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Judgment Search Results Home > Cases Phrase: the east punjab extension of limitation act 1947 Year: 1959 Page 1 of about 15 results (0.048 seconds)

May 26 1959 (HC)

Sarup Singh Sher Singh Ramgarhia Vs. Mukund Lal

Court : Punjab and Haryana

Decided on : May-26-1959

Reported in : AIR1960P& H119

..... appropriate authority, with the result that it was held to be barred by time. with respect to the applicability of s. 14 of the limitation act and extension of time under s. 10 of the workmen's compensation act, the main argument advanced by the counsel for the respondent is that there is no affidavit of the bona fides of the appellant in initially ..... any person to be a commissioner for workmen's compensation for such local area as may be specified in the notification. the punjab state government on 11th of september ..... disclosed on this record, the appellant is, in any case, entitled to extension of time under section 10 of the workmen's compensation act. before dealing with this section i may dispose of the claim for extension of period under s. 14, limitation act.under s. 20 of the workmen's compensation act, the state government is authorised by notification in the official gazette to appoint ..... all district and sessions judges in the punjab. in fact, it is not disputed before me that shri des raj was empowered both as a commissioner under the workmen's compensation act and as an authority under the payment of wages act. it is contended by mr. bhagirath das that under s. 14 of the indian limitation act his client is entitled to exclude the .....

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Dec 24 1959 (HC)

Firm Dittu Ram Eyedan and ors. Vs. Om Press Co. Ltd. and ors.

Court : Punjab and Haryana

Decided on : Dec-24-1959

Reported in : AIR1960P& H335

..... apply for setting aside the abatement, but if for some reason he cannot move the court in this respect he is entitled to extension under section 5 of the limitation act. the effect of abatement is not that a decree against a dead person is a nullity for all purposes but that the decree ..... any clue or information of their whereabouts.moreover, the revision filed by the respondents remained pending first in the high court at lahore and after 1947, in the east punjab high court for an inordinately long time. the petitioners before the high court, in that revision, who were no other than the present respondents, ..... & its predecessor the chief court of punjab. the view that has received almost uniform acceptance in punjab is that ignorance of death per se does not furnish sufficient ground for setting aside abatement after the expiry of the periods mentioned in arts. 171 and 177 of the limitation act. if a different view were to be ..... the punjab decisions and taken by the chief courts of oudh and sindh and by the high court of calcutta and the two decisions of allahabad high court, appears to be more in consonance with the correct interpretation of o.22, r. 9, c.p.c., and arts. 171 and 177 of the limitation act. ..... , 60 pun re 1911, the plea of ignorance of the death of the respondent, until after the expiry of the period of limitation, was repelled by a division bench of the punjab chief court. in that case the deceased lived only five or six miles away.(12) in bhani ram v. narain singh, air .....

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Nov 05 1959 (HC)

Munsha Singh Dhaman Singh and ors. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Nov-05-1959

Reported in : AIR1960P& H317

..... '.(12) this act repealed the punjab consolidation of holdings act, 1936, as amended in 1940 and 1945.(13) the east punjab holdings (consolidation and prevention of fragmentation) rules were made in 1949 and rule 16 which was added by punjab government notification no. 933-d-56/369, dated 3-3-1956, is reproduced below:'the area to be reserved for the common purpose of extension of abadi ..... the transfer of the ownership or right to the possession of any property to the state, the law does not relate to 'acquisition or requisition' of property and therefore the limitations placed upon the legislature under clause (2) will not apply to such law'.(71) it is indeed clear, and has not been controverted, that the land assigned for the questioned ..... was passed or in other words they are to be understood as used with reference to the subject-matter in the mind of the legislature, and limited to it.(28) the object of the consolidation act when it was passed in 1948 was simply to consolidate and prevent fragmentation of holdings. the intention of the legislature was to encourage the development of ..... regard to the object of the statute. there are cases where the language does not express the extent of the circumscription, of a field of operation of an act, but it has to be construed narrowly in order to kept the act within the limits of its object and within its real scope. in cases, where the language and the scope of the .....

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Mar 06 1959 (HC)

Tilakram Rambaksh Vs. Bank of Patiala and ors.

