Court : Punjab and Haryana
Decided on : Feb-04-1960
Reported in : AIR1961P& H175
..... of limitation in order to find the period, which was available to the creditor for filing the suit in question. section 26 of the punjab relief of indebtedness act (no. vii of 1934) expressly provides for this and is in these terms:-- '26. the time spent in proceedings before a conciliation ..... . the learned counsel for the appellant relied on subbaramayya v. iragam reddi, air 1939 mad 300, abdul latif v. jawhar state, air 1940 bom 172, municipal committee amritsar v. ralia ram, air 1936 lah 629, mt. diwanni widyawati v. ramji das and co., air 1939 lah 216, lekshmi amma janaki amma v ..... instituting the present suit must be reckoned as the period of three years allowed by the limitation act plus the period during which the application for the conciliation of the debt remained pending before the debt conciliation board. the acknowledgment in question was ..... on the 27th of june, 1953 when the acknowledgment in question was made in his favour. under the provisions of section 19 of the limitation act, an acknowledgment must be made 'before the expiration of the period prescribed for a suit.' the period of limitation available to the plaintiff for ..... acknowledgement of liability, should the balance turn out to be against the person making it, is a sufficient acknowledgement under section 19 of the limitation act (xv of 1877) and there is no distinction in this respect between the english and the indian law.'13. it is true that the various .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-27-1960
Reported in : AIR1961P& H18; 1961CriLJ146
..... enough to inspect the body of sukhdevraj.' on 21st june 1959 shri kewal krishan, elder brother of sukhdev raj, who was employed as secretary, municipal committee, adampur, came to amritsar in the morning and on learning of the arrest of sukhdev raj on 22nd june 1959 he presented an application to ..... end that means appropriate for the preservation and enforcement of the constitution may be secured. an obstruction to the performance of judicial duty resulting from an act done in the presence of the court, is, then, the characteristic upon which the power to punish for contempt must rest. this being true ..... the fact that perjury is also a substantive crime under the indian penal code does not prevent conviction for a contempt, under the contempt of courts act. the essential element which makes perjury punishable as a contempt, is an element of obstruction to the court, which was definitely present in this ..... thus made were calculated to embarrass, and obstruct the court in the administration of justice, and in attaining that object, the respondent was successful. the act of| the respondent, not only amounted to perjury, but|there was also present, the element of obstruction to court in the performance of its duties. ..... on 19th and 20th june 1959. about this allegation the proof on the record is scanty. in any case, howsoever grave and reprehensible such an act might be, it cannot be said to be contempt of court. i, therefore, discharge the rule against respondent s. joginder singh.10. as to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-24-1960
Reported in : AIR1960P& H602
..... of the constitution on the same facts and the same cause of action are concerned, the rule of res judicata has been applied in radhashyam v. patna municipality, air 1956 pat 182. also see in this connection, the decision of the supreme court in godavari parulekar v. state of bombay air 1953 sc 52 ..... granted by the supreme court, but later on when the petition was opposed by the opposite party, the stay was refused and the proceedings under the act were allowed to go on. it is not known what fate the petition in the supreme court has met. the petition in the supreme court is c ..... -debtor in the court of sub-judge 1st class, kapurthala, challenging the order of the registrar, co-operative societies, and his jurisdiction to proceed under the act. this suit failed, and an appeal and a second appeal against that decision also failed. thereafter, the petitioner raised objection before the collector that the amount ..... decision has become final as no appeal against it was preferred.(3) in the year 1951, the registrar, co-operative societies, issued a certificate under the act for recovery of rs. 7,384/-, principal and interest. in pursuance of this certificate the property of the debtor was put to auction. this led to ..... due from him be recovered from the sale proceeds of the house. on 23-9-1946, the society gave an award under the co-operative societies act, 1912. the execution was levied in the civil court on the basis of this award. this led to a suit by the petitioner for permanent injunction .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-09-1960
Reported in : AIR1960P& H549
