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Judgment Search Results Home > Cases Phrase: patents Sorted by: old Court: punjab and haryana Year: 1948 Page 1 of about 100 results (0.021 seconds)

May 03 1948 (PC)

Bashir Ahmad Vs. the Crown

Court : Punjab and Haryana

Decided on : May-03-1948

Reported in : 1951CriLJ1041

..... the past or in the future. if article 37 is interpreted in the manner suggested by mr. sawhney, & it is held that the letters patent were intended to contain an exhaustive statement of the powers of the h. c. of lahore unless subsequently extended by any act of the indian ..... article 37 was acts of the indian legislature affecting the powers & jurisdiction of the h. cs., to be passed after the publication of the letters patent. according to him, all provisions relating to the powers & the jurisdiction of h. cs., contained in enactments that were in force at the time ..... because such an application was made in a criminal proceeding or matter & from an order passed by him, on a liberal construction of the letters patent, an appeal would lie. when dealing with the argument that the division bench hearing the so-called reference under section 307 was exercising original criminal ..... the learned judges held that the ct. in both cases would be 'acting as a ct. of reference within the meaning of clause 21, letters patent.10. in meeting the argument, raised by the judges themselves, that the proceedings mentioned in article 13 were on a grammatical consideration of the language ..... exercise any kind of jurisdiction or deal with any class of case which could not be brought within the four corners of the language employed in the letters patent. so far as criminal jurisdiction was concerned they said that it fell within five distinct categories: (i) ordinary original criminal jurisdiction (cls. 15 & 16 .....

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May 24 1948 (PC)

Banwari Lal Ram Deo Vs. the Board of Trustees

Court : Punjab and Haryana

Decided on : May-24-1948

Reported in : AIR1949P& H165

..... be very rarely, if ever, that this court will take cognizance of proceedings under the arbitration act in the exercise of its extraordinary original civil jurisdiction. even without bringing letters patent appeals within the purview of section 39(i), it may be possible to uphold the decisions of the calcutta and the bombay high courts--on the ground that orders other ..... for regarding the arbitration act as more exhaustive than the civil procedure code or any other code.22. it is quite true that, as pointed out in the madras judgment, the letters patent having expressly been made subject to the legislative powers of the indian legislature, there was nothing to prevent that legislature from taking away, in any particular case, the right of ..... -consideration. in that case although the bench gave no final decision on the subject, and dismissed the appeal on the merits, khosla, j. who wrote the judgment of the letters patent bench, while discussing the preliminary objection raised on the respondent's behalf to the competency of the appeal, expressed an inclination to agree with the madras view in preference to ..... to decide inasmuch as, even, if the particular reference was invalid, that could not affect the validity or the operation of the arbitration agreement. defendant 1 has filed a letters patent appeal from the judgment of the learned single judge.17. mr. bishen narain, the learned counsel for the respondents, raised a preliminary objection to the competency of the appeal, relying .....

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Jan 10 1948 (PC)

Mangal Singh Badan Singh Vs. Bhag Singh and ors.

Court : Punjab and Haryana

Decided on : Jan-10-1948

Reported in : AIR1948P& H19

bhandari, j.1. the short point for decision in this case is whether it is open to a pre-emptor to exclude another pre-emptor by entering into an agreement with a stranger vendee to purchase only a part of the property in respect of which the right of pre-emption exists. it appears that on 6-2-1944 one bishan singh sold a plot of land measuring 17 bighas 9 biswas and 14 biswansis to bhag singh for a sum of rs. 9,500. on 18-8-1944 kapur singh and bahadur singh, two collaterals of the vendor, purchased a portion of this land (measuring 9 bighas 3 biswas and 19 biswansis) for a sum of rs. 5,000 in assertion of their right of pre-emption. the sale in favour of bhag singh gave rise to three suils for possession by pre-emption each of which was brought by one or more of the collaterals of the vendor. the first suit was brought by mangal singh on 15-8-1944; the second by mai singh on 20-10-1944 and the third by kapur singh and bahadur singh on 9-1-1945. the plaintiffs in the last case alleged that as soon as they were informed of the sale in favour of bhag singh, they threatened to exercise, their right of pre-emption. the vendee promptly transferred 9 bighas 3 biswas and 19 biswansis to them promising to transfer the remaining land in due course. he failed to carry out his promise and the plaintiffs were accordingly reluctantly compelled to sue for possession of 8 bighas 5 biswas and 15 biswansis. the trial court held that the right of pre-emption of each of the three sets of pre- .....

