...Counsel for the appellant that in view of the plain language of Section 31 this Court should apply the substantive law enacted by the Punjab Legislature in the amended Section 15 of the Pre-emption Act and set aside the decree for ...plain and comprehensive so as to require an appellate court to give effect to the substantive provisions of the Amending Act whether the appeal before it is one against a decree granting pre-emption or one refusing that relief. The ...Section 15 of the Punjab Pre-emption Act (Act 1 of 1913) hereinafter referred to as the Act. The property involved in these appeals are agricultural lands and in each one of them decrees have been passed...

...of its products based on free-riding by Motorola and STATS, and the NBA's misappropriation claim based on New York law is pre-empted.”The Federal Pre-emption clause...“common” law. In NBA, the Second Circuit, post the 1976 Copyright Act, interpreting a federal pre-emption provision (Section 301, which enjoined States from enacting or giving effect to copyright...copyrightability under the Act. In fact, in Bonito Boats v. Thunder Craft Boats, 489 US 141, the United States Supreme Court considered a similar question of pre-emption under patent law. In holding that the protect...

...court to give effect to the substantive provisions of the amending Act whether the appeal before it is one against a decree granting pre-emption or one refusing that relief. The decision of the Federal Court...referred to as ‘the amending Act, 1995’) in the parent Act i.e the Punjab Pre-emption Act (hereinafter referred to as ‘the parent Act’) as applicable to the State of Haryana whereby the right of a co-sharer...to pre-empt a sale has been taken away during the pendency of an appeal filed against a judgment of the High Court affirming the decree passed by the trial Court in a pre-emption suit...

...the sense that whether the suit for pre-emption is instituted before the date of the amending Act or after, a decree cannot be passed contrary to its provisions, that is to say, contrary to the provisions of amend...-- (i) Whether a pre-emptor in whose favour a pre-emption decree has been given in the first Court should retain superior right of preemption till the hearing of the appeal by the vendee against the...decree, and whether the impugned notification issued during the pendency of the appeal against the decree in the present case, successfully takes away the already exercised right of pre-emption of the...

...the date of passing of the decree by the first court, has obtained a decree for pre-emption by the court of first instance, such right cannot be taken away by subsequent legislation during pendency of the appeal filed against the de...whether the appeal before it is one against a decree granting pre-emption or one refusing that relief. The decision of the Federal Court in Lachmeshwar Prasad v. Keshwar Lal on which...decree of the first court, if the claimant loses that right or a vendee improves his right equal or above the right of the claimant before the adjudication of suit, the suit for pre-emption must fail...

...before the High Court against a decree in a suit for pre-emption, the said section having imposed a bar to pass a decree in a suit for pre-emption and the Supreme Court upheld the decision of the High Court in allo...bar. Though redundant I feel obliged to refer to the judgment of the Federal Court in Lach-meshwar v. Keshawar Lal (1940) F.C.R. 84 : (1941) 1 M.L.J. (Supp...

...Act was concerned, all pending appeals and revisions were expressly governed by the new amendment introduced. He argues that this is not the case with the Punjab Pre-emption (Amendment) Act which ...Pre-emption (Amendment) Act, 1960 (Act X of 1960), whereby certain grounds, upon which a suit for pre-emption could be brought, were abrogated.The facts briefly are that a...the meantime the Punjab Pre-emption (Amendment) Act of 1960 was passed. Under this Act the ground of contiguity is no longer available to a pre-emptor and it has been urged...

...O. Chinnappa Reddy, J.— The archaic right of pre-emption based on consanguinity is in question in the several thousand writ petitions under Article 32 of the Constitution. The...constitutional validity of Section 15 of the Punjab Pre-emption Act, 1913 as applicable in the State of Haryana which incorporates this right is challenged. The State of origin of the Punjab Pre....2. The right of pre-emption based on consanguinity has been variously described by learned Judges as “feudal”, “piratical”, “tribal”, “weak”, “easily defeated” etc...

...Court were delivered byWanchoo, J.— These three appeals which have been heard together raise the constitutionality of certain provisions of the pre-emption laws prevailing...in the States of Madhya Pradesh (Rewa-State area), Delhi and Maharashtra (Berar-area). Three suits for pre-emption were brought by pre-emptors which were decreed, and the present appeals are by....2. We shall begin with CA No. 270 of 1955. This is concerned with the Rewa State Pre-emption Act, 1946 (hereinafter called “the Rewa Act”), and particularly with Section 10...

...court to give effect to the substantive provisions of the Amending Act whether the appeal before it is one against a decree granting pre-emption or one refusing that relief. The decision of the Federal Court...1995) in the parent Act i.e. The Punjab Pre-emption Act (hereinafter referred to as the parent Act) as applicable to the State of Haryana whereby the right of a co-sharer to pre-empt a sale has been...Didar Singh etc. etc. vs. Ishar Singh (dead) by Lrs. etc. etc. [1995 (1) Scale 1] (wherein it was held that in a suit for pre-emption, the...

