STATE OF PUNJAB Vs. MANOHAR SINGH PRATAP SINGH
LAWS(SC)-1954-10-32
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on October 20,1954

STATE OF PUNJAB Appellant
VERSUS
MANOHAR SINGH PRATAP SINGH Respondents


Cited Judgements :-

NILKANTH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-5-102] [REFERRED TO]
SUMITA PRADIPKUMAR DIXIT VS. PUSHPADEVI G MAKHARIA [LAWS(BOM)-2011-3-173] [REFERRED TO]
S K MITTAL VS. UNION OF INDIA [LAWS(DLH)-2009-5-180] [REFERRED TO]
RCI POWER LIMITED CHENNAI VS. UNION OF INDIA [LAWS(APH)-2003-4-118] [REFERRED TO]
ABYUDAYA EDUCATIONAL SOCIETY VS. KANUMALLA GRAM PANCHAYAT [LAWS(APH)-2006-8-106] [REFERRED TO]
MEGA CITY BUILDERS VS. S L SAWHNEY [LAWS(APH)-2013-4-50] [REFERRED TO]
BALIAH T S VS. RANGACHARI T S ITO [LAWS(MAD)-1968-2-4] [REFERRED TO]
THEAGARAYA CHETTY EDUCATIONAL INSTITUTIONS, REPRESENTED BY THE MANAGING COMMITTEES SECRETARY VS. DR. G. MADAN MOHAN RAO [LAWS(MAD)-1976-4-54] [REFERRED TO]
MAHABIR SUGAR MILLS PVT LTD VS. UNION OFINDIA [LAWS(ALL)-1968-8-11] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. MANGIRAM GOPI CHAND [LAWS(ALL)-1976-4-46] [REFERRED TO]
HINDUSTAN FERRODO LTD VS. HARI LACHMAN HASIJA [LAWS(BOM)-2003-2-130] [REFERRED TO]
UTTAM STEEL LIMITED VS. UNION OF INDIA [LAWS(BOM)-2003-8-122] [REFERRED TO]
Bhavaraju Venkatasubba Rao VS. Garapati China Kanakayya [LAWS(APH)-1955-1-12] [REFERRED TO]
KAMLAKANT D NAIK VS. COLLECTOR OF NORTH GOA [LAWS(BOM)-1994-12-10] [REFERRED TO]
DR. MANMATH KUMAR MOHAPATRA VS. REGISTRAR, ORISSA HIGH COURT AND ORS. [LAWS(ORI)-1988-7-27] [REFERRED TO]
INDIAN DAIRY ENTERPRENUERS AGRICULTURAL CO LTD VS. G P UDAWAT [LAWS(RAJ)-1978-9-16] [REFERRED TO]
STATE OF KERALA VS. P KRISHNAN [LAWS(KER)-1957-7-6] [REFERRED TO]
SAHITHYA PRAVARTHAKA COOPERATIVE SOCIETY LTD VS. KAMALALAYA PRINTING WORKS AND BOOK DEPOT [LAWS(KER)-1976-8-23] [REFERRED TO]
Jarbai VS. Phirojsha Bairamji [LAWS(MPH)-1960-1-31] [REFERRED TO]
COMMISSIONER OF SALES TAX VS. CHHOGALAL AND SONS [LAWS(MPH)-1983-8-23] [REFERRED TO]
HANUMAN MINOR OILS LTD. VS. STATE OF M.P. & ORS. [LAWS(MPH)-2001-10-83] [REFERRED TO]
JHARKHAND STATE ELECT. BOARD VS. M/S. LAXMI BUSINESS & CEMENT CO. P. LTD. [LAWS(SC)-2014-2-67] [REFERRED TO]
BUDHAN KHAN VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1960-2-34] [REFERRED TO]
GUNTUPALLI RAMA SUBBAYYA VS. GUNTUPALLI RAJAMMA [LAWS(APH)-1987-10-43] [REFERRED TO]
M V KRISHNAIAH VS. GOVERNMENT OF ANDHRA PRADESH FOOD AND CIVIL SUPPLIES HYDERABAD [LAWS(APH)-1999-4-44] [REFERRED TO]
BANSHIDHARI MANNA VS. STATE OF WEST BENGAL [LAWS(CAL)-1977-7-9] [REFERRED TO]
PHILIP VS. SURENDRAN [LAWS(KER)-1992-8-6] [REFERRED TO]
TRILOK CHAND JAIN VS. DAGI RAM PINDI LALL [LAWS(DLH)-1973-12-11] [REFERRED]
DEVIDAS R BOLLAKI VS. STATE OF TELANGANA [LAWS(APH)-2015-3-64] [REFERRED TO]
