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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Sorted by: old Court: punjab and haryana Page 1 of about 45 results (0.036 seconds)

Sep 27 1957 (HC)

Pritam Kaur W/O S. Mukand Singh Vs. State of Pepsu and ors.

Court : Punjab and Haryana

Reported in : AIR1963P& H9

..... order of bishan narain j. passed in a petition under article 226 of the constitution praying that the estate be released from the court of wards on the ground that section 5(2)(a) of the pepsu court of wards act (no. 1 of 2008 bk.) is ultra vires the constitution of india. this appeal came up before me while sitting with the chief justice on the 13th ..... was to govern. it is not necessary to notice the various provisions of the patiala court of wards act, 2000 bk. because, as i have already said, they are identical with the provisions of the pepsu act. both the acts relate to the same subject. the pepsu act by section 2 repealed the patiala act, 2000 bk., and provided :'provided that all rules and appointments made, notifications and orders issued, ..... pursuance of an order of the jind state government. in 1948 the jind state became a part of pepsu and the court of wards continued to function, presumably under the pepsu court of wards act. in 1956 the two states of pepsu and punjab were merged together and the court of wards came under the control of the punjab state. on the 3rd of october, 1956, the appellant filed ..... hostile, discriminatory, and with bad motive on, amongst others, the following grounds. in the grounds, all possible objections were raised including the objection as to the vires of the pepsu court of wards act and in the end the following prayers were made :'1. that the petitioner and respondent no. 3 being co-widows and owners in equal share of the property there is .....

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Apr 28 1958 (HC)

Dewa Singh Vs. Lal Singh and anr.

Court : Punjab and Haryana

Reported in : AIR1959P& H601

..... 44 of the patiala judicature farman. 1999, reproduced above. 6. the patiala judicature farman, 1999 and the pepsu high court ordinange (no. ii of 2005 bk.) were repealed by section 119 of ordinance no. x or 2005 bk. which came into force on 25-10-1948. it is section 52 of this ordinance which is now ..... these reasons, i am of opinion that an appeal under section 52 of ordinance no. x of 2005 bk. against the decision of a single judge in the exercise of revisional jurisdiction of the pepsu high court would not be competent.11. a distinction was sought to be made out by mr. dalip chand, learned ..... of which the proviso fails to convey the complete sense. no decree can ever be passed in the exercise of the criminal appellate jurisdiction of the high court; use of the term 'decree' in conjunction with 'judgment' or 'order' is un-understandable. it does not stand to reason that while excluding the ..... except where the judgment, decree or order is made in exercise of criminal appellate jurisdiction or in exercise of the powers of superintendence vested in the high court. the section, as it stands, does not make any exception in case of judgment, decree or order made in exercise of the civil or criminal ..... election tribunal to issue notice to the parties to the election petition, before recording a finding under section 99(1)(a) of the representation of the people act. 1951. it was contended that under section 99(1)(a) the tribunal has to record the names 'of all persons' who arc proved to have .....

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May 21 1958 (HC)

Gurbinder Singh and ors. Vs. Lal Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1959P& H123

..... was admittedly contained in the ordinance relied upon by mr. atma ram as well as other learned counsel.this ordinance (no. x of 2005 bk) purported to consolidate and amend the law relating to the courts in pepsu and it came into force there in august, 1948, but even before then there was another procedural law in force with which we are not ..... provision corresponding to the code of civil procedure and consequently stood repealed.punjab act 38 of 1957 was meant to extend the punjab courts act along with certain other acts to the pepsu territory, and as a good part of section 49 of the pepsu ordinance corresponded to the provisions contained in the punjab courts act the legislature provided that, in spite of such extension, the extended provisions ..... his argument mr. nehra sought assistance from the fact that after the re-organisation of the states when pepsu was merged with the punjab on the 1st november, 1956. the punjab legislature enacted punjab act no. 38 of 1057, extending certain acts including the pun-jab courts act to the transferred territory, i.e., pf'psu,' and while doing so exnressly provided in section 4 ..... that kehar singh was a bona fide transferee having bought the property from the rata for valuable consideration and' must be protected by section 41 of the transfer of property act. this section is expressed thus:'section 41. where, with the consent, express or implied, of the persons interested in im-movenble property, a person is the ostensible owner of such .....

