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Judgment Search Results Home > Cases Phrase: mediation Court: punjab and haryana Year: 1967 Page 1 of about 18 results (0.030 seconds)

Aug 21 1967 (HC)

Mst. Harmal Kaur and anr. Vs. Smt. Kartar Kaur and anr.

Court : Punjab and Haryana

Decided on : Aug-21-1967

Reported in : AIR1968P& H295

r.s. sarkaria, j.1. this regular second appeal by the plaintiffs is directed against the judgment and decree, dated 26-10-1962, of the subordinate judge 1st class, patiala, dismissing the plaintiffs suit, which was further confirmed in the first appeal by the additional district judge, patiala, on 25-5-1963. it arises out of the following facts.2. one bishna antal jat of village karn pur, tehsil patiala, governed by agricultural custom, died more than 41 years before the suit, in 1929 or 1930 a. d. approximately, leaving behind the suit land, measuring 102 bighas and 9 biswas, and a house situated with in the area ol village karnpur. daulat the only son of bishna. bad predeceased him by about one month, leaving behind his widow kartar kaur, defendant respondent 1. on bishna's death, ihe imitation of his landed estate was attested in favour of his daughter-in-law, kartar kaur defendant, on 24th jeth 1983 b.k., (corresponding to may, 1929 a. d.) karjai kaur thereafter continued to be in possession and enjoyment of the estate of the a registered deed, dated 13-9-1961, this kartar kaur gifted that property to surjan singh. defendant 2, son ot amar singh of nanhera, tehsil ambala. on 17-7-1962, harmel kaur, wife of kharak singh and mst. wasu, wife of pritam singh, daughters of the last male holder bishna instituted the suit for a declaration that the aforesaid gitt was void and would be in-effective qua the reversionary righto of the plaintiffs after the death of .....

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Aug 30 1967 (HC)

Munshi Ram and ors. Vs. Financial Commissioner, Haryana and ors.

Court : Punjab and Haryana

Decided on : Aug-30-1967

Reported in : AIR1968P& H162

shamsher bahadur, j. 1. this, judgment will dispose of five companion letters patent appeals, nos. 47 to 51 of 1967, instituted jointly by the five brothers. munshi ram, mohn ram. bhagwan dass, bhoja ram and satnam dass against five different tenants of their ioint holding, as well as lpa no. 167 of 1967 (punj). bhoj raj v. state of punjab. in all these six appeals, there is a common question relating to the scope and interpretation of the definition of 'permissible area' in sub-section (3) of section 2 of the punjab security of land tenures act. 1953 (hereinafter called the act). the five letters patent appeals nos. 47 to 51 of 1967 directed against the judgment of sharma j. of 24th november, 1966. were admitted by a division bench of chief justice and harbans singh j. on 23rd of march, 1967 for hearing before a full bench, there being a submission both before the learned single judge and the admitting bench that an observation of narula j., speaking for the court (dua j. and myself concurring), in the full bench decision of khan chand v state of punjab, 1966-68 pun lr 543 = (air 1966 punj 423). seems to overrule by implication the ratio decidendi of the division bench case of nathu v. state of punjab. 1964 lah lt 56, though it had otherwise been followed and approved. the same point was raised in l.p.a no. 167 of 1967. from the judgment of d.k. mahajan j. of 17th march. 1967 (punj), which was also admitted by the bench of chief justice and harbans singh j. on 5th may, 1967, .....

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Mar 13 1967 (HC)

State of Punjab Vs. Giani Bir Singh and anr.

Court : Punjab and Haryana

Decided on : Mar-13-1967

Reported in : AIR1968P& H479

1. this appeal is directed against the decision of the senior subordinate judge, ludhiana, dismissing the plaintiffs suit. the plaintiff is the state of punjab and the defendants are giani sir singh and his wife smt. basant gaur. in an annual excise auction regarding village pakhowal, district luhiana, for the retail vend of country liquor held for the year 1944-45, bir singh was the highest bidder and, accordingly, secured the licence at the annual licence fee of rs. 10,900. the terms and conditions were those that had been promulgated at the time of the auction. the licence fee had to be deposited in instalments. suffice it to say that the defendant paid only rs. 2,728. this left rs. 8,172 due on account of the licence fee. as this amount was not paid, various demands were made by the excise department and, ultimately, on the 5th of march 1945 it was decided to terminate his licence and reauction the vend.the vend was reauctioned on that very day for a sum of rs. 410. this resulted in a net loss of rs 7,762 to the plaintiff. steps were taken to recover this amount as arrears of land revenue but with no effect. the defendant also made various representations to the deputy commissioner ludhiana, praying that he may be excused from making payment of the arrears, but those representations were rejected. even warrants of recovery were issued against the defendant, but the arrears could not be recovered. on the 6th of june 1947 the defendant made an oral gift to his wife ( .....

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Nov 23 1967 (HC)

Darshan Singh Vs. Arjan Singh and anr.

