Court : Punjab and Haryana
Reported in : AIR1952P& H79
..... non-ancestral, we held that sisters were better heirs than collaterals more remote than the fifth degree in the absence of daughters or daughters' sons, (v) 'sukhwant kaur v. s. bal-want singh', air (38) 1951 simla 242. the parties in this case were twelfth degree collaterals and sisters. the case was from amritsar district. sitting with weston, c. j., i ..... where the property is non-ancestral. certain propositions were laid down at p. 251 of the report: 'the authorities show 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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H50
..... civil court of original jurisdiction, the answer to the second question must also be in the negative and a district judge, to whom a petition under the act is presented cannot transfer it to an additional district judge.17. before concluding i may venture to suggest that if this interpretation gives rise to any practical ..... court of the district judge, additional judges have been permanently or temporarily appointed, the petitions filed in the court of the district judge under the hindu marriage act can be allotted by him for disposal to an additional judge. indeed, as the learned judge who has referred the matter evidently thought, there would have been ..... of additional district judge. the court of additional district judge, therefore, cannot be considered to be a civil court of original jurisdiction under the hindu marriage act particularly when section 20 lays down that there shall be only one district judge in each district and section 24 provides that the court of district judge shall .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H530
..... 214(p) of 1951 smt. kishni inherited her husband's landed property and gifted the same in favour of her daughter before the enforcement of the hindu succession act. kishan singh, a fifth-degree collateral of the deceased husband of the widow, brought the usual suit for declaration that the gift was not binding on his reversionary ..... through her and are estopped as much as she was. secondly, they have not the same right as was possessed by the presumptive reversioners. the hindu succession act makes no provision for an alienation made without legal necessity by a widow before it came into force. therefore, no decree for a declaration about the invalidity of ..... section 15 the reversioners have ceased to exist. head-note (b) runs as follows:'though the alienation by the hindu widow made before the passing of the act is still vulnerable, the widow continues to be estopped from challenging the validity on the ground of want of legal necessity. the reversioners have completely disappeared by virtue .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H352
..... of the rights and liabilities of the parties under the contract 13. this brings me to the question of limitation. there is no specific provision in the limitation act which would be applicable in the present situation, and under the residuary article 120, the limitation of six years would run from the time when the right to ..... the municipal committee, the first defendant would have been able to set up by way of defence a case for restitution under section 64 of the indian. contract act. a decree in favour of the plaintiffs in the present suit might preclude the first defendant from claiming compensation from the municipal committee on basis of a quasi- ..... section shall be binding on thecommittee'.admittedly, the contract of sale did not conform to the requirements of sub-section (2) of section 47 of the punjab municipal act. it was proposed bysome municipal commissioners in a resolution, of 16th of october 1954 to file a civil suit against the first defendant to recover the land because .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H399; 1966CriLJ1189
..... of money from law-abiding citizens. his criminal history dates back to the year 1951 and his activities have since then continued unabated. through his persistent criminal acts, sham lal established that his remaining at large would be highly prejudicial to the maintenance of public order.'a bench consisting of dulat and capoor, jj. ..... smuggling activities relating to three commodities, cloth, zari and mercury. the detenu in that case had been detained with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and service essential to the community.their lordships while striking down the order said that the principle which ..... objective test in a court of law. such detention orders are passed on information and materials which may not be strictly admissible as evidence under the evidence act in a court. but, which the law, taking into consideration the needs and exigencies of administration, has allowed to be considered sufficient for the subjective .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H104
..... negligence' and, what is termed as 'composite negligence'. the term 'contributory negligence' applies solely to the conduct of a plaintiff. it means that there has been an act or omission on his part, which has materially contributed to the damage.'17. i am in respectful agreement with the observations in the above two cases. though this was ..... :--'i award shrimati bhagwanti in her own right and as guardian of minor children rs.31,500/- as compensation under section 110-b of the motor vehicles act against shri darshan singh and krishna roller and flour mills limited jointly and severally.'from the above facts, the learned counsel for the respondents argues that whole ..... , namely:-- (a) where the vehicle is a goods vehicle a limit of twenty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to employees (other than the driver), not exceeding six in number, being carried in the vehicle; (b) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H320
..... of the supreme court in hazari v. neki, air 1968 sc 1205, which lays down that the right of pre-emption under section 15(1) of the punjab pre-emption act, 1913, can be exercised by the legal representatives of the deceased plaintiff pre-emptor. in that case also the suit had been filed by the uncle of the vendor on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1973)75PLR558
..... that the argument of the learned counsel is clearly wrong. the legislature, while providing exception in clause (b) of section 398(1) of the companies act, clearly visualized that cases might occur in which financially hard-pressed companies might save themselves by arranging with their creditors to become shareholders and directors in lieu ..... the company and the minority shareholders represented by himself, his mother and sister. otherwise, no instances have been stated in the petition as to the acts of mismanagement by the present board of directors except that the appellant has been removed from the directorship of the company and has been deprived of ..... constituted by the existing members, cannot be held to be improperly constituted. it is, therefore, necessary that the petition under section 155 of the companies act should be decided first. as long as the present register of members of the company continues, those members cannot be restrained from exercising their individual and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H160
..... the 'existing state of punjab' which were being divided into four successor states. 'law' has been defined in section 2(g) of the reorganisation act as any act, rule, regulation etc., having the force of law in the whole or any part of the territories of the 'existing state of punjab'. as ..... rule, order, bye-law, scheme, notification or other instrument made under such state act or provincial act, but does not include any law relating to a matter enumerated in the union list :(c) 'law' has the same meaning as in clause ..... 1966.2 (1) in this order--(a) 'appointed day' means the 1st day of november, 1966;(b) 'existing law' means any state act or provincial act in force immediately before the appointed day in the whole or any part of the territories now comprised in the union territory of chandigarh and includes any ..... bal raj tuli, j. 1. these two writ petitions (civil writs nos. 266 and 1924 of 1974) will be disposed of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1977P& H103
..... of the last male holder and his daughter from his previous wife, who had predeceased the second wife. while interpreting the various segments of section 15 of the hindu succession act, the bench drew a distinction in the phra-seology 'sons and daughters' as used in sub-section (1) clause (a) and the words 'son or daughter of ..... of the endorsement of registration of a will was not construed to have been appended in their capacity as attesting witnesses as the provisions of section 68, indian evidence act, had not been complied with, in regard to the attestation made by the registrar, on which fact the learned counsel for the appellant seeks to fall back, ..... by ram lall sharma petition-writer of ferozepur. it appears that this will was deposited with the registrar under the provisions of section 42 of the indian registration act (hereinafter called the act) because the cover (exhibit d-7) in which the will was so deposited, contains some sort of an endorsement by use of the word 'admitted'. two .....
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