Judgment Search Results Home > Cases Phrase: punjab laws act 1872 section 4 enactments repealed Sorted by: recent Page 1 of about 14,737 results (0.261 seconds)

Darshan Singh Vs. Ram Pal Singh and Another

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. .....

Uttam Singh Vs. Kartar Singh and ors.

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on the ground that section 15 of the act being dependent on section 14 of the act must be deemed to have been repealed by the repeal of the punjab alienation of land act, 1900.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. .....

Mihan and anr. Vs. Inder and anr.

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 .....

Kalwa Vs. Vasakha Singh and anr.

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 .....

Amarsarjit Singh Vs. the State of Punjab

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. .....

Deputy Legal Remembrancer Vs. Ahmad Ali

Court : Kolkata

Reported in : (1898)ILR25Cal333

..... provisions of the first paragraph of section 3 of the criminal procedure code, which runs as follows: 'in every enactment passed before this code comes into force, in which reference is made to, or to any chapter or section of, the code of criminal procedure act xxv of 1861, or act x of 1872, or to any other enactments hereby repealed, such reference shall, so far as may he practicable, be taken to be made to this code or to its corresponding chapter or section. ..... we therefore set aside the sentence passed on the accused as being contrary to law; and having regard to all the circumstances of the case we sentence the accused under section 457 of the penal code to rigorous imprisonment for six months, the sentence taking effect from the ..... nor does section 3 of act viii of 1897 really raise, as it might at first sight seem to do, any inference that section 399 of the code of criminal procedure is in force throughout british india, and is repealed in any province only from the date of the notification mentioned in the section, such notification having reference, as section 1, sub-section 3 shews, only to the punjab and coorg, and not to ..... the repeal of act v of 1876 does not revive section 399 of the criminal procedure code in places in which it had been repealed by the first mentioned act, regard being had to the provisions of section 7 of the general clauses act (x of 1897), which, in fact, embodies the rule of english law applicable to the subject (see maxwell on the interpretation .....

Union Of India Vs. Rajeev Bansal

Court : Supreme Court of India

..... the expression notwithstanding anything contained in this act or in some particular provision in the act or in some particular act or in any law for the time being in force, or in any contract is more often than not appended to a section in the beginning with a view to give the enacting part of the section in case of conflict an overriding effect over the provision of the act or the contract mentioned in the non ..... reads: explanation for the removal of doubts, it is hereby clarified that for the purposes of issuance of notice under section 148 as per time-limit specified in section 149 or sanction under section 151 of the income-tax act, under this sub-clause, the provisions of section 148, section 149 and section 151 of the income-tax act, page 45 of 112 part a directed the assessing officers to apply the provisions of the old regime for reassessment notices ..... ; and second, the new rule is brought into existence in its place.110 the deletion effectively repeals the existing provision.111 thus, an amendment by substitution results in the repeal of an earlier provision and its replacement by a new provision.112 the repealed provision will cease to operate from the date of repeal and the substituted provision will commence operation from the date of its substitution.113 after the substitution, ..... in that case, the haryana amendment act 1995 substituted section 15 of the punjab pre-emption act by taking away the right of a co- sharer to pre-empt a sale ..... punjab, ..... punjab ..... 71 punjab land .....

Sukanya Shantha Vs. Union Of India

Court : Supreme Court of India

..... any non-bailable offences under chapters xii, xvi and xvii of the indian penal code including an order under section 118 of the criminal procedure code should be considered a habitual offender for the purposes of the new act .297 the committee was of the view that provisions similar to sections 23, 24, 26, and 27 of the criminal tribes act should not be included in the new act.298 217 after the repeal of the criminal tribes act, several states enacted new habitual offender laws in ..... v. hotel association of india,53 the validity of section 30 of the punjab excise act, 1914 was ..... eunuchs . the major part of the act operated in the north- western province, punjab and oudh.134 the act allowed the local government, with due permission of the governor general in council, to designate any tribe, gang or class of persons as criminal tribes if they were deemed to be addicted to systematic commission of non-bailable offences .135 ..... owners. so far as the bombay presidency and the punjab are concerned, these are mostly government forests; (d) reformatory ..... them. in the punjab in 1919 there were twenty-six settlements besides the reformatory settlement at ..... arbitrary. 33 the court recently in state of punjab .....

Khalsa University Vs. The State Of Punjab

Court : Supreme Court of India

..... thus: .the government of india, as a matter of precaution and lest it should be said that they were 16 going to interfere unnecessarily in the affairs of the company and were not allowing the existing provisions of the law to take their own course, consulted other interests and placed the matter before the standing committee of the industrial advisory council where a large number of leading industrialists of the country were present, and ultimately ..... the impugned act, which consists of three sections, reads thus: be it enacted by the legislature of the state of punjab in the sixty-eight year of the republic of india as follows: ..... the impugned act has been enacted with the sole purpose of repealing the 2016 act by which the khalsa ..... supposing, however, that the impugned act was passed on the same grounds as were mentioned in the preamble to the repealed 29 ordinance, namely, mismanagement and neglect prejudicially affecting the production of an essential commodity and causing serious unemployment amongst a section of the community, the petitioner could hardly be expected to assume the burden of showing, not that the company's affairs were properly managed, for that is not his case, but that there ..... the khalsa university act, 2016 (punjab act no.44 of 2016), is hereby repealed: - provided that admission to the affected students shall be given in other appropriate educational institutions of the state of punjab as per their eligibility, so that the interests of the students are not .....

K. Bharathi Devi Vs. The State Of Telangana

Court : Supreme Court of India

..... other words, the high court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is put to an end and if the answer to the above question(s) ..... discussion, we sum up and lay down the following principles by which the high court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under section 482 of the code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:29. 1. ..... chennai after investigation prima facie found that offences punishable under sections 120-b read with 420, 409, 467, 468 and 471 of indian penal code 1860 ( ipc for short) and section 13(1)(d) and 13(2) of the prevention of corruption act 1988 ( pc act for short) have been 3 committed. ..... state of punjab, (2012) 10 scc303: (2012) 4 scc (civ) 1188 : (2013) 1 scc (cri) 160 : (2012) ..... state of punjab and another10 doubted the correctness of the view taken by this court in ..... state of punjab and another5; 1 (1996) 5 scc5912 (2008) 9 scc6773 (2012) 10 scc3034 (2014) 5 scc3645 (2014) 6 scc4667 (vi) gold quest ..... state of punjab and another3; (iv) central bureau of .....