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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: punjab and haryana Year: 1968 Page 1 of about 32 results (0.046 seconds)

May 02 1968 (HC)

Hardev Kaur Vs. Jodh Singh

Court : Punjab and Haryana

Decided on : May-02-1968

Reported in : AIR1969P& H44

..... disposition of the subscriber.15. mr. kapur, the learned counsel for jodh singh, has argued that an analogous provision in the life insurance act has been construed in the way which is in consonance with the view that a nominee merely collects the money for distribution between the dependants ..... s representatives are expressly postponed to the rights of dependants. this conclusion, which the court drew from the provisions of section 4 of the act can only mean that the rights of the dependants cannot be curtailed or over reached by nominations but in the absence of nomination, the ..... fund by will appears to be accepted by implication.10. section 5 deals with the rights of nominees and its principle features under the amending act of 1946 are:(i) notwithstanding anything contained in any law for the time being in force or in any disposition, whether testamentary or otherwise , ..... probate or letters of administration evidencing the grant to him of administration to the state of the deceased or a certificate granted under the succession certificate act, 1889......or (ii) where no person is so nominated to any person who produces such probate, letters or certificate......'it is to be observed ..... in respect of any debt or liability incurred by the subscriber or depositor and neither the official assignee not any receiver appointed under the provincial insolvency act, 1920, shall be entitled to, or have any claim on any such compulsory deposit. (2) any sum standing to the credit any subscriber .....

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May 20 1968 (HC)

Shanthi Saroop Sharma and anr. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : May-20-1968

Reported in : AIR1969P& H79

..... argument that the doctrine f constitutional and statutory needs would afford reasonable guidelines for the government to fix the rate and that the principles laid down by the court in calcutta corporation 's case, 1965-2 scr 477= (air 1965 sc 1107) (supra) , would apply. dealing with the question of delegation , they quoted from their earlier judgment in vasantlal magambhai ..... owners concerned were directed to stop further extraction of clay and warned that on their failure to pay royalty from 22nd april, 1965, 'the matter will be reported to the police for registration of cases under section 379 of the indian penal code,' being aggrieved by this demand of royalty on brick-earth required for th manufacture of bricks and threat ..... , clearly indicates that it never intended to exclude the authority to provide for payment of royalty while conferring power on the state government under section 15(1) of the act to make rules for regulating the grant of prospecting licences and mining leases in respect of minor minerals and for purposes connected therewith. this conclusion is further strengthened by the ..... the constitution , however, considered it expedient to leave the grant of prospecting licences and mining leases in respect of minor minerals to the state government., accordingly, section 14 of the act provides:'the provisions of section 4 to 13 (inclusive) shall not apply to prospecting licences and mining leases in respect of minor minerals.'35. having thus excluded the minor minerals .....

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Jul 26 1968 (HC)

Bhaiya Ram Hargo Lal Vs. Mahavir Prasad Murari Lal Mahajan

Court : Punjab and Haryana

Decided on : Jul-26-1968

Reported in : AIR1969P& H110

..... orders in certain cases and we are not concerned with that provision for the purposes of deciding the questions referred to us. the word 'notwithstanding' in section 3 of the calcutta act was interpreted by the supreme court to mean , on a true construction thereof, 'that even where the contractual tenancy is properly terminated notwithstanding the landlord's right to possession under ..... , air 1949 mad 780 has since been categorically and specifically disapproved by the supreme court in manujendra dutta's case, air 1967 sc 1419 (supra) which arose under the calcutta thika tenancy act. (reference may in this connection be made to air 1967 sc 1419 at page 1423, column i).moreover, the judgments of the supreme court in ganga dutt muruka's ..... tenant.'19. on september 22, 1966 the supreme court delivered judgment in air 1967 sc 1419. this case arose under the calcutta thika tenancy act (2 of 1949) as amended by the calcutta thika tenanct (amendment) act (6 of 1953) (hereinafter called the calcutta act). the contractual stipulation in the lease-deed between the parties to that litigation provided for the service of a six months ..... notice of termination of the tenancy. the opening part of section 3 of the calcutta act provides:-'notwithstanding anything contained in any other law for the time being in force, or in any contract, a thika tenant shall, subject to the provisions of this .....

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Feb 27 1968 (HC)

National Tobacco Co., Employees Union (Regd), Jullundur Vs. Manohar Si ...