Court : Punjab and Haryana

Decided on : Nov-23-1967

Reported in : AIR1968P& H381

r.s. narula, j.1. nothing except the question of limitation has been argued by the parties in this regular second appeal against the judgment and decree of the court of the district judge, jullundur, dated october 8, 1960, whereby the decree of the trial court was reversed and the suit of darshan singh appellant for possession of the land and house in dispute was dismissed as barred by time. the real contest is between the son and the father (darshan singh appellant and arjan singh respondent no. 1 respectively), the union of india having been impleaded only as a pro forma party.2. the following pedigree table will show the relationship between the parties:-- hira singh | _______________________________________________ | | nihal singh mahtab singh | | jiwan singh adopted son (testator) arjun singh | son of jiwan arjun singh singh (respondent (respondent no. 5) no. 1). | darshan singh (appellant)jiwan singh owned some self-acquired property in village maksudpur, district jullundur, as well as some land and a house in chak no. 180/ e. b. in tahsil vihari district multan. jiwan singh's son arjan singh respondent no. 1 had been adopted away by jiwan singh's paternal uncle mehtab singh. on january 11, 1945, jiwan singh executed a registered will in favour of darshan singh appellant whereby he bequeathed his entire movable and immovable property to his grandson darshan singh. jiwan singh died in february, 1945. there is some evidence of the plaintiff-appellant having come into .....

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May 25 1967 (HC)

S. Gurdial Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : May-25-1967

Reported in : AIR1968P& H267; 1967CriLJ909

harbans singh, j.1. in these 3 writ petitions (nos. 913, 915 and 1061 of 1966) a common point of law was raised namely, that section 14(1) of the east punjab holdings, (consolidation and prevention of fragmentation) act, 1948, hereinafter referred to as the act, was ultra vires the constitution and for this reason the three petitions were ordered to be heard by a full bench section 14(1) runs as follows:'14 (1) with the object of consolidating holdings in any estate or group of estates or any part thereof for the purpose of better cultivation of lands therein the state government may of its own motion or on application made in this behalf declare by notification and by publication in the prescribed manner in the estate or estates concerned its intention to make a scheme for the consolidation of holdings in such estate or estates or part thereof as may be specified '2. after a notification is issued under sub-section (1), a consolidation officer is appointed under sub-section (2) who after obtaining the advice of the landlords of the estate or estates concerned and the gram panchayat etc., has to prepare a scheme for the consolidation of holding in such estate or estate.3. the contention in all these three writ petitions was that in the three estates concerned there was in fact, no fragmentation in existence, and consequently there was no need for any consolidation and that by issuing the notification without giving an opportunity to the rightholders to be heard, to enable .....

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Dec 12 1967 (HC)

Tirlochan Singh Vs. Karnail Singh and anr.

Court : Punjab and Haryana

Decided on : Dec-12-1967

Reported in : AIR1968P& H416; 1968CriLJ1199

harbans singh, j.1. in the above mentioned election petition filed by the defeated candidate tarlochan singh for setting aside the election of karnail singh from pakka kalan constituency of the punjab legislative assembly, one of the allegations was that the respondent entered into an agreement with the harijan voters of village jodhpur ramana through their leaders sunder singh and munsha singh to place at the disposal of the harijan community rs. 1,500 for the construction of their dharamsala for a consideration of the harijan villagers voting for him. sunder singh and munsha singh above-mentioned were examined by the petitioner and they admitted that the harijans had all decided to vote for a candidate who would assist them in getting their dharamsala erected and these two persons met karnail singh, respondent, at the house of ganda singh, the evening before the date of polling and demanded rs. 2,000 for the dharamsala. bargain was settled for rs. 1,500, which amount was paid by karnail singh. in the petition it was alleged that the aforesaid amount was left in deposit with one manohar lal, brick-kiln owner for supply of bricks, but in the trial the evidence led was to the effect that the money was left in deposit with ganda singh, who subsequently supplied the bricks, iron girders as well as paid for the labour of the masons. apart from the question of this discrepancy between the two versions, with which we are not concerned the question arose as to whether these two .....

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Nov 09 1967 (HC)