SITARAM SINGH VS. MEGHALAYA STATE ELECTRICITY BOARD [LAWS(GAU)-2002-1-34] [REFERRED TO]
S P KACKAR VS. VIITH ADDL DISTT JUDGE MEERUT [LAWS(ALL)-1978-3-46] [REFERRED TO]
ALLAHABAD THEATRES PVT LTD VS. KUSUM KUMARI [LAWS(ALL)-1973-9-2] [REFERRED TO]
SHIRISH FINANCE AND INVESTMENT PVT VS. M SREENIVASULU REDDY [LAWS(BOM)-2001-9-50] [REFERRED TO]
CHANDRESHWAR BHUTHANATH DEVASTAN VS. SUBIRAJ PRABHAKAR NAIK [LAWS(BOM)-2002-9-152] [REFERRED TO]
MOHANLAL VANMALIDAS AND COMPANY BOMBAY VS. COLLECTOR OF CUSTOMS PREVENTIVE AND GOLD CONTROL BOMBAY [LAWS(BOM)-2004-1-49] [REFERRED TO]
GEETA JAI VATIKA COLONY VS. COMMISSIONER COMMERCIAL TAXES U P [LAWS(ALL)-2018-2-455] [REFERRED TO]
GEETA JAI VATIKA COLONY VS. COMMISSIONER COMMERCIAL TAXES U P [LAWS(ALL)-2018-2-455] [REFERRED TO]
RAM PARSHAD HALWAI VS. MUKHTIAR CHAND [LAWS(P&H)-1958-4-22] [REFERRED]
RAM PARTAP AND ORS. VS. THE STATE OF PUNJAB AND ORS. [LAWS(P&H)-1969-4-27] [REFERRED TO]
RAMA SHANKAR PANDEY VS. RAM RAJ [LAWS(ALL)-2002-12-84] [REFERRED TO]
ARATI MARKETING PVT. LTD VS. UNION OF INDIA [LAWS(CAL)-2024-2-11] [REFERRED TO]
TORRENT LABORATORIES PVT LIMITED, AHMEDABAD VS. UNION OF INDIA [LAWS(GJH)-1980-10-35] [REFERRED]
SHREE BHAGWATI STEEL ROLLING MILLS VS. COMMISSIONER OF CENTRAL EXCISE [LAWS(P&H)-2006-10-518] [REFERRED TO]
SUGAPATI DEVI VS. STATE OF BIHAR [LAWS(PAT)-2008-9-159] [REFERRED TO]
ARITHOTTAH MOOPIL SWAMIYAR THIRUMUMPU VS. STATE OF KERALA [LAWS(KER)-1961-6-35] [REFERRED TO]
STATE OF KERALA VS. N SAMILYER [LAWS(SC)-1965-10-13] [REFERRED]
T BARAI VS. HENRY AH HOE [LAWS(SC)-1982-12-10] [APPLIED]
OTHAYATH LEKSHMY AMMA VS. NELLACHINK UNIYIL GOVINDAN NAIR [LAWS(SC)-1990-4-28] [RELIED ON]
GAJRAJ SINGH VS. STATE TRANSPORT APPELLATE TRIBUNAL [LAWS(SC)-1996-9-169] [DISTINGUISHED]
FIBRE BOARDS (P) LTD., BANGALORE VS. COMMISSIONER OF INCOME TAX, BANGALORE [LAWS(SC)-2015-8-20] [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY VS. MANOHARLAL ETC. [LAWS(SC)-2020-3-83] [REFERRED TO]
PALLAMREDDY MASTHAN REDDY VS. NELLORE FINANCE CORPORATION [LAWS(APH)-1993-2-73] [REFERRED TO]
COMMISSIONER OF INCOME TAX CENTRAL VS. B P INDIA LTD [LAWS(CAL)-1978-3-33] [REFERRED TO]
MON MOHAN KOHLI VS. ASSISTANT COMMISSIONER OF INCOME TAX [LAWS(DLH)-2021-12-252] [REFERRED TO]
UNNA RAM VS. GEETA DEVI [LAWS(RAJ)-2002-7-121] [REFERRED TO]
BALBEER KUMAR JAIN VS. TRIPTI KUMAR KOTHARI [LAWS(RAJ)-2003-10-18] [REFERRED TO]
REGISTRAR OF COMPANIES VS. BIHAR INVESTMENT TRUSTLTD [LAWS(PAT)-1975-5-6] [REFERRED]
BHOLA SINGH VS. STATE OF BIHAR [LAWS(PAT)-1977-5-20] [REFERRED TO]
L I C CLASS I OFFICERSS G N SAMITI LTD VS. STATE OF BIHAR [LAWS(PAT)-1992-8-1] [REFERRED TO]
V.D. RAJAGOPAL VS. TATE OF TELANGANA [LAWS(TLNG)-2022-10-22] [REFERRED TO]
