Court : Andhra Pradesh
Reported in : AIR1955AP85
..... laid down that the rent controller and the district judge exercising jurisdiction under the east punjab urban rent restriction act are not courts. but he contended that the power of transfer is implicit in the power of superintendence given to the high court over all courts and tribunals throughout the territories in relation to which it exercise jurisdiction.he relied upon two ..... v. state of hyderabad (b)' the high court had to deal with applications for transfer by the accused, who were being prosecuted with 10 others in the court of the special tribunal no. iv, hyderabad, for offences of criminal conspiracy, promoting class hatred, robbery, 'dacoity etc. the applications were filed under s. 495, hyderabad criminal procedure code corresponding to s. 526 of ..... in support of their appoications for transfer. the full bench of the hyderabad high court held that art. 227 of the constitution is applicable to the court of the special tribunal and the powers of superintendence conferred on the high court are sufficiently wide to include the principles laid down in s. 494, hyderabad criminal procedure code and to empower them to ..... in -- 'mohamed baquar v. state of hyderabad (c)', a bench of the hyderabad high court was dealing with an application for transfer of a case before the special judge at warrangal constituted under the special judges regulation. on behalf of the state of hyderabad an objection was raised that the high court had no jurisdiction to transfer cases triable by the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1961SC156; 1SCR259
..... seth.4. crown v. madanlal the highdalmia, lakshmi court ofchand jain, ranglal, eastkishan saxena, punjab.ranchor das bagri,ganga das mohta ram gopaldaga, and balabh das.third special all cases the hightribunal, court oflahore. eastpunjab.43. under art. 3 of the order proceedings were to continue in the respective special tribunals but appeals therefrom lay to different high courts set out in the schedule thereto ..... , - (1) all proceedings pending immediately before the appointed day in any of the special tribunals specified in column 1 of the schedule to this order shall be continued in that tribunal as if the said act had not been passed, and that tribunal shall continue to have for the purposes of the said proceedings all the jurisdiction and powers which it had immediately before the ..... in accordance with law'. 45. respondent also relied on the fact that by unilateral action pakistan had by statute made the decrees of indian courts including east punjab ineffective in west punjab and that an indian act had made similar provision as to decrees against the government. this is hardly indicative of the true meaning of art. 4 but if it can afford ..... appointed day. incidentally, we may point out that as a result of the combined operation of order g.g.o. 3 made on february 25, 1948, and the provisions of the federal court (jurisdiction enlargement) act, 1 of 1950, the federal court must be deemed to have come into existence and must be deemed to have had powers to entertain appeals .....Tag this Judgment!
Court : Jammu and Kashmir
Reported in : 2003(3)JKJ82
..... respect to my learned brother sharma, j. who decided the revision as member of the special tribunal, i am unable to persuade myself to the view that east punjab evacuees act is not in para-materia with the provisions of section 30 and 30-a of the state act because other previsions with regard to the exercise of revisional jurisdiction alone will determine the question ..... the meanwhile died. the petitioners challenged the order of the custodian general before the special tribunal in revision under section 30-a of the evacuees act. 3. special tribunal dismissed the revision petition relegating the petitioners to the remedy of appeal under section 30 of evacuee act. specific finding returned by the tribunal on the question of maintainability of revision is as follows: .'the right to ..... 27 can be exercised without relegating the aggrieved parties to the remedy of appeal, the issued in no longer res-integra as section 30-a of state act is identical to section 27 of the east punjab act. 7. mr. salaria, however, argued that revision is not maintainable. in support of this, he placed reliance on the following judgments: 1. ray nicholas ..... file appeal against this order and, therefore, the question whether revision under section 30-a is maintainable- this section is in para-materia with section 27 of the east punjab evacuees (administration of property) act, 1947 which is reproduced below: '27. (1) the custodian general may at any time, either on his own motion or on application made to him in .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1950P& H162; 1950CriLJ599
