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Judgment Search Results Home > Cases Phrase: punjab laws act 1872 section 39a power to establish system of village watchmen and municipal watchmen and to make rules Page 1 of about 2 results (0.034 seconds)

Jun 02 1975 (HC)

Balia and anr. Vs. Kanshi Ram and ors.

Court : Himachal Pradesh

..... adoption. therefore, according to plaintiffs no adoption could be proved. the learned counsel referred to section 5 of the punjab laws act, 1872 which give out the legislative declaration that in a question regarding adoption the rule of decision would be governed by the hindu law except in so far as such law, was altered or abolished by legislative enactment, or was opposed to the provisions of that ..... judge, kinnaur confining on appeal the decision of the subordinate judge, theog whereby a suit of balia and others for declaration and injunction in respect of the land situate in villages shabog and shiva measuring 49 bighas and odd and 16 bighas and odd respectively has been partially decreed. the case of balia and others was that their father bhainu was ..... govern the decision of the present suit.6. it is undisputed that the ruler of madhan was an autocratic ruler and all the executive, legislative and judicial powers vested in him. his word was law and whatever directions he issued amounted to express legislation by him. ex, d. a. is the application moved by kehroo on 10-5-1919 whereby he sought ..... title, coupled with exclusive possession and enjoyment by one of them to the knowledge of the other so as to constitute ouster. the burden of making out ouster is on the person claiming to displace the lawful title of a co-heir by his adverse session. in the instant suit there was absolutely no evidence of such ouster of the other co .....

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Dec 01 1975 (HC)

Pritam Singh Vs. Assistant Controller of Estate Duty

Court : Punjab and Haryana

Reported in : [1976]103ITR661(P& H)

..... neither side established the respective custom set up by them, the plaintiff was held entitled to fall back on her personal law, i.e. hindu law.' 20. to the same effect was the law laid down in. fatima bibi v. shah nawaz, air 1921 lah 180 and mohammad jan v. rafi-ud-din, . 21. therefore, it is clear that section 5 of the punjab laws act, 1872, does not ..... founded. the deceased himself was a lambardar and, currently, shri harbans singh, his eldest son, is one. about 1/3rd land of the village is the property of virk jats. these facts have been taken from the deposition of shri harbans singh before me (assistant controller) on march 7, 1963, it is true that ..... passing of the hindu succession act, 1956, may now be noticed. there are two systems of inheritence among the hindus in india, namely, the mitakshara system and the dayabhaga system. the dayabhaga system prevails in bengal, while the mitakshara system recognizes two modes of devolution of property, namely, survivorship and succession. the rule of survivorship applies to joint hindu family property, while the rule of succession applies to ..... tribunal to make such modification therein as it may direct. sub-section (6) empowers the high court to decide the question of law referred to it and in doing so it may alter the form of the question of law and shall deliver judgment thereon containing the ground on which such decision is founded. under section 64 of the act the high court has no power to .....

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Dec 20 1982 (HC)

National Assn. of Motion Pictures Exhibitors, Delhi Vs. Union of India ...

Court : Delhi

Reported in : ILR1983Delhi691

..... permit the fixation of cinema rates. counsel says that just as the central government could not frame a rule under the central act to fix rates for admission to cinemas, similarly central government cannot, exercising its power under section 2 of union laws act, 1950 extend, punjab act containing section 7a & 7b which permits the fixation of cinema rates. this argument really amounts to saying that, by ..... to fix rates of admission must be rejected outright if' it is meant to establish that because when the original license was granted, there was no power of regulation to fix rates for admission, in the central act, no such provision like punjab act can be extended which would give such power for, as said in munn's case (supra) that 'it matters not ..... that public at large has a vital interest in the rates of admission of cinemas even if owned privately. it has been well established for centuries and never doubted that the state is authorised to establish all laws requiring each citizen to so conduct himself and so use his own property as not unnecessarily to injure another. this is very essence ..... impose taxes for purpose of implementing the municipality act was held to be a sufficient guidance for the imposition of tax, and not to suffer from excessive delegation. in union of india v. bhanamal guizarimal ltd. : [1960]2scr627 power was given to the government to make necessary order for maintaining or increasing supplies of any essential commodity and equitable distribution and .....

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Dec 26 1960 (HC)

Charan Singh Harnam Singh and anr. Vs. Gurdial Singh Harnam Singh and ...