MAHENDER NATH GUPTA VS. MOTI RAM RATTAN CHAND [LAWS(DLH)-1975-3-6] [REFERRED = (1955) 1 SCR 893 23 24]
P N BALASUBRAMANIAN VS. UNION OF INDIA [LAWS(DLH)-1975-7-6] [REFERRED AT 87,PARAGRAPH (5).]
UNION OF INDIA VS. ASHOK J RAMSINGHANI [LAWS(BOM)-2011-5-19] [REFERRED TO]
AATIF NASIR MULLA VS. CENTRAL POTA REVIEW COMMITTEE [LAWS(BOM)-2010-9-34] [REFERRED TO]
CENTRE FOR PUBLIC INTEREST LITIGATION VS. UNION OF INDIA [LAWS(DLH)-2009-11-102] [REFERRED TO]
BANSILAL VS. N C NAGARAJ [LAWS(KAR)-2005-7-27] [REFERRED TO]
RENJITH J.V. VS. STATE OF KERALA [LAWS(KER)-2020-8-290] [REFERRED TO]
BALAKRISHNAN VS. STATE OF KERALA [LAWS(KER)-2021-7-113] [REFERRED TO]
CHETAN DAS VS. D C S C [LAWS(ALL)-2015-3-20] [REFERRED TO]
RAVI ELECTRONICS THRO PROPREITOR VS. ASSISTANT COMMERCIAL TAX COMMISSIONER [LAWS(GJH)-2012-12-150] [REFERRED TO]
TARAK CHANDRA MUKHERJEE VS. RATAN LAL GHOSAL [LAWS(CAL)-1956-12-8] [REFERRED TO]
SUBODH CHANDRA MITRA VS. KANAI LAL MUKHERJEE [LAWS(CAL)-1966-9-10] [REFERRED TO]
MANISH RISHISHWAR VS. UNION OF INDIA [LAWS(DLH)-2020-1-249] [REFERRED TO]
L VENKATESH NAIK VS. ASST COLLECTOR SPL CUSTOMS PREVENTIVE DIVISION [LAWS(KER)-1992-2-42] [REFERRED TO]
VALLY ESTATE VS. INCOME TAX OFFICER ADDL AGRL [LAWS(KER)-1994-1-11] [REFERRED TO]
THE APPELLATE RENT TRIBUNAL AJMER AND ORS. VS. SMT. KRISHNA BHASEEN W/O LATE SH. BADRINATH BHASEEN [LAWS(RAJ)-2017-4-285] [REFERRED TO]
M ABRAMAI VS. COMMISSIONER OF SALES TAX KERALA STATE [LAWS(KER)-1958-3-33] [REFERRED TO]
STATE OF KERALA VS. ANNAM [LAWS(KER)-1968-4-15] [REFERRED TO]
JAYANTILAL AMRATHLAL VS. UNION OF INDIA [LAWS(SC)-1971-2-2] [REFERRED TO]
ARVIND KHANNA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2015-11-260] [REFERRED TO]
GAMMON INDIA LTD VS. SPL CHIEF SECRETARY [LAWS(SC)-2006-2-1] [REFERRED TO]
T KALIAMURTHI VS. FIVE GORI THAIKAL WAKF [LAWS(SC)-2008-8-5] [REFERRED TO]
JAWAHAR SINGH ALIAS BHAGAT JI VS. STATE OF GNCT OF DELHI [LAWS(SC)-2009-5-42] [REFERRED TO]
STATE OF KERALA VS. MAR APPRAEM KURI CO. LTD [LAWS(SC)-2012-5-36] [REFERRED TO]
SONEY LAL VS. U P ELECTRICITY BOARD [LAWS(ALL)-2008-3-216] [REFERRED TO]
B. KANNAN VS. DEPUTY REGISTRAR OF COMPANIES [LAWS(MAD)-2022-12-296] [REFERRED TO]
Mamraj Gokulchand VS. Board of Revenue, M.P. [LAWS(MPH)-1960-2-13] [REFERRED TO]
MITRANATH VS. BABU LAL [LAWS(ALL)-2013-2-50] [REFERRED TO]
EEPC INDIA VS. ADDITIONAL COMMISSIONER, KONKAN DIVISION, MUMBAI [LAWS(BOM)-2020-5-7] [REFERRED TO]
CHIDURALA SUDAKAR AND OTHERS VS. STATE OF TELANGANA AND OTHERS [LAWS(APH)-2018-7-1] [REFERRED TO]
BHORUKA TEXTILES VS. STATE OF KARNATAKA [LAWS(KAR)-1985-2-29] [REFERRED TO]
A. SANKARA SUBBU VS. THE SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT AND ORS. [LAWS(MAD)-2015-8-2] [REFERRED TO]
MITTAN LAL SURESH CHANDRA VS. KRISHI UTPADAN MANDI SAMITI [LAWS(ALL)-1987-10-19] [REFERRED TO]