Fazilka Dabwali Transport Co. (Private) Ltd. Vs. Madan Lal

Court : Punjab and Haryana

Decided on : Nov-09-1967

Reported in : AIR1968P& H277

shamsher bahadur, j.1. in this appeal under clause 10 of the letters patent, a preliminary objection has been raised that such an appeal does not lie from the order of the learned single judge (d.k. mahajan j.) who on 11th of april, 1967, partially allowed the appeal preferred from the order of shri gyani as a claims tribunal constituted under the provisions of the motor vehicles act, 19392. a transport vehicle carrying passengers and belonging to the appellant, the fazilka dabwali transport co., (p) ltd struck two boys. pardeep kumar and devinder singh, riding on a bicycle on 27th april 1962. one of the two boys. pardeep kumar received serious injuries resulting in amputation of one leg and damage to the foot of the other side the father of pardeep kumar claimed a sum of rs. 25,000/- and the motor accidents claims tribunal allowed damages to him to the extent of rs. 7000/- devinder singh was awarded a sum of only rs 700. these damages were payable by the appellant, which is the owner of the vehicle the owner preferred an appeal to the high court which was heard by mahajan j on 11th of april, 1967. the amount of compenstion awarded to pardeep kumar was enhanced from rs 7000/- to rs 12,000/- against this order of the learned single judge the fazilka-dabwali transport company has preferred this appeal and a preliminary objection has been taken by the respondent madan lal father of pardeep kumar that no such appeal lies under clause 10 of the letters patent.3. the preliminary .....

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Sep 19 1967 (HC)

S. Umrao Singh Vs. Darbara Singh and ors.

Court : Punjab and Haryana

Decided on : Sep-19-1967

Reported in : AIR1968P& H450

ordermahajan, j. 1. this order will dispose of this petition under section 81 of the representation of the people act. 1951 (hereinafter referred to as 'the act').2. the petitioner is umrao singh, who is defeated by respondent no. 1, shri darbara singh (hereinafter referred to as the respondent). the petitioner as well as 10 other candidates including respondent no. 1 contested the election to the punjab vidhan sabha (assembly) from nakodar constituency, district jullundnr. the petitioner polled 8,437 votes, whereas the respondent polled 11,755 votes the petitioner contested the election on congress ticket, ami the respondent as an independent candidate.3. before us, all other contentions have been dropped excepting one, namely, that the respondent, being trie chairman of the panchayat samiti, at the relevant time, held an office of profit under the government, inasmuch as he was paid a sum of rs. 100 per mensem as consolidated allowance in pursuance of a notification dated the 21st of august, 1965, published in the 'punjab government gazette', dated the 27th of august, 1965 (part 111, p. 929).4. the recording of evidence in this petition concluded on the 31st of july, 1967, when i adjourned the case for arguments to 21st of august, 1967. it appears that the government got panicky and issued the ordinance (ordinance no. 10 of 1967) on the 19th of august, 1967. when the case came up for hearing on the 21st of august, 1967, an application was made by the petitioner for .....

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May 09 1967 (HC)

K.C. Gupta and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Decided on : May-09-1967

Reported in : AIR1969P& H34

order1. the validity and constitutionality of the punjab service integration rules, 1957, framed by the governor of punjab, under article 309 of the constitution has bee impugned by k.c. gupta and two others, the petitioners in this case.2. all the three petitioners joined the service of the erstwhile patiala and east punjab states union (hereinafter referred to as pepsu in 1956, as district panchayat officers. they were confirmed as such in their respective posts in october, 1956, with the concurrence of the public service commission. the petitioners are all graduates. the posts held by the petitioners in pepsu were gazetted and were in the pay scale of rupee 250-15-400. the district panchayat officers in the erstwhile state of punjab (prior to its reorganisation in 1956) were non-gazetted and were in the time-scale of rs. 170-350. consequent on the merger of pepsu with the then state of punjab in accordance with the provisions of the states. reorganisation act (37 of 1956) (hereinafter called the act) the petitioners became the employees of the new state of punjab with effect from the 1st of november, 1956. it is not disputed that according to the provisions of the act, the central government is constituted as the authority for the integration of the employees of the erstwhile state of pepsu with the employees of the state of punjab.the punjab integration rules 1957 (hereinafter referred to as the integration rules), framed by the governor of punjab, under article 309 of .....

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Sep 13 1967 (HC)

Thambu Devi Ram and ors. Vs. Additional Director Consolidation of Hold ...

Court : Punjab and Haryana

Decided on : Sep-13-1967

Reported in : AIR1968P& H282

r.s. narula, j.1. leaving out all the factual details the adoption of which course does not appear to be unjustified in this case, the brief relevant facts which led to the filing of the writ petition against the dismissal of which by a learned single judge of this court, the present appeal under clause 10 of the letters patent has been filed, are these: by the impugned orders, dated may 1 and july 25, 1964 (collectively marked annexure 'a' to the writ petition), the additional director consolidation of holdings punjab hissar allowed the application of mange and risal singh (respondents nos. 2 and 3) under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act (50 of 1948) (hereinafter called the act), and made certain changes in the repartition of village petwar, tahsil hansi, district hissar. as stated in paragraph 2 of the written statement of the additional director consolidation of holdings, punjab hissar in reply to the writ petition repartition of the village was published on march 9, 1954, under sub-section (1) of section 21 and the same was confirmed on april 17, 1954, under section 21 (2) of the act. the additional director has also stated that the record of the village wag finally consigned to the record room on august 3, 1954. the above-said orders under section 42 of the act were called in question in the writ petition which was dismissed by the judgment under appeal.2. mr. roop chand, the learned counsel for the appellants has .....

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