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Feb 19 1948 (PC)

Thakardwara Naushehra Under the Management of Mahant Makhan Das Vs. Om ...

Court : Punjab and Haryana

Decided on : Feb-19-1948

Reported in : AIR1948P& H41

teja singh, j.1. the following pedigree-table, which appears to have been proved by the parties' statements and evidence, will be helpful in understanding the facts of this second appeal: manohar das___________|_______________________| | |ganesh das bhagat ram thakar das|lal daa___________|_______| |om parkash tilak raj2. ganesh das was the owner of 129 kanals and 5 marlas of land and he held occupancy rights in 65 kanals 91/2 marlas. he died childless in april 1941 and the entire land left by him, including his occupancy holding, was mutated by the revenue authorities in favour of thakardwara naushehra on the ground that it belonged to the institution. om parkash who was minor at the time, through his next friend and grandfather thakar das, brought a suit for possession of the land. he alleged that the suit land was the personal property of ganeeh das and consequently he being ganesh das's grandson and heir was entitled to it. he claimed that he was the chela of ganesh das and had a right to inherit the suit land in that capacity also. it was further alleged in the plaint that bhagat ram and thakar das had relinquished their rights in the plaintiff's favour. the suit was resisted by the thakardwara on the plea that ganesh das held the land as a representative of the thakardwara and the land in fact belonged to the thakardwara which was a religious institution. the plaintiff's allegation in respect of his being ganesh das's chela and the relinquishment of their respective .....

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Feb 25 1948 (PC)

Bela Singh Vs. Mt. Attari and ors.

Court : Punjab and Haryana

Decided on : Feb-25-1948

Reported in : AIR1948P& H45

teja singh, j.1. one sidhu had two sons sundar and thakur singh. the suit property belonged to thakur singh who died leaving surviving him a widow, mt. ralli, and a daughter, mt. rao. mt. ralli gifted the suit land to it. rao. sundar brought the usual suit for a declaration that the property being ancestral qua him and mt. ralli's power to alienate it being restricted under the custom by which the parties were governed, the gift would not affect his reversionary interests. the suit was resisted inter alia on the plea that the gift amounted to acceleration of succession. sundar died in the course of the suit. it is admitted that he left a widow but she took no interest in the suit. one bishan das, who claimed to be sundar's adopted son, and bela singh and surjan singh, who alleged that they were sundar's collaterals, applied to be brought on record as his legal representatives. bishan das later on dropped out and withdrew his application. his counsel made a statement that if he considered it necessary, he would bring a separate suit for establishment of his rights. on this his application was dismissed. as regards bela singh and surjan singh, the defendants at first denied that they had any right to be impleaded as plaintiffs in the place of sundar. later on, however, they admitted that they were sundar's legal representatives but denied that they could continue the action. the courts below have come to the conclusion that since the property was not proved to be ancestral qua .....