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Nov 04 1959 (HC)

Pearl Insurance Co. Vs. Atma Ram

Court : Punjab and Haryana

Reported in : AIR1960P& H236

..... j. had to consider whether a letters patent appeal lay under section 52 of pepsu ordinance no. x of 2005 bk against the decision of a single judge passed in the exercise of revisional jurisdiction of the high court.the section as it stood did not make any exception in case of judgment, ..... in certain respects.(14) the learned counsel for the appellant company has relied on the equally well established rule that where the language of an act is clear and explicit, it must be given effect to whatever the consequences may be. the intention has to be gathered from the language ..... co. ltd., (1957) 59 pun lr 1: (s) air 1956 sc 614). the following observations are pertinent:'now, the displaced persons (debts adjustment) act is one of the statutory measure meant for relief and rehabilitation of the displaced person. it is meant for a temporary situation brought about by unprecedented circumstances. ..... the special circumstances in which they had been (sic) intention appears to dominate to the entire subsequent legislation which has been referred to.now the act has been enacted for the relief of a class of persons called the displaced persons and the object was a remedial and beneficial one. the ..... argument addressed but the terms used in an insurance contract must be interpreted with reference to the object and the exigencies of insurance.the learned acting chief justice then proceeded to observe that the parties had agreed in substances that if no suit were brought within a year then neither .....

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Mar 23 1960 (HC)

Commissioner of Income-tax Vs. R. B. L. Ishar Dass.

Court : Punjab and Haryana

Reported in : [1962]44ITR629(P& H)

..... had run out and the question was whether the period of eight years under the amended section would apply to proceedings which were being initiated for assessment. the madras high court answered this question in the negative and in favour of the assessee. in coming to this conclusion the learned judge proceeded on the principle that if a right is acquired ..... income-tax act was passed in 2001 bk., action could only have been taken in respect of the year 2000 bk. in 2002 bk. action could be taken in respect of the year 2000 and 2001. in the year 2005 bk. action could be taken for the entire period 2000 to 2005 bk. and lastly in case of concealment of income in the year 2008 bk. action could ..... concerned with the effect of this change.the territory of pepsu was integrated with the indian union for the purposes of ..... 1942-43. on the 20th of august, 1948, kapurthala became part of pepsu and the income-tax law, which was in force in patiala, was extended to kapurthala. in samvat 2006 bk., which corresponds to 1949, an act amending the original patiala income-tax act of 2001 bk. was passed. by this amending act the provisions of section 34 were changed. we are in this case .....

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Sep 10 1964 (HC)

Commissioner of Income-tax, Punjab Vs. Tulsi Dass Jashan Lal KuthialA.

Court : Punjab and Haryana

Reported in : [1965]58ITR704(P& H)

..... fall under 'the levy, assessment and collection of income-tax'.however, on the appeal of the commissioner of income-tax, andhra pradesh, the supreme court took the contrary view and held that 'penalty imposed under a taxing statute upon a person in view of his dishonest or contumacious conduct was in ..... amount imposed in each case was appropriate.since the order of the appellate assistant commissioner was based on the decisions of three high courts, including this court, at the time when it was made, and the primary justifications of the references is the subsequent overruling of the basis of those decisions ..... j. - these are six connected income-tax references (nos. 34 to 39 of 1962) made to this court by the commissioner under the provisions of section 66(1) of the patiala income-tax act of 2001 bk. arising out of the assessment to income-tax of six different firms, messrs. tulsi dass jashan lal kuthiala ..... had issued a general notice by publication in the press and other prescribed manners as required by section 22(1) of the patiala income-tax act calling on all persons whose total income during the previous year exceeded the maximum amount which was not chargeable to income-tax to furnish returns ..... that for assessment years after the 1st april, 1950, income-tax was to be assessed in states like hyderabad and pepsu in accordance with the provisions of the indian income-tax act, but that assessments for the previous assessment years up to 1949-50 were to be covered by the provisions of .....

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Nov 05 1964 (HC)

Jagat Ram Hamir Chand Vs. Shanti Sarup

Court : Punjab and Haryana

Reported in : AIR1965P& H175

..... form the orders of the controller lie to an appellate authority. both the controller and appellate authority are persona designate and are not strictly courts as defined in the punjab courts act, vide pitman's shorthand acadamy v. m/s. b. lila ram and sons, 52 pun lr 1: (air 1950 ep ..... justice observed as follows:'.............but since there is this conflict between the decisions of the pepsu high court and the punjab high court, i feel that i should follow the rule of this court rather than that of another court'it was not disputed by the learned counsel for the parties that under the code ..... , ilr (1955) patiala 388--a decision by mehar singh, j. it is no doubt true that section 17 of the pepsu urban rent restriction ordinance (no. viii of 2006 bk) makes the provisions of the code of civil procedure with regard to the summoning and enforcing the attendance of parties and witnessed ..... statute. moreover, the expression 'due service' is used in a procedural statute (code of civil procedure) which according to their lordships of the supreme court in sangram singh's case, (s) air 1955 sc 425 is a statute embodying the rule of natural justice. see also in this connection the ..... their absence and that they should not be precluded from participating in them.'these authorities have been referred to with a purpose namely whether this court would be justified in drawing inspiration from the code of civil procedure while interpreting certain terms used in the proviso, which falls for our .....

