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Raghbir Singh Vs. Satpal Kaur

Court : Punjab and Haryana

Reported in : AIR1973P& H117

..... the question that arises is whether the amendment intervening the continuity of cause of action vesting that right in one spouse and denying it to the other has conferred that right on the spouse, to whom it had been denied prior to amendment. ..... exclusive privilege in the wife to exercise that right vested in her and corresponding denial of that right to the husband ran parallel from the date of the decree upto the date of amendment of sub-section (1-a) of section 13. ..... (1-a) has in its scope failed to vest a husband, against whom decree had been passed prior to its enforcement, with the right of maintaining a petition of which he stood divested. .....

Commissioner of Wealth Tax Vs. Mrs. Anju Munjal and ors.

Court : Punjab and Haryana

Reported in : [1999]240ITR918(P& H)

..... bhaskara krishnappa, : [1966]3scr400 it was clearly held by their lordships of the supreme court that, since a firm has no legal existence, the partnership property will vest in all the partners and, in that sense, every partner has an interest in the property of the partnership. .....

Commissioner of Wealth-tax Vs. VipIn Kumar

Court : Punjab and Haryana

Reported in : (1993)111CTR(P& H)52; [1993]203ITR941(P& H)

..... bhaskara krishnappa, : [1966]3scr400 , it was clearly held by their lordships of the supreme court that since a firm has no legal existence, the partnership property will vest in all the partners and in that sense every partner has an interest in the property of the partnership. .....

Ram Chand Puri Vs. Lahore Enamelling and Stamping Co. Ltd.

Court : Punjab and Haryana

Reported in : AIR1961P& H84; [1960]30CompCas515(P& H)

..... the learned judges derived assistance from an observation of the lord chancellor of england in ex parte ross; in the matter of coles, (1827) 2 gl and j 330:'whatever may be the technical objection, the effect of the commission clearly is to vest the property in the assignee for the benefit of the creditors; they are therefore, in fact, trustees: and it is an admitted rule, that unless debts are already barred by the statute of limitations when the trust is created, ..... the question of limitation, the learned judges observed:'under section 17 and section 51, presidency towns insolvency act, the insolvency commences on the commission of the act of insolvency, and at that date the property of the insolvent vests in the official assignee, whose duty it is to administer it, and distribute it amongst the creditors who prove their debts. .....

Rameshwar Dass Radhey Lal Vs. the State

Court : Punjab and Haryana

Reported in : AIR1967P& H132; 1967CriLJ513

..... time he takes a sample or does any of the acts mentioned in that sub-section.it has been clearly laid down by the division bench in sadhu singh's case, air 1962 punj 548 that law does not vest discretion in the food inspector to associate or not to associate at least two persons at the time of taking the sample, but it must be due to circumstances beyond his control that his failure to call two persons to witness the .....

Prem Chand and anr. Vs. the State of Haryana and anr.

Court : Punjab and Haryana

Reported in : AIR1972P& H50

..... agreement; instrument, custom or usage or any decree or order of any court or other authority, all rights, title and interest whatever in the land- (a) which is included in the shamilat deh of any village, shall, on the appointed date, vest in a panchayat having jurisdiction over the village; (b) which is situated in the abadi deh of a village and which is under the house owned by a non-proprietor, shall at the commencement of the act ..... in the return filed on behalf of the state, it was not disputed that the petitioners are the owners of the land, but it was urged that the right of ownership of saltpetre vests in the government, by virtue of the reservations made in favour of the government by sharat wajib-ul-arz prepared in 1904-09 read with sub-section (2) of s. ..... thus, so far as villages panihari and musaibwala are concerned, according to the wajib-ul-arz, saltpetre and saltpetre bearing earth vest in the government and consequently, the notices issued for the auction of the lands by the state government are valid civil writs nos. ..... agreement, instrument, custom or usage or any decree or order of any court or other authority, all rights, title and interest whatever in the land- (e) which is included in the shamilat deh of any village and which was not vested in panchayat under the shamilat law shall, at the commencement of this act, vest in a panchayat constituted for such village, and, where no such panchayat has been constituted for such village .....

Megh Raj and ors. Vs. Manphool Singh and ors.

