Court : Punjab and Haryana
Reported in : AIR1955P& H97
..... another similar provision is to be found in section 17, provincial small cause courts act, the relevant portion of which reads as follows: 'provided that an application for an order to set aside a decree passed 'ex parte' or for a review of judgment shall, at the time of presenting his application, either deposit in the court the amount due from him under the decree or in pursuance of the judgment, or give such security for the performance of the decree or compliance with the judgment as the court may, on a previous application made by him in this behalf, have ..... 'and therefore this decision is of no assistance at the present case and it cannot be said that the view of the bombay high court is opposed to the view i have taken above.in -- 'ma san myint v. ..... 'the facts in that case were that the plaintiffs after withdrawing their trust sun, on terms filed a second suit without, irulfilling the conditions and withdrew it and then filed a third suit without paying costs of the first and the second suns and under these circumstances the learned judge relied on air 1929 au 692 (i) which it will be observed has been overruled by the allahabad high court in air 1933 all 810 (h). ..... mahboob raza khan', air 1933 all 810 (h), has also taken the same view after overruling-- 'rachhpnl singh v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)142PLR175
..... this court has time and again emphasised to the government and other authorities for focussing and giving priority to the health of its citizen, which not only make one's life meaningful, improves one's efficiency, but in turn gives optimum output. ..... 283, a division bench of this court has observed as under:7...since provision of free medical treatment of reimbursement in lieu thereof is a beneficial act of the welfare state for its employee, the rules/instructions have to be construed liberally in favour of the employees, for granting them the relief, rather than adopting a wooden attitude to deprive a person of his due.8. ..... bombay municipal corporation : air1986sc180 , this court held that no person can live without the means of living i.e. ..... one may ask whether the conduct of the petitioner was not that an ordinary prudent person but was a biased act in his own favour, if it is not so, the just relief cannot be withheld.17. ..... saving the life of near and dear, a person may have to commit any act which includes the selling of one's jewelry, borrowing money at exorbitant rate of interest or subject himself/ herself to every and any condition. ..... such acts sometimes involve the life time saving of an employee. ..... the emergency act when required to be committed should not be weighed in terms of money especially when human life is at stake.'8. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)104PLR621
..... the following observations :-'i have already appointed receivers requiring them to take into their safe custody all the books of accounts and records of the firm and further to do all acts which are considered to be necessary for that purpose and also for the purpose of collecting amounts of the firm and to deposit the same with punjab national bank, mandsaur and also to use the funds for the purpose of the management and transacting the business and also to disburse the salaries of the employees of the firm ..... made by counsel for the plaintiff inter alia provides that subject to the limitations prescribed in sections 16 to 19 of the code of civil procedure, a suit shall be instituted in a court within the deal limits of whose jurisdiction the defendant or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain ; or any of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily ..... property of the partnership firm is s tuated at mandsaur having its head office at bombay and according to the provisions of the civil procedure code, it is the civil court at mandsaur which has the jurisdiction to entertain the suit for dissolution of the firm. ..... 1933 lah. 11. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2003P& H174; (2003)134PLR9
..... 1933 madras 914) followed the view of the bombay high court expressed in yamunabai v. ..... though under the act, the right to claim maintenance by widowed daughter-in-law against her father-in-law is limited to the extent of coparcenary property in the hand of father-in-law, out of which widowed daughter-in-law has not taken any share, but under the old hindu law, prevailing before the enactment of the act, this right of maintenance to the widowed daughter-in-law against the self-acquired property of her father-in-law, was available. ..... dw.4 inder singh has also stated that balbir kaur along with her children was living in the disputed room from the day of her marriage during the life time of her husband. ..... maintenance is given so that the lady can live in the manner, more or less, to which she was accustomed. ..... the first appellate court recorded the following findings on this issue of adverse possession:-'the evidence of the plaintiff that the room in question was given to ranbir singh to live with his family by major chanan singh appears to be probable. ..... after the marriage, she was given a separate room in the said house to live in with her husband. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2002CriLJ3368
..... (3) in particular, and without prejudice to the generality of the provisions of sub-section (2), the measures which a special court may take under that sub-section may include--(a) the holding of the proceedings at a place to be decided by the special court;(b) the avoiding of the mention of the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to public;(c) the issuing of any directions for securing that the identity and address of the witnesses are not disclosed. ..... their lordships observed that:--.the courts while dispensing justice in cases like the one under the tada, should keep in mind not only the liberty of the accused but also the interest of the victims and their near and dear and above all the collective interest of the community and the safety of the nation so that the public may not lose faith in the system of judicial administration and indulge in private retribution.86. ..... the release of the working paper was followed by 'the hijacking of the indian airlines flight ic-814, the release of three notorious terroists by the government of india to save the lives of innocent civilians and the crew of the said flight.... ..... section 56 of bombay police act, 1951 the constitutional validity of which has been approved as well as observations of this court in various decisions touching the question under consideration. ..... however, the situation in the country showed no signs of improvement. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)133PLR634
