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Judgment Search Results Home > Cases Phrase: punjab laws act 1872 section 4 enactments repealed Page 1 of about 99,486 results (1.841 seconds)

Jun 01 1953 (HC)

Uttam Singh Vs. Kartar Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1954P& H55

..... vast majority of the people are governed by the agnatic theory of succession. in this connection section 5, punjab laws act. 1872 and the provisions of punjab act 2 of 1920 may be seen. 22. section 6 of punjab act 2 of 1920 enacts that a person who is descended from the great-great-grandfather of the person making an alienation of ancestral immovable property or making an appointment of heir ..... was replaced by the punjab laws act (act 4 of 1872) and it was amended in 1878. these various sections of the punjab laws act continued in force till 1905 when the first punjab pre-emption act was enacted and sections 11 to 15 dealt with the right of pre-emption. this act was repeal-ed by the punjab pre-emption act 1 of 1913 where the right of pre-emption was defined in section 4 as follows: 'the right ..... the repeal of the punjab alienation of land act, 1900, by the adaptation of laws (third amendment) order, 1951, does not render the provisions of sections other than sections 3(4), 14,23. 24, 29 & the concluding clause of section 9 of the act to be void. in the punjab laws act, 1872 there were no provisions corresponding to sections 3(4), 14, 23,24, 29 and the concluding clause of section 9 of the act. sections 3(4 .....

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Nov 20 1990 (SC)

Darshan Singh Vs. Ram Pal Singh and Another

Court : Supreme Court of India

Reported in : AIR1991SC1654; JT1990(4)SC561; 1990(2)SCALE1114; 1992Supp(1)SCC191; [1990]Supp3SCR212

..... to declare which of the said rules, laws and regulations shall henceforth be in force in punjab, and 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 ..... 1973 stood as follows:6. limitation on the 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 is contrary ..... 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 the indian councils act, 1861; and whereas it is expedient .....

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Feb 20 1962 (SC)

Amarsarjit Singh Vs. the State of Punjab

Court : Supreme Court of India

Reported in : AIR1962SC1305; [1962]Supp3SCR346

..... the further.' jagir is defined in s. 2 in terms substantially the same as under the present act. this act repeals ss. 8 to 8c of the punjab laws act, 1872, which were inserted by the punjab descent of jagirs act iv of 1900, and reproduces them in ss. 7 to 10. section 7(1)(b) provides for the acceptance by the jagirdars of the rules of descent framed by the ..... successors to the deceased jagirdars by the provincial government on certain conditions specified therein. we have then the punjab jagirs act v of 1941 dealing ..... for the jagir lands are also made. this shows that in exercising fiscal jurisdiction, the british government considered itself as acting in its sovereign capacity. then there is punjab descent of jagirs act, 1900 (punjab act iv of 1900), which introduced in the punjab laws act, 1872, ss. 8 to 8c enacting rule of descent 'in respect of succession to any assignment of land revenue' and providing for the recognition of .....

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Feb 27 2008 (HC)

Mihan and anr. Vs. Inder and anr.

Court : Punjab and Haryana

Reported in : AIR2008P& H200; (2008)151PLR354; AIR2008P&H200; 2008(6)AIRKarR68(FB)

..... heir made by a family. it would be apposite to read sections 6 and 7, enacted by act no. 2 of 1920, which are as follows:6. limitation on the 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 ..... about a uniform code of succession amongst hindus irrespective of the fact whether they were previously governed by hindu law or custom, and to that extent both hindu law and customary law stood modified or repealed by virtue of the overriding effect of section 4 of the succession act.(b) the estate held by a male proprietor and the limitation on his power of alienation were in ..... uniform code of succession amongst hindus irrespective of the fact whether they were previously governed by hindu law or customary law and to that extent both hindu law and customary law stood modified or repealed, as has been declared by section 4 of the succession act. it noticed section 14 of the succession act, which enlarged the estate of a female in the property acquired by her or inherited by .....

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Feb 01 1982 (HC)

Kalwa Vs. Vasakha Singh and anr.

Court : Punjab and Haryana

Reported in : AIR1982P& H480

..... the agnatic rule of succession.16. adverting now to the legislative history of the pre-emption law within this jurisdiction, it suffices to mention that the rules relating thereto were first enacted in the punjab civil code of 1854. this was later replaced by the punjab laws act (act no. 4 of 1872) which in turn was amended in 1878. with regard to these provisions it suffices to notice ..... the preceding sub-section and in fact overrides the same. what deserves particular highlighting in this context is the fact that the very concept of the right of pre-emption has now been abolished within the state of punjab. the punjab pre-emption act stands wholly repealed and wiped of the statute book by act no. 11 of 1973. as yet the pre-emption law remains in ..... effect of abrogating or repealing or in any way modifying the other provisions of the enacting clause. its application must be restricted only to those matters governed by it regarding which the general provisions of the statute also cover the field. if these tests are applied to the case in hand to section 15 of the act, it becomes clear that section 15(2) of ..... terms might be construed to impose upon the borrowers a liability exceeding the limits contemplated by that section. the form of the words used may be regarded merely as a convenient method of repealing inconsistent provisions of such statutes as the interest act or the contract act without making any express reference thereto.'29. the final court is equally emphatic and on the high .....

