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Judgment Search Results Home > Cases Phrase: patents Sorted by: old Court: punjab and haryana Year: 1958 Page 1 of about 182 results (0.021 seconds)

Dec 23 1958 (HC)

Raj Kishan JaIn Vs. Tulsi Dass Etc.

Court : Punjab and Haryana

Decided on : Dec-23-1958

Reported in : AIR1959P& H291

..... judge) under the delhi rent control act. on this ground also the contention raised on behalf of the petitioner fails. it follows that no letters patent appeal under clause 10 is competent against the judgment of a single judge of this court when an order has been passed under. article 227 of ..... been exercised in circumstances not covered by section 107 of the 1915 act. in this view of the matter it is obvious that no letters patent appeal lies from an order made in the exercise of power of superintendence whether in consonance with the provisions of section 107; or in accordance ..... on or connected with the setting up of the two dominions. neither this act nor the adaptation order specifically dealt with clause 10 of the letters patent. subject to changes introduced by the independence act the government of india act 1935 continued in force. then on 26th of january, 1950, our presentconstitution ..... of the constitution in exercise of power of superintendence was not appealable. the learned counsel for the appellant in reply has urged that a letters patent appeal against the order under article 227 is competent and in any case the judgment in question was made in substance under article 226 of ..... this petition as one under article 227 of the constitution and dismissed it. the landlord has filed this appeal under clause 10 of the letters patent.2. the learned counsel for the respondents has raised a preliminary objection to this appeal and that is that the order under appeal being one .....

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Jan 06 1958 (HC)

Tarsem Singh Major and ors. Vs. Sm. Jagindro and ors.

Court : Punjab and Haryana

Decided on : Jan-06-1958

Reported in : AIR1959P& H88

a.n. bhandari, c.j. 1. this petition raises the question whether the learned district judge was justified in dismissing an application for the amendment of a decree.2. the allotment of a plot of land in favour of one shrimati jogindro, a displaced person from the west punjab, was cancelled by the custodian of evacuee property on the ground that the allottee had left no land in pakistan on the basis of which the allotment could have been made.jogindro challenged the correctness of this decision by means of an action in a court of law & claimed relief on two grounds, namely (1) that she was aw owner of a plot of land situate in pakistan, and (2) that the allotment was cancelled without her being afforded a reasonable opportunity of being heard. the trial court found in favour of the plaintiff and granted her the decree prayed for. the learned district judge, mr. i. n. kapur, to whom an appeal was preferred refrained from deciding whether the land in pakistan belonged to the plaintiff or to the defendants, for this question had to be decided by the custodian of evacuee property and not by a civil court.he held, however, that as no notice was served on the plaintiff before the order of cancellation was made, the order of cancellation could not be supported. in this view of the case he upheld the order of the trial court and dismissed the appeal. in paragraph 4 of his order he observed as follows :'now the learned senior subordinate judge held that no notice was served on the .....

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Jan 07 1958 (HC)

Nihal Chand Vs. Shiv NaraIn and ors.

Court : Punjab and Haryana

Decided on : Jan-07-1958

Reported in : AIR1958P& H263

meher singh, j. 1. this is a second appeal by nihal chand plaintiff from the judgment and decree, dated 30-4-1953 of the first additional district judge of delhi varying, in certain respect only, the decree, dated 26-11-1951, of the first class subordinate judge of delhi, whereby the suit of the plaintiff against shiv narain, rama nand and sadda ram, defendants, sons of giani ram, giano, defendant, widow of giani ram, and one phool wati, was dismissed in so far as the plaintiff claimed a decree for eviction of the defendants from the premises in suit,but was decreed for an amount of rs. 197/1/- asrent due. special costs in the amount of rs. 80/- were awarded against shiv narain, ram nand and giano defendants. in appeal, the first appellate court only varied the decree of the trial court in the matter of costs, leaving the parties to their own costs before it as also in the trial court.2. the premises were taken on lease by giani ram deceased from the plaintiff on 16-3-1941, at a rental of rs. 5/- per mensem. it appears that the premises were under construction and on completion of the same on 25-7-1941, giani ram deceased went in possession of the same. soon after there was litigation between them on the question of the rent of the premises, which was ultimately fixed by decree of the court at rs. 5/- per mensem. between 1941 and 1946 there were six suits brought by the plaintiff against giani ram deceased either claiming increase of rent or eviction or both on one or more .....

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Jan 08 1958 (HC)

Dominion of India Vs. the Delhi Registered Stock Holders (iron and Ste ...

