Court : Punjab and Haryana
Reported in : AIR1965P& H395
..... remedy and to suppress subtle inventions and evasions for continuance of the mischief and 'proprivato commodo' and to add force and life to the cure and remedy, according to the true intent of the makers of the act, 'provisions bono publico' '.these observations were quoted with approval by das ..... application under section 33 of the displaced persons (compensation and rehabilitation) act filed by dula singh against that order was dismissed. ..... 13 of the east punjab urban rent restriction 'act, certain observations were made boy dua j. ..... mohboob ali shah, air 1965 sc 54 that the word 'occupant' signifies occupancy and enjoyment, and mediate possession (except where the immediate possessor holds on behalf of the mediate possessor) is of no consequence. ..... j (as he then was) in bengal immunity court. ..... zamindari abolition and land reforms act, the only limitation that has been placed by judicial decisions on the meaning of the word 'occupant' is that the person should be in occupation in his own right and not on behalf of some one else.dealing with ..... these rules have been framed of by the central government in exercise of the powers conferred by section 40 of the displaced persons conferred obey section 40 of the displaced persons (compensation and rehabilitation) act 1954(act no. ..... what was the common law before the making of the act. ..... zamindari abolition and land reforms act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H51; 1966CriLJ153
..... to allege that, through smuggling the economy of the country has been adversely affected, but also to point to some facts from which such an inference could be drawn.that was a case under the preventive detention act of 1950, and in that case somewhat different considerations applied than to a case under rule 30 of the defence of india rules, 1952, for there is some difference between the two provisions. ..... state of west bengal, air 1962 sc 1044, their lordships observed that'the right that can be enforced under article 226 also shall ordinarily be the personal or individual right of the petitioner himself, though in the case of some of the ..... if the king's bench had remanded, thereby adjudging the detention lawful, how another court could come to a different decision if the warrant of commitment returned by the gaoler was the same in each case, or if after the act of 1816, which gave power for the first time to the court to inquire into the facts of the case, they proved to be the same? ..... of tripura, air 1965 sc 596, appeals against a decision on a petition for writ of habeas corpus have been referred to as 'criminal appeals'. ..... 442: (air 1965 punj 459 fb), by a full bench of this court, though the matter did not directly concern a petition for writ of habeas corpus, that proceedings for a writ of habeas corpus, are criminal proceedings. ..... mansa ram, 1965 cur l. j. ..... on january 8, 1965. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H417
..... state of west bengal, air 1962 sc 1044, at p ..... now there can be no manner of doubt that this salutary provision in the railway code embodies the principle of equal protection of laws envisaged in section 28 of the railways act, it may be mentioned in passing that this provision of law was in force long before the constitution of india was enacted. ..... the first of these, is a letter issued by the railway board on 9th of march, 1965, to the general manager, western railway and other expressing the desire of the respondent that 'the bookstall contractors should be instructed to stop with immediate effect, the sale of 'the indian observer' from their bookstalls on ..... ' the second communication was of 16th of march, 1965 (annexure n) this being a letter from the secretary of the railway board to the petitioner's manager saying that:'further to this office letter of even number dated 1-1-1965, i am directed to state that the matter has been looked into and it is regretted that it has not been found possible to permit the sale of your weekly 'the indian observer' at railway ..... the last article on railways was published on 12th of february, 1965 (annexure d) and reference was made to a house of a railway official on thompson road, new delhi, which was described as a 'big gambling den ..... this a representation was made to the railway board by the petitioner on 18th of december, 1964, to which they received a reply on 1st of january, 1965 that the matter 'is being looked into' (vide annexure n).3. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H111