..... on 14th of february, 1949 which they would, normally speaking, have paid if they had purchased the binolas and taken them into the limits of the municipal committee. the trial court has given very good reasons for disallowing this item and the appellants have not been able to dislodge this finding. reference to exhibit ..... be performed; in other case it is by implication of law that the time is determined. but in either case time cannot be extended by the unilateral act of a party. in the first case, when the fixed time has expired there would be a breach; in the latter case, when the reasonable ..... case.section 35 of the said act, however, does provide that apart from any express contract, the seller of goods is not bound to deliver them until the buyer applies for delivery. the ..... the plaintiffs who have instituted the present suit. while developing his argument, the counsel also referred to sections 45 and 46 of the indian sale of goods act which deal with the subject of 'rights of unpaid seller against the goods'. in my opinion, however, these sections are of no relevancy in the present ..... to move their little finger for three years and nine months. the counsel has also placed reliance on section 56 of the indian sale of goods act which is in the following terms:'56. where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-15-1960
Reported in : AIR1961P& H464
..... to accept the respective bids of the petitioners with regard to the properties in question. 2. the brief facts of this case are that there is a large building in municipal ward no. xiv, mohalla chimni mill, bara hindu rao, delhi, comprising of eight units hearing house-tax no. 8184 to 8196. this building has been declared an evacuee property ..... the displaced persons (compensation andrehabilitation) act, 1954, did not empower thecentral government for interfering with auctionsales. i find the petition without merit and it is,therefore, dismissed. in the circumstances of thecase there will, however, ..... that different parts of thebuilding, into which it has been apportioned, do notallow independent access. moreover it was a matter within the exclusive jurisdiction of the authorities under the act and is not open for examination by this court. the impugned order cannot,therefore, be successfully questioned on the groundthat either it was without jurisdiction or that section 33 of ..... commissioner, shri i. n. chib, on 16th of january, 1958. the appeals were dismissed. these three unsuccessful appellants filed a petition to the government under section 33 of the act and without having implicated the present petitioner an ex parte order was passed in their favour on 19th of march, 1958, by respondent no. 1. the purport of the order .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-20-1960
Reported in : AIR1960Guj19
..... harkor and that some of the loans were granted in contravention of the relevant rules of the institution runs by the municipality. acting on these allegations, the collector of baroda decided to issue a notice against respondent no. 1 to show cause why he should not be disqualified ..... by the decision of the collector and he concedes that that expression will include the petitioner, he concedes that if an order favourable to the municipal councilor had been made in the present proceedings by the collector, the petitioner would have a right of preferring an appeal to the state government ..... proceedings inter parties; that those proceedings are initiated before the collector not to vindicate any private or individual right, but to ensure the purity of municipal administration and that if any order happens to be passed in such proceedings, the ordinary citizen, even though he may be a voter is ..... that it had violated a fundamental principle of natural justice. respondent no. 1, manilal purushottam solanki, is a councilor of the baroda borough municipality, (hereafter called the municipality). petitioner is a resident of baroda and lames to be a voter in the ward from which respondent no. 1 has been elected as a ..... the rule of natural justice does not apply at the stage of appeal proceedings. this question arose for decision in board of education v. rice, 1911 ac 179. lord lore burn in delivering the judgment laid down that, 'in disposing of a question which was the subject of an appeal to .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-19-1960
Reported in : AIR1961Bom242; (1961)63BOMLR559; 31CompCas324(Bom); ILR1961Bom508
..... 5. it is, however, urged by the learned special government pleader on behalf of the state and by mr. saranjame on behalf of the municipal corporation, that the protection against testimonial compulsion, which is available under article 20(3) of the constitution to natural individuals, is not available to ..... some of them under section 420, indian penal code. 2. on 18-12-1959 the municipal corporation filed a list of witnesses to whom summonses were to be issued and the ..... it was observed in the course of the judgment in that case: 'the reason underlying the restriction of this constitutional privilege to natural individuals acting in their own private capacity is clear. the scope and nature of the economic activities of incorporated and unincorporated organizations and their representatives demand that ..... accused, but the documents which they are asked to produce belong to the company which is the accused. under section 131 of the evidence act the company can object to its own employees producing its documents in court without its consent, if the company itself cannot be compelled to ..... filed by the nagpur municipal corporation against the nagpur electric light and power company, limited, hereafter referred to as the company, for alleged evasion of octroi dues. in alt the cases the company is accused of offences under section 152 of the city of nagpur corporation act, 1948, and in .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-06-1960