Court : Punjab and Haryana

Decided on : Feb-27-1968

Reported in : AIR1968P& H514

..... separate unit of the establishment or industry in question. they, therefore, throughout the period of their employment, remained under the administrative and functional control of the head office functioning at calcutta and not at jullundur cantonment. in these circumstances, their mere performance of duties within the state of punjab before the disputed action was taken against them by the management, could ..... between the national tobacco co. of india ltd. (hereinafter called the company) and its workmen.2. the company was registered under the indian companies act in the state of west bengal and had its head office at calcutta. it carried on business throughout the territories of the union of india. according to its workmen, the company had different branches called circles with ..... company employed in their jullundur branch are workmen as defined in clause (s) of section 2 of the industrial disputes act'' 2. whether the punjab government is not competent to refer this dispute as the company's head office is at calcutta and it has its branches all over india. on 12th of february 1965, the labour court decided issue no. 2 ..... , (hereinafter called the act) and that the persons who were employed in the depot were not interested in the dispute. it was also averred by the company that since the administrative control over the employees of the jullundur circle was exercised by the head office at calcutta and because the company did not maintain any branch office in jullundur, to which the .....

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Aug 13 1968 (HC)

P.K. Oswal Hosiery Mills Vs. Tilak Chand L. Ghasita Ram Jain

Court : Punjab and Haryana

Decided on : Aug-13-1968

Reported in : AIR1969P& H150

..... .12. mr. harbans lal sarin, the learned senior counsel for the appellant - firm first referred to the judgment of a division bench of the calcutta high court in imperial tobacco co. v. albert bonnan, air 1928 cal 1. the appeal before the division bench had arisen out of the judgment ..... written by the defendant to protect his own interest and not to cause any injury or loss to the plaintiff. on account of the unwarranted acts of the plaintiff, rights of the defendant were affected regarding the assessment of income-tax. the director-general supply and disposal was also to be ..... that the defendant, during the course of enquiries intentionally hesitated to satisfy the department in the matter of the withdrawal of the aforesaid letter and acted with mala fide intention. for this reason, in spite of the serious efforts on the part of the plaintiff-firm, their bills were withheld ..... of rs. 1,25,131/-, the payment of which was detained and withheld by the director-general supplies and disposals for different periods as a result of the unjust act of the defendant; .... ........... ............ .......... rs. 5,800/-2. on account of damages for mental worry; .... ............ .......... rs. 1,500/- 3. on account ..... of a learned single judge of the calcutta high court in a suit filed by albert bonnan against the imperial tobacco co. for recovery of about seven and half lacs of rupees as damages for various acts done by the defendant-company, the main act being an allegation made to the customs .....

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Mar 04 1968 (HC)

Mohinder Singh Sawhney Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Mar-04-1968

Reported in : AIR1968P&H391

..... seal of validity on the prohibition for the individuals to carry on private cattle trading if a clear intention could be spelled out from the impugned act. clause (5) of article 19, however, imposes an obligation on legislation which deprives a person of his right embodied in sub-clause (f) ..... says that:--'no person shall be convicted of any offence except for violation of law in force at the time of the commission of the act charged as an offence . . .'.while article 21 protects the life and personal liberty of a person 'except according to procedure established by law ..... manage and regulate such fair shall vest exclusively in the state government and shall be exercisable by it, in accordance with the provisions of this act and the rules made thereunder, through such persons or authorities as it may deem fit. (2) notwithstanding anything contained in any other law. ..... status is concerned.5. in order to test the validity of the first contention, it is necessary to examine in some detail the relevant provisions of the act, the enactment has been made, according to the preamble, 'to regulate the holding of cattle fairs' and in section 2, 'broker', 'cattle', 'deputy ..... 1967, promulgated on 4th of november, 1967, the provisions of which have now been incorporated in the punjab cattle fairs (regulation) act (act no. 6 of 1968) (hereinafter called 'the act'). in the petitions, as originally filed, the constitutionality of the ordinance was challenged, but after the arguments had been heard on .....

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Sep 20 1968 (HC)

Kartar Singh and Sher Singh Vs. Harcharan Singh and ors.

Court : Punjab and Haryana

Decided on : Sep-20-1968

Reported in : AIR1969P& H244

..... the contrary within the meaning of section 42 between the original partners.27. a observed above, there is nothing in section 42 of the partnership act or any; other law which requires that only an express contract will prevent dissolution of a partnership of the death of a partner. if that ..... , but it does not necessarily follow that the firm was dissolved. the dissolution of a firm, in between the parties, (vide section 42, partnership act), and an intention to continue the business in partnership with the legal representative, may be gathered from the conduct of the parties...... 'in the present ..... two partners. of course, it is presumed that the contract should be a valid contract recognised by law. now is there anything in the contract act or any other law, which says that where the business is carried on between tow partners only, they cannot lawfully enter into an agreement that ..... of the deceased would become partners with the survivor in the firm. in view of th definition of 'proved' given in section 3 of the evidence act, this fact could be established either (1) by producing direct evidence as to its existence ,such as, a written agreement executed by the original partners ..... evidence. exhibits pa and pb, by the courts below is perverse. it is stressed with reference to section 47 of the indian partnership act, 1932 (hereinafter called 'the act') that these documents, exhibits pa and pb, are not a deed of dissolution of partnership or even evidence of such dissolution; at best .....

