Court : Mumbai
Reported in : 1993(2)BomCR266
..... set about making a careful study of the custom of the population which differed materially from prescriptions of hindu and muhammadan law. that custom played a vital role in matters like succession, alienation and incidental matters led to the enactment of punjab laws act, 1872. section 5 of that enactment declared the primacy of custom, making it the primary rule of decision, save where it ..... was contrary to practice and good conscience. the personal law was to be the 'other rule of decision'. piara lal (supra) is a treasure house ..... has the support of ram sakhi kuer v. daroga prasad singh, : air1981pat204 . but there is again the need for caution in applying the principles of hindu law in its prinstine form to people hailing from punjab. one permissible test for ruling upon the validity of the adoption is the attitude of all concerned. plaintiff and prehladsingh accepted each other as son and ..... sir george campbell's ethnology of india vide the position of khatris to show their wide dispersal over territory ranging from punjab to afghanistan to turkestan to calcutta. and migration is a recognised mode for renunciation of one school of law for another. bhadursingh v. kartarsingh, a.i.r. 1950 mb 1 sees the sikhs through the eyes of a court removed .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2007SC2369; 2008(1)ALD28(SC); 2007(5)ALLMR(SC)909; 2007(4)AWC3293(SC); JT2007(9)SC118; (2007)148PLR197; 2007(8)SCALE502; (2007)5SCC561; 2007AIRSCW4219; 2007LawHerald(SC)2524; 2007(5)AIRKarR120
..... by zimindara custom. whether the said custom is a general custom, or a special custom or for that matter a family custom has not been stated. the customary law prevailing in the state of punjab has received a statutory sanction by reason of the punjab laws act, 1872, sections 5 and 7 whereof read as under:5. decisions in certain cases to be according to native ..... law.- in questions regarding succession, special property of females, betrothal, marriage divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, partitions, or any religious usage or institution the rule ..... that custom introduced into the law without the necessity of proof in each individual case....19. the court can also take judicial notice of such customs in terms of section 57 of the evidence act, 1872. as and when custom has repeatedly been recognized by the courts, the same need not be proved. reference in regard to the punjab 'general custom' may be made ..... suit filed by them questioning the gift made by the respondents mother to her. there is no doubt that rattigans work is an authoritative one on the subject of customary law in punjab. this court in mahant salig ram v. musammat maya devi said:the customary rights of succession of daughters as against the collaterals of the father with reference to ancestral .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1966P& H36
..... in the form of section 21 of the agra pre-emption act, 1922. in the punjab the legislature has not considered it proper to enact any such provision. in 1893, it appears that the law on this point was contained in the punjab laws act, 1872. when the punjab pre-emption act, 1905, was enacted, separately codifying the law of pre-emption, the lawmakers may well be presumed to be ..... acquainted with the state of law and aware of the view consistently taken by the punjab chief court, which was different from that of the ..... allahabad high court, but no change in the law in this respect was ..... made, apparently because it was not considered desirable. and again, when the pre-emption act of 1913 was enacted, no change was .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1952P& H52
..... , equity and good conscience. prior to the act, principles of english law relating to leases were applied to agricultural and non-agricultural leases. indeed, there is ample authority under ..... of all or any of such leases), together with, or subject to, those of the local law, if any, for the time being in force.such notification shall not take effect until the expiry of six months from the dale of itspublication.'now, section 6, punjab laws act, 1872, enacts that in cases not otherwise specially provided for the judges shall decide according to justice ..... ) said : 'now returning to the present case when the property in suit is agricultural land and was let for that purpose, section 106, t. p. act, provides that in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural purposes shall be deemed to be a lease from year to year terminable ..... in finding that faqiria defendant has forfeited the tenancy by renouncing his character as a tenant by setting title in himself. the law on the point is contained in section 111(g), t. p. act, 1882, hereinafter referred to as the act. section 111(g) provides : 'a lease of immovable property............ (a) by forfeiture; that is to say, (1) in case the lessee .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1991SC1654; JT1990(4)SC561; 1990(2)SCALE1114; 1992Supp(1)SCC191; Supp3SCR212
..... shall be substituted. after amendment section 8 would read as follows:7. alienation of non-ancestral property.-notwithstanding anything to the contrary contained in section 5, punjab laws act, 1872, no person shall contest any alienation of immovable property whether ancestral or non-ancestral or any appointment of an heir to such property on the ground that ..... right to contest alienations and appointment of heirs: subject to the provisions contained in section 4 and notwithstanding anything to the contrary contained in section 5, punjab laws act, 1872, no person shall contest any alienation of ancestral immovable property or any appointment of an heir to such property on the ground that such alienation or appointment ..... to examine the rival contentions.9. the punjab laws act, 1872 (act 4 of 1872) was an act for declaring which of certain rules, laws and regulations would have the force of law in the punjab and for other purposes. its preamble said:whereas certain rules, laws and regulations made heretofore for the punjab, acquired the force of law under the provisions of section 25 of ..... to amend, consolidate or repeal others of the said rules, orders and regulations; it is hereby enacted as follows. section 5 of the punjab laws act, 1872 provides:decisions in certain cases to be according to native law: in questions regarding succession, special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : AIR1956HP16b
..... parties and hearing their arguments, the trial court came to the conclusion that parties, being christians, were governed by the provisions of the succession act and they could not rely on any custom, as contemplated by section 5, punjab laws act, 1872. on facts, the court below has, however, found that in matters of succession, the chris-wans of kotgarh follow a custom, whereby sons ..... pointed out, this ruling will not help the respondent, because it relates to a case of burma. here, we are concerned with a case to which the provisions of the punjab laws act, 1872, apply. (ii) 'dagree v. pacotti san jab', 19 bom 783 (f), where a division bench of that high court held that: "the indian succession ..... christian to make a valid adoption so as to change the rule of succession, laid down in the indian succession act. jai lal, j., expressed himself in the following terms: "now so far as this province is concerned, under section 5, punjab laws act, 1872, the primary rule for decision in matters of succession is custom, which may be found to govern the parties, but ..... 1948, when samuel died, both the acts were in force, i.e., the punjab laws act as well as the succession act of 1925, which is the successor of the earlier act of 1865. reading section 29 of the indian succession act 1925 and section 5 of the punjab laws act together, it cannot, in my opinion, be argued seriously that the punjab laws act of 1872 would not be covered by the expression .....Tag this Judgment!
