Court : Punjab and Haryana
Reported in : AIR1974P& H120
..... balwant singh, air 1951 simla 242, wherein it was observed as follows:-- 'the authorities show that: (a) the rule of succession under the punjab laws act, s. ..... the learned district judge, in appeal, however, proceeded on the basis that though the rule of representation was applicable to persons governed by the customary law of punjab, it did not apply to the instant case and the sister's daughter could not succeed to her maternal uncle's estate. ..... on this material and considering that sisters are now very high up in the list of heirs according to hindu law and the plaintiffs are 12th degree collaterals and relying on the decision of the privy council in ahmad khan v ..... in fact, reliance has been placed by the courts below on paragraph 24 of rattigans digest of customary law and that provision has been thoroughly explained by their lordships in ujagar singh's case air 1959 sc 1041. ..... the reliance has been placed by the learned counsel for the plaintiffs on paragraph 24 of rattigan's digest of customary law, which is in the following terms:-- 'sisters are usually excluded as well as their issues. ..... lordships went even further and held that if the custom was not proved, the parties could fall back upon hindu law under which the sister would be preferential heir, and reliance was placed on hindu law of inheritance (amendment) act, 1929. 6. ..... ' while dealing with the relevant customary law of the district, namely amritsar, wherein question 70 and its answer are in the following terms:-- 'q. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3270
..... section 5 of punjab laws act ..... an adopted son is the lineal descendant or child of his natural father and not of the adoptive father, and consequently, the appellant cannot succeed to the estate of maud datt under section 37 of the act, these contentions have been considered in detail by the learned single judge and i am in agreement with the view taken by him that the appellant is not entitled to succeed to the estate of the ..... father-late rai sahib jeevan maseeh datt had a custom whereby the succession was in accordance with hindu law and daughters got no shares in their father's property : that ancestors of the appellant were originally hindus resident of undivided punjab and were governed by mitakshara school of hindu law and the law and custom both recognised adoption of male child ; that family after conversion carried along with them their ..... no tenet of christianity interdicting adoption by an indian christian ofhindu origin was brought to our notice and on the contrary, various legislative enactments world over as also declarations made at various international conventions give legal recognition to adoption. ..... , be laid down as rule of general applicability that a custom which has acquired the force of law by reason of its antiquity, continuity, certainty and reasonableness and which has not been repealed or modified by legislation would cease to govern a hindu after his conversion to christianity. ..... 1872 (act ..... iv of 1872) laid down that in question relating to succession, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H68
..... under section 5 of the punjab laws act, custom is the first rule with regard to succession and alienation etc. ..... the father remains under a moral obligation to maintain his destitute married daughter if she cannot fend for herself in her father-in-law's family for after all if the father has a legal duty to maintain her unmarried daughter (provisions of he recent hindu adoptions and maintenance act, 1956 apart) a widowed daughter can at least look towards maintenance under his moral obligation for the purpose, for she walked out of her father's family at his ..... (1) any property possessed by a female hindu whether acquired before or after the commencement of this act, shall be held by her as full owner thereof and not as a limited owner.explanation--in this sub-section, 'property' includes both movable and immovable property acquired by a female hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before at or after her marriage, or by her own ..... such restricted estate which fails under sub-section (1) of section 14 qualifies on the commencement of the act to mature into absolute ownership of property for the female hindu.8. ..... they pleaded that shrimati patto had become the absolute owner by virtue of the provisions of section 14 of the hindu succession act, 1956 and thus the reversioners had no interest in the land. .....
