 24-8-1946, the indian court-fees act (7 of 1870) as modified upto date, including the amendments effected by the court-fees (punjab amendment) act, 1922, was applicable to all suits, appeals or applications except that the table of ad valorem court-fee given in the schedule of those acts was not to apply and the rate of ad valorem ..... of this order had the effect of amending the court-fees act to this extent that revision petitions became chargeable as in the punjab under sch. ..... 1948, the court-fees payable on applications to this court for the exercise of its revisional jurisdiction under para 35 is the same as those payable on like applications to the high court of judicature for the east punjab, i.e. rs. .....

Girdhari Lal Vs. Spedding Dinga Singh and Co.

Court : Himachal Pradesh

Reported in : AIR1954HP52

..... on 4-8-1953 and not yet reported, to the effect that the court-fees act, 1870 continued in force in the bashahr state as amended by paragraph 36 of the himachal pradesh (courts) order, 1948, despite the provisions of section 5 of the merged states (laws) act, 1949, inasmuch as that section purported to repeal corresponding and not the same law. ..... that under it mclaren was not an agent 'specially authorised' to sign the statement on behalf of ellvers, as required by the second paragraph of sub-section (1) of section 58 of the partnership act.one other statement elicited from eawa sundar singh in cross-examination which was caught hold of by the learned counsel for the appellant was that the power ..... the thread, string or wire upon which writs and other exhibits in courts and offices are fastened or filed for the more safe keeping and ready turning to the same (black's law dictionary), and as a verb the placing of papers on file or among public records (fowler's concise oxford dictionary).however loosely may we be sometimes using, certain words and phrases in ..... as amended by the punjab court fees (amendment) acts of 1922, 1926 and 1939.it was subject to these amendments that the court-fees act (vii of 1870) was applied to himachal pradesh under the himachal pradesh (application of laws) order, 1948, ..... punjab amendments in question, however, affected the substance of the court-fees act, 1870, inasmuch as they enhanced substantially the rates of court-fee as originally fixed by the act .....