Court : Punjab and Haryana

Decided on : Jan-08-1958

Reported in : AIR1958P& H270

d. falshaw, j. 1. this is an appeal by the union of india against part of a decree which has been passed in favour of the respondent the delhi registered slock holders (iron and steel) association limited.2. the suit was instituted in june, 1949 against the government through the general managers of the bengal nagpur railway and east indian railway and the chief administrative officer, east punjab railway, claiming rs. 11,995/8/- on the allegation that a consignment consisting of 218 bundles of galvanised corrugated iron sheets had been despatched by rail by the tata iron and steel company limited from tata nagar to the plaintiff association at delhi, and that no portion of the consignment had been delivered. the suit was instituted after consolidated notices dated the 15th of january, 1949 had been served on the appropriate officers of the three railways concerned and the secretary to the ministry of transport, government of india, in which the full value of the consignment together with incidental expenses and interest was claimed and had failed to elicit any satisfaction.3. after the suit had been dismissed in default and restored a written statement was filed on 30th of march, 1950 on behalf of the east punjab railway in which it was stated that the consignment had remained untraced because the wagon arrived without labels, but the contents of the wagon had been unloaded on the 6th of july, 1948 at shakur basti, where they were now available for delivery. under orders of .....

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Jan 08 1958 (HC)

F. Nanak Chand Ramkishan Das and ors. Vs. Lal Chand Ganeshi Lal and or ...

Court : Punjab and Haryana

Decided on : Jan-08-1958

Reported in : AIR1958P& H222

k.l. gosain, j.1. this second appeal is directed against the appellate decree of shri maharaj kishore, district judge, hissar, confirming the decree of shri p.k. thukral, sub-judge 1st class, gur-gaon, by which the suit of the plaintin-appellants was dismissed on 18-5-1949.2. lal chand and his sons prabhu dayal and chuni lal constituted a joint hindu family and carried on their business under the name and style of messrs. lal chand prabhu dayal at hodel, tehsil palwal. on 30-5-1943 prabhu dayal acting as karta & manager of the family gave a hundi to the plaintiff-firm nanak chand bam kishan of hodel for a sum of rs. 5,894/4/- drawn on messrs: manohar lal ram parshad of hailey mandl, pataudi, and obtained from the plaintiffs a sum of rs. 5,879/4/-, i.e., the amount covered by the hundi less commission at the rate of -/4/- per cent.as collateral security for the amount of the hundi the defendants also handed over to the plaintiffs one railway receipt under which 154 bags of matra and 50 bags of arhar had been booked. the hundi bore an endorsement on the back of it that the amount covered by the hundi may be paid on receipt of the railway receipt. the said hundi was presented to messrs. manohar lal ram parshad through the central bank of india for acceptance and payment, but on 2-9-1943 the said firm dishonoured it.the plaintiffs received information regarding this fact on 8-9-1943 and obtained delivery of the goods covered by the railway receipt on 12-9-1943. on 1-10-1943 the .....

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Jan 08 1958 (HC)

Karnail Singh S/O Chanan Singh Vs. State

Court : Punjab and Haryana

Decided on : Jan-08-1958

Reported in : AIR1958P& H316; 1958CriLJ1094

orderr.p. khosla, j.1. this is a revision petition by kar-naii singh against his conviction for an offence under section 42 punishable under section 123 of the indian motor vehicles act and for contravention of the provisions of rule 528 (1) of the motor vehicles rules 1940 punishable under section 112 of the indian motor vehicles act. the petitioner was ordered to pay a fine of rs. 51/- for contravening the provisions of section 42 of the said act and a further fine of rs. 10/- for contravening the provisions of rule 528 (1) of the motor vehicles rules, 1940.2. the petitioner was a driver in the employment of the simla hills transport company, delhi. on 4-3-1956, he was found driving taxi car no. dlz-26 belonging to the said firm at hodal in district gurgaon. the permit for plying this car was restricted to delhi state territory only. the petitioner could not produce the first-aid box also at the time when he was apprehended at hode],3. the petitioner was prosecuted for plying car in an area not covered by the permit and for contravening the rules under the motor vehicles act for non-production of the first-aid box.4. the facts of this case are not in dispute. an attempt at the trial wag made to prove that the first aid box was in the car and thus the petitioner was not within the mischief of rule 5.28 (1) of the motor vehicles rules, 1940. courts below-found against the petitioner on this aspect. this matter is not even agitated before me now in revision. i accordingly hold .....

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Jan 08 1958 (HC)

Lahore Enamelling and Stamping Co. Ltd. Vs. A.K. Bhalla and ors.

Court : Punjab and Haryana

Decided on : Jan-08-1958

Reported in : AIR1958P& H341

ordertek chand, j. 1. this is a petition made by the official liquidator under rules 96 and 97 of the company rules framed by this court, praying for the settlement of list of creditors attached with the petition. the creditors, in pursuance of the advertisement issued by the official liquidator, filed their claims which were considered by him.certain claims of the creditors were partly accepted and partly rejected by the official liquidator and their list is annexure 'c' attached with the petition. annexure 'd' contains list of claimants whose claims were rejected in entirety by him. by this judgment, i propose to dispose of the cases of six claimants who have some common features. these claimants are:(1) shri a.k. bhalla.(2) his wife shrimati yash kumari bhalla;(3) shri bhagwan das,(4) dr. tara chand.(5) messrs. j.c. bhalla and co; and(6) messrs. ram chand puri and sons.2. shri a.k. bhalla claimed an amount of rs. 55,133/15/. the official liquidator allowed the claim to the extent of rs. 17,161/2/9 and did not admit the claim for the balance, i.e. rs. 37,972/12/3, and the reason urged was that the claim was time barred and unproved.3. the claim of shrimati yash kumari bhalla was for rs. 11,081715/- and it was rejected in entirety on the ground that it was barred by limitation.4. the total claim of shri bhagwan das was for rs. 68,500/-. the official liquidator allowed the claim to the extent of rs. 9,616/10/9 and rejected the claim to the extent of rs. 58,883/ 5/3, on the .....