Tag this Judgment!Court : Delhi
Reported in : 91(2001)DLT702
..... section 24 deals with the continuation of orders, schemes, rules, forms or byelaws, made or issued under the repealed act (see : air1959sc648 and : 1961crilj713 section 24 enacts a rule different from the said common law ..... shri sandeep sethi, learned counsel for the appellants pointed out that since the punjab courts act, 1918 was extended to the union territory of delhi after repeal of section 35(3) of the act and the notification did not make the rules framed under the repealed section applicable to delhi, the rules could not be held to have extended application to the union ..... learned counsel for the appellants also pointed out that section 35(3) of the punjab courts act was repealed in 1937 in view of enactment of govt. ..... secondly, it was argued that section 35(3) of the punjab courts act, 1918 under which, rule vi, was framed stood repealed by the government of india (adaptation of india laws) order 1937 and as a result the said rule ceased to exist and thus that rule was no longer available to the graduate ldcs to seek promotion there under by applying the ..... for the exercise of its ordinary original civil jurisdiction:provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the high court of punjab shall, until varied or revoked by rules or orders made by the high court of delhi, apply with the necessary modifications in relation to practice and procedure in the high court of delhi as if made by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H391
..... the appointment of the appellant as a manager by the custodian by virtue of his power under section 10(2)(b) of the 1950 act is contractual in its nature and there is no statutory obligation as between him and the appellant. ..... the petitioner's period of probation expired on august 31, 1964 on which date he was granted the annual increment in accordance with regulation 8 of punjab university calendar, 1962, volume i, which reads as under:'an increment shall ordinarily be drawn as a matter of course but the appointing authority shall be competent to withhold increment if the conduct of the employee has not ..... for this reason, i am of the opinion that the employees of the punjab university, cannot claim the benefit of the safeguards embodied for a government servant in article 311 ..... this matter, in turn, depends on the determination whether the punjab university can be said to be 'state' and its employees can be said to be members of a civil service of the union or a civil service of a state or holding a civil post under the ..... the punjab university is an autonomous body having been created by the east punjab university act vii of 1947 and it is not a 'state' within the meaning of that expression in part xiv of the constitution of india and the provisions of article 311 are not applicable to ..... decided is whether the petitioner is entitled to any safeguards like the ones provided in article 311 of the constitution of india or in the punjab civil services (punishment and appeal)rules, 1952. .....
Tag this Judgment!Court : Mumbai
Reported in : (1987)89BOMLR290
..... class, kirkee cantonment, for taking action against respondents 1 and 2 in this petition under the contempt of courts act, 1971 was taken note of by this court and a rule was issued on the same. ..... and the powers which were used by courts for punishing for contempt of themselves, the punjab high court held that when a person has ceased to be a judge on retirement or otherwise, it cannot be said that the libellous statement made against him regarding his judicial conduct or character amounts to disrespect to the court or to the fountain head of justice or to the authority of sovereign state exercised through courts of law. ..... punjab high court, after examining the concept of the contempt of court and the source of the power of a court for punishing for contempt of court, held that a statement against a judicial officer who had ceased to be a judicial officer when the statement was made would not come within the mischief of the contempt of courts act ..... provisions of the contempt of court act, therefore, we are inclined to ..... 2(c), contempt of courts act, which is as follows :-''criminal contempt' means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which -(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court, or(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or(iii) interferes .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC2272; JT1987(3)SC185; 1987(2)SCALE143; (1987)4SCC131; [1987]3SCR661; 1987(2)LC464(SC)
..... be that as it may, the main grievance of the appellant has been that the state transport commissioner, punjab, who is exercising the powers of the regional transport authori- ties has failed to discharge his duty under the act which requires him to consider and grant stage carriage permits on applications made under section 46 read with section 57(2) of the act where there is need to do so to appli- cants who are eligible to be granted such permits and to grant renewal of such ..... whose duties are being discharged by the state transport commissioner, punjab, to take immediate steps to invite applications suo motu under section 57(2) of the act for issuing regular stage carriage permits to deserving applicants, to grant stage carriage permits to deserving applications who make applications for the stage carriage permits in accordance with law and to dispose of the appli- cations for renewal, if any, made under section 58 of the act by the holders of stage carriage permits. ..... we accordingly direct the regional transport authorities in the state of punjab to take immediate steps to invite applications suo moat under section 57(2) of the act for issuing regular permits to deserving applicants to ply stage carriages in respect of the routes where there is a permanent need, to dispose of the applications made by persons who wish to ply stage carriages on the said routes in accordance with law and to dispose of the applications that may be pending before the regional transport authorities .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad387; (1970)2MLJ298