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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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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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Mar 16 1948 (PC)

The Punjab Pictures Ltd. Vs. Jhabar Mal Ganga Dhar Chokhani

Court : Punjab and Haryana

Decided on : Mar-16-1948

Reported in : AIR1949P& H139

teja singh, j.1. jhabar mai chokham, who claims to be one of the shareholders and creditors of the punjab pictures limited, a company incorporated under the indian companies act, applied to this court under sections 162, and 176, companies act for having the company wound up and for appointment of a provisional liquidator. the record shows that the petition was prepared and signed by the petitioner on 5th december, but was actually instituted in this court on the 8th. it came up before a learned judge in the presence of the petitioner's counsel on the 9th and the following order was made:praya that at least a month's time be granted as he wishes to put in further material to complete the petition. to come up after the winter vacation.the court remained closed first for x-mas vacation and then for the winter vacation from 24th december 1947 to 15th february 1948, both days inclusive and reopened on 16th february. on 25th february, the petitioner put in an affidavit and produced a few documents. the petition was placed before a learned judge for admission on the same day and he ordered, notice of the petition and citation to issue to the shareholder and other directors of the company. the learned judge also appointed l. anand ram vigh, advocate of delhi, as a provisional liquidator and directed him to take charge of the assets of the business of the company forthwith. the company through its general manager has preferred this appeal against the order of the learned single judge .....

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Mar 18 1948 (PC)

Jwala Singh Sant Singh and anr. Vs. the Province of Punjab

Court : Punjab and Haryana

Decided on : Mar-18-1948

Reported in : AIR1948P& H59

teja singh, j.1. in order to be able to understand the point involved in this appeal it is necessary to set out briefly the facts. mt. sahib kaur, widow of budhu, a johal jat of village dhaleke in the district of ferozepore, died leaving behind her considerable area of land. the sub-divisional officer, moga, by his order dated 9th august 1932 mutated the entire land in favour of the proprietors of patti chela, in which the land was situate. some of the proprietors of the patti appealed to the collector alleging that they were the collaterals of mt. sahib kaur's husband and consequently they were entitled to the land in preference to the other owners of the patti. the collector rejected the appeal, but by his order of 23rd january 1938 directed that the land be mutated in favour of the crown. his reasons for doing so were that mt. sahib kaur had not left any legal heirs and so the land which stood in her name must escheat to the crown.2. the suit out of which this appeal has arisen was instituted by jowala singh and bishen singh, two of the johal jat proprietors of patti chela on 22nd march 1945. it was a suit in a representative capacity and the plaintiffs prayed for permission to conduct it on behalf of all the johal jat proprietors of the patti. the permission was duly granted. the allegations of the plaintiffs were that they were entitled to succeed to the suit land on mt. sahib kaur's death, first because they were the collaterals of her husband and secondly because they .....

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Mar 18 1948 (PC)

Gainda Mal Vs. Madan Lal and ors.

Court : Punjab and Haryana

Decided on : Mar-18-1948

Reported in : AIR1948P& H30

teja singh, j.1. the facts giving rise to this first appeal shortly stated are as follows: on 2-8-1988, gainda mal instituted a suit against his brother and a number of collaterals for partition of the property that he claimed to be joint, for rendition of accounts and for permanent injunction. though it was stated in the plaint that the value of the suit for purposes of jurisdiction was rs. 13,550, (rs. 20 for purposes of rendition oft accounts, rs. 5 for permanent injunction and rs. 13,525 for purpose of partition), court-fee of rs. 11/4 only was paid on the ground that the plaintiff fixed the value of the first two reliefs at rs. 20 and rs. 5 and a fixed fee of rs. 10 was payable in respect of the relfef of partition, because the suit property was in the joint possession of the plaintiff and the defendants. on the defendants' objection and on the plaintiff's own admission that the value of his one-fourth share to which he alleged to be entitled was rs. 50,000. on 19-6-1939 the trial court held that ad valorem court-fee for possession by partition had to be paid on that amount and ordered the plaintiff to make up the deficiency by 29th june. on 26th june the plaintiff applied for permission to sue in forma pauperis, alleging that he was unable to pay the full court-fee required by the trial court without going into the merits of the plaintiff's allegation that he was a pauper dismissed his application as well as the suit on 3-7-1939. on appeal to the high court, lahore, a .....

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