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May 12 1956

Budhu Vs. Nahru and ors.

Court : Himachal Pradesh

Decided on : May-12-1956

Subject : Limitation

Acts : Evidence Act, 1872 - Sections 35, 101 to 104 and 110; ;Limitation Act, 1908 - Schedule - Article 142; ;Code of Civil Procedure (CPC) , 1908 - Order 2, Rule 2

Reported in : AIR1956HP50

Advocate for Appellant : D.N. Vaidya, Adv.

ORDERRamabhadran, J.C.1. These two revision petitions can be disposed of conveniently by means of one judgment, as they involve common points for determination. In the case of Civil Revision No. 53 of 1954, a further point...

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Apr 30 1956

Ambaka and anr. Vs. Ajmat and ors.

Court : Himachal Pradesh

Decided on : Apr-30-1956

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Section 9; ;Himachal Pradesh Tenants (Rights and Restoration) Act, 1952 - Section 3; ;Tenancy Law; ;Constitution of India - Article 226

Reported in : AIR1956HP53

Advocate for Appellant : D.N. Vaidya, Adv.

Ramabhadran, J.C. 1. Ajmat (respondent 1) filed a suit in the Court of the Senior Sub-Judge, Mandi against Ambka, Ruldu and others seeking a declaration that an order of ejectment passed by the Assistant Collector, against...

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Apr 26 1956

Ashok Pal Singh and ors. Vs. Moti Ram

Court : Himachal Pradesh

Decided on : Apr-26-1956

Subject : Property

Acts : Easements Act, 1882 - Section 15

Reported in : AIR1956HP47

Advocate for Appellant : D.N. Vaidya, Adv.

Ramabhadran, J.C.1. This revision petition by two plaintiffs was admitted by this Court on 23-11-1954, on the following point :'Whether in the erstwhile Mandi State easement rights could be acquired against the State or not.'2. I...

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Feb 05 1958

Himachal Pradesh Administration Vs. Mt. Shiv Devi

Court : Himachal Pradesh

Decided on : Feb-05-1958

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 164, 173(4), 367, 417, 423 and 510(2); ;Evidence Act, 1872 - Sections 3, 5, 8, 24 and 27; ;Indian Penal Code (IPC), 1860 - Sections 300 and 302

Reported in : AIR1959HP3,1959CriLJ448

Advocate for Appellant : T.P. Vaidya, Govt. Adv.

ORDER: I allow this appeal and set aside the order dated 29-5-1957 of Shri Om Prakash Sessions Judge, Mandi, acquitting Mt. Shiv Devi, of an offence under Section 302, I. P. C. I convict Mt. Shiv...

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Mar 18 1955

Nazroo and anr. Vs. Lalman and anr.

Court : Himachal Pradesh

Decided on : Mar-18-1955

Subject : Tenancy

Acts : Evidence Act, 1872 - Section 116; ;Code of Civil Procedure (CPC) , 1908 - Order 41, Rules 1 and 2; ;Transfer of Property Act, 1882 - Section 116

Advocate for Appellant : D.N. Vaidya, Adv.

Ramabhadran, J.C.1. These purport to be two cross second appeals, which arise out of a suit filed by Lalman for the ejectment of Nazroo from two shops, numbered 3 and 4, situate at Ant, and for...

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Jan 13 1961

District Co-operative Federation Ltd. Vs. Khub Chand

Court : Himachal Pradesh

Decided on : Jan-13-1961

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 14 and 20

Reported in : AIR1961HP35

Advocate for Appellant : D.N. Vaidya, Adv. holding brief for Hira Lal, Adv.

ORDERC.B. Capoor, J.C.1. This petition in revision by the District Co-operative Federation Ltd. Mandi is directed against an appellate judgment and decree of the learned District Judge, Mandi and Chamba districts, affirming an order of the...

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Oct 23 1961

Tula and ors. Vs. Sadh and ors.

Court : Himachal Pradesh

Decided on : Oct-23-1961

Subject : Constitution

Acts : Evidence Act, 1872 - Sections 3, 13, 18 and 42; ;Constitution of India - Articles 13(1), 19, 19(1) and 19(5)

Reported in : AIR1962HP28

Advocate for Appellant : D.N. Vaidya and; T.P. Vaidya, Advs.

C.B. Capoor, J.C.1. This is a plaintiffs' second appeal and arises out of the appellate judgment and decree of the learned District Judge Mandi whereby the judgment and decree of the learned Senior Subordinate Judge dismissing...

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Mar 30 1953

Japhu and ors. Vs. Parshottam Ram and ors.

Court : Himachal Pradesh

Decided on : Mar-30-1953

Subject : Family

Acts : Hindu Law

Reported in : AIR1953HP84

Advocate for Appellant : D.N. Vaidya, Adv.

Chowdhry, J.C.1. These two appeals arise out of the same suit. It was a suit by a rever-sioner against a Hindu widow and her alienees for a declaration that the alienation was not binding on the...

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Apr 30 1955

Bhola Shah Narsingh Das Jaini Vs. Mohan Lal and Co. and anr.

Court : Himachal Pradesh

Decided on : Apr-30-1955

Subject : Civil

Acts : Suits Valuation Act, 1887 - Section 8; ;Code of Civil Procedure (CPC) , 1908 - Sections 15 and 96

Reported in : AIR1955HP50

Advocate for Appellant : D.N. Vaidya, Adv.

Ramabhadran, J.C. 1. When this appeal was admitted on 22nd instant, I had pointed out that it was doubtful whether the Senior Subordinate Judge, Mandi, had jurisdiction to try the suit and give a finding on...

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Mar 28 1953

Narotam Vs. Sardaru and anr.

Court : Himachal Pradesh

Decided on : Mar-28-1953

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 100

Reported in : AIR1953HP122

Advocate for Appellant : D.N. Vaidya, Adv.

Chowdhry, J.C. 1. This is an appeal by one Narotam who filed an objection in the course of execution proceedings instituted by Sardaru decree-holder against the State of Himachal Pradesh as judgment-debtor. His objection was dismissed...

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