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on the ground that section 15 of the act being dependent on section 14 of the act must be deemed to have been repealed by the repeal of the punjab alienation of land act, 1900.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. .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H36
..... 1893, it appears that the law on this point was contained in the punjab laws act, 1872 ..... . when the punjab pre-emption act, 1905, was enacted, separately codifying the law of pre-emption, the lawmakers may well be presumed to be acquainted with the state of law and aware of the view consistently taken by the punjab chief court, which was different from that of the allahabad high court, but no change in the law in this respect was made, apparently because it was not ..... can he get much help in support of his contention from section 15, punjab pre-emption act, on which an attempt has been made to found some argument ..... it is argued that this section clearly provides a distinguishing feature of the law with which the allahabad high court was concerned in the cases decided by ..... . this act has even in recent times been again amended in several respects, but no provision analogous to section 21 of the agra pre-emption act has been ..... view of the allahabad high court has since been adopted by the legislature in the form of section 21 of the agra pre-emption act, 1922 ..... in the memorandum of appeal in this court speaks of bhopal singh being a mere figurehead for the benefit of the vendors, which ground is inadmissible on second appeal in view of the bar created by section 100, civil procedure code ..... has, on behalf of the respondent-pre-emptor, pointed out that in so far as the allahabad view is concerned, there is a statutory provision in the shape of section 21, agra pre-emption act (no. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H52
..... 'now, section 6, punjab laws act, 1872, enacts that in cases not otherwise specially provided for the judges shall decide according to justice, equity and good conscience. ..... whilst that section does not apply to leases for agricultural purpose, by virtue of section 117 of the act, nevertheless, it has been observed and laid down in a series of decisions of this court that the rules in section 106 and in the other sections (sections 105 to 116) in chapter v of the act are founded upon reason and equity; they are the principles of english law and should be adopted as statement of the law in india applicable to agricultural leases. ..... aggarwal urgesthat the provisions of section 111(g) of the act, donot apply to leases for agricultural purposes.section 117 of the act reads: 'none of the provisions of this chapter applyto leases for agricultural purposes, exceptin so far as the state government,......may,by notification published in the official gazette, declare all or any of such provisions to be so applicable (in the case of all or any of such leases), together with, or subject to, those of the local law, if any, for the time being in force.such ..... indeed, there is ample authority under the act that in the absence of any law, usage or custom to the contrary, the principles of chap. ..... the law on the point is contained in section 111(g), t. p. ..... prior to the act, principles of english law relating to leases were applied to agricultural and non-agricultural leases. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H83
..... the equitable principles of that section have to be invoked under section 6 of the punjab laws act and are accordingly deemed to be requirements of law in the absence of any statutory ..... the prescribed time, it was the duty of the collector to consider the question of relieving the lessee of the forfeiture on account of non-payment of rent on the equitable principles contained in section 114 of the transfer of property act, and to actually relieve the lessees of the forfeiture in the circumstances of these cases; (v) the condition for payment of rent by the 15th of january in each year had been waived by ..... could not be terminated under that provision before the expiry of the fixed period of twenty years for which the leases had been granted before the enactment of section 6 in 1957; (iii) even on the facts alleged by the respondents, no order under section 6 of the act could be passed determining the leases of the petitioners as they had not incurred forfeiture of the leases, three being such default as would justify ..... i am, therefore, unable to hold that merely because section 6 was enacted in 1957, the leases of the petitioners could not be terminated under that provision before ..... be something in the language, context or object of an act showing a contrary intention the duty and practice of courts of justice is to presume that the legislature enacts prospectively and not retrospectively. ..... enactments have no restrospective effect, unless explicitly stated to be so in the enactments .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H339
..... 276: (air 1932 lah 157).it would not be out of place also to make a passing reference to section 5 of the punjab laws act according to which in deciding the question of custom it is relevant to bear in mind the principles of ..... custom will be established not based on any assumption or presumption from the statutory rule, but with reference to actual proof of instances showing that custom has undergone change after the enactment of a statutory provision and somewhat in the light or guidance of such a provision.i do not see how in any other manner a provision in a statute, which has not been directly applied dealing with ..... the absence of a daughter or daughter's son succession passes to a sister of the last male holder.this rule of succession when considered along with the statement of general custom in paragraph 23(2) of the rattigan's digest of customary law leads to this, that in regard to non-ancestral property in ambala district, where the case has to be decided according to the rules of succession under custom, sister is an heir to such land of the last ..... in the preface to the first edition dated 5-9-1880, the author has stated that his main object, when he undertook to compile a treatise on the customary law of the punjab, was to collect together and systematize the numerous decisions of the punjab chief court, some reported, but the greater number not so, on questions of succession alienation, marriage, tenures of land, adoption and the like.again when dealing with the .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H99
..... in air 1941 lah 444 (fb), which was decided before section 21-a, of the punjab pre-emption act was enacted, it was held that when the strangers sold their shares to other vendees, namely the proprietors, the pre-emptor's ..... the plaintiff's right of pre-emption is superior under the punjab laws act to that of the vendees collectively as that law recognizes no equal or superior right in a pre-emptor joined with a stranger ..... that because of the amendment of the punjab pre-emption act by introduction of section 21-a, the authorities in which it had been ruled that a vendee by voluntary acquisition can improve his position even after the institution of the suit are no longer good law. ..... however, where the subsequent transferee has lost the means of making use of the coercive machinery of the law to compel the vendee to surrender the original bargain to him, a re-transfer of the property in the former's favour cannot be looked upon as anything more than a voluntary transfer in the former's favour of such title as ..... proceeded on to say :--'the settled law in the punjab may be summarized thus : the doctrine of lis pendens applied only to a transfer pendente lite but it cannot ..... , considering the effect of a vendee associating with him a stranger, said:'the rule of law by which a person, entitled to pre-emption, forfeits his right is based upon the principles of equitable acquiescence which forms one of the most important elements of restrictions imposed upon the vindictive or capricious .....
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