..... the hon'ble supreme court was dealing with section 44-a of the punjab town improvement act, 1922 as applicable to haryana wherein time limit is prescribed for execution of a scheme. ..... by operation of sub-section (2) thereof, the amount of compensation awarded and all other charges indicated in the acquisition of the property shall be paid by the commissioner, 'thereupon the said property shall vest in the corporation' in other words, on payment of compensation by the corporation to the land acquisition officer, statutorily the corporation gets transfer of possession from the state and the acquired property vests in the corporation free from all encumbrances. ..... that any person admitted to be interested may receive such payment under protests to the sufficiency of the amount.provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18:provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this act, to pay the same to the person lawfully entitled thereto.3. ..... however, it will be beneficial to reproduce the finding of the hon'ble supreme court in municipal corporation of greater bombay v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1951CriLJ1041
..... provided that, subject to the provisions of that act, or any order in council made under that or any other act, & subject to the provisions of any act of the appropriate legislature enacted by virtue of powers conferred on that legislature by that act, the jurisdiction of any existing high court, & the respective powers of the judges thereof in relation to the administration of justice in the court, including any power to make rules of court & to regulate the sittings of the court & of members thereof sitting alone or in division courts, was to be the same as immediately before the commencement of that part of the act. ..... these secondary functions are principally legislation & taxation & also the activities of the state in the commercial sphere, such as canals, electricity, posts & railways, or the spread of education, improvement of public health, local self govt. ..... clause 36 of the charters of the high courts of the three presidency towns of calcutta, madras & bombay, & article 28 & 34 respectively of the letters patents of the high courts of patna & rangoon also mention only these two classes of jurisdiction. ..... he says that the difference between a state & other associations such as a church, a university, a joint stock company, or a trade union, is clearly one of function. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1974CriLJ970
..... ., such an order by a magistrate was in fact not necessary but since the matter was already before the court, it could not be said that the police acted irregularly or improperly in obtaining the sanction of the magistrate to the fresh investigation or that the order of the magistrate was invalid, though the case sought to be investigated was altogether different from that already investigated.16 ..... magistrate who afterwards conducted the enquiry and committed the accused is not inadmissible on the ground that he had no jurisdiction to record the confession.it is, thus, obvious that in mohinder singh's case (supra) investigation was allowed to be continued on the, ground that the committing magistrate had not taken cognizance of the crime in respect of jagir, the absconding accused in pahlwan's case (supra), on the other hand, further investigation by the police after the court had taken cognizance of the crime was deprecated and the confession procured in the course of ..... . this supreme court ruling was followed by a division bench of the bombay high court in parasnath pande v ..... . it has been observed by the supreme court in some cases that judicial inquiries and trials can never reach such a state of perfection that there may be no further room for improvement .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H190
..... thus the only material difference between the lahore case and the bombay case on the point with which we are concerned is that whereas in the lahore case title in the property had passed out to a third person by sale, the title in the property in tne bombay case had passed to the government itself by the express order of confiscation, and the title claimed by the plaintiff in the suit was of pre-confiscation time.8. mr. ..... section 3 brought about an improvement in the status of the title of the occupancy tenant and not of the receiver or of anyone 'at whose disposal' the property stood on that day as a result of attachment. ..... it was observed that the cause of action arose to the plaintiff after the deceased had become the owner of the land in dispute by operation of section 3 of the act because prior to that the plaintiff could not claim the property in dispute. ..... clause (a) of section 3 of the act was held to have no effect on the encumbrance of attachment created on the occupancy rights. ..... in the meantime the occupancy rights of lakshmi narain in the land in question ripened into rights of ownership by operation of section 3 of the punjab occupancy tenants (vesting of proprietary rights) act, 1953. ..... the findingthat occupancy rights continued despite the coming into force of the act does not appear to be correct. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H310; 1958CriLJ1092
..... evidence as to his having made the incriminating statement under undue influence or as a result of coercion by the police.it sometimes happen that, when an investigating officer is confronted with a weak case, he in his misplaced zeal attempts to bolster it by getting hold of an approver; and if there is any such indication in the circumstances of a particular case, sanction ought not to be given under sub-section (3) of section 339 of the code of criminal procedure for the prosecution of the approver.a division bench of the bombay high court has held in ningappa ..... 408 (d), that where a person has resiled in the sessions trial from his statement under section 164 of the code of criminal procedure, it is absolutely essential that the court should make up its mind whether it was the statement before the magistrate under section 164 or the statement subsequently made in court which was false.if the statement in court was false, then, in the interests of justice, there should be a prosecution; but supposing it was the statement under section 164 which was false ..... hussaina, air 1933 lah 868 (b). .....
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