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Jun 02 1975 (HC)

Balia and anr. Vs. Kanshi Ram and ors.

Court : Himachal Pradesh

..... 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 act or was modified by any custom. the ..... learned counsel submitted that neither any provision of that act was pointed out nor any custom was pleaded contrary to the provision regarding adoption enumerated in hindu law and therefore the ceremony of giving and taking was essential to prove adoption. section 5 of the punjab laws act, 1872 was ..... the present second appeal by balia and others and cross objections by kanshi ram and others.4. as regards the question of adoption, the learned counsel for the plaintiff-appellants submitted that a presumption arose under law that in the matter of adoption the provisions of hindu law were applicable. the argument proceeded, that no evidence was forthcoming for the ceremony of giving .....

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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)

..... questions regarding succession and certain other matters, the law in the punjab is contained in section 5 of the punjab laws act, no. iv of 1872. clause (b) of that section provides that the rule of decision in such matters shall be the hindu law where the parties are hindus, except in so far as such law has been altered or abolished by legislative enactment, or is opposed to the provisions of ..... paras. nos. 236 and 242 of mulla's hindu law, 1966 edition. 28. the hindu succession act, 1956, which came, into force with effect from june 17, 1956, has now codified the law of intestate succession among hindus. it has brought fundamental and radical changes in the law of succession. it has repealed all previous law relating to intestate succession whether textual, customary or statutory. the ..... act lays down a uniform and comprehensive system of inheritance and applies, inter alia, to persons governed .....

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Dec 20 1982 (HC)

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

Court : Delhi

Reported in : ILR1983Delhi691

..... not to the executive agency like the administrator. the position that emerges in law is that whether the parliament itself had passed an act like punjab act and made applicable to union territory of delhi or whether the central government by virtue of section 2 of the union territories laws act has extended an enactment like punjab act to the union territory of delhi, both of them would owe their ..... power of suspension can be exercised for violation of 7a, 7b by invoking rule 8. re. proposition no. 4. (9) the argument' is that section 2 of 1950 act when it permits the extension of an enactment necessarily implies the extension of the whole enactment and not part of it. this argument is raised because as is clear from the notification of 21-11-1980 ..... which it is impossible now to question so far as the past is concerned i bow to its wisdom.' now the extension of the punjab act does not say anywhere that any provision of the central act is being repealed or amended. all that is being done is to give additional powers to the administrator to fix rates for the admission to cinemas which ..... unreasonably affect the purchaser and the decision should be permeated with public interest. in harishankar bagla's case (1954 sc 465) virus of the cotton textiles (control of movement') order 4 was challenged on the ground of violation of article 14. this challenge was rejected with the words, 'the policy underlying the order is to regulate the transport of cotton textiles .....

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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

..... rule of decision shall be (a) any custom applicable to the parties, (b) the personal law of the parties except in so far as modified by custom or legislation. in ..... in the plaint on the basis of hindu law but on the contrary relied on custom, it was not open to her 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 ..... upon him to prove the custom which he seeks to apply. if he fails to do so clause (b) of section 5 of punjab laws act applies and the rule of decision must be the personal law of the parties subject to other provisions of the clause.' as we have earlier said this observation was approved by the ..... her first husband's brother and claiming a right of collateral succession. this case does not take us anywhere beyond the one reported in 117 pun re 1888. (iv) 46 pun re 1891 : in this case one r. s. a sandhu jat (hindu) of the chunian tahsil lahore district, died 14 years before suit, ..... a widow of his predeceased son. gurdial singh, the brother of these two respondents, sided with mohinder kaur and did not contest the suit.4. the teamed trial judge on marehl 29, 1954, came to the conclusion that, though karewa by actual ceremony has not been proved, mohinder .....

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Apr 23 1959 (SC)

Ujagar Singh Vs. Jeo

Court : Supreme Court of India

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

..... on the contrary relied on custom, it was not open to her to 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 ..... of collaterals. mr. achhru ram contended that the statement in ex. p. 4, that sajja singh and majja singh were the sister's sons of nodh singh was wrong for, in ex. p. 5, the settlement records of 1891 and 1892, they were ..... the evidence led by the respondent, and found it acceptable. we have no reason to 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 ..... but on appeal by the appellant, the collector of amritsar directed the name of the respondent to be removed and the appellant's name to be entered in its place. 4. on june 11, 1945, the respondent filed a suit against the appellant asking for a declaration that she was the owner of the lands. in paragraph 3 of the plaint .....

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