Court : Punjab and Haryana
Reported in : AIR1958P& H35
..... state of bombay, air 1953 sc 325 (a), have held that the customs authorities are not judicial tribunals and the adjudging of confiscation, increased rate of duty or penalty under the provisions of the sea customs act does not constitute a judgment or order of a court or judicial tribunal necessary for the purpose of supporting a plea of double jeopardy. ..... a division bench of the bombay high court in ganesh mahadev v. ..... secretary of state, ilr 43 bom 221: (air 1919 bom 30) (g), and a division bench of the calcutta high court in 56 cal wn 452: (air 1952 cal 656) (b), have also held that the proceedings before the customs authorities are quasi judicial in nature and it is incumbent on the customs authorities to follow, the elementary rules of natural justice and to give an aggrieved party an opportunity of being heard before an order under section 182 of the act is passed. ..... i therefore hold that in the present cases the procedure adopted by the customs authorities under sections 182 and 188 of the act violated the principles of natural justice and therefore the orders passed are liable to be, quashed in the present proceedings.7. ..... chand mahajan has observed at page 196 :'the expression 'adjudication' implies that the tribunal is to act as a judge of the dispute; in other words, it sits as a court of justice and does not occupy the chair of an administrator. ..... arumogam, (1905) ac 383 at p. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H274
..... then comes the guardians and wards act (8 of 1890) which, as i have said, clearly makes a district court the court to entertain applications for appointment as guardian of person or property of a minor except in those cases where the high court specifically enjoys ordinary original civil jurisdiction, which for all practical purposes is confined to the high courts of calcutta, bombay and madras with regard to their cities.it is worthy of note that in the letters patent of those high courts there is both clause (12) which empowers them to 'receive', try and determine ..... suits arising within the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1949P& H391
..... nowlakhbati a.i.r.1926 p.c.2, although on the facts of that case the surrender was held invalid both under the hindu law and the court of wards act. ..... in the meantime on 4th october 1941i sagar mal, another brother of gopal sahai, applied under the guardians and wards act to the court of the senior sub-judge of rohtak for getting himself appointed guardian of the persons and properties of both moti ram and bhup singh. ..... there being no question of necessity, a sale by a widow to the reversioner must, i think, be a device for dividing the estate.it is interesting to note that another bench of the bombay high court in the later case of krishna v. ..... prabuddha vasudeo a.i.r.1932 bom.625, a bench of the bombay high court consisting of beaumont c.j. ..... upon the observations of the learned chief justice of bombay in that case thatif the case of rangasami goundan a.i.r.1918 p.c.196, stood alone i should have thought that if the deed of surrender provided that the widow was to be entitled to maintenance of any specific amount, or to any specific part of the property by way of maintenance, that could not be said to be a total surrender of her total interest in the property and free from the vice of sharing the estate with the reversioner.and the observation lower down that:the payment to the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H80
..... the entire facts are not given in the report but the contention which was raised before the bombay court was that when the appellant applied for a cause of action accrued he instituted a civil proceeding and he prosecuted it bonfide and that proceeding failed because it was held that the cause of action against the respondent had not accrued and therefore the suit against him under the chitti was premature.the bombay bench relied on the observations of the privy council in hem chunder chowdhry v. ..... the question which the full bench was invited to answer was whether the period spent by a creditor in prosecuting a petition for his debtor's adjudication as the limitation act in computing the limitation prescribed for an executing application when the petition for insolvency was dismissed on the ground that the act of insolvency was dismissed on the ground that the act of insolvency alleged to have been committed by his debtor did not fall within s. ..... as they has failed to do so and the only finding given by the courts below was based on section 108 of the evidence act, the suits were rightly dismissed as barred by time and no question arose of any benefit being given of s. ..... it may be mentioned that the period of limitation prescribed for filing such a suit is three years under the relevant provisions of the punjab limitation (custom) act, 1920 from the date on which the right to sue accrues or the date on which the declaratory decree is obtained whichever is later. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H161
..... in the extreme cases of an actual leaving or removal ..... in that case the minor had remained since his birth with his mother who had lived with her parents, and it was held that the term 'guardian' in section 25 of the guardians and wards act has been used in a wide sense.it does not necessarily mean a guardian duly appointed by the court, but includes a natural guardian or a de facto guardian, and that the term 'custody' includes actual as well as constructive custody of a minor, and the section is not limited to enforcing the rights of a guardian ..... justice wadia of the bombay high court in noshirwan manekshaw v. ..... the opposite view which has been taken by the bombay, nagpur and rangoon courts adopts the reason that the word 'custody' aj used in section 25 means actual custody and it cannot be said that a minor who has never been in the custody of his guardian, has either left or been removed from such custody. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H211
