Court : Supreme Court of India
Reported in : AIR1969SC33; (1968)70PLR1082; 3SCR655
..... (c) defines a 'landholder' to mean 'an owner of land or a tenant having a right of occupancy under the punjab tenancy act, 1887 (xvi of 1887) or a tenant as defined in section 3 of the colonization of government lands act, 1912 (punjab act v of 1912) and such other holder or grantee of land as may be specified by the provincial government;'. section 2(c) of ..... the east punjab displaced persons (land resettlement) act, 1949 (east punjab act no. xxxvi of 1949) defines a 'displaced person' as follows : ''displaced person' means a land ..... said territories on account of civil disturbances, or the fear of such disturbances, or the partition of the country.' 5. section 2(d) of the east punjab refugees (registration of land claims) act. 1948 (east punjab act no. xii of 1948) states : '2. interpretation. - in this act unless there is anything repugnant in the subject or context, - ...................................................... (d) 'refugee' means a landholder in the territories now .....Tag this Judgment!
Court : Delhi
..... tenure) act, 1950, they are the tenants under those acts and can be evicted only in ..... the pp act. reliance is placed on paras 59 and 64 ..... under the pp act. it is argued that at the time when lease was executed by the dit, the provisions of punjab tenancy act, 1887 and punjab tenants (security of tenure) act, 1950 were applicable to the lands in delhi by virtue of delhi laws act, 1912, as amended in 1915. it is argued that as per section 4(5) of the punjab tenancy act, 1887 and punjab tenants (security of ..... terms of the said acts and not under .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1929All238
..... . these principles have, for instance, been held to be of general application and have been applied in the punjab where the transfer of property act itself is not in force, champo v. shankar das  74 p.r. 1912 and ibrahim v. juvan das, a.i. rule 1924 lah. 707. the same view was also taken by the bombay ..... of qutub-un-nissa. on this point we are unable to agree with the view of the trial court. the provisions of section 53, t.p. act, do not in terms apply to this case since the plaintiff bases her title on a transfer by a decree of a court and under section 2(d ..... consented to such an arrangement in the absence of collusion.9. there is a passage in dr. gour's commentary on the law of transfer, edn. 5, vol 1, p. 631, which is very applicable to the facts of the present case the learned commentator remarks:indeed it is too well known that ..... high court in bhagwant appaji v. kedari kashinath  25 bom. 202. if we come to the conclusion, therefore, that ..... the decree upon which the plaintiff bases her title is fraudulent and intended to defeat creditors the plaintiff cannot succeed.5 .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1957MP165
..... for essential purposes. we need not quote here all the authorities. they begin with in re delhi laws act, (1912) etc., air 1951 sc 332 (c) and come right up to ram jawayg, v. state of punjab. air 1955 sc 549 (d). in all these their lordships of the supreme court have tried to ..... not amount to an exercise of judicial power. the learned counsel for the petitioner relied upon a decision of the privy council reported in lemm v. mitchell, 1912 ac 400 (j), to show that when a case has once been disposed of and res judicata has been created, an amendment of the ..... secured the largest number of votes and was declared elected. the first respondent filed an election petition under section 10 of the madhya bharat municipalities act, 1954 (act no. 1 of 1954) read with rule 131 of the rules framed thereunder. before the district judge an objection was taken to his jurisdiction ..... judge and to seek a writ of prohibition a petition was filed in the high court of madhya bharat, and the high court acting on its own decision reported in bhikam v. haridas modi, 1956 madh b lj (bhopal) 156,(a), issued the writ. thereafter the madhya bharat legislature enacted a law ..... called the madhya bharat municipalities (second amendment) act, 1056 (act no. 7 of 1956) creating a jurisdiction which the high court had denied to the district judge. in section 10 of the madhya eharat municipalities act .....Tag this Judgment!
Court : Chennai
Reported in : (1924)46MLJ150
..... suit to set aside an award is provided for, and it was held by the punjab chief court in secretary of state v. baswa singh (1913) 17 ic 764, which was tried in 1912, that article 17 (4) of the then court fees act which corresponds, except in a matter which i will refer to in a moment, ..... it was said that section 8 was a special provision applicable to appeals against all orders, including awards relating to compensation for lands under the land acquisition act. but i think on the proper construction of the section it has no application where the crown is the appellant and that the dictum is too wide ..... with article 17 (a) (ii) of the present act, applied to a case similar to the ..... present. i very much doubt whether that was a correct decision under that act as ..... act in the words, ' a suit to set aside an award, ' which is certainly not giving the ordinary meaning to those words, because the proceedings before the small causes court or the district court do not seem to be a suit to set aside an award. it has been held by the privy council in secretary of state for india v .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1962MP245
..... of government for essential purposes. we need not quote here all the authorities. they begin with in re delhi laws act (1912) etc., air 1951 sc 332 and come right up to ram jawaya v. state of punjab, (s) air 1955 sc 549. in all these their lordships of the supreme court have tried to strike ..... within the meaning of article 286(1)(a).21. proviso (b) to section 6(3) of the bombay sales tax act (v of 1946), which corresponds to section 4(6) of the act, was also assailed on the ground that the price paid for the purchase of goods could not be regarded as a part ..... was not attracted. with reference to a similar provision relating to income escaping assessment contained in section 34 of the indian income-tax act, the privy council pointed out in rajendra nath mukerjee v. income-tax commr., ilr 61 ind app 10 : (air 1934 pc 30) that there was no escaped assessment if at ..... 7. the first two grounds relate to the validity and effect of the sales tax laws validation act, 1956. the question of validity of that act has been settled by the supreme court in m.p. v. sunderaramier and co. v. state of andhra pradesh, 1358 scr 1422 : (air 1958 sc 468). their lordships pointed out ..... central legislature included the power of validation. the same can be said of the provincial legislatures and also of the governor acting as a legislature.' 13. the learned counsel for the petitioners relied upon bankey singh v. jhingan, singh, ilr 30 pat 1085: (air 1952 pat 166). that case which was dissented from in ilr ( .....Tag this Judgment!