..... dispute is raised that the land does not belong to government, or that the land is not in unauthorised occupation, we do not think that section 6(1) enables the collector to decide the dispute, unlike under section 5 of the punjab act.further, as we pointed out earlier, though the collector has power under section 6(2) to remove resistance or obstruction to summary eviction by arrest and custody, he can do so only if he is satisfied that such resistance ..... between the two acts is that by the madras act by section 14 liberty is preserved for the aggrieved person to apply to civil court for redress, while section 10 of the punjab act conferred finality to every order made by the collector under the act, and such an order could not be called in question in any original suit, or application, or execution proceedings.it is not therefore, possible to say that under the madras act, the collector ..... to hold that section 6 of the madras act suffers from the vice which section 5 of the punjab act suffered from, as ..... the punjab act by section 3 defined unauthorised occupation so as to include the case of a lessee, who by terms of lease, had ceased to be entitled to, but continued to occupy public premises, and by section 4 provided for issue of notice to show cause against order of eviction, and by section 5 the procedure for eviction.section 5 in effect stated that if on a consideration of the cause shown and of any evidence produced, and after giving the person affected reasonable opportunity .....
Tag this Judgment!Court : Delhi
Reported in : 10(1974)DLT35; ILR1973Delhi644
..... the supreme court in that case was examining the provisions of section 45-0(1) introduced in the banking companies act (amendment) act 1953, which envisaged that notwithstanding anything to the contrary contained in the indian limitation act, 1908, or in any other law for the time being in force, in computing the period of limitation prescribed for a suit or application by a banking company which was being wound up, the period commencing from the date of the ..... since the trust was empowered to recover the amounts due by coercive process as contemplated by section 54-b of the improvement act, it was urged there is no warrant in law to hold that the authority which was successor of the trust was not capable of recovering the amounts due from the respondents ..... that from the date of the constitution of the authority, the improvement act shall cease to have effect in the union territory of delhi; while sub-section (2) of section 60 provides that notwithstanding the provisions of subsection (1):- '(a) every officer and other employee serving under the delhi improvement trust or the delhi development (provisional) authority immediately before the date of ..... contentions of the appellant accepted the plea of tek chand and held that the recovery under the punjab land revenue act could not be made as the alleged arrears were not arrears of land revenue. ..... newly incorporated section had no retrospective operation and did not revive a debt which was already barred at the time of its enactment. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)140PLR11
..... 3032 of 1986 are based on common question of facts and law.the petitioners are licencees for carrying on the food grains trade in the state of haryana under the punjab agricultural produce market act, 1961 (hereinafter called 'the act') and the rules framed thereunder, as they are applicable to the ..... validation:- (1) notwithstanding anything contained in the principal act or in any other law for the time being in force or judgment, decree or order of any court, any amount purported to have been collected from a dealer or licencee as fee, in respect of any transaction in excess of the fee livable under section 23 and deposited with any committee before the 15th day of may, 1980, the burden of which has been passed on by the dealer or licencee to ..... 28 of the 1980, section 23-a was inserted and by virtue of section 6 of the amending act, the market committee was permitted to retain the market fee collected notwithstanding anything contained in the principal act or in any other law for the time being in force or judgment, decree or any order of any court, sub section 2 of section 6 contemplates that if the amount of fee so collected has been refunded to any dealer or licencee, the same shall be recoverable by the committee concerned ..... in the meantime the state of haryana enacted punjab agricultural produce market, (haryana second amendment and validation) act, 1980 to validate the recovery of the market fee at the original rate and save ..... provisions enacted by the state of punjab. .....
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