..... 1949 have not been complied with} and (3) that the provisions of section 3 (4) of the act bad not been complied with and in faot the east punjab government had not even set up the advisory tribunal which under this sub-section was required to do so.2. as regards the question of mala fides, ..... non-compliance of the provincial government with the provisions of sub-section (4) of section 8 which reads :no person shall, unless the provincial government by special order otherwise directs, be detained in custody or a period exceeding one month. the provincial government shall &a; soon as may be and ordinarily dot ..... leaves a loophole in the case of delay in. such a reference, the word must be taken in this context to mean in the absence of special reasons or not making a reference within two months. no particulars of any such reasons are given in the affidavit, and they may therefore be assumed ..... in sub-section u) has been properly constituted, and that hia case was not referred to the tribunal which does exist within two months of his arreat and detection without the existence of any special reasons for not referring it within the specified period.6. the other ground on which it was contended ..... rendered the detention of the detenu illegal. it is, however, contended by mr. salooja on behalf of the crown that the provisions of 8. 3 (5), east punjab act, 1949, differ materially and are not nearly so strict. in the first place, instead of the- word 'shall' in the first sentence the word 'may' .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1972P& H83
..... trial court; and (vi) where relief against forfeiture is claimed by a tenant either expressly or by implication before a court of the first instance or before a special tribunal, and the court or the tribunal does not at all deal with the matter and neither states that it has no jurisdiction to grant such relief nor grants the relief, such court or ..... , kaithal, district karnal, determining the leases of the respective parcels of land of which possession had been taken by the collector under section 3 of the east punjab utilization of lands act (38 of 1949) (hereinafter called the act), and which land had therefore been leased out to different persons for a period of twenty years. the first group is comprised of 57 petitions ..... by the tenants without any objection having been raised by the collector. on the side of the state it was submitted that rent could not be refused when the lessees continued in possession, and that though the collector did not say so at the time of accepting the rent, we should hold that it was accepted as compensation for use and ..... of justice is to presume that the legislature enacts prospectively and not retrospectively. in venugopala reddiar v. krishnaswami reddiar, air 1943 fc 24, it was held that a right to continue a duly instituted suit is in the nature of a vested right and it cannot be taken away except by a clear indication of intention to that effect.two questions .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : AIR1978HP2
..... the civil court even to try the matters regarding which the decision of the special tribunal is made final. in ambala bus syndicate v. indra motors kurali reported in (1968) 70 pun lr 960 a division bench of the punjab high court considered the provisions of east punjab urban rent restriction act, 1949 and the effect of section 15 which made the decision of the rent ..... and the east punjab urban rent restriction act, 1949 as amended from time to time in its application to the areas added to himachal pradesh under section 5 of the punjab reorganisation act, 1966 are hereby repealed.(2) notwithstanding such repeal, all suits and other proceedings under the said acts pending, at the commencement of this act, before any court or other authority shall be continued and ..... evictionagainst widows, minor sons or unmarried daughters of any tenant and all suchsuits and proceedings shall be disposedof in accordance with the provisions ofthis act:provided further that the provisions for appeal under the said acts shall continue in force in respect of suits and proceedings disposed of thereunder: provided further that notwithstanding the provisions of section 14, all orders of ejectment ..... of pratap khalsa hotel. this rent note was for a fixed period of one year i. e. up to the end of march 1948. even after the expiry of the period stipulated by this rent note kartar singh continued to occupy the premises. then on 11-6-1954 he executed yet another rent note in favour of the plaintiffs as found at .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1950SC211; 1SCR519
..... and the circumstances under which the restrictive orders could be made. the object of east punjab public safety act is to provide for special measures to ensure public safety and maintenance of public order. under section 4(1)(c) of the act, the provincial government or the district magistrate may make an order directing the ..... initial orders on their own satisfaction in cases of this description, the position would certainly be different if the order thus made is allowed to continue for any indefinite period of time without giving the aggrieved person an opportunity to say what he has got to say against the order. i ..... investigation by a regular court but it is necessary that the aggrieved person should be given a fair hearing and that by an impartial tribunal. the provision of the impugned act which has bearing on this point is contained in sub-section (6) of section 4 and it runs as follows : 'when ..... is to be in force for more than three months, he shall have a right of making a representation which shall be referred to the advisory tribunal, constituted under section 3, sub-section (4).' 28. it will be noted that the first part of the sub-section makes it entirely optional ..... the liberty of a subject at the mercy of an executive officer, however high placed he might be and whose action cannot be reviewed by a judicial tribunal, is an arbitrary and not a reasonable exercise of legislative powers. the contention requires careful examination. 26. it is not disputed that under clause ( .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1957Cal103,60CWN289