Reported in : AIR1961Bom167; (1960)62BOMLR880; ILR1960Bom941
..... the united states, volume i, second edition, page 21 quoted from frothingham v. mellon (1923) 262 us 447:'the interest of a taxpayer of a municipality in the application of its moneys is direct and immediate and the remedy by injunction to prevent their mis-use is not inappropriate ... the reasons which ..... the spending of municipal funds by the bombay corporation contrary to the provisions of the city of bombay municipal corpora-lion act. in that case the learned chief justice followed an irish decision, the queen v. drury, (1894) ..... though no rule was formally issued in this case, has drawn our attention to the decision of the supreme court in ram jawaya v. state of punjab, : 2scr225 in which the question was whether in the absence of any statute permitting the government to do so it was open to the ..... expenditure of public monies by government. in this connection, our attention was invited by mr. phadke to the decision of this court in municipal corporation, bombay v. govind laxman, air 1949 bom 229 in which a division bench of this court allowed a rate payer or bombay to challenge ..... , restraining a public authority from misspending public funds. a distinction must however be drawn between the powers of a municipal corporation and the powers of the government of a state. the municipal funds vest in the corporation as trustees on behalf of the public and they are by statute required to expend .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-03-1960
Reported in : AIR1960SC655; 2SCR896
..... not be evicted therefrom except in accordance with the provisions of this section, or in pursuance of an order made under s. 13 of the punjab urban rent restriction act, 1947 as subsequently amended. section 13, sub-s. (2) provides for an application in to be made by a landlord who seeks to ..... about the rebuilding of the shop the appellate court observed that respondent 1 had got the plan approved and had also got the sanction from the municipal committee to reconstruct the building so as to be able to make a ground for getting the appellant ejected from the shop. 3. this appellate ..... present proceedings for his personal use and that respondent 1 wanted to reconstruct the shop for which necessary sanction had been obtained by him from the municipal committee of gurgaon and the plan prepared in that behalf had been duly approved. this claim was resisted by the appellant who disputed the correctness and ..... , and soon thereafter he applied to the rent controller for the eviction of the appellant under s. 13 of the east punjab urban rent restriction act, 1949 (3 of 1949) (hereinafter called the act). this application was based on four grounds. it was urged that the appellant was a habitual defaulter and was in arrears ..... s. 13(3)(a)(iii) was bona fide. soon after he purchased the house he decided to reconstruct the building, moved the municipality with his plan and obtained its sanction. it is difficult to understand how on these facts it would be permissible to hold that the landlord is .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-27-1960
Reported in : AIR1960Guj34; 1960CriLJ1582; (1960)GLR119
..... appointed him by name. the prosecution relied merely on the fact that shri bhatt had been appointed by the sanitary committee of the surat borough municipality, as acting officer-in-charge of their public health laboratory. shri s. s. bhatt cannot, therefore, he regarded as public analyst, and the certificate given ..... sessions judge also observed that the stage government had not delegated the power of appointing public analyst to the sanitary committee of the surat borough municipality, and he therefore came to the conclusion that the report ex. 5 of the public analyst could not be considered in evidence. as regards ..... appointing shri bhatt as officer-in-charge of public health laboratory was made by the sanitary committee of the surat municipality and not by the state government. section 8 of the act requires that public analysts should be appointed by the state government. the state government has not delegated its powers ..... as public analyst. in this case, the state government has appointed the officer-in-charge of the public health laboratory surat borough municipality, without specifying the name of the officer in charge. no provision has been pointed out, which requires that the officer-in-charge of public ..... appendix. appendix b to the rules prescribes that buffalo milk shall contain not less than 5.0 per cent of milk fat except in delhi, punjab, peeps, uttar pradesh, bihar, west bengal, assam, bombay and saurashtra where it shall be not less than 6 per cent. the milk solids .....Tag this Judgment!