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Jan 13 1958 (HC)

Hari Singh Vs. the State

Court : Punjab and Haryana

Decided on : Jan-13-1958

Reported in : AIR1958P& H214; 1958CriLJ800

orderd. falshaw1. this is a petition under section 526 cr. p. c. filed by hari singh for the transfer to some other court of a case which is pending against hari singh and two others under section 326/34 i. p. c. in the court of a honorary magistrate 1st class at new delhi. 2. it seems -that the case in which hari singh is involved as an accused is one of two cross cases, the other of which is based on a complaint filed by hari singh against certain persons who are prosecution witnesses against him under sections 323/325/504 i. p. c. one of the grounds on which the transfer is sought is that hari singh's complaint was dismissed in default on 24-4-1957 when he had gone 4way to fetch his counsel. this dismissal is the subject of revision petition which is already pending in this court, and it does not seem to me that it would be proper to go into the rights and wrongs of a matter already pending in a court in this way for the purpose of deciding whether it can be a ground (or transferring the case. the other allegations of partiality on the part of the learned magistrate are denied by him and in any case do not amount very much. 3. a legal ground has however been raised in a supplementary petition filed after the original petition namely that the case being under section 326 i. p. c. cannot be tried by a first class magistrate who has not been given special powers under section 30 of the criminal procedure code, before the criminal procedure code was amended by act no. 26 of .....

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Jan 16 1958 (HC)

Firm Gauri Lal Gurdev Das Vs. Jugal Kishore Sharma and anr.

Court : Punjab and Haryana

Decided on : Jan-16-1958

Reported in : AIR1959P& H265

bishan narain, j. 1. these two appeals (e. s. a. 14 of 1954 and e. s. a. 25 of 1954) involve same questions of law which have been referred to this full bench and it will be convenient to decide them by this judgment. 2. the facts leading to execution second appeal no. 14 of 1954 are these judgal kishore etc., filed a suit for the recovery of rs. 1,100/-against gauri shanker etc., in the court of the munsif asansol, district burdwan (state of west bengal). this suit was for the refund of advance made to the defendants for supply of goods and also for compensation. the plaintiffs on 24-1-1951, obtained an ex parte decree for the entire amount claimed by them. the decree-holders are residents of asansol while the judgment-debtors are shown in the decree-sheet as residents of khanna mandi, district ludhiana (state of punjab). apparently the judgment-debtors own property within the jurisdiction of payal court (pepsu state). the decree-holders obtained a certificate in 1953 under order 21 rule 6. civil procedure code, and the necessary papers were sent to the district judge, kapurthala (pepsu) for execution. the decree-holders then applied to the payal court for execution on, 7-10-1953. the judgment-debtors objected to the execution of the decree inter alia on the ground that asansol court had no territorial jurisdiction to entertain the suit as neither did the defendants reside within its jurisdiction nor did any part of the cause of action accrue there. the judgment-debtors also .....

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Jan 17 1958 (HC)

Sant Ram Lalji Ram Vs. Bhagwat Dass and ors.

Court : Punjab and Haryana

Decided on : Jan-17-1958

Reported in : AIR1958P& H309

k. l. gosain, j.1. this is an appeal by the defendant-mortgagor against a preliminary decree for sale of the mortgaged property passed by shri gurba-chan singh, subordinate judge 1st class, jullundur on 8th may, 1950, and the only point which arises for decision is whether on the terms of the mortgage in question a decree for sale could legally be passed.2. sant ram defendant-appellant made a mortgage of one-half of his agricultural land measuring 121 kanals 4 marlas situate in village saifabad, tahsil phillaur, district jullundur, for a sum of rs. 8,000/- by means of a mortgage deed executed on 10th april, 1947 and registered on 11th april, 1947. the deed inter alia provided that the mortgage was to be without possession but later on it provided as under :--'the land mortgaged shall remain in my possession. i shall pay interest on the mortgage money to the mortgagees, year after year, at the close of the year, after calculating the same at the rate of -/6/- per cent., per mensem. i will pay the principal mortgage money with interest within a year. in case i do not make payment as agreed or beyond that period, the mortgagees, aforesaid, will be competent in future either to realise interest at the rate of -/8/- per cent., per mensem or get possession of the land mortgaged, in lieu of the principal money with interest. when the mortgagees enter into possession, interest will cease to run.they may then either cultivate the land themselves or give it to another person for .....

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