G V K INDUSTRIES LIMITED VS. CENTRAL ELECTRICITY AUTHORITY [LAWS(DLH)-2006-2-98] [REFERRED TO]
PARSHOTAM DASS VS. STATE OF HARYANA [LAWS(P&H)-2003-4-12] [REFERRED TO]
INDIRA SOHANLAL VS. CUSTODIAN OF EVACUEE PROPERTY DELHI [LAWS(SC)-1955-10-18] [REFERRED TO]
NAR BAHADUR BHANDARI VS. STATE OF SIKKIM [LAWS(SC)-1998-5-36] [DISTINGUISHED]
LABOCHEM INDIA P LTD VS. REGIONAL PROVIDENT FUND COMMR [LAWS(CAL)-2002-1-28] [REFERRED TO]
KUMAGAI SKANSKA HCC ITOCHU GROUP VS. COMMISSIONER OF VALUE [LAWS(DLH)-2012-5-353] [REFERRED TO]
UMED SINGH BAID VS. UOI AND ORS. [LAWS(DLH)-2015-5-336] [REFERRED TO]
RANI CONSTRUCTION PVT. LTD VS. H.P. STATE ELECTRICITY BOARD [LAWS(HPH)-1998-7-8] [REFERRED TO]
INCOME TAX OFFICER VS. SAKTHI FINANCE LIMITED [LAWS(MAD)-1999-12-45] [REFERRED TO]
BANSHIDHAR VS. STATE [LAWS(RAJ)-1976-10-17] [REFERRED TO]
JEGDISH PRASAD VS. FIROZIBAI [LAWS(RAJ)-1981-3-1] [REFERRED TO]
MOHAN RAJ VS. DIMBESWARI SAIKIA [LAWS(SC)-2006-11-44] [REFERRED TO]
UDAI SINGH DAGAR VS. UNION OF INDIA [LAWS(SC)-2007-5-182] [REFERRED TO]
KAILASH NARAIN AGNIHOTRI VS. STATE OF U P [LAWS(ALL)-2004-11-84] [REFERRED TO]
TAPAN SEN VS. STATE OF WEST BENGAL AND OTHERS [LAWS(CAL)-2015-6-136] [REFERRED]
ZINABHAI RANCHHODJI DARJI VS. STATE OF GUJARAT [LAWS(GJH)-1971-2-1] [REFERRED]
SHAKUNTALA GURUNG VS. STATE OF SIKKIM [LAWS(SIK)-2021-11-7] [REFERRED TO]
STATE OF ANDHRA VS. DAKARAPU RAMASWAMI [LAWS(APH)-1958-2-20] [REFERRED TO]
S M A KHUDDUS VIJAYAWADA MUNICIPAL COUNCIL VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1967-4-26] [REFERRED TO]
NIMAI CHAND BHABAK VS. STATE [LAWS(CAL)-1955-4-9] [REFERRED TO]
RAJARAM VS. STATE OF M.P. [LAWS(MPH)-2014-12-64] [REFERRED TO]
PRAKASH KUMAR VS. KANAHIYA LAL AGRAWAL AND ORS. [LAWS(CHH)-2015-3-2] [REFERRED TO]
GAMMON INDIA LTD VS. SPECIAL CHIEF SECRETARY GOVERNMENT OF ANDHRA PRADESH REVENUE CT DEPARTMENT [LAWS(APH)-2005-8-58] [REFERRED TO]
A P STATE ROAD TRANSPORT CORPORATION VS. CENTRAL POWER DISTRIBUTION COMPANY [LAWS(APH)-2008-5-19] [REFERRED TO]
SITARAM SINGH VS. MEGHALAYA STATE OF ELECTRICITY BOARD [LAWS(GAU)-2002-3-59] [REFERRED TO]
GANGADHAR NARASINGDAS AGARWAL AND ORS. VS. THE UNION OF INDIA (UOI), REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE AND ORS. [LAWS(MAD)-1966-9-26] [REFERRED TO]
AGARWAL MITTAL CONCAST P. LTD. VS. OFFICIAL LIQUIDATOR OF JALAN FORGINGS LTD. (IN LIQUIDATION) AND ORS. [LAWS(GJH)-2010-1-166] [REFERRED TO]
SMT. KRISHNA BHASEEN VS. APPELLATE RENT TRIBUNAL AJMER [LAWS(RAJ)-2017-4-13] [REFERRED TO]
SOAMCHAND SANKHARIA VS. SING LIGHT HOUSE [LAWS(BOM)-2001-8-88] [REFERRED TO]
SHEEN GOLDEN JEWELS (INDIA) PVT. LTD. VS. STATE TAX OFFICER(IB)-1, INVESTIGATION BRANCH [LAWS(KER)-2019-1-148] [REFERRED TO]