..... somehow not available to the appointment of a new consolidation officer for the purpose.whatever doubts there may be in the matter of making a fresh appointment, are dispelled by the definition of consolidation officer as contained in clause (a) of section 2 of the act which reads as under:--'2 (a) 'consolidation officer' means an officer appointed as such under section 14 by the state government and includes any person authorised by the state government to perform all or any of the functions of the consolidation officer ..... consolidation, or, as the case may be, by repartition, shall remain undisturbed until a fresh scheme is brought into force or a change-is ordered in pursuance of provisions of sub-sections (2), (3) and (4) of section 21 or an order passed under section 36 or 42 of this act.it may be mentioned that section 42 says that the state government may at any time for the purpose of satisfying itself as to the legality or propriety of any order passed, scheme prepared or confirmed or repartition made by any officer ..... of time for exercising this power could not reasonably have been intended by the legislature to be available to the administrative authorities created and functioning for the purpose of merely consolidating the fragmented holdings, under the act.it is true that in bhikan's case, 65 pun lr 368: (air 1963 punj 255 (fb)), as the concluding portion of my short order shows, it was with a certain degree of hesitation that i had agreed with the ..... in bengal immunity .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H430
..... the learned judges of the calcutta high court held that if the notice under section 5 of the west bengal act does not state the reasons as to why an occupant should be evicted but states only the decision that the person is in unauthorised occupation it is an irregular notice for in the absence of reasons the notice does ..... above circumstances, i accept this writ petition and hold that the impugned notification of the state government dated 19-6-1965 purporting to supersede the petitioner municipality is ultra vires section 238 (1) of the act and is therefore null and void and non-existent in the eye of law. ..... ) it was referred to a larger bench by order dated 3rd september, 1965 as the questions involved in the petition were of considerable importance and were likely to arise in a large number ..... in the writ petition originally filed in this court on june 22, 1965 the minister, for local bodies and the irrigation minister of the punjab government had been impleaded as ..... ), 1965 (1) lab lj 433: (air 1965 sc 1595), in the following words:--'in other words, according to lord reid's judgment, the necessity to follow judicial procedure and observe the principles of natural justice, flows from the nature of the decision which ..... shell factory, cossipore, (1965) 69 cal wn 1035 ..... the local government department also sent a similar letter dated 14-5-1965 to the municipality.12. ..... , air 1965 sc 1767 ..... supersession of municipal committee, kharar was given in the government notification dated 19th june, 1965. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H217; 1968CriLJ775
..... manner, except on this clear inference that respondent i produced it when he thought the atmosphere in the court would be more suitable to his approach in the matter, when the trial judge made anorder on june 4, 1965, saying that he had not been approached, respondent i applied for the return of the document and while respondent i says it was the subordinate judge who delayed the return of the document, it is clear from the ..... the first class subordinate judge at karnal, could order an inquiry into the allegations in regard to the conduct of a judge of this court he says in his application for the return of those documents, which he made on june 12, 1965, that he was conscious of his right to approach the vigilance commission direct, but he should know very well that the vigilance commission can have no possible jurisdiction in so far as a judge of this court is concerned, for tn his ..... indeed shri dewan submits that the subsequent acts of the respondents constitute a far clearer case of contempt and, therefore, this court should proceed to take action on the basis of that application i may point out that an application was presented in this court in november, 1965 (criminal miscellaneous 1094 of 1965 in criminal original 87 of 1965) with which was attached the notice and a copy of the application served on shri sher singh in this application the ..... council observed in surendra nath v chief justice and judges of the high court, at fort william in bengal (1884) ilr 10 cal 109 at p. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H162
..... of which it is part and parcel, has to be read as a whole and the permissible limit of 30 standard acres cannotbe read as a provision separate and independent from the remainder if the purpose ofthe framers of the act was that a landowner'in possession of 30 standard acres is not tobe deprived of any portion of it even if onconversion it exceeds 60 ordinary acres,there was hardly any point in employingthe words of the conversion formula aftersaying that ..... according to this authority the share of each of the five appellants on conversion being 88 ordinary acres, the area came to exceed the limit of 'permissible area' which under sub-section (3) of section 2 of the act is thus defined:--' 'permissible area' in relation to a landowner or a tenant, means thirty standard acres and where such thirty standard acres being converted into ordinary acres exceed sixty acres such sixty acres; provided that - ..... it is implicit that a land-holder who is to be treated as a displaced person under clause (c) of section 2 of the resettlement act must himself have held land in west punjab or the other specified territories now in pakistan, and had to abandon it in anticipation or in consequence of the disturbances or the partition ..... west bengal ..... revision by the commissioner on 26th october, 1965, and by the financial commissioner in a ..... bhulla's case, 1965 punj lj 22 was based on the definition of displaced person in the 1954-act. ..... 1965 ..... 1965 ..... confirmed in appeal by the collector on 4th of january, 1965. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H416; 1968CriLJ1199
