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Judgment Search Results Home > Cases Phrase: patents Court: punjab and haryana Year: 1948 Page 6 of about 100 results (0.018 seconds)

Apr 19 1948 (PC)

Surat Singh and ors. Vs. Mt. Lachhman Kaur and anr.

Court : Punjab and Haryana

Decided on : Apr-19-1948

Reported in : AIR1948P& H64

khosla, j.1. this appeal arises out of a suit by the collaterals of deva singh; deceased, for a declaration to the effect that an alienation by way of gift effected by deva singh's widowed grand daughter-in-law is not binding upon them. the gift was made in favour of deva singh's grandson's daughter. deva singh left a widow mt. nand kaur upon whom his property devolved. deva singh had a son budha singh who predeceased him. budha singvsson wusawa singh also predeceased him. wasawa singh left a widow mt. lachhman kaur and a daughter mt. kartar kaur. deva singh : mt. hand kaur|budha singh|wasawa singh : mt. lachhman kaur|mt. kartar kaur (daughter).after mt. nand kaur, wasawa singh's widow mt. lachhman kaur succeeded to the property and she made a gift of it to her daughter mt. kartar kaur. it is this gift which is the subject-matter of the dispute in the present litigation.2. the property in dispute is situated in two villages, namely eakh devi das pura and chhapa in the district of amritsar. the defence of mt. kartar kaur was that the plaintiffs were not the collaterals of deva singh, that the property in dispute was not ancestral qua them and that, therefore, mt. lachhman kaur defendant 1, the donor, had acquired full rights of ownership in the property. she was, therefore, competent to gift it to her daughter mt. kartar kaur. it was further pleaded that the gift amounted, to acceleration of succession and the plaintiffs were, therefore, not competent to challenge it. i may .....

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Dec 10 1948 (PC)

Gurdial Singh S/O Ainchal Singh Vs. the Crown

Court : Punjab and Haryana

Decided on : Dec-10-1948

Reported in : 1949CriLJ568

harnam singh, j.1. gurdial singh, jat, aged 35 years, has been, found guilty of the murder of pritam singh and convicted under ss, 308/84, penal code, and sentenced to transportation for life by the sessions judge, ferozepore. gurdial singh has come up to this court in appeal through mr. tek chand and s. s. jhanda singh has appeared for the crown.2. the prosecution case was that on 24th april 1947 at about sunrise the said pritam singh along with his siri gurdial singh mazhbi went to his field leaving gurdial singh mazhbi near his carticle pritam singh went to case him-self. suddenly, gurdial singh accused, and harchand singh and ajaib singh abaconders, emerged from the bushes armed with spears and gandasas. gurdial singh accused and harchand singh were armed with spears while ajaib singh had a gandasa. they attacked pritam singh with their respective weapons and inflicted upon him a number of injuries. gurdial singh mazhbi rushed to the rescue of pritam singh and received injuries in an attempt to save him. gurdial singh jat son of ganda singh, a cousin of prttarn singh deceased, was present in an adjoining field owned by him and witnessed the occurrence. gurdial singh rnazhbi went to the village and informed eaj singh p.w. 4, brother of pritam singh deceased, of the occurrence and returned with a cot, pritam singh was removed to the hospital at matbana where it is stated that he made a dying declaration which was reoor-ded by rna khawab ahmad khan, naib tehsildar some time .....

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Oct 07 1948 (PC)

Governor-general of India in Council Vs. Bhola, Son of Kanhia and ors.

Court : Punjab and Haryana

Decided on : Oct-07-1948

Reported in : AIR1949P& H262

teja singh, j.1. this order will dispose of the following connected appeals and cross-appeals as well as the cross-objections that have been filed in some of them regular first appeals nos. 247 to 256 and regular first appeals nos. 312 to 314 of 1944.2. a number of fields from the area of village rasidarapur were acquired for the delhi improvement trust for the execution of the industrial area development scheme by a notification under section 36, delhi town improvement act published on 30th december 1939. the collector awarded compensation at the rate of rs. 54 per bigha for rosli land, es. 30 per bigha for ban jar qadim rs. 54 per bigha for ghair mtimkin land and rs. 75 per bigha for chahi land. he also awarded in addition to the value of the land certain amounts for various other items such as trees, wells, etc. some owners made references to the tribunal, who increased the valuation of the land as below : ghair mumhin rs. 22-8-0 per bigha; ban jar cadim rs. 45 per bigha; rosli as. 61 per bigha; land used for kiln purposes rs. 90 per bigha; and chahi land rs. 112-8-0 per bigha. in certain cases the value of the standing crops was also increased by 100 per cent. the first set of appeals, namely, regular first appeals nos. 247 to 255 are by the governor-general in council. regular first appeal no. 313 is a cross appeal to regular first appeal no. 250 and is by than singh and six others. dharambir, gokal chand, gobind parshad and ram kumar respondents in regular first appeal .....

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Sep 03 1948 (PC)

Balwant and ors. Vs. Mt. Bhullan and ors.