Court : Punjab and Haryana

Reported in : AIR1961P& H301

..... to fall back on the hindu law on failing to establish the custom. we do not think that this is the correct position. section 5 of the punjab laws act, 1872, provides that in questions regarding succession, the rule of decision shall be (a) any custom applicable to the parties, (b) the personal law of the parties except in so ..... widow, by re-marrying her deceased husband's brother, is entitledto collateral succession in the family?'on march 29, 1951, harnam singh, a jat of village kalewal in tehsil kharar of ambala district,died leaving agricultural land and other immovableproperty, and was survived by his three sons charansingh, mansa singh and gurdial singh ..... is generally known in custom as the widow's estate, it must be held as a natural corollary of this that she is entitled to make accretions to the said estate as any other widow could have, and that she is for that purpose entitled to succeed collaterally in her husband' ..... this para which i have just the present case at the hearing an opportunity was given to the learned counsel for charan singh to make an application in regard to any custom, special or otherwise, on the question now under consideration and applicable to the parties in the case. the ..... of the case and no more can be read into them for no more was for decision in that case.24. at the time of making the reference was under the impression that there is a conflict of judicial opinion on the question under consideration, but on reconsideration of the cases .....

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Apr 23 1959 (SC)

Ujagar Singh Vs. Jeo

Court : Supreme Court of India

Reported in : AIR1959SC1041; [1959]Supp(2)SCR781

..... fall back on the hindu law on failing to establish the custom. 40. we do not think that this is the correct position. section 5 of the punjab laws act, 1872, provides that in questions regarding succession, the rule of decision shall be (a) any custom applicable to the parties; (b) the personal law of the parties except in ..... to show which of the two settlement records put the matter correctly. ex. p. 9 which is a settlement record of 1852 of the same village, shows that on gandhi's death his sister's son succeeded to his properties though there were collaterals. mr. achhru ram's comment was that ..... take a contrary view. some reference to the evidence may now be made. ex. p. 4, settlement record of 1852, proves that in the village sultanwind sajja singh and majja singh succeeded to the properties of nodh singh as his sister's son in the presence of collaterals. mr. achhru ram contended ..... court. 8. it is not in dispute that the parties belong to an agriculturist jat tribe and are members of the bheniwal sub-caste of village sultanwind in tehsil and district amritsar. the genealogical table on the record would show that the appellant was a ninth degree collateral of sahib singh ..... of the reversionary heirs, no matter whether the land is ancestral qua reversionary heirs or it is self acquired. there is no particular family, got or village custom of the district of amritsar.' in substance, the position taken by the appellant was that he as the agnatic relation or collateral of sahib singh .....

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Mar 09 1990 (HC)

M/S. Subbhash Chander Kamlesh Kumar Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : AIR1990P& H259; (1990)98PLR666

..... section 6. under sub-section (3) of section 6, after the declaration of the notified market area, no person can establish or continue any place for the purchase, sale, storage or processing of agricultural produce except under a licence granted in accordance with the provisions of the act, the rules and the bye-laws. the sub-rule makes ..... thus if the value of the commodity came to rs. 120/- the farmer was paid only rs. 100/-.(ii) discounted weighment.the survey revealed a system of discounted weighment, varying from 5% to 10%. thus, if a lot of wood weighed 100 kgs., the producer was paid for only 95 ..... other than the area of a municipality administered under the haryana municipal act. 1973. under section 3, a board called the haryana rural development fund administration board was constituted. it was to be a body corporate. necessary provisions for its membership, functioning and powers, and duties were made. section 4 related to officers and servants ..... it was stated that forestation has been recognised as a national necessity. in the state of punjab gradual effort has been made to increase the area under the forests during the last few decades. it rose from 1872 square k. ms. in 1965-66 to 2823 square k. ms. in 1985-86. ..... to 24. point no. 1 formulated was:'(1) big areas consisting of towns and villages have been notified as market areas without rendering any service. this is contrary to the whole object of the act and the concept of fee.'points nos. 1 to 4 were dealt with together and .....

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Dec 19 1996 (SC)

New Delhi Municipal Committee Vs. State of Punjab, Etc. Etc.