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Sep 02 1968 (HC)

Bachittar Singh Vs. Central Labour Court, Jullundur and anr.

Court : Punjab and Haryana

Decided on : Sep-02-1968

Reported in : AIR1969P& H187

..... legislature was that the former provision would apply to discharged workman as well.14. a contrary view has been taken by mitter j. of the calcutta high court in j. chowdhury's case, (1950-51) 2 fjr 218 : 55 cal wn 256. in that case the dispute concerned only ..... ) and that the extended definition of 'workman' would include an ex-employee, only in relation to an industrial dispute. for other proceedings under the act, including one under section 33c, the term 'workman' does not include an ex-workman, whose services were terminated in terms of his contract of employment ..... , that retrenchment has held to that dispute.....'section 2(k) of the act says that'industrial dispute' means any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen, which ..... or clerical work for hire or reward, whether the terms of employment be expressed or implied, and for the purpose of any proceeding, under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection, with, or as a consequence of ..... 'workman' within the contemplation of this clause. well then, who is a 'workman' within the meaning of this clause? section 2(s) of the act defines a 'workman' as follows:''workman' means any person (including an apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, .....

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May 20 1968 (HC)

National Tobacco Co. Employees' Union, Jullundur Vs. Manohar Singh, Pr ...

Court : Punjab and Haryana

Decided on : May-20-1968

Reported in : AIR1969P& H76

..... can present his appeal, and if through delay on his part it becomes necessary in his favour the power contained in section 5 of the indian limitation act. the burden rests on him of adducting distinct proof of the sufficient cause on which he relies.'10. in view of the affidavits filed before us ..... the enquiry made by his clerk on or about the 26th of marhc, 1968, entitled him to an extension of time under section 5 of the limitation act for the delay which occurred between 4th and 9th of april 1968. in daya chand sham lal's case. 1962-64 pun lr 276, exceptional circumstances existed ..... (1890) ilr 12 all 461 (fb) . it was pointed out by the chief justice that 'a court in computing under section 12 of the indian limitation act, 1877, the time requisite for obtaining a copy of a decree or of a judgment has n discretion, and is confined to ascertain for the purposes of such ..... appeals were admitted by the motion bench on 25th april, 1968 . in both appeals applications have been made for extension of time under section 5 of the limitation act. notice of these applications was directed to be sent to mr. bhagirath dass, counsel for the respondent-company for 1st may, 1968. when the applications under section ..... to say that sufficient cause existed for the delay in filing the appeals . we will, therefore, decline to extend time under section 5 of the limitation act. we would however make n order as to costs of these applications.11. r.s. narula, j.12. i agree .13. mvj/d. v. c. .....

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Dec 11 1968 (HC)

Municipal Committee, Jullundur City Vs. Shri Romesh Saggi and ors.

Court : Punjab and Haryana

Decided on : Dec-11-1968

Reported in : AIR1970P& H137

..... petitioner was that his motor vehicle was being used for smuggling rice, and on the driver of the vehicle having been charged by the police under section 186 of the indian penal code, had been discharged on the finding that the accusation against him was groundless and in ..... are the 'principles of natural justice' which a domestic tribunal is bound to observe? in particular, is the principle underlying section 43 of the evidence act one of 'natural justice?' the expression 'principles of natural justice' cannot be reduced into any precise, exhaustive and inflexible definition. the question whether ..... by the plaintiffs in the civil case must be proved independently of that judgment (see (1882) ilr 4 all 97 and (1866) 5 suth wr 26 and (1866) 5 suth wr 27).the learned additional divisional judge was of opinion that the judgment was relevant under section 42 as relating ..... and shamsher bahadur, jj.), that neither the motor accidents claims tribunal nor, consequently the high court (exercising its appellate jurisdiction under the said act) is strictly speaking a court and that the phraseology employed in section 110-c is itself indicative of that intendment. it was held that the ..... has been held by this court that the tribunal in question is not a regular civil court. learned counsel submits that inasmuch as the evidence act has specifically excluded the applicability of its provisions to arbitration proceedings, and inasmuch as the decision of the motor accidents claims tribunal has been .....

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