...enforce his right of pre-emption on two grounds, viz., (1) an agreement said to have been executed by Nath Mal, father of Ram Chander agreeing to give the plaintiff the right of first purchase in the...event of sale of the said house and (2) the Gwalior Pre-emption Act which created a right of pre-emption in favour of dominant-heritage holder vis-à-vis servient-heritage holder. The plaintiff also...relied upon an alleged customary right of pre-emption. The defendant disputed the plaintiff's claim inter alia on the ground that the Gwalior Pre-emption Act is unconstitutional and is unenforceable...

...S.B Sinha, J.— Interpretation of the provisions of the Punjab Pre-emption Act, 1913 (“the Act”, for short) is in question in this appeal which arises out of a judgment and...in favour of the appellant. Respondent 8, Chander Bala is the daughter of Respondent 9 Desh Raj. Claiming a right of pre-emption in terms of the Act, she filed a suit for pre-emption impleading only...pre-emption. The plaintiff admitted that the suit land was actually sold for Rs 30,000 by the vendor, the defendant. The counsel for the plaintiff paid Rs 24,000 to the defendant in the court and the...

...amendments caused in the Punjab Pre-emption Act by the amending Act of 1960 and the view of law taken by the Federal Court in A.I.R 1951 Federal Court page...then the Courts in England began to feel differently and on page 14 of the aforementioned judgment of the Federal Court, Lord Justice Thankerton's observations made in the English decision have been...noticed. The view taken was that the relief to the parties must be dispensed in terms of the law applicable at the time of such dispensation. It is quite significant that the law with which the Federal...

...District Judge. In the suit out of which this appeal has arisen the appellant was Defendant 1 and the respondents were the plaintiff and Defendants 2 and 3 and the dispute relates to pre-emption on..., 1943 i.e before the sale deed was executed the respondent, Sridhar, brought a suit for pre-emption against the appellant on the allegation that he had a co-occupancy in the Survey number in dispute...subject to respondent Sridhar's prior right of pre-emption. It was also alleged that the price was not fixed in good faith. These allegations were denied. Both the trial court and the District Judge held...

...Section 16(3) of the Act and set aside the order of the Additional Collector in the appeal and restored the order of the Deputy Collector dated 10-2-1981 rejecting the claim of pre-emption made by...held that the Court cannot ignore two important facts and these are: firstly, that the right of pre-emption is a weak right and secondly, that the vendee has remained in possession for more than twenty...years and at this stage the Court was not inclined to interfere with the matter. He submitted that the Division Bench of the High Court failed to appreciate that the right of pre-emption under Section...

...take up for consideration Civil Appeal No. 941(N) of 1973. The appellant challenges the correctness of a decree passed by the High Court dismissing a suit for pre-emption. The plaint property belonged to...appeal was preferred to the High Court against this decree. The Punjab Pre-emption (Repeal) Act, 1973 (Act 11 of 1973) received the assent of the Governor of Punjab on April 6, 1973 and was published...-appellant then applied for leave to file letters patent appeal. That was dismissed.3. Section 3 of the Punjab Pre-emption (Repeal) Act, 1973, provides...

...: RF 1962 SC1476 (3,22,25,31) R 1966 SC1977 (3,6) ACT: Custom-Pre-emption-City of Banaras-Local Custom of Pre- emption-Such...right-Incident of property and attaching to land. HEADNOTE: HEld, that a local custom of pre-emption exists in the city of Banaras and the right attaches at...therein. When a right of pre-emption rests upon custom it becomes the lex loci or the law of the place and affects all lands situated in that place irrespective of the religion or...

...certain land by pre-emption.2. The facts may be shortly stated: Santa Singh was the owner of some land in Village Samadh Bhai, tehsil Moga. He died leaving a widow Smt Sobhi...8000. Smt Jai Kaur filed a suit for possession by pre-emption of the land which had been sold by Smt Sobhi. According to her a consideration of Rs 4000 only had been paid by the vendee. The trial court...learned Single Judge took the view that Smt Jai Kaur not being the daughter of the vendor Smt Sobhi had no right of pre-emption under Section 15(2) of the Punjab Pre-emption Act, 1913, as amended by...

...: 1958 AIR 838 1959 SCR 878 ACT: Pre-emption, nature of the right-Pre-emptor filing suit and obtaining decree-Second pre-emptor of equal degreefiling...suit for Pre-emption First pre-emptor deositing purchase moneand obtainIng Possession-If suit of second Pre- emptor cansucced-Lis penden-Scope--Punjab Pre-emptor Act (Pun. 1 Of 1913),ss. 17, 28.... HEADNOTE: Upon the sale of certain village land the appellants filed a suit for pre-emption, and a compromise decree was passed allowing pre-emption provided the...

...are the legal representatives of the deceased Bal Bhimrao Shitole who had instituted four separate suits for preemption in the year 1966 out of which these appeals have arisen. The right of pre-emption...different persons. The right of pre-emption was claimed under the Quanoon Haqshafa Riyasat Gwalior (hereinafter referred to as the ‘Pre-emption Act’) on the ground that...-emption did not subsist after the repeal of Pre-emption Act by the M.P Agrakrya Vidihi Nirsan Adhiniyam 1968 (Act No. XIV of 1968). Being aggrieved by this decision the...