Court : Supreme Court of India

Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472

..... laws) act, 1950), the delhi municipal corporation act, 1957 and the new delhi municipal council act, 1994 (both parliamentary enactments) constitutes 'union taxation' within the meaning of article 289(1).part - iv40. the delhi municipal corporation act, 1957, the punjab municipal act, 1911 (as extended to the union territory of delhi) and the new delhi municipal council act, 1994 (n.d.m.c. act) specifically exempt the properties of the union from taxation. section ..... lead to grave practical difficulties; moreover since the effect of the directions would be to vest the executive authorities with substantial policy making powers, their issuance might well be offensive to established principles of delegation of powers.164. we shall now set out the reasons which cause us to so think; in doing so, we may have ..... , in our view, it would only be proper that their views in this behalf be obtained before visiting them with such liability. we have only the rule of caution in mind which warns that ordinarily, courts should, particularly in constitutional matters, refrain from expressing opinions on points not raised or not fully and ..... field on which parliament can also make laws. we are not impressed by the argument that such overlapping of powers would lead to a clash between the president and parliament. the union territories are centrally administered through the president acting through an administrator. in the cabinet system of government the president acts on the advice of the ministers .....

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May 23 1951 (SC)

In Re: the Delhi Laws Act, 1912, the Ajmer-merwara (Extension of Laws) ...

Court : Supreme Court of India

Reported in : [1951]2SCR747

..... under the principle of conditional legislation established in burah's case. alternatively, if section 2 of the part c states (laws) acts is for any reason outside the ambit of conditional legislation, the section may, nevertheless, be upheld as an instance of permissible delegation of legislative power on two grounds, namely, first that a power of delegation is inherent in the law-making power itself and, secondly, that this delegation ..... against the delegation of the legislative function. it is a cardinal principle of our system of government that local affairs shall be managed by local authorities, and general affairs by the central authority, and hence, while the rule is also fundamental that the power to make laws cannot be delegated, the creation of municipalities exercising local self-government has never been held to trench upon that ..... the orders and other instruments issued under the acts so extended; and whereas the validity of section 7 of the delhi laws act, 1912, and section 2 of the ajmer-merwara (extension of laws) act, 1947, and of the acts extented by virtue of the powers conferred by the said sections has been challenged in some cases pending at present before the punjab high court, the court of the judicial commissioner .....

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May 25 1960 (HC)

Amar Singh and ors. Vs. Baldev Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1960P& H666

..... case of those, in whose case custom, when proved and established, is the first rule of decision by statutory enactment, such custom obviously is their personal law. in section 5 of the punjab laws act, 1872, custom is juxtaposed with hindu or muhammadan law. it is placed statutorily on the same level as hindu or muhammadan law as the personal law of the persons, who succeed in proving that it applies ..... schedule (in this constitution referred to as the 'union list'). (2) notwithstanding anything in clause (3) parliament, and, subject to clause (1), the legislature of any state also, have power to make laws with respect to any of the matters enumerated in list iii in the seventh schedule (in this constitution referred to as the 'concurrent list'). (3) subject to clauses (1) and ..... (2), the legislature of a state has exclusive power to make laws for such state or any part thereof with respect of any of the matters enumerated in list ii in the seventh schedule (in this constitution referred to as the 'state ..... list'). (4) parliament has power to make laws with respect to any matter for any pat of the territory of india not included in a state notwithstanding that such matter is a matter enumerated in the state list .....

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Sep 12 1969 (SC)

Municipal Committee, Amritsar and ors. Vs. the State of Punjab and anr ...

Court : Supreme Court of India

Reported in : AIR1970SC2182; (1969)2SCC823; [1970]2SCR375

..... june 21. 1962. it was decided that the state government was not entitled to charge contributions from the municipal committee. on april 10, 1964 the deputy commis-sioner, amritsar. made an order in exercise of the powers vested in him under section 234(1) of the punjab municipal act requiring the appellant committee to pay an amount of rs. 53,66,146/- on account of contribution ..... memorandum dated december 12, 1958 to the effect that all local bodies 'be advised to execute the transfer notes in respect of the school buildings etc by their respective engineering establishments in favour of the superintending engineers concerned'. by means of another memorandum dated december 26, 1958 orders of the government were conveyed that immediate steps should be taken for getting ..... interest to take over their management for a period not exceeding ten years, it may after giving the local authority a reasonable opportunity for showing cause against the proposed action, make an order to take over the management:provided that in cases of emergency, where the state government is satisfied that such a course is necessary in the interests of the ..... were being run as also furniture etc which belonged to the local bodies. moreover the extraordinary step of demanding annual contribution was also taken without any sanction or authority of law. the appellant committee which is one of the biggest committees in the state seems to have resisted the attempt on the part of the government to take over the schools .....

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