MOHAMMAD RASHTO AHMAD ASHFAQ HUSSAIN VS. STATE OF UTTAR PRADESH [LAWS(SC)-1978-12-18] [FOLLOWED]
STATE OF MAHARASHTRA VS. ATMA RAM SADASHIV DONGARWAR [LAWS(SC)-1978-8-7] [FOLLOWED]
COMMISSIONER OF INCOME TAX U P VS. SHAH SADIO AND SONS [LAWS(SC)-1987-4-56] [REFERRED TO]
MANPHUL SINGH SHARMA VS. AHMEDI BEGUM [LAWS(SC)-1994-8-54] [REFERRED TO]
NIHARIKA JAIN VS. UNION OF INDIA [LAWS(RAJ)-2019-7-352] [REFERRED TO]
VASANJI KEVALBHAI VS. DAHIBEN WD O OF RANCHHODJI JIVANJI [LAWS(GJH)-1973-4-12] [REFERRED]
GANESH SINGH VS. BISHRAM SINGH [LAWS(JHAR)-2003-7-80] [REFERRED TO]
N SUDARSANAN AND ORS VS. BENNY PERUVANTHANAM AND ORS [LAWS(KER)-2014-3-185] [REFERRED TO]
D.V. RAVI VS. DIRECTORATE OF ENFORCEMENT SOUTHERN REGIONAL OFFICE GOVERNMENT OF INDIA [LAWS(MAD)-2023-7-10] [REFERRED TO]
KATHEEM ADAMKUTTY VS. DAMODARAN NAMBUDIRI [LAWS(KER)-1969-10-6] [REFERRED TO]
SPECIAL TAHSILDAR FOR LAND ACQUISITION KOZHIKODE-I AND VS. F SHAMSUDIN AND BROS [LAWS(KER)-1969-12-1] [REFERRED TO]
P KESAVAN VS. B KRISHNAMMA [LAWS(KER)-1984-11-17] [REFERRED TO]
STATE VS. GIAN SINGH [LAWS(SC)-1999-9-153] [REFERRED]
SHANTABAI MATHURDAS THAKKAR VS. MUNICIPAL CORPORATION [LAWS(BOM)-1961-2-9] [REFERRED TO]
Krishna Kumar Agarwala VS. Kelvin Jute Company Limited Workers Provident Fund Trust [LAWS(CAL)-2002-3-46] [REFERRED TO]
V T DURAISWAMI VS. FIVE GORI THAIKAL WAKF [LAWS(MAD)-1999-11-91] [REFERRED TO]
SURYACHAKRA SPINNING MILLS P LTD VS. STATE OF TAMIL NADU [LAWS(MAD)-2006-7-247] [REFERRED TO]
TARACHAND KOYAL VS. MAHESWAR CHOUDHURY [LAWS(ORI)-1973-5-1] [REFERRED TO]
P NARAYAN RAO VS. STATE OF ORISSA [LAWS(ORI)-1983-7-11] [REFERRED TO]
SIDHESWAR SAHU VS. SECOND ADDITIONAL DISTRICT JUDGE [LAWS(ORI)-2003-2-35] [REFERRED TO]
J S YADAV VS. STATE OF U P [LAWS(SC)-2011-4-98] [REFERRED TO]
BOARD OF CONTROL FOR CRICKET IN INDIA VS. KOCHI CRICKET PVT. LTD. AND ETC. [LAWS(SC)-2018-3-57] [REFERRED TO]
HINDUSTAN UNILEVER LIMITED VS. STATE OF MADHYA PRADESH [LAWS(SC)-2020-11-16] [REFERRED TO]
V.D. RAJAGOPAL VS. THE STATE OF TELANGANA [LAWS(TLNG)-2018-11-36] [REFERRED TO]
G RAMA SUBBAYYA VS. G RAJAMMA [LAWS(APH)-1987-10-15] [REFERRED TO]
VIANAAR HOMES PRIVATE LIMITED VS. ASSISTANT COMMISSIONER (CIRCLE-12), CENTRAL GOODS & SERVICES TAX, AUDIT-II, DELHI [LAWS(DLH)-2020-11-36] [REFERRED TO]
GWALIOR DISTILLERIES LIMITED VS. M P MADHYA KSHETRA VIDYUT VITRAN COMPANY [LAWS(MPH)-2011-10-6] [REFERRED TO]
DECCAN ARCHAEOLOGICAL AND CULTURAL RESEARCH INSTITUTE VS. STATE OF TELANGANA [LAWS(TLNG)-2019-9-51] [REFERRED TO]
STATE OF UP VS. SUNIL KUMAR VERMA [LAWS(ALL)-2010-7-12] [REFERRED TO]
STATE OF UP VS. SUNIL KUMAR VERMA [LAWS(ALL)-2010-7-12] [REFERRED TO]
MOHD QUTUBUDDIN VS. AZIZ KHAN [LAWS(APH)-2002-3-130] [REFERRED TO]
N.RAMESH KUMAR VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2020-5-16] [REFERRED TO]