Court : Punjab and Haryana

Decided on : Mar-06-1959

Reported in : AIR1959P& H440

..... by attacking the very existence of the patiala recovery of state dues act and suggested that that act had ceased to be law long before the transactions between the parties took place. to appreciate this argument it is necessary to mention certain events connected with the formation of the patiala and east punjab states union.this union was formed in 1948. to evidence the ..... it would be unnecessary to immediately call a separate constituent assembly for pepsu, and, since in the original covenant the authority of the rajpramukh to make laws for pepsu was limited to a period of six months, it was felt necessary to extend that authority.on the 9th april 1949, therefore the same eight rulers of the eight states, including patiala ..... sums recoverable as arrears of land revenue. it is, in the circumstances, impossible to agree that by the extension of act i of 1890 to pepsu, the provisions of the patiala recovery of state dues act were repealed.10. it was contended next that the act under which proceedings are taken offends against article 14 of the constitution and this on two grounds:(1 ..... of cooch behar any law corresponding to any of the acts specified in section 2, other than the taxation on income (investigation commission) act, 1947 (xxx of 1947), that law shall, upon the commencement of this act, stand repealed.'the argument, therefore, is that on the application of the revenue recovery act, 1890, to pepsu, that act alone could govern the recovery of dues recoverable as arrears .....

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Nov 04 1959 (HC)

Pearl Insurance Co. Vs. Atma Ram

Court : Punjab and Haryana

Decided on : Nov-04-1959

Reported in : AIR1960P& H236

..... assistance whatsoever to the respondent as it does not apply to a case of the present kind. section 36 runs as follows:'36. extension of period of limitation--notwithstanding anything contained in the indian limitation act, 1908 (ix of 1908) or in any special or local law or in any agreement-- (a) any suit or other ..... the indian limitation act, 1908 (ix of 1908), or in the special or local law, any suit or other legal proceeding by a displaced person. (a) where such suit or other legal proceedings instituted in pursuance of section 4 and the period limitation expires or has expired on or after the 14th days of august, 1947, or ..... , and the powers conferred not being affected by the question of residence in england. in a recent decision in dewa singh v. lal singh, ilr (1958) punjab 2009: (air 1959 punj 601) bhandari c. j. and chopra j. had to consider whether a letters patent appeal lay under section 52 of pepsu ordinance ..... the bench found that the plaintiff had successfully shown that the entire goods in his shop had been looted by the muslim rioters on 7th september, 1947 and the finding of the trial court was confirmed on that point. as regards the assessment of the value of the goods the bench found no ..... a suit in february, 1949 for its recovery on the allegations that the goods lying in his shop at lahore had been looted on 7-9-1947 and that the company was liable to indemnify him for the loss. apart from other defences the company pleaded that condition no. 11 of he policies .....

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Nov 13 1959 (HC)

Khimji Poojnja and Co. Vs. N. Ramanlal and Co. and ors.

Court : Mumbai

Decided on : Nov-13-1959

Reported in : (1960)62BOMLR277

..... goods mentioned in that clause. it appears that on 25-9-1946, the central government issued the essential supplies (temporary powers) ordinance, 1946, to provide for the continuance, during a limited period, of powers to control the production, supply and distribution of and trade and commerce in, certain commodities, by virtue of the powers given to the indian legislature by the ..... principal point of controversy which has been agitated at considerble length in these appeals is whether s. 8 of the bombay forward contracts control act, 1947 (lxiv of 1947), which will hereafter be referred to as 'the bombay act', has been rendered inoperative by virtue of a notification issued by the textile commissioner on 16-7-1953 under the provisions of the central cotton ..... purchase of any goods declared by this act to be essential for the life of the community shall have efvfect unless it has been reserved for the consideration of the president and has received his assent. one of the points that the supreme court had to decide was whether the ordinance of the patiala and east punjab states ran counter to clause (3 ..... of 1950) from 1-4-1951 to 31-12-1952. there was a further extension of the life of this act under the essential supplies (temporary powers) amendment act (lxv of 1952), which extended the life of the original act from 31-12-1952 to 261-1955. that is how, and there is no dispute about this, that when the suit contracts were entered .....

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May 14 1959 (SC)

S. Gangoli Vs. the State of Uttar Pradesh

Court : Supreme Court of India

Decided on : May-14-1959

Reported in : AIR1959SC1310; 1959CriLJ1497a; [1960]1SCR290

..... of 1947) (hereinafter called the act) that is the short question which arises for our decision in the present appeal. that question arises in this way. 2. chaudhri had been posted as assistant permanent way inspector, sultanpur, east indian railway, in march, 1948, in the lucknow e.i.r. division. gangoli was posted as assistant pay clerk in the lucknow e.i.r ..... result of this provision was to treat railway servants as public servants even though they did not satisfy the requirements of the definition of s. 21. having provided for the extension of the said definition to railway servants for the purposes of ch. ix of the code, sub-s. (4) prescribed that notwithstanding anything contained in s. 21 of the indian ..... of the matter. 12. we must now refer to the decisions to which our attention was invited. the first case on which mr. anand relied is the decision of the punjab high court in devi ram deep chand v. the state a.i.r. 1954 punj. 189. in that case the accused were goods clerks employed by the railway and they ..... the purpose of ch. ix of the indian penal code but now as the result of the amendment all railway servants have become public servants not only for the limited purpose but generally under the prevention of corruption act.' with respect, it may be pointed out, that this observation seems to give to the amended provisions of s. 137 of the railways .....