Court : Punjab and Haryana

Reported in : (2008)151PLR331

..... .section 12(3) - the area declared surplus or tenant's permissible area under the punjab law and the area declared surplus under the pepsu law, which has not so far vested in the state government, shall be deemed to have vested in the state government with effect from the appointed day and the area which may be so declared under the punjab law or the pepsu law after the appointed day ..... 62-c of 1979 and the appeal arising there-from, holding that as the land could not have been declared surplus, did not vest in the state under the haryana act and, therefore, the order passed by the prescribed authority was beyond jurisdiction is an incorrect interpretation of the provisions of ..... appellate court, in the first appeal arising therefrom, was that as the suit land was transferred by ram rikh, before 30.7.1958 it did not vest in the state of haryana under the provisions of section 12(3) of the haryana act as section 8(1)(a) of the haryana act saves such transfers. ..... the proposition that in view of section 8( 1 )(a) of the haryana act, the suit land could not vest in the state of haryana, is placed upon a full bench judgment of this court, reported as jaswant kaur ..... surplus on the appointed day under the haryana act, it vested in the state of haryana under section 12(3) of the haryana act, which provides that lands declared surplus under the punjab law, which has not so far vested in the state government, shall be deemed to have vested in the state government with effect from the appointed day. .....

Present:- Mr. Mani Ram Verma Advocate Vs. State of Haryana and Others

Court : Punjab and Haryana

..... the same because by virtue of the provisions of sections 8 and 12 of the act the land though declared surplus under the provisions of punjab security of land tenures act had not come to vest in the state of haryana and when the case was again taken up for determination of the surplus area of maru ram, he had already become small landowner and the land owned and possessed ..... , if any, recognised by any law, custom or usage for the time being in force) of all persons in such area shall stand extinguished and such rights, title and interest shall vest in the state government free from any encumbrance: provided that where any land within the permissible area of the mortgagor is mortgaged with possession and falls within the surplus area of the mortgagee ..... is as follows:-- "the area declared surplus or tenants permissible area under the punjab law and the area declared surplus under the pepsu law which has not so far vested in the state government, shall be deemed to have vested in the state government with effect from the appointed day and the area which may be so declared in pending proceedings to be decided under the punjab law or pepsu ..... only such unutilized surplus area which was not purchased by the eligible tenants/persons under the punjab law or pepsu law should be deemed to have been vested in the state government from the appointed day under section 12 (3) of the haryana ceiling on land holdings act, 1972, and may be mutated in favour of the state government immediately and .....

Present: Shri Ashish Aggarwal Senior Advocate with Vs. the Financial C ...

Court : Punjab and Haryana

..... the commissioner, ambala division, ambala and others, 2014(1) rcr (civil) 182 thus, it is argued that the consistent view of this court is that such land vests with panchayat as owner in terms of section 2(g)(1) read with section 4 of the act on the other hand, learned counsel for the respondents rely upon the full bench judgment of this court reported as gram panchayat sadhraur ..... it is argued that in the writ petition, the petitioner has not challenged the order passed by the commissioner, holding that the land does not vest in panchayat and therefore, no such relief could be granted to the petitioner in the writ petition in the absence of any challenge to that ..... instrument, custom or usage or any decree or order of any court or other authority, all rights, title and interests whatever in the land,- (a) which is included in the shamlat deh of any village and which has not vested in a panchayat under the shamlat law shall, at the commencement of this act, vest in a panchayat constituted for: such village, and, where no such panchayat has been constituted for such village. ..... hasab hissa andraj shijra nasab or mushtraka jumla malkan hasab rasad raqba khetwdar came to vest with gram panchayat with the enactment of punjab village common lands (regulation) act, ..... different can be understood then it is considered that the land of shamlat patti is the shamlat of only one patti and the same can vest in the panchayat only when it has actually been used for common purposes of the village. .....

Amar Singh and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (2008)152PLR12

..... read with rules 5 and 7 and entered in the column of ownership as jumla mustarka malkan wa digar haqdaran hasab rasad araz khewat and in the column of possession with the proprietors, shall not vest with the gram panchayat or the state government, as the case may be, on the dint of sub-section (6) of section 2(g) and the explanation appended thereto or any other provisions of the act ..... of 1961 or the act of 1948;iv) all such lands, which have been, as per the consolidation scheme, reserved for common purposes, whether utilised or not, shall vest with the state government or the gram panchayat, as the case may be, even though in the column of ownership the entries may be jumla mustarka malkans wa digar haqdaran hasab rasad arazi ..... common purposes of a village under section 18 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (east punjab act, 50 of 1948), the management and control whereof vests in the gram panchayat under section 23-a of the aforesaid act.explanation: lands entered in the column of ownership of record of rights as 'jumla malkan wa digar haqdaran arazi hasab rasad, shall ..... ashok aggarwal, amicus curiae that even on merits the petitioners have no claim as their land in question in the present case is recorded as 'shamilat deh' and, therefore, would vest in the gram panchayat by virtue of section 4(1)(a) of 1961 act and the land has never been in the cultivating possession of the individual owners so as to excluded from the definition .....