Court : Punjab and Haryana

Decided on : Sep-03-1948

Reported in : AIR1949P& H275

bhandari, j.1. this appeal raises two questions concerning the devolution of property belonging to a male proprietor of the rohtak district who dies leaving behind him no male lineal descendant and no agnates. the first is whether the cognates can succeed in preference to the proprietary body of the village and the second whether in the absence of cognates the proprietary body can succeed in preference to the crown even when it consists of a heterogeneous collection of various tribes none of whom have any connection or relationship smith the founder of the village. the answer to the first question is clearly in the affirmative and to the second equally clearly in negative.2. it appears that one moler, a jat proprietor of village diwana of rohtak district, died leaving behind him a widow and a certain amount of ancestral landed property. the property belonging to him was mutated in the name of the widow mt. dhari and on the latter's death on 30th july 1943, in the names of the three daughters of his brother jitu. the plaintiffs who claim to be the proprietors of thulla udhan of the village have brought the present suit for a declaration that the mutations of property in favour of the daughters of a brother of the deceased land owner were incorrect and that the plaintiffs who are members of the proprietary body are entitled to succeed to the estate in preference to the three daughters of jitu. the trial court granted the declaration prayed for, but the dis-trict judge came to a .....

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Aug 17 1948 (PC)

Duni Chand and ors. Vs. Jagdev and ors.

Court : Punjab and Haryana

Decided on : Aug-17-1948

Reported in : AIR1949P& H243

achhru ram, j.1. this second appeal has arisen in the following circumstances. the plaintiffs, one hari kishan and some others jointly owned ten shops situate in the town of amritsar including the shop in suit. by mutual arrangement inter se the co-sharers, the plaintiffs and hari kishan were to receive the rents and profits of the shop in dispute in equal half shares. in pursuance of this arrangement, the plaintiffs and hari kishan were letting out a half undivided share of the shop each and receiving the rent from the tenant or the tenants. in 1930 hari kishan mortgaged his share in the ten shops, including his right under the arrangement mentioned above in respect of the shop in dispute, to bodh raj. in 1934 bodh raj mortgagee and the plaintiffs leased out the shop in dispute by means of two separata rent deeds, each relating to one-half of the shop, to kishan chand gogal chand who sub-let the shop to ram saran kundan lal. in may 1938, bodh raj got a rent deed from ram saran kundan lal in respect of the whole of the shop. in january 1939, the aforesaid bodh raj let the whole of the shop to bhagwan das sham das. in june 1941 the plaintiffs brought a suit against bodh raj, bhagwan das and sham das, the relief being primarily claimed against bodh raj. the suit was for recovery of a sum of rs. 713 with future interest. the sum of rs. 713 was claimed on account of what was described as mesne profits of one-half of the shop for the period 16th january 1939 to 15th june 1941 with .....

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Aug 30 1948 (PC)

Dina and anr. Vs. Nur Mohammad and anr.

Court : Punjab and Haryana

Decided on : Aug-30-1948

Reported in : AIR1949P& H225

achhru ram, j.1. this is a second appeal from the decree of the learned district judge of ludhiana affirming on appeal the decision of a subordinate judge dismissing the plaintiff's suit for possession of 38 bighas 2 biswas and 10 biswansis of land situate in the village bonkar dogran in the tehail and diatriot of ludhiana.2. the facts giving rise to this appeal may be briefly given as follows: the land in dispute was held by one mt. rahmon, widow of mohammadi gujjar, a resident of the village bonkar dogran. her husband was owner of land in thulla mohkam. on his death, the mutation in respect of the land left by him was attested in the name of the aforesaid mt. rahmon. mt. fatto, her daughter, brought a suit for possession of that land alleging that her deceased father had by means of his will dated 4th january 1904, left the land to her and, had advised his wife mt. rahmon to keep her husband as khana damad. mt. rahmon confessed judgment and the suit of mt. fatto was decreed on 15th november 1905. in pursuance of the decree obtained by her, mutation was sanctioned in her favour. nabia, a collateral of mohammadi brought a suit for a declaration that the will said to have been executed by mohammadi deceased and the decree obtained by mt. fatto should not affect his reversionary rights after the death of mt. rahmon. this suit was eventually decreed by the chief court on 5th july 1909. however, nabia himself died in 1938 without leaving any heirs other than mt. rahmon herself .....

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Jul 17 1948 (PC)

Ram Lal S/O Kotu Mal and ors. Vs. Khushi Ram and ors.