AUTHORISED OFFICER LAND REFORMS MAYURAM VS. K V BALASUBRANAANIAM [LAWS(MAD)-1985-12-20] [REFERRED TO]
T.A. PAI MANAGEMENT INSTITUTE VS. COMMR. OF C. EX. [LAWS(CE)-2012-5-4] [REFERRED TO]
M. SURESH VS. MAHADEVAMMA [LAWS(KAR)-2020-10-298] [REFERRED TO]
DAMODA PANIGRAHI VS. BANCHHANIDHI PANGRAHI [LAWS(ORI)-1976-6-10] [REFERRED TO]
RAMESH CHANDRA SAHOO VS. STATE [LAWS(ORI)-1993-8-10] [REFERRED TO]
HAR PRASAD SINGH VS. RAM SWARUP [LAWS(ALL)-1973-3-21] [REFERRED TO]
KOLHAPUR CANE SUGAR WORKS LTD AND ANOTHER VS. UNION OF INDIA AND OTHERS [LAWS(DLH)-1985-11-51] [REFERRED]
HARIHAR POLYFIBERS VS. SUB DIVISIONAL MAGISTRATE HAVERI DHARWAR DIST [LAWS(KAR)-1996-11-17] [REFERRED TO]
MALLESWARAM CO-OPERATIVE SOCIETY LTD VS. SENIOR LABOUR INSPECTOR [LAWS(KAR)-1998-8-32] [REFERRED TO]
CHIMANLAL SHAH VS. FARHANA ABDUL JABAR SAYYAD [LAWS(BOM)-2009-7-108] [REFERRED TO]
STATE VS. V RAMASAMY [LAWS(MAD)-2010-6-199] [REFERRED TO]
COMMISSIONER OF INCOME TAX BOMBAY CITY 1 VS. GODAVARI SUGAR MILLS LIMITED [LAWS(SC)-1966-10-24] [REFERRED]
SAIT NAGJEE PURSHOTHAM AND CO PRIVATE LIMITED VS. INCOME TAX OFFICER THIRD ADDL [LAWS(KER)-1963-1-30] [REFERRED TO]
PARAMESWARAN NAMBUDIRI VS. KALYANI [LAWS(KER)-1973-12-3] [REFERRED TO]
STATE OF KERALA VS. RAMAN NAIR [LAWS(KER)-1961-4-21] [REFERRED TO]
KESHWA NAND MUNICIPAL COMMISSIONER VS. TEJWANT SINGH [LAWS(P&H)-1994-10-6] [REFERRED TO]
SOUTHERN PETROCHEMICAL INDUSTRIES CO LTD VS. ELECTRICITY INSPECTOR AND E T I O [LAWS(SC)-2007-5-192] [REFERRED TO]
HIMACHAL PRADESH STATE ELECTRICITY REGULATORY COMMISSION VS. HIMACHAL PRADESH STATE ELECTRICITY BOARD [LAWS(SC)-2013-10-6] [REFERRED TO]
VISHNU MOHAN VS. INCHARGE DISTRICT JUDGE [LAWS(ALL)-2002-11-138] [REFERRED TO]
RADHEY SHYAM VS. DISTRICT AND SESSIONS JUDGE [LAWS(ALL)-2002-11-147] [REFERRED TO]
SATYANARAYAN MORE VS. MS. MILAGRINA ROSE CORREIA @ MILLIE CORREIA [LAWS(CAL)-2020-6-3] [REFERRED TO]
GODHRA ELECTRICITY COMPANY LIMITED VS. SOMALAL NATHJI SHIROIYA [LAWS(GJH)-1966-4-9] [REFERRED]
GAYA PRASAD VS. SURESH KUMAR [LAWS(MPH)-1991-12-10] [REFERRED TO]
SUSHILA N RUNGTA (D) THR LRS VS. TAX RECOVERY OFFICER-16(2) AND ORS [LAWS(SC)-2018-10-118] [REFERRED TO]
THE STATE OF HARYANA AND OTHERS VS. HINDUSTAN CONSTRUCTION COMPANY LTD. [LAWS(SC)-2017-9-18] [REFERRED TO]
KASHI RAM DHANDHANIA VS. UNION OF INDIA [LAWS(PAT)-1978-7-26] [REFERRED TO]
A SUNDARAMMA VS. UNION OF INDIA [LAWS(APH)-1990-12-21] [REFERRED TO]
RABINDRA NATH MAHAPATRA VS. GOUR MONDAL [LAWS(CAL)-1956-12-9] [REFERRED TO]
ANGAPPAN J K K VS. INCOME TAX OFFICER [LAWS(MAD)-1972-12-22] [REFERRED TO]
STATE VS. S THIUNAVUKKARASU [LAWS(MAD)-1992-9-43] [REFERRED TO]
MUKESH SINGH AND 4 ORS VS. SAURABH CHAUDHARY AND ANOTHER [LAWS(ALL)-2019-5-11] [REFERRED TO]
