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Judgment Search Results Home > Cases Phrase: patents Sorted by: recent Court: punjab and haryana Year: 1948 Page 1 of about 100 results (0.018 seconds)

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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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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Dec 31 1948 (PC)

Nika Singh Badan Singh and anr. Vs. Ram Chand Mangtu Mal

Court : Punjab and Haryana

Decided on : Dec-31-1948

Reported in : AIR1949P& H330

harnam singh, j.1. regular second appeal no. 249 of 1946 was dismissed with costs by mehr chand and teja singh, jj. on 28th july 1948 on the preliminary objection that the appeal had became infructuous because subsequent to ?the declaratory decree in favour of the plaintiff he had obtained a decree for possession of the land in suit in the former suit and that the decree for possession bad become final as it had not been appealed against.2. briefly, the facts are that badhawa singh, grandfather of the defendants, had made a usufructuary mortgage of agricultural land in favour of bulia ram, grandfather of the plaintiff, for rs. 700 on the foot of the registered mortgage deed executed on 22nd may 1879. on 6th june 1939, the defendants applied under section 4, punjab act iv [4] of 1938 to the special collector, ferozepore, for redemption and restitution of the mortgaged land. the special collector dismissed the application on the ground that the mortgage of 22nd may 1879 did not subsist on 6th june 1939 when the proceedings for redemption and restitution of the land were initiated before him. the case being remanded by the appellate authority the collector allowed the application for redemption and restitution of the mortgaged land.3. subsequent to the order of remand dated 26th november 1942, the plaintiff-mortgagee instituted civil suit no. 1059 of 1944 on 4th july 1944 for declaration that he was owner of the land in suit and for perpetual injunction restraining the .....

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Dec 30 1948 (PC)

Gokal Vs. Haria and ors.

Court : Punjab and Haryana

Decided on : Dec-30-1948

Reported in : AIR1949P& H414

achhru ram, j.1. this second appeal has arisen in the following circumstances. one mt. sobhan widow of sidhu was the owner of the property in dispute which consists of a vacant site and a compound, at one time there was a house constructed on this property. in the year 1906 the plaintiff who was one of the collaterals of sidhu purchased the aforesaid house from mt. sobhan with the consent of his own father gurmukh, who was then alive and hira, another collateral of sidhu, who seems to have died without leaving any heirs. moti, haku and bisakhi, three brothers of gurmukh, father of the plaintiff, brought a suit for the usual declaration which was decreed in their favour on 7th february 1908. a declaratory decree was granted by the court in favour of the plaintiffs to the effect that the sale by mt. sobhan in favour of haria would not affect their reversionary rights after the vendor's death and that they would be entitled to recover possession of their share in the property after the widow's death without any payment. mt. sobhan died on 24th august 1922. the aforesaid moti, haku and bisakhi did not bring any suit for possession of their bhare of the property sold by the aforesaid mt. sobhan in favour of haria within the time allowed by punjab act i [l] of 1920. on 2nd april 1946 haria brought the suit which has given rise to the present second appeal impleading all the descendants of dola, his own grandfather, who are the nearest collaterals of sidhu at the present moment. .....

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Dec 28 1948 (PC)

Thakar Das and anr. Vs. Chet Ram and ors.

Court : Punjab and Haryana

Decided on : Dec-28-1948

Reported in : AIR1949P& H367

achhru ram, j.1. by means of a mortgage-deed dated 22nd june 1945 rala ram and mt. prabhi, his brother's widow, brahmins of the village ajoli in una tahsil in the district of hoshiarpur, mortgaged 8 kanals and 10 marlas of land in favour of defendants 1 to 4 for a sum of rs. 4000. by means of another mortgage-deed dated 12th june 1945 rala ram alone mortgaged 3 kanals and 17 marlas of land to the same defendants for a sum of rs. 1,300. thakar das and jagan nath eons of rala ram brought two separate suits for the usual declaration in respect of the two mortgages. the suits were resisted by the mortgagees inter alia on the pleas that the brahmins of the village ajoli were not governed by agricultural custom in matters relating to alienation, that rala ram's powers of alienation were not subject to any customary restriction and that the mortgages-were for legal necessity. the learned subordinate judge held that in matters of alienation brahmins of the village of the parties were governed by custom and that according to that custom rala ram's powers of alienation over ancestral property were restricted. he further found that necessity had been proved for the first mortgage only to the extent of rs. 3000 and that no necessity had been proved at all for the second mortgage. in the result he granted the plaintiffs a declaratory decree to the effect that the mortgage-deed dated 22nd june 1945 would not affect their reversionary rights after the mortgagors' death except to the extent .....

