Family Settlement--Even if, one of the parties to the settlement had no apparent antecedent title, but under the arrangement, the other party relinquishes all its claims or title, in favour of such a person, and acknowledges him, to be the sole owner, then antecedent title was to be presumed, and the family settlement was liable to be upheld.; Smt. Birma & Ors. v. Bhal Singh & Ors.; 2010(1) Law Herald (P&H) 674
S.14(2)--Hindu Women Right to Property Act, 1937--Appellant had no locus-standi, to challenge the judgment and decree as the wife of the deceased inheterted the property under the Hindu Women Right to Property Act, 1937 and become the absolute owner under Section 14(2) of the Hindu Succession Act--Competent to alienate the same as she likes--Decree did not require registration as was passed on the basis of legal and valid family settlement also, confer right and title to the party--The finding of the facts recorded by Courts below being based on the correct reading and due appreciation of evidence and law on the point do not suffer from any illegality or perversity and warrant no inference by High Court--The substantial question of law in answered, against the appellant and thus appeal in dismissed.; Smt. Birma & Ors. v. Bhal Singh & Ors.; 2010(1) Law Herald (P&H) 674
S.14(2)--Registration Act, 1908, S.17--Decree passed on the basis of a legal and valid family settlement--Does not require registration--Conferred all the rights and title to the other party.; Smt. Birma & Ors. v. Bhal Singh & Ors.; 2010(1) Law Herald (P&H) 674
Showing posts with label 1956. Show all posts
Showing posts with label 1956. Show all posts
Tuesday, May 11, 2010
Tuesday, April 13, 2010
PUNJAB BREWERY RULES, 1956
R.35--Punjab Excise Act, 1914, S.32--Excise Duty--Manner in which duty may be levied--Scope of Section 32 and Rule 35-Discussed in detail in case of Haryana Brewery limited.; Skol Breweries Ltd. v. State of Haryana & Anr.; 2010(1) Law Herald (P&H) (DB) 591
R.35--Punjab Excise Act, 1914, S.32--Excise Duty--Manner in which duty may be levied--Duty levied on alleged excess wastage of more than 7% without recording any finding about correctness of entries made in relevant registers maintained by manufacture as well as excise officials--No objections whatever were raised regarding actual production shown by petitioner in its returns filed with Excise Department as well as financial statement--Finding that beer manufactured was illegally removed was not recorded--Finding that wastage more than 7% cannot be claimed not justified--Case remanded to decide afresh.; Skol Breweries Ltd. v. State of Haryana & Anr.; 2010(1) Law Herald (P&H) (DB) 591
R.35--Punjab Excise Act, 1914, S.32--Excise Duty--Manner in which duty may be levied--Duty levied on alleged excess wastage of more than 7% without recording any finding about correctness of entries made in relevant registers maintained by manufacture as well as excise officials--No objections whatever were raised regarding actual production shown by petitioner in its returns filed with Excise Department as well as financial statement--Finding that beer manufactured was illegally removed was not recorded--Finding that wastage more than 7% cannot be claimed not justified--Case remanded to decide afresh.; Skol Breweries Ltd. v. State of Haryana & Anr.; 2010(1) Law Herald (P&H) (DB) 591
Tuesday, March 16, 2010
Succession--Female heir--Rule of survivorship is subject to statutory provisions
2010(1) LAW HERALD (P&H) 447
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr Justice Adarsh Kumar Goel
RSA No.210 of 1987 (O&M)
Kedar Nath (dead) through LRs.
v.
Rishi Raj & Ors.
{Decided on 12/11/2009}
For the Appellants: Mr. Yogesh Kumar Sharma, Advocate.
For the Respondent: None.
(A) Hindu Succession Act, 1956, S.14 & 15--Succession--Female heir--Rule of survivorship is subject to statutory provisions of Hindu Succession Act by virtue of which even a female inherits the property absolutely--General rule of succession in the case of female Hindu does not apply to inter vivos transfer nor to a testamentary succession. (P.10)
(B) Hindu Succession Act, 1956, S.15--Registration Act, 1908--Family settlement--Registration--Requirement of registration does not apply to a family settlement which recognized by way of a decree. (P.11)
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr Justice Adarsh Kumar Goel
RSA No.210 of 1987 (O&M)
Kedar Nath (dead) through LRs.
v.
Rishi Raj & Ors.
{Decided on 12/11/2009}
For the Appellants: Mr. Yogesh Kumar Sharma, Advocate.
For the Respondent: None.
(A) Hindu Succession Act, 1956, S.14 & 15--Succession--Female heir--Rule of survivorship is subject to statutory provisions of Hindu Succession Act by virtue of which even a female inherits the property absolutely--General rule of succession in the case of female Hindu does not apply to inter vivos transfer nor to a testamentary succession. (P.10)
(B) Hindu Succession Act, 1956, S.15--Registration Act, 1908--Family settlement--Registration--Requirement of registration does not apply to a family settlement which recognized by way of a decree. (P.11)
Female heir is debarred to claim partition of the dwelling house unless other male heirs seek partition
2010(1) LAW HERALD (P&H) 438
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Sabina
R.S.A. No. 1350 of 1997 (O&M)
Amrit Lal
v.