Court : Delhi
Reported in : 36(1988)DLT217
..... held by him when the landlord desires to sell it. punjab act x of 1960 however has not been extended to delhi and here the punjab pre-emption act of 1913, the act with which wearer concerned, still applies'.(italics supplied.) (5) admittedly the plaintiffs are co-sharers in the property in ..... sarak within the boundary walls of old delhi where the customs of pre-emption had judicially been noticed and recognised and further that the punjab pre-emption act, 1913 was applicable to delhi. in support of this contention sh. ganpat rai, the father and attorney of the plaintiffs, appeared ..... in the grounds of appeal before me.then.under order 18, rule'2 of the code of civil procedure, as amended by the punjab amendment, as applicable to delhi,, the appellant-defendant could have asked the court to require the plaintiffs to examine themselves as witnesses in ..... act') has since been repealed by the punjab pre-emption (repeal) act, 1973, and as such the suit was incompetent. it is difficult to appreciate the argument of mr. aggarwal. the act was extended to the union territory of delhi under the delhi laws act, 1912 by a notification issued in may, 1939. repeal of this act in punjab by the repealing act ..... of 1973 would have no bearing on the applicability of the act to delhi. the repeal of the act in punjab does not automatically repeal the act as in force in delhi .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1993Bom91; 1993(1)MhLj1
..... as 'state' under art. 12.22. in the case of pritamsingh gill v. state of punjab and haryana, reported in , the full bench of the punjab and haryana high court held that the punjab state co-operative land mortgage bank registered under the punjab co operative societies act was not instrumentality of the state and hence was not 'other authority' within ..... make such companies, agencies or instrumentalities of the state simply because the state has enacted a law to regulate the working of such companies. the indian partnership act regulates the functioning of partnership firms. such regulatory laws cannot be construed ipso facto as providing full or substantial state control over the functioning of the organisations governed ..... of s. 2(10) of the maharashtra co-operative societies act, 1960. it is a society which ..... the appellant bank was registered under the co-operative societies act, 1904, since then it is deemed to be registered under the co-operative societies act, 1912; the bombay co-operative societies act,1925; the multi unit co-operative societiesact, 1942; the maharashtra cooperative societies act, 1960 and multi state cooperative societies act, 1984. it is a cooperative bank within the meaning .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1960P& H11
..... by analogy may advantageously be made to cases decided under s. 77(3) of the se, as it stood prior to its amendment by the punjab act no. iii of 1912 and the addition of the proviso to the section. section 77(3) gives a list of suits which shall be instituted in and heard and determined ..... suit where the value thereof exceeds rs. 1,000/- or the matter involved is of the nature mentioned in s. 77(3), first group, of the punjab tenancy act, 1887, and in other cases may send the suit to an assistant collector of the 1st grade for decision.'(14) in the absence of any such ..... agreement with this interpretation of s. 77(3) of the punjab tenancy act in niranjan lal v. siria, air 1953 pepsu 107. it was because of the above decisions of the punjab chief court that the following proviso was added to s. 77(3) by act iii of 1912:'(i) where in a suit cognizable by and instituted in a ..... that a civil court is debarred by s. 77 of the punjab tenancy act, 1887, from taking cognizance of an objection raised by the landlord by way ..... might be instituted. the section, prior to its amendment in 1912, did not provide for the contingency of a plea under that act having been taken in his written statement by the defendant.interpreting the section a full bench of the punjab chief court in asa nand v. kura, 11 pun re 1895, arrived at the conclusion .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(13)SCALE398; (2009)2SCC47
..... an implied separation of powers. see: in re delhi laws act, 1912, ajmer- merwara (extension of laws) act, 1947 v. part `c' states (laws) act, 1950 (reference under article 143 of the constitution of india) air 1951 sc 332; rai sahib ram jawaya kapur and ors. v. state of punjab : 2scr225 and ram krishna dalmia and ors. v. justice s.r. tendolkar and ors. : 1scr279 ..... on the recommendations made by the constitution bench of the court in kartar singh v. state of punjab reported in : 1994crilj3139 and the judgment of this court inr.m. tiwari v. state : 1996crilj2872 . these are the provisions which provide safeguards against misuse of' the stringent provisions of such an act. in our view, the high court has correctly held that the challenge ..... various parts of india, the terrorist and disruptive activities (prevention) act (hereinafter referred to as `tada') was enacted by the parliament in the year 1985. there was widespread criticism that tada contained some draconian provisions.5. the constitutional validity of tada was challenged before this court in kartar singh v. state of punjab : 1994crilj3139 . it was contended before this court that many ..... of punjab reported in (1994) 3 scc and the judgment of this court in r.m. tiwari v. state (1998) 2 scc 610. there are the provisions which provide safeguards against misuse of the stringent provisions of such an act. in our view, the high court has also correctly held that the directions given by the review committee could only be .....Tag this Judgment!