Court : Punjab and Haryana
Reported in : AIR1952P& H252
..... tinder section 7 of the punjab custom (power to contest) act, 1920, it is provided: 'notwithstanding anything to the contrary contained in section 5, punjab laws act, 1872, no person shall contest any alienation of non-ancestral immovable property or any appointment of an heir to such property on the ground that such alienation or appointment is contrary to custom. ..... the circumstances justify it, they cannot think that in that case the question was a direct and substantial issue, particularly when it was at least doubtful whether such an issue could have been raised under the act of 1863 under the authority of which the suit was brought. ..... but it isdifficult to bee how under the act the questionof a hereditary right could properly be raised. ..... the trial court held that the suit was barred by section 11, civil p.o. ..... this, itmay be observed, is relief which it is proper fora competent court to grant under the act of1863 if the circumstances justify it. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H666
..... fails to do so, clause (b) of section 5 of the punjab law act, 1872, applies and the rule of decision must be the personal law of the parties subject to other provisions ..... 552 of 1953, d/- 3-12-1958 (punj), and it is the correct position that in so far as section 14 of the act enacts to give enlarged and enhanced estate of full ownership in land from limited ownership to a hindu female, from its date, it is not an enactment on the subject of succession and on this score it does not fall within the ambit and scope of ..... the collaterals in both the cases contend that thus in enacting section 14 of the act, the parliament has legislated on 'land, that is to say, rights in or over land, ' within the strict scope of entry 18 in list ii of the seventh schedule to the constitution, which list enumerates the subjects within the exclusive legislative field of a state.there can hardly be difference on this that the operative effect of section 14 of the act on land is to give enlarged or enhanced rights to ..... has been given to a hindu female under section 14 of the act is not within the scope of the subject of 'intestacy and succession', but it is a legislation on the subject of special property of females, a matter in respect of which the parties to these cases, in judicial proceedings, were immediately before the commencement of the constitution subject to their personal law, and, therefore, the parliament in enacting section 14 of the act legislated within directly comes within the scope and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2006P& H233
..... sohel singh 110 pr (1906) 390, that 'in all cases under section 5 of the punjab laws act, it lies upon the person asserting that he is ruled in regard to a particular matter by custom, to prove that he is so governed, and not by personal law, and further to prove what the particular custom is. ..... ' in the instant case we are of the view that the custom was confirmed and regulated by the punjab laws act and the principal act and it was done away with by the amendment act. ..... the answer to the question would depend on what resulted when the punjab laws act and the principal act were passed. ..... kaluram (dead) and after him his heirs and legal representatives : [1963]1scr648 , counsel for the appellants submitted that under the hindu law where an alienation of coparcenary property made by karta is challenged by one of the coparceners, the alienee is only required to establish legal necessity for the transaction. ..... gehl singh 1974 punjab law reporter 125, wherein it was held that the said amendment was retrospective and will effect all the pending appeals. ..... it appears that the custom would not be affected by the repeal of the act if the act merely confirmed and recognised the custom. ..... where the custom has been so extinguished, the old rights do not re-emerge on the repeal of the act or, it seems, at the termination of a temporary act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H177
..... i also said there that : '(a) the rule of succession under the punjab laws act, section 5, is personal law unless the person who relies on custom proves that the parties are governed by custom and what that particular custom is; (b) and personal law now favours sisters which is not without effect on customs of hindu tribes if -tribes of hindu origin; (c) custom has to be proved by evidence adduced in the case or may be proved by the production of the riwaj-i-am which will raise a presumption in ..... custom is always in a fluid state and isnow varying round giving females greater rightsthan they were supposed to possess when exponents of customary law basing deductions fromsir henry maine's works laid down the law forthis province in the sixties or eighties of the lastcentury. ..... observed as follows: 'we must also recognise that customary law, like other law, is a branch of sociology and must be in a fluid state and take cognizance of progress of ethical and legal notions in the community in which it is in force. ..... the broad proposition laid down in rattigan's digest of customary law has not received the approval of this court and of mahajan j. ..... 'a custom may be proved by general evidence as to its existence by members of the tribe or family who would naturally be cognizant of its existence and its exercise without controversy and such evidence may be safely acted on which it is supported by a public record of custom such as the riwaj-i-am or manul of customary law. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H356
..... it may be noted that this was a case under section 12 of the punjab laws act. ..... here also the property in dispute was situated outside the walls of delhi in an estate which was formerly known as jahan numa a village which formed part of the privy purse of the emperors of delhi and different sections of it had different names, and custom of pre-emption prevailed only in pahari dhiraj, telivyara and shadipura. ..... an 'ex parte' judgment of the high court whether it is an instance of custom or opinion on a question of law does not become less valuable merely on the ground of the absence of a respondent.24. ..... it was held:'that jahannuma was not a village community, and that no presumption could be made as to the existence of a custom of pre-emption therein under sections 10 and 12, as those sections contemplate not any mere area known by a local name and separately measured; but a property owned by a village community holding on either a zamindarie, pattidari or bhaiyachara tenure, and that consequently the plaintiff was not a landholder under section 12. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H396