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Dec 27 1948 (PC)

Abdul Latif Vs. Divisional Superintendent, Lahore Division

Court : Punjab and Haryana

Decided on : Dec-27-1948

Reported in : AIR1959P& H398

a.n. bhandari, j.1. the short point for decision in the present case is whether an appeal lies from an order refusing to make a direction under section 15 of the payment of wages act, 1936. it appears that one abdul latif who was employed as a booking clerk on the north western railway was removed from service of the crown on 9-8-1942. he submitted a number of petitions under section 15 of the act of 1936 for payment of delayed wages, including the one dated 31-8-1945 which forms the subject of the present case and in which he claims payment of delayed wages for the period commencing with the 1st april 1945 and ending with the 30th september 1945. the authority appointed by the provisional government to hear and decide the claims arising under the statute came to the conclusion that there was a bona fide dispute between the employer and the employee as to whether the removal was or was not valid in the eye of law and, consequently, that in view of the proviso to sub-section (3) of section 15 the authority was not at liberty to make a direction for the payment of wages. the application was accordingly dismissed without issuing a notice to the opposite party. the petitioner appealed to the district judge of delhi, but the latter declined to entertain the appeal on the ground that no appeal could lie against an order refusing to make a direction. the petitioner has come to this court in revision and the question for this court is whether the learned district judge has come to a .....

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Dec 23 1948 (PC)

Kidar Nath S/O Siri Ram Vs. the Crown

Court : Punjab and Haryana

Decided on : Dec-23-1948

Reported in : 1949CriLJ756

khosla, j.1. this is a petition under a. 23, press (emergency powers) act, xxiii [23] of 1981. the petitioner before us is shree kidar nath, the keeper of the press known as the printers ltd., of ambala cantonment. he was ordered by the east punjab government to deposit a sum of rs. 8,000 as security under section 3, sub-section (8), press (emergency powerb) act on account of the publication of an article 'yeh kaun aya hai' in the 'weekly insaf of 4th august 1948. it was alleged that this article contained matter which 'tends directly or indirectly to bring into hatred or contempt the government established by law or to excite disaffection towards the said government' within the meaning of clause (d), sub-section (l) of section 4, indian press (emergency powers) act. the petitioner has moved this court for the cancellation of the order of the punjab government.2. the learned counsel for the petitioner raised three points before us. he argued in the first place that incitement to violence was an essential ingredient of the offence contemplated by the provisions of section 4 and that unless the published matter contained a direct incitement to violence no order for the deposit of security under sub-section (8) of section 3, could be passed.3. in the second place, it was argued that the article contained at worst an attack on the east punjab ministry and that an attack on the ministry was not the same thing as an attack on the government as established by law. therefore, be it .....

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Dec 23 1948 (PC)

Jit Singh S/O Indar Singh Vs. the Crown

Court : Punjab and Haryana

Decided on : Dec-23-1948

Reported in : 1949CriLJ840

harnam singh, j.1. jit singh, amrik singh and harnam singh of village akalgarh were tried for the murder of hazura singh of village rasulpur in the court of the sessions judge, ludhisna. jit singh and amrik singh are brothers and harnam singh is their uncle. amrik singh and harnam singh have been acquitted and jit singh has been convicted under section 302, penal code, and sentenced to transportation for life. jit singh appeals.2-3. briefly, the prosecution case is that there was enmity between bakhshi singh an uncle of hazura singh deceased, and the accused. hazurft singh had come to visit his uncle bakhshi singh in village akalgarh and at about sunset on i8tb june 1947 he was taking mb meals with bakhshi singh when jit singh, amrik singh and harnam singh attacked him. jit singh appellant gave a. barohha blow in the abdomen of hazura singh while amrik singh attacked him with dhangi on his head and harnam singh gave him a dang blow on the bipa. nichhatar singh and bakhshi singh witnessed the occurrence.4. the dying declaration of hazura singh was recorded by pandit kewal krishan, naib tehsildar, on 14th june 1947 about 8.30 a. m. in the civil hospital.5. the prosecution examined bakhshi singh and nichhatar singh in support of the prosecution story and also examined evidence to prove the dying declaration of hazura singh deceased.6. in the chalan that was put in court it was stated that bakhshi singh had collected hazura singh and some other men including himmat khan who were .....

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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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Nov 30 1948 (PC)

Proprietors of Mauza Silauthi and ors. Vs. Raj Rup and anr.

Court : Punjab and Haryana

Decided on : Nov-30-1948

Reported in : AIR1949P& H325

..... the view taken by the courts below and dismissed the suit. the defendants are dissatisfied with the order and have come to this court under para. 10 of the letters patent.2. sub-section (1) of section 59, punjab tenancy act, declares that when a tenant having right of occupancy dies, the right shall in the circumstances set out in the ..... allowed the plea to be examined by the courts below and by the learned single judge. in the grounds of appeal which were filed under para 10, of the letters patent no allegation was made that the defendants had set up a new case. it is not within the competence of this bench to entertain an objection about a new case .....

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