..... ' the view of the bombay high court was approved by the supreme court in the following words (at pp. ..... it is essentially an association of persons of limited means and, as indicated in the preamble to the bombay co-operative societies act, 1925, its object is inter alia 'promotion of thrift, self-help and mutual aid among agriculturists and other persons with common economic needs. ..... the firm stand of the respondent further is that the petitioner acted as a partner of the imbli society in so far as the sharing of the profits of commission etc, on the sale of fertilizers betwixt him and the imbli society was concerned. ..... 55 of the punjab co-operative societies act, 1961 (for brevity called the act) for settling their dispute who gave award in the amount of rs.16,721/- holding the petitioner and the imbli society responsible for its payment severally and jointly with a further direction that the amount may be first realised from the petitioner. ..... 55 of the act there is no manner of doubt that the underlying object of the legislature herein is that once a dispute touches the constitution, management or the business of a co-operative society then such a co-operative society, its members, past members and persons claiming through them as also the officers, agents or employees, past employees and liquidators including therein even their nominees, heirs or legal representatives etc. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)137PLR411
..... . the hon'ble supreme court while interpreting the provisions of section 4 of the bombay act held that the provisions of bombay act 47 of 1947 shall stand excluded because of the exemption provided in section 4(1) of the ..... in view of the aforesaid fact, we find that the interpretation provided by the hon'ble supreme court of india to section 4 of the bombay act would not be attracted to the provisions of section 4 of the housing board act ..... it was in those circumstances that the apex court in bhatia co-operative housing society limited's case (supra) has held the provisions of the bombay act would net apply to any premises belonging to the government or a local authority ..... in bhatia co-operative housing society's case (supra), the apex court was dealing with section 4(1) of the bombay rents, hotel and lodging house rates control act, 1947 (act 47 of 1947) ..... although the two provisions seem to have been couched in a similar language but on a deeper consideration we find that the qualifying words 'under or for the purpose of this act' have not been used in section 4(1) of the bombay act ..... we have compared the provisions of section 4(1) of the bombay act with section 4 of the housing board act ..... . the provisions of section 4(1) of the bombay act may be noticed as ..... the aforesaid notification was quashed by this court holding that the said enactment could not be extended to a union territory where the original act was not in force prior to the reorganisation of the composite state of punjab by a mere .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H1
..... in air 1939 cal 628 (h), the question that arose for decision was whether section 10-c inserted by the assam court of wards amendment act (1937) (which was passed by the assam legislature after the 1st of april 1937) was repugnant to certain 'existing indian laws' falling in the concurrent legislative list in sch. ..... the bombay essential supplies (temporary powers) and the essential commodities and cattle control (enhancement of penalties) act, 1947 (hereinafter referred to as the state act) provided for contravention of such an order an enhanced penalty of seven years' imprisonment which could he imposed only by a first class magistrate who was specially empowered in that behalf.the india act was amended in 1949 and again in 1950 but the maximum penalty of three years* imprisonment was retained. ..... , who differed in their conclusions, the former being of the opinion that the bombay act had not been repealed by the central act and the latter being of the opinion that the bombay act must be deemed to have been impliedly repeated by the central act. ..... on appeal the sessions judge set aside the conviction on the ground that the magistrate trying the case was not competent to do the same.a petition for revision was filed in the high court of bombay against the order of the sessions judge and came up before a bench consisting of bavdekar and chainani jj. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H1
..... it is rather surprising to find that although the reasons given by the learned judges of both the calcutta and allahabad high courts for holding the act to be ultra vires are in substance the same, they have based their decisions on different provisions in the constitution, the learned judge of the calcutta high court held the act to be ultra vires because it offended against the provisions of article 19 (1) (f) of the constitution, whereas the learned judges of the allahabad high court found that the act offended the provisions of article 14.5. ..... section 6 of the act ostensibly bars the jurisdiction of the civilcourts, it might not in fact effectually do so, since it might be open to a civil court to decide the question whether the premises in dispute were government premises within the meaning of the act, and could therefore be the subject of orders passed under section 3 or 4 of the act this argument in my opinion sounds extraordinary when it comes from the mouth of the learned solicitor general, speaking on behalf of the government which quite evidently has done its best expressly to bar the jurisdiction of the civil courts to question the validity of any ..... 'in bombay and calcutta there are many cases of unauthorised occupation of accommodation requisitioned/hired/owned by government. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1985)45CTR(P& H)263; [1985]152ITR429(P& H)
..... , on principle, and even on the weight of precedent, the answer to the question posed at the outset could well have been rendered in the negative to hold that a mere dyeing, printing, singeing or otherwise or processing of fabrics would not amount of the 'manufacture or production of textiles' within the meaning of entry 23 of the first schedule to the industries (development and regulation) act, 1951.however, it appears that the aforesaid view, which we are inclined to take is some what in discordance with that taken within this court by the division bench in east ..... these authorities were also cited before the commissioner, but the same were distinguished on the ground that the words 'manufacture and production' were interpreted with reference to the provisions of other acts and not for the purpose of the act.the precise contention of the petitioner-company is that it is engaged in the processing and finishing of unfinished textiles manufactured by other concerns and that the petitioner should be held to be engaged in the manufacture or production of textile as mentioned in entry no. ..... the division bench judgment of the bombay high court in cst v. ..... 2(17) of the bombay sales tax act, 1959, which expressly included therein the words 'altering, ornamenting, finishing or otherwise processing, treating, or adapting any goods'. .....
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