..... to the provisions of section 5 of the punjab laws act (4 of 1872) in questions regarding ..... that on account of the concurrent findings of fact recorded by both the courts below about the date of sadhu's death being may 5, 1956 the provisions of hindu succession act would not apply to this case and the question relating to the estate of the deceased shall have to be decided according to the usage by which the parties were governed ..... in the alleged discrimination on the ground of sex because rights of succession varying between different heirs belonging to different sexes have to be determined according to the personal law or the usages by which a party is governed and it ts too much to suggest that all heirs belonging to any sex must have the same rights of ..... in article 13(3)(a) of the constitution, and that in so far as the usage in question discriminates against fate as compared to other hindus governed by their personal law, the usage discriminates merely on the ground of caste or race; and in so far as this law disinherits a mother on remarriage as compared with a father who continues to be an heir of the estate of his predeceased son in spite of remarrying, it discriminates against females merely on the ground of sex; and that on ..... the law based on the custom in question has no doubt been abolished after the coming into force of the hindu succession act, but as already observed, succession in the instant case having opened before the act came into force, this case will have to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)141PLR18
..... section 12(3) specifically provides that the area declared surplus under the punjab law (1953 act) or under the pepsu law, which had not so far vested in the state, would be deemed to have vested in the state government with effect from ..... he has also pointed out that the impugned orders even otherwise were bad in law for the reason that the notice envisaged under section 16(2) of the 1953 act and paragraph 8 of the utilisation scheme had not been issued and that this issue went to the root of ..... bawa, the learned counsel for the allottees have, however, argued that as per the provisions of section 12(3) of the act, the land declared surplus was also deemed to have automatically vested in the government and no event subsequent to that ..... 108 punjab law reporter ..... , (1994-2)107 punjab law reporter 423 and amar singh ..... 1994-2)107 punjab law reporter ..... of land belonging to ganga singh, father-in-law of the petitioners, was declared surplus on 30.11.1961 under the provisions of the punjab security of land tenures act, 1953 (hereinafter called the '1953 act'), vide annexure p-1. ..... it has been argued that in view of section 16(2) of the act read with paragraph 8 of the utilisation scheme, a notice in the prescribed form had to be given to the land owners before the land could be ..... it is clear from a reading of section 16(2) of the act read with paragraph 8 of the utilisation scheme that the primary purpose of this was to ensure that the land owner was paid the correct compensation for the land that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H262
..... -- (1) save in the case of land acquired by the union government or state government under any law for the time being in force or by a tenant under the pepsu law or the punjab law or by an heir by inheritance, no transfer or disposition of land in excess of :-- (a) the permissible area under the pepsu law or the punjab law after the 30th day of july, 1951 and (b) the permissible area under this act, except a bona fide transfer or disposition, after the appointed day, shall affect the right of the ..... state government under the aforesaid acts to the surplus area to which it would be entitled but ..... section 8 has not been repealed expressly, by section 12 (3) of the act, nor can it be said, in the view that we are taking, that it was repealed by necessary implication. ..... 8 (1) up to 23-12-1972, that is to say, to exclude from the operation of section 12 (3), the transfers made up to 23-12-1972 which are protected by s. ..... by section 1 (2) of the amending act, it is deemed to have come into force on 23-12-1972. ..... section 12 (3) was introduced by way of amendment by act xvii of 1976. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)112PLR663
..... even in the rules framed under section 240 of the punjab municipal act, 1911, 'at the time of appointment' of the petitioner, an employee was entitled to continue in service till he attained the age of 60 years. ..... it has been further pointed out that out that the old rules were repealed by the punjab municipal general rules, 1979. ..... consequently, neither under rule 13 which was ultimately repealed nor under the provisions of 1979 rules, the petitioner was entitled to continue in service beyond the age of 58 years. ..... the provisions of the punjab municipal act, 1911 were extended to the territory of the erstwhile state of pepsu by punjab act no. ..... the provisions of the punjab municipal act, 1911 were not applicable in the state of pepsu. ..... this rule was, however, repealed in the year 1979 when the new rules were framed. ..... so far as rule 13 of the punjab municipal committee (general) rules as referred to by the petitioner is concerned, it only provided that superior servants would retire at the age of 58 years and the 'inferior servants' would continue till the age of 60 years. ..... it was only thereafter that the act and the rules became applicable to the petitioner. ..... he has been retired from service in accordance with law. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR51
..... (supra) had been seen with approval but taking note of the non-obstante clause in paragraph 5 the supreme court held as under:-'as has been stated, clause (b) of section 138 of the act provides that the annual value of any building shall 'notwithstanding anything contained in any other law for the time being in force' be deemed to be the gross annual rent for which the building might' reasonably at the time of the assessment be expected to be let ..... case of any house or building together with its appurtenances or any furniture that may be let for use and enjoyment therewith, the gross annual rent-(i) to be calculated on the basis of fair rent fixed under the law relating to rent restriction for the time being in force; or(ii) where no fair rent referred to in item (i) is fixed, at which it is expected to be let or it is actually let, whichever is greater, subject to the following deductions:-(c) in the case of any house or building ..... the language of the enactment in the case of corporation of calcutta, delhi municipal corporation and the punjab municipal act was identical because legislations in each of the areas used the words 'building reasonably be expected to let'. ..... indeed, when the act was repealed in 1951 by act xxxiii of 1951, what was implicit in section 127(a) was made explicit in the proviso to section 168(1) of that act. .....
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