Court : Allahabad
Reported in : 2001(1)AWC442
..... law and in view of the fact that validity of adoption of the boy had been accepted by friends of the family and other ..... an adoption in punjab depends on custom applicable to the parties. in view of that prevalent ..... men of the same community, the adoption was held to be valid. itis evident from the last cited decision that in punjab the basis of application of customary law is section 5 of the punjab laws act of 1872 under which a question relating to succession or adoption or any religious usage, the rule or decision shall be the custom applicable to the ..... parties were kashmiri brahmins residing in punjab. there was evidence that among the kashmiri brahmins adoption of a boy who had already been invested with sacred thread was invalid, but according to the customary law in the state of punjab adoption of a boy invested with sacred thread was valid. their lordships referred to section 5 of the punjab law act, 1872 by which the validity of .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1960Cal597
..... law and in view of the fact that the validity, of the adoption of the boy had been accepted by the friends ..... adoption in the punjab depends on the custom applicable to the parties. in view of that provision of ..... parties were kashmiri brahmins resident in the punjab. there was evidence that amongst the kashmiri brahmins an adoption of a boy who had already been invested with sacred thread was invalid; but according to the customary law in the punjab adoption of a boy invested with sacred thread was valid. their lordships referred to section 5 of punjab laws act, 1872, by which the validity of an ..... other men of the same community, the adoption was held to be valid.14. the last cited decision makes it clear that in the punjab the basis of application of customary law is section 5 of the punjab laws act of 1872, under which in questions relating to succession or adoption or any religious usage, the rule of decision shall be the custom applicable to the .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : AIR1951HP69
..... and by bhide j. in sabhachand v. piare lal, 11 lah. 481. a fortiori, the enforcement of the punjab laws act, 1872, could not possibly have the effect of introducing into this state of himachal pradesh the customary laws generally prevalent amongst the agricultural tribes of the punjab. it follows, therefore, that there is no justification for interpreting adoption as a transfer of property in conformity ..... is not so even now. nor was any authority cited to support the view that the general customary law prevalent in the punjab should also be followed in nahan.9. there is no doubt that since the formation of himachal pradesh the punjab laws act (iv  of 1872) has been enforced in this state, but the only effect of that, in view of the provisions ..... of section 5 of that act, is that the rule of decision in questions regarding various matters enumerated in the section, including adoption ..... . amongst them, as pointed out by rattigan in the introduction to chap. iii of his well-known digest of civil law, for the punjab chiefly based on the customary law, adoption partakes more of the character which the act assumed in the later roman law as a simple nominis heredis institutio: that is to say, it is more or less public institution by a sonless .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2005)140PLR25
..... having receiving information of the occurrence.'16. the plaintiff has not produced such record which was required to be maintained in terms and rules framed under section 39-a of punjab laws act, 1872. still further, the signature on plaint and vakalatnama does not show that the plaintiff is an illiterate person. the flow and manner of signatures leaves no manner of doubt that ..... educated person which is apparent from the manner of signatures, appearing on the plaint and power of attorney.9. in fact under the punjab chowkidara rules framed in exercise of powers conferred by section 39-a of the punjab laws act, 1872, the chowkidar is to report of deaths and births which occur in the village and to furnish such other information in connection with ..... wherein the date of birth of the plaintiff is given as 16.8.1951. said pedigree table is stated to be admissible in evidence in terms of the provisions of punjab jagir act, 1941 and the provisions contained in para 172 of the land administration manual.4. on the basis of such proof of date of birth, the suit filed by the ..... of birth entry by the revenue official in terms of para 172 of the punjab land administration manual will be an official act in normal course of duties and thus admissible in evidence is not sustainable in law.15. on the other hand, as per rule 22 of the punjab chowkidara rules, it is the duty of the village headman and village watchman to .....Tag this Judgment!