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. .....
Tag this Judgment!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to include the british government which made the grant, but it is contended that this definition was not in the act as originally enacted and was inserted by the punjab resumption of jagirs (amendment) act, 1959, and that the rights of the parties should be determined in accordance with the law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. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC1041; [1959]Supp(2)SCR781
..... 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 far as modified by custom or legislation. ..... if he fails 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 provisions of the clause.' 41. ..... 1901 in which the collaterals were the plaintiffs and the sister the defendant, it was observed : 'on the question of inheritance, for the plaintiffs it has been contended that under the general customary law of the punjab governing agricultural communities, the collaterals in the male line, fifth in descent from the common ancestor, exclude sisters, but we are not prepared to assent to the wide proposition that such a general custom exists.' 18. ..... 1893 said, 'it seems expedient to point out that there is strictly speaking no such thing as a custom or a general custom of the punjab, in the same sense as there is a common law of england, - a general custom applicable to all persons throughout the province, subject (like the english common law) to modification in its application, by a special custom of a class, or by a local custom. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1951]2SCR747
..... i will now deal with section 2 of the part c states (laws) act, 1950, in so far as it gives power to the central government to make a provision in the enactment extended under the act for the repeal or amendment of any corresponding law which is for the time being applicable to the part c state concerned. ..... delhi, which up till the 17th of september, 1912, was a part of the province of the punjab, was created a chief commissioner's province on that date and on the following date the governor-general's legislative council enacted the delhi laws act (act xiii) 1912 which came into force on and from the 1st of october, 1912. ..... the province of delhi was carved out of the province of punjab and was put under a chief commissioner and by section 2 of the delhi laws act the laws in force in the punjab continued to be operative in the newly created province of delhi. ..... ajmer-merwara and various part c states under the said sections respectively, and of the orders and other instruments issued under the acts so extended; and whereas the validity of section 7 of the delhi laws act, 1912, and section 2 of the ajmer-merwara (extension of laws) act, 1947, and of the acts extented by virtue of the powers conferred by the said sections has been challenged in some cases pending at present before the punjab high court, the court of the judicial commissioner of ajmer, and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472
..... for all the above reason, we hold that the levy of taxes on property by the punjab municipal act, 1911 (as extended to part 'c' states of delhi by part 'c' states (laws) act, 1950), the delhi municipal corporation act, 1957 and the new delhi municipal council act, 1994 (both parliamentary enactments) constitutes 'union taxation' within the meaning of article 289(1).part - iv40. ..... district of delhi comprising the tehsil of delhi and police station of mehrauli) which were formerly included in the province of punjab, with a view to provide for the administration thereof by a chief commissioner as a separate province to be known as the province of delhi; it was the said status which was affirmed by the delhi laws act, 1912; section 5 of the government of india act, 1935 made a clear distinction between the provinces and the chief commissioner's provinces; while the provinces were ..... the court said:moreover, when a notification is issued by the appropriate government extending the law of a part a state to a part c state, the law so extended derives its force in the state to which it is extended from section 2 of the part c states (laws) act enacted by parliament. ..... it is stated that in the year 1952, a legislature was created for delhi which functioned upto november 1,1956 when the government of part 'c' states act, 1951 was repealed by section 130 of the states' reorganisation act, 1956. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1962]1SCR470
..... the punjab laws act, no ..... clause (b) of that section provides that the rule of decision in such matters shall be the hindu law where the parties are hindus, except in so far as such law has been altered or abolished by legislative enactment, or is opposed to the provisions of this act or has been modified by any such custom as is referred to in clause ..... provides that 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 declared to be void by any competent authority shall be applied in such matters. ..... 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 ..... it was however never the case of munshi ram that the adoption was in dvyamushyayana form and so far as hindu law is concerned, if is applies to this case munshi ram would not be entitled after the adoption to succeed to the property left by nanak ..... the position therefore that emerges is, where the parties are hindus, the hindu law would apply in the first instance and whosoever asserts a custom at variance with the hindu law shall have to prove it, though the quantum of proof required in support of the custom which is general and well recognised may be small while in other cases of what are called special customs the quantum ..... 1872. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIAD(SC)381; JT1996(2)SC334; 1996(I)OLR(SC)319; 1996(2)SCALE177; (1996)7SCC711; [1996]1SCR1017; 1996(1)LC766(SC)