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Mar 22 1968 (HC)

Sat Pal Sharma and anr. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1968P& H499

..... the rules relating to conditions of service under those particular headsthe central government could not possible have amended the statutory provision it could only act under the provision and in pursuance thereof. a condition of service which a state government was precluded from prescribing because of the bar ..... may also be mentioned here that it appears on legal advice that the government of india cannot accord approval to rules under the states reorganisation act with retrospective effect.' the argument is that the abovequoted letter conclusively proves three things, i.e. :(i) that some rules framed by the ..... of proposals of state government is to impose new departmental tests or tests of a higher standard, on the employees allotted under the states reorganisation act, only on the following conditions being fulfilled: (i) additional time, which may be double that of the ordinarily permissible time of passing the ..... division bench to be 'a condition of service' which was to the manifest detriment of the pepsu employees.mr. bhagirath dass has on the other hand invited our attention to the judgment of the supreme court in state of mysore v. g. n. purohit. 1967 service law reporter 753 (sc). ..... their detriment and disadvantage, and were violative of the mandatory requirements of the proviso to sub-section (7) of section 115 of the 1956, act, inasmuch as the prior approval of the central government required by the abovesaid provision had not been obtained before framing the said rules, and .....

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May 25 1961 (HC)

Basant Lal Jagan Nath Vs. Net Ram Mangal Ram

Court : Punjab and Haryana

Reported in : 1962CriLJ583

..... state; government is, however, a matter which does not appear to have been dealt with in the judgments of the courts below. the learned counsel for the respondent has invited my attention to the proviso to section 12 of the pepsu panchayat raj act, 2008 b. k. which states thatsubject to the approval of the director, the sarpancn, naib sarpanch or a panch may ..... his office save by or with the sanction of a state government... is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction ....(b) in , the case of a person employed in connection with the affairs ..... with an opportunity to misappropriate the amount to himself.7. that a mere opportunity to commit, an offence provides no connection between the act of misappropriation and the performance of duties has recently been reiterated in the supreme court decision of dhannjay ram sharma v. m. s. uppadaya am 1960 sc 745, in my opinion, there is no force in this petition ..... imagination could it be said that the act of the petitioner sought to be made a subject for the prosecution was done or purported to have been done in the discharge of official duties.6. the learned counsel for the petitioner has sought reliance on the supreme court authority of amrik singh v. state of pepsu : 1955crilj865 , in this case, the judgment was .....

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Dec 14 1973 (HC)

Kapoor Chand Rikhi Ram Mahajan Vs. Hakim Jagdish Chand Siripat Rai and ...

Court : Punjab and Haryana

Reported in : AIR1974P& H215

..... him by them, are briefly as under.2. the parties are residents of sunam. jagdish chand was practising there as hakim duly registered as medical practitioner under the pepsu ayurvedic and unani practitioners act, 2008 bk. he claimed to have taken examination conducted by the bhupindera tibbia college, patiala, in 1943 ad and passed the same and obtained diplomas of 'haziq-ul-hukama' ..... by the appellant and abhai kumar, in publishing pamphlets, which were bound to cause loss in his practice as hakim, were nominal. therefore, i find that the lower appellate court had assessed the barest amount of damages suffered by the plaintiff-respondent on account of the aforesaid malicious proceedings and the libel. it, thus, follows from the discussion above ..... aforesaid degree and diploma from one asghar ali, without taking the aforesaid examination, is not substantiated by any satisfactory evidence and was rightly turned down by the lower appellate court.10. exhibit p./a., which embodies the order of the registrar of the board, cancelling the registration certificate of the plaintiff-respondent and removal of his name from the ..... , controverted the other material allegations of jagdish chand and pleaded that they had made the aforesaid application to the board in good faith and not without any justification. the trial court framed the following issues:-(1) does the plaintiff possess qualifications mentioned in paras nos. 1 and 2? (2) is the plaintiff a registered practitioner, as alleged in para .....

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