..... such a promise cannot possibly be deemed to be an offer of a gratification to any of the voterswithin the meaning of the word 'gratification' as used and defined in section 123(1) of the representation of the people act'.the learned counsel, therefore, urged that if as in the above mentioned cases, a promise by the candidate to get allotments made to baliawalpuri refugees changed to sirsa and get their valuation of land left by them in pakistan raised; or promise to ..... state of west bengal. ..... the explanation with regard to word 'gratification' is in similar terms as the explanation to sub-section (1) of section 123 of the act and runs as follows:--'the word 'gratification' is not restricted to pecuniary gratifications, or to gratifications estimable in money'.14. ..... while we endorse the view of the tribunal that the circumstances of the case clearly reveal a case of a promise of rewardtor the voters, the case also otherwise falls within the mischief of section 123(1) of the act'.reference was also made to a number of cases decided by the tribunal. ..... the word 'gratification' is thus used in its larger sense, as 'an act, which affords gratification or satisfaction or pleasure to the taste, appetite or the mind ..... pratap singh daulta, air 1965 sc 183, it was observed as follows:--'it may be remembered that in the trial of an election petition, the burden of proving that the election of a successful candidate is liable to be set aside on the plea that he was responsible directly or through his .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H225; 1969CriLJ932
..... . the state issued a notification on february 4, 1955, under section 4 of the west bengal land development and planning act, 1948, stating that an extent of about 28.59 acres of lands, situated in the named villages, was likely to be needed for a ..... this case during the period 1956 to october , 1959, in the districts of jullunder and hosiarpur and other places, were a party to a criminal conspiracy having for its objects the doing or causing or be done illegal acts and acts which are not illegal by illegal means, to wit, to obtain fraudulently passports from the persons at various places in the punjab and after obtaining the same to forge them by removing photographs of the original passports ..... code reads as follows:'196-a no court shall take cognizance of the offence of criminal conspiracy publishable under section 120b of the indian penal code, (1) in a case where the object of th conspiracy is to commit either an illegal act other than an offence , or a legal act by illegal means, or an offence to which the provisions of section 196 apply, unless upon complaint made by order or under authority from th state government or some officer empowered by the state in this behalf, or (2) in a ..... joseph verghese have preferred criminal appeals 121 , 119, 118 and 120 of 1965, respectively , against their conviction, to the court , this judgment will dispose of all four ..... of india, air 1965 punj 270 (d. ..... dalwala, decided by; a division bench of this court on 29-11-1965 (punj); emperor v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H181; [1969]24STC50(P& H)
..... not avail to the further remedies by way of revision to the financial commissioner and reference through him to this court under sections 21 and 22 of the act and has filed this writ petition in this court on the ground that in view of the decision of the financial commissioner, punjab, in the case ..... learned single judge that the supply of meals to the residents in the hotel did not amount to the sale of foodstuffs within the meaning of section 2(h) of the act but that the supply of meals and other eatables to the causal and other non-resident visitors was sale of foodstuffs. ..... for sale' within the meaning of the bengal finance (sales tax) act, which is concerned with 'dealers' i.e. ..... jhandu mal tara chand c w no, 2134 of 1965 d/- 27-10-1965 (punj) has held that the remedy is futile and illusory and ..... dev raj aggarwal's case, 1965 lah lt (rev rul) 118 (punj) (supra) is, in my opinion, correct inasmuch as it has been held therein that sales of medicines by medical practitioners, whether patent or dispensed, are sales of goods attracting the ..... ) 118 (punj), on 19th march, 1965, that sales of medicines by dispensed, are sales of goods attracting ..... dated 20th april, 1965 which also was an appeal from the order of the assessing authority, karnal, for the assessment year 1963-64, he held that rice polish was a commodity different from rice ..... 2134 of 1965, decided on 27th october, 1965 (punj) by ..... dev raj aggarwal, 1965 lah lt (rev rul) 118 (punj) (supra), the remedy by way of revision to ..... , 1965 lah .....
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