Court : Punjab and Haryana

Decided on : Jul-17-1948

Reported in : AIR1949P& H233

teja singh, j.1. this appeal and appeal no. 106 of 1943 arise out of a decree passed by a subordinate judge, first class, in a suit for possession. the facts briefly stated are as follows: one shiv nath jogi bought 3 kanals 2 marlas of land from the municipal committee, amritsar, on 27th january 1904. in course of time a well was sunk in the land and a number of buildings including a shiwala were also constructed thereon. on 10th september 1919 shiv nath sold about 1&farc14; kanals of land out of the above land that was still lying vacant to ram lal, muni lal and gurditta mal. the plaintiffs, who claim to be trustees and membsrs of the sewa samiti, amritsar, instituted a suit on 13th july 1936 for declaration against ram lal, muni lal and vishwa nath son of gurditta mal who died by then, in respect of the land that shiv nath had sold to the first two defendants and the father of vishwa nath defendant. the suit was dismissed on 27th july 1937 on the ground that the plaintiffs not being in possession were not entitled to maintain a claim for a mere declaration. the present suit was instituted on 11th april 1939. the plaintiffs' position was that the entire land which shiv nath had purchased from the municipal committee on 27th january 1904, of which the site under the suit property was the part, was wakf, that the buildings and the well which stood in that land had been constructed by certain hindus for the benefit of the hindu community, that originally bawa shiv nath was the .....

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Mar 12 1948 (PC)

Ajaib Singh Vs. Sher Singh and ors.

Court : Punjab and Haryana

Decided on : Mar-12-1948

Reported in : AIR1949P& H51

achhru ram, j.1. this is a second appeal from the judgment of the learned district judge of ludhiana reversing on appeal the decision of the senior subordinate judge of ludhiana who had granted the plaintiff a decree declaring that sale of the suit land by his father sher singh in favour of dewa singh defendant by means of sale-deed dated 20th november 1936 should not affect his reversionary rights after the vendor's death except to the extent of rs. 900 and dismis-sing the plaintiff's suit.2. on 29th august 1930 the aforesaid sher singh mortgaged the suit land to the father of bhagat singh and jagir singh defendants for rs. 900 in certain execution proceedings that had been taken by dewa singh against mangal singh, the father of sher singh, the latter had become liable as a surety. by means of sale, deed dated 20th november 1936 the land that had been mortgaged by sher singh in 1930 to the father of bhagat singh and jagir singh defendants was sold to dewa singh for a sum of rs. 1500. out of the consideration for the sale rs. 900 were left with the vendee for redemption of the previous mortgage and the balance of rs. 600 was credited to him on account of the decretal debt due primarily from mangal singh for which sher singh had become liable as a surety.3. the learned trial judge held that the discharge of the debt for which sher singh was liable merely as a surety could not justify an alienation of ancestral property, and in support of this view he relied on a single bench .....

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Jul 02 1948 (PC)

In Re: Indian Companies Act and of the New Bank of India, Limited

Court : Punjab and Haryana

Decided on : Jul-02-1948

Reported in : AIR1949P& H88

orderachhru ram, j.1. the petitioners in this case are four concerns which, before the partition of the punjab, carried on sports business in the city of sialkot. a joint petition has been made on their behalf presumably because it was in fact one and the same party, who did business under four different names.2. while they were carrying on business at sialkot, the petitioners used to hand over, for collection, to the sialkot branch of the new bank of india ltd., their bills drawn on their several customers, quite a number of whom were foreign business concerns. the bank suspended payment on 26th september 1947. on 15th march 1948, i sanctioned a scheme of management for the bank. by clause 4 of that scheme the amount of deposits or any other claims or dues to the credit of each creditor as on 26th september 1947 or on such later date on which the liability may have arisen in favour of such creditor has been reduced by 20 per cent, and the balance of 80 per cent, has been made payable by instalments. clause 3 provides for payment in full of certain claims against the bank and reserves to this court the power to give directions, on being moved by any creditor, any shareholder, any claimant, or the bank, relating to questions of priorities or preferential payments, arising out of the scheme but not specifically provided for therein. the present petition has been made under the aforesaid clause of the scheme. the petitioners ask for directions being given to the bank for payment .....

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Mar 04 1948 (PC)

Mithan Lal Vs. Chuni Lal

Court : Punjab and Haryana

Decided on : Mar-04-1948

Reported in : AIR1949P& H22

teja singh, j.1. this second appeal arises out of a suit for pre-emption and the only question that falls for determination is whether the sale which was the subject-matter of the suit could be pre-empted under law.2. the facts briefly stated are as follows: one amar nath and his brother jai chand were joint owners of a house situate in sonepat. on uth july 1937, amar nath sold his half share to mangal sain for rs. 300. about four years later the son of amar nath and the sons of his brother jai chand, who were all minors, brought a suit for declaration that amar nath had no power to mortgage his share and that the mortgage was void against them. the trial court dismissed the suit. only the sons of jai chand preferred an appeal to the court of the senior subordinate judge. during the pendency of the appeal a compromise was arrived at between the parties on 12th july 1943. the terms of the compromise inter alia were:(1) that the whole house be auctioned by the court auctioneer under the supervision of the court at the dak bungalow sonepat and the fact that the auction was to take place be proclaimed in the whole town a day before the auction sale was to be held;(2) that the auction sale would continue from 10 a.m., to 4 p. m. under the supervision of the senior subordinate judge;(3) that the sale would be knocked down in favour of the last bidder who would pay the entire amount of the bid oh the spot;(4) that out of the amount thus realised rs. 570 would be paid to mangal sain .....

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