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Sep 04 1959 (HC)

N. Ayyanna Setty and Sons and ors. Vs. State of Mysore

Court : Karnataka

Decided on : Sep-04-1959

Reported in : [1961]12STC731(Kar)

..... be defeated by an appeal to that section and further they were held to be governed by article 62 of the first schedule of the indian limitation act. the learned counsel on behalf of the appellants in the regular appeals contends that although his suits were filed after the 15th of may, 1951 ..... of the madras high court reported in state of madras v. abdul khader : air1953mad905 , and held that suits are governed by article 62 of the limitation act. on the question of maintainability of the suits, although he recorded a clear finding on the relevant issues in the various suits that the suits were ..... 18-a are maintainable. it must further be held that the latter two suits are governed by article 62 of the first schedule of the indian limitation act. 31. in view of our finding that the suits out of which the regular appeals arise were not maintainable, it is unnecessary to examine the ..... the bar under section 18-a cannot prevail in view of the decision of the supreme court of india reported in state of tripura v. province of east bengal : [1951]19itr132(sc) . but, the injunction sought in that case was one to restrain the assessing authority from proceeding with an assessment before ..... . 50), already referred to by us, and commissioner of income-tax, punjab v. tribune trust lahore ([1948] 16 i.t.r. 214; i.l.r. 1947 lah. 809). in the former case after reviewing the provisions contained in the income-tax act and holding that an effective and appropriate machinery is provided therein for the .....

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Aug 10 1959 (HC)

Radheshyam Makhanlal Vs. the Union of India and ors.

Court : Mumbai

Decided on : Aug-10-1959

Reported in : (1960)62BOMLR11

..... state and their original assessments were made by the income-tax authorities of that state. mukherjea, j., (later chief justice of india) reiterated the view expressed in the observations of patanjali sastri c. j. in the case of the election commission relating to the limitation on powers of ..... unitary state with subsidiary federal features and which is a compromise between rival constitutional doctrines. even so there is dual government now the executive power the union is co-extensive with the legislative power of the union parliament and extends over the whole of the territory of india in respect of matters enumerated in lists i and iii of the ..... ) , it was held by the supreme court that the punjab high court had jurisdiction to issue a writ under article 226 of the constitution to the income-tax investigation commission located in delhi and investigating the case of the petitioner under section 5 of the taxation on income (investigation commission) act, 1947, although the petitioners were assessees within the u. p. ..... .': this view was approved of in k. s. rashid and son v. income-tax investigation commission : [1954]25itr167(sc) in dealing with the question about the jurisdiction of the punjab high court to issue a writ against the income-tax investigation commission located in delhi. the same view was affirmed also in tangle kunju musaliar v. venkitachalam potti : [1956]29itr349 .....

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Jan 06 1959 (HC)

Firm Kaura Mal Bishan Dass Vs. Firm Mathra Dass Atma Ram, Ahmedabad an ...

Court : Punjab and Haryana

Decided on : Jan-06-1959

Reported in : AIR1959P& H646

..... which the appeal has been dismissed by the lower appellate court is that the plaintiffs had not' made any formal application for an extension of time under section 5, limitation act, and that, therefore, their appeal against hakim shyam sunder lal was beyond time. in our opinion the court below has erred ..... the mere fact that no formal application under section 5 of the indian limitation act had been presented does not and should not operate as an absolute bar to the lower appellate court itself considering the question of extension of time. the entire material was on the record and no new facts ..... to the learned district judge, there was sufficient ground for the learned additional district judge to extend the period under section 5 of the indian limitation act. the counsel submits that the memorandum of appeal was refiled in the court of the district judge without any undue delay after its return by ..... held the appeal to be barred by time.it has been observed by him that no formal application under section 5 of the indian limitation act duly supported by an affidavit explaining the circumstances in which the memorandum of appeal had been presented by the counsel for the appellant or ..... respondent pleaded that it was carrying on business as pucca arhtia at ahmedadad; that its dealings with the plaintiff started on 20-2-1947; that it did not act as commission agents for the plaintiff, all the transactions being as principal to principal; and that the relationship between the parties being .....

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