..... in certain special tribunals which 'are described in the schedule of that order. we are not concerned with them. paragraph 4 of the order refers to all proceedings pending immediately before the appointed day in any civil or criminal court other than a high court in the province of bengal, punjab or assam, and the provision is that such proceedings shall be continued in ..... reference occurs in a title or preamble or any citation or description of an act, ordinance or regulation and except where the context otherwise requires, be replaced by references to 'all the provinces of india', to 'west bengal' and to 'east punjab', respectively'. by the adaptation of bengal and punjab acts order, 1948 which was also an order passed by the governor general under the powers ..... conferred on him under section 9 (1) of the indian independence act, it was similarly provided in paragraph 3 (2) of that order that wherever the ..... whole of west bengal only. it is true that with corresponding adaptation, the bengal agricultural debtors act, 1935 was also made the law in east bengal which is 'a part of pakistan, but the courts of india are to be guided by the bengal agricultural debtors act, 1935 as to india because that is the existing law of india and the courts of .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1991)99PLR536
..... .8 the supreme court in om parkash gupta v. rattan singh, 1964 (1) s.c.r. 259, in a case under the delhi rent control act observed as under :-'under the rent control law, the special tribunal has to proceed on the basis of relationship of landlord and tenant existing between the parties but a mere denial by the tenant of the tenancy ..... account of an illegal order passed by the rent controller purporting to finally disposing of an application filed by the landlady under section 13 of the east punjab urban rent restriction act (hereinafter referred to as the 'act') as applicable in chandigarh as far back as august 28, 1986. vide this order, ejectment of the tenant shivcharan kaur was ordered from house no. 3055 ..... arrears of rent have already accured during pendency of revision petition and the interest of the landlady in that respect should be secured as the tenant smt. shivcharan kaur had continued to remain in possession along with her husband sh. b. s. bhullar in the house in dispute. it is in these peculiar circumstances that the direction is given that operation ..... that the exercising of further enquiry could be undertaken only after doubting the plea of the appellant with regard to the extinction of her tenancy and treating her tenancy as continuing. thus, the appeal was dismissed.11. the approach of the appellate authority is net correct. simply by taking a plea by the tenant that the tenancy had ended by a .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1953SC441
..... section 490. he failed in the first court and failed in revision both before the 2nd additional sessions judge at delhi and in the high court of east punjab at simla. he has appealed here.5. we are of opinion that the lower courts and the high court are right. confining our remarks to applications under ..... above and it was contended that the very fact that such legislation was felt to be necessary indicates that in its absence the special rights and remedies which are either continued or conferred by these acts and orders would have been lost. we are not impressed with this because it can equally well be argued, and in ..... then in the absence of a specific bar we hold that an order which was good and competent when it was made and which was passed by a tribunal which was domestic at the date of its making and which could, at that date, have been enforced in an indian court, does not lose its ..... in india and we agree that a foreign order could not be enforced in this way. but the order here was a competent order of a domestic tribunal when it was made and could then have been enforced in the delhi court. in the absence of any specific bar we see no reason why it ..... of decrees which could not have been executed in the courts referred to, in the manner provided, even before the partition. all those are special provisions designed to meet special cases. they do not affect the general law that an order which was competent and enforceable in a particular court before partition does not cease .....Tag this Judgment!