MUKESH SINGH AND 4 ORS VS. SAURABH CHAUDHARY AND ANOTHER [LAWS(ALL)-2019-5-11] [REFERRED TO]
RAJ KUMAR WADHWANI VS. STATE OF U P [LAWS(ALL)-1994-4-8] [REFERRED TO]
BANASKANTHA DISTRICT COOPARATIVE MILK PRODUCERS UNION LIMITED VS. STATE OF GUJARAT & OTHERS [LAWS(GJH)-2015-11-112] [REFERRED]
K.C. SHANKARE GOWDA VS. STATE OF KARNATAKA AND OTHERS [LAWS(KAR)-2017-4-29] [REFERRED TO]
MUNSHI LAL BENI RAM GLASS WORKS VS. S S SINGH ASSISTANT LABOUR COMMIS SIONER [LAWS(SC)-1969-10-74] [REFERRED TO]
R K GARG R K KARANJIA MADHU MEHTA P K SOI S S BEDI VS. UNION OF INDIA :UNION OF INDIA :UNION OF INDIA :UNION OF INDIA :UNION OF INDIA [LAWS(SC)-1981-11-21] [RELIED ON]
NEW SINGHAL DAL MILL VS. FIRM SHEO PRASAD JAINTI PRASAD [LAWS(ALL)-1957-11-21] [REFERRED TO]
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JUDGEMENT

- (1.)This appeal, which has come before us, on a certificate granted by the High Court of the State of Punjab at Simla, under Article 134(1)(c) of the Constitution, raises a short point of law. On the 3rd of March 1948, an Ordinance (being Ordinance No. 7 of 1948) was promulgated by the Governor of East Punjab, under Section 88 of the Government of India Act, 1935, making provisions for the registration of land claim of the East Punjab refugees. On the 17th March 1948 the respondent Mohar Singh, who purports to be a refugee from West Pakistan, filed a claim in accordance with the provisions of this Ordinance, stating therein, that he had lands measuring 104 kanals situated within the district of Mianwali in West Punjab. On the 1st of April 1948 this Ordinance was repealed and Act 12 of 1948 (hereinafter called 'the Act') was passed by the East Punjab Legislature re-enacting all the provisions of the repealed Ordinance.
The claim filed by the respondent was investigated in due course and it was found after enquiry, that the statement made by him was absolutely false and that as a matter of fact there was no land belonging to him in West Pakistan. Upon this, a prosecution was started against him on the 13th of May, 1950, under Section 7 of the Act, which makes it an offence for any person to submit, with regard to his claim under the Act, any information which is false. The accused was tried by S. Jaspal Singh. Magistrate. First Class, Jullundur before whom he confessed his guilt and pleaded for mercy. The trying Magistrate by his order dated the 20th of July 1951 convicted the respondent under Section 7 of the Act and sentenced him to imprisonment till the rising of the court and a fine of Rs. 120, in default of which he was to suffer rigorous imprisonment for one month.