Nusrat & Ors.
{Decided on 12/11/2009}
For the Appellant: Mr. M.L.Saini, Advocate.
For the Respondent: Mr. Rajesh Garg, Advocate.
IMPORTANT POINT
Partition--Dwelling house--Female heir--Female heir is debarred to claim partition of the dwelling house unless other male heirs seek partition.
Hindu Succession Act, 1956, S.23--Partition--Dwelling house--Female heir--Female heir is debarred to claim partition of the dwelling house unless other male heirs seek partition.
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Sabina
R.S.A. No. 1350 of 1997 (O&M)
Amrit Lal
v.
Nusrat & Ors.
{Decided on 12/11/2009}
For the Appellant: Mr. M.L.Saini, Advocate.
For the Respondent: Mr. Rajesh Garg, Advocate.
IMPORTANT POINT
Partition--Dwelling house--Female heir--Female heir is debarred to claim partition of the dwelling house unless other male heirs seek partition.
Hindu Succession Act, 1956, S.23--Partition--Dwelling house--Female heir--Female heir is debarred to claim partition of the dwelling house unless other male heirs seek partition.
Probation--Distilling illicit liquor--Because of supply of spurious liquor
2010(1) LAW HERALD (P&H) 436
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice T.P.S. Mann
Criminal Revision No.2332 of 2002
Gurtej Singh
v.
State of Punjab
{Decided on 25/01/2010}
For the Petitioner: Mr. Kashmir Singh, Advocate for Mr. K.K. Garg, Advocate.
For the Respondent: Mr. P.S. Grewal, Assistant Advocate General, Punjab.
IMPORTANT POINT
Probation--Distilling illicit liquor--Because of supply of spurious liquor, some tragedies have taken place, but that is no ground to deny the benefit of probation to a convict, who had been held liable for distilling illicit liquor for the first time.
(A) Criminal Procedure Code, 1973, S.360, 361 & 401--Punjab Excise Act, 1914, S.61(1)--Probation of Offenders Act, 1956, S.4 & 6--Distilling illicit liquor--Release on probation--Petitioner undergone substantive sentence of three years--He is not shown to be pervious convict--He has been facing agony of criminal prosecution since 1998--Petitioner can be given a chance to reform himself instead of remaining under the stigma of conviction throughout his remaining life--Petitioner can, therefore, be granted the benefit of probation in lieu of the sentence imposed upon him. (P. 7)
(B) Punjab Excise Act, 1914, S.61(1)--Probation of Offenders Act, 1956, S.4 & 6--Distilling illicit liquor--Release on probation--Because of supply of spurious liquor, some tragedies have taken place, but that is no ground to deny the benefit of probation to a convict, who had been held liable for distilling illicit liquor for the first time--One of the purposes of punishment is to enable the similarly situated accused to try to bring themselves back into the mainstream by adopting righteous path in life, instead of being condemned for all times to come. (P.6)
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice T.P.S. Mann
Criminal Revision No.2332 of 2002
Gurtej Singh
v.
State of Punjab
{Decided on 25/01/2010}
For the Petitioner: Mr. Kashmir Singh, Advocate for Mr. K.K. Garg, Advocate.
For the Respondent: Mr. P.S. Grewal, Assistant Advocate General, Punjab.
IMPORTANT POINT
Probation--Distilling illicit liquor--Because of supply of spurious liquor, some tragedies have taken place, but that is no ground to deny the benefit of probation to a convict, who had been held liable for distilling illicit liquor for the first time.
(A) Criminal Procedure Code, 1973, S.360, 361 & 401--Punjab Excise Act, 1914, S.61(1)--Probation of Offenders Act, 1956, S.4 & 6--Distilling illicit liquor--Release on probation--Petitioner undergone substantive sentence of three years--He is not shown to be pervious convict--He has been facing agony of criminal prosecution since 1998--Petitioner can be given a chance to reform himself instead of remaining under the stigma of conviction throughout his remaining life--Petitioner can, therefore, be granted the benefit of probation in lieu of the sentence imposed upon him. (P. 7)
(B) Punjab Excise Act, 1914, S.61(1)--Probation of Offenders Act, 1956, S.4 & 6--Distilling illicit liquor--Release on probation--Because of supply of spurious liquor, some tragedies have taken place, but that is no ground to deny the benefit of probation to a convict, who had been held liable for distilling illicit liquor for the first time--One of the purposes of punishment is to enable the similarly situated accused to try to bring themselves back into the mainstream by adopting righteous path in life, instead of being condemned for all times to come. (P.6)
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