..... sohel singh, 110 pr (1906) 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. ..... the effect of sanctioning the validity of the custom as a custom, without merging the custom in the higher title by statute'.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. ..... ram pal singh : air1991sc1654 considered the effect of the amendment act 1973 on the customary right of the punjab custom (power to contest) act, 1920 and held thatconsidering the above principles, the provisions of the principal act, the statement of object and reasons and the provisions of the amendment act and the decisions of the punjab high court and of this court, we are of the view that section 7 of the principal act as amended by the amendment act is retrospective and is applicable to pending proceedings. ..... doubts have been expressed as to whether after these appeals are dismissed any such claim would be tenable in law inasmuch as, it is submitted, the right under the principal act was a statutory right which has now been taken away. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1964]2SCR19
..... 5 of the punjab laws act, 1872 which governs the parties provide that : '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 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 ..... 5 of the punjab laws act applies, and the rule of decision must be the personal law of the parties subject to the other provisions of the clause.' 6 ..... made by his maternal uncle bhan singh was formal and in the absence of any such evidence it must be presumed that the adoption was a customary appointment of an heir and not a formal adoption under the hindu law and that there was overwhelming authority in favour of the proposition that by reason of a customary adoption the adopted son and his descendants were not excluded from the right to inherit to collaterals in the natural family. ..... in the forefront, as the rule of succession, whilst leaving the particular custom to be established, as it necessarily must be, the legislature intended to recognize the fact that in this part of india inheritance and the other matters mentioned in the section are largely regulated by a variety of customs which depart from the ordinary rules of hindu and mohamedan law.' 7. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1866; (1980)4SCC244; [1981]1SCR490
..... that was a case where this court held that a notification under section 2 part c states (laws) act, 1950 having been issued in 1951 by the central government extending the bengal finance (sales-tax) act, 1941 to the state of delhi, the power given by section 2 exhausted itself on the extension of the enactment and could not be exercised again to enable the issue of a fresh notification modifying the terms in which the bengal act was extended. ..... this appeal by special leave is directed against a judgment of the high court of punjab & haryana dismissing a tenants' revision petition under section 15(5), east punjab urban rent restriction act, 1949 arising out of eviction proceedings.2. ..... in our opinion, the respondent cannot avail of section 13(2)(ii)(a) of the east punjab urban rent restriction act on the basis that it was brought into operation in the ambala cantonment by the notification of 1969.9. ..... we are of the view that in issuing the notification dated 24th january, 1974 and thereby extending the east punjab urban rent restriction act to the ambala cantonment retrospectively with effect from 26th january, 1950, the central government exercised a power not available to it when it issued the notification dated 21st november, 1969. ..... the respondent, as landlord, applied under section 13(2)(ii)(a) of the east punjab urban rent restriction act, 1949 for the possession of a shop forming part of the premises no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2369; 2008(1)ALD28(SC); 2007(5)ALLMR(SC)909; 2007(4)AWC3293(SC); JT2007(9)SC118; (2007)148PLR197; 2007(8)SCALE502; (2007)5SCC561; 2007AIRSCW4219; 2007LawHerald(SC)2524; 2007(5)AIRKarR120
..... the customary law prevailing in the state of punjab has received a statutory sanction by reason of the punjab laws act, 1872, sections 5 and 7 whereof read as ..... can also take judicial notice of such customs in terms of section 57 of the evidence act, 1872. ..... (b) the muhammadan law, in cases where the parties are muhammadans and the hindu law, in cases where the parties are hindus, except in so far as such law has been altered or abolished by legislative enactment, or is opposed to the provisions of this act, or has been modified by any such customs as is above referred ..... , 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 declared to be void by any competent authority. ..... mohinder kaur paragraph 22 of the rattingan's digest was noticed, holding that in terms thereof there is a custom in punjab to the effect that in default of male lineal descendants and of a widow the mother of the deceased succeeds to a life interest, provided she had ..... on sobhi's death, in terms of the provisions of the hindu law of inheritance (amendment) act, 1929, (1929 act) the appellant herein succeeded her as heir of relu singh.iii) sobhi having life interest in the property, on her death the same devolved upon the appellant herein as daughter of relu singh, as a reversioner.iv) a .....
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