(2.)The District Magistrate of Jullundur considered the sentence to be inadequate and referred the case to the High Court at Simla under Section 438 of the Criminal Procedure Code with a recommendation that a deterrent sentence might be imposed upon the accused. The matter first came up before a single Judge of that court and a preliminary point was raised on behalf of the respondent that it was not within the competence of the trying Magistrate to convict him at all under the provisions of the Act, as the offence was committed against the Ordinance before the Act came into force and the prosecution was started long after the Ordinance had come to an end.
Having regard to the diversity of judicial opinion on the point, the single Judge referred the case for decision by a Division Bench. The learned Judges constituting the Division Bench accepted the contention raised on behalf of the respondent and by their judgment dated the 7th of August 1952 set aside the conviction of the respondent and the sentence imposed upon him under Section 7 of the Act. It is against this judgment that the present appeal has been taken to this court by the State of Punjab.

(3.)It is not disputed that the respondent did submit, with regard to the claim filed by him under the provisions of the Ordinance, an information which was false and that such act was punishable as an offence under Section 7 of the Ordinance. The Ordinance however was repealed soon after the filing of the claim and was substituted by the Act which incorporated all the provisions of the Ordinance. The High Court in deciding the case in favour of the respondent proceeded on the ground that as Act 12 of 1948 was not in existence at the date when the claim was filed by the respondent, he could not possibly be convicted of an offence under a law which, was not in force at the time of the commission of the offence. The State Government attempted to meet this argument by invoking the provisions of Section 6 of the General Clauses Act which is in the same terms as Section 4 of the Punjab General Clauses Act.
Section 6 of the General Causes Act lays down the effect of the repeal of an enactment. The section runs thus :

"6. Where this Act or any Central Act or regulation, made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not

...... ....... ...... ...... ...... ......

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed: or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed: or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid".

On the strength of this provision in the General Causes Act it was contended on behalf of the State that the repeal of the Ordinance could not in any way affect the liability already incurred by the respondent, in respect of an offence, committed against the provisions of the Ordinance and any penalty or punishment consequent thereon.



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