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Delhi Court June 1968 Judgments

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Jun 12 1968

Salig Ram Vs. Niranangmo

Court: Delhi

Decided on: Jun-12-1968

Reported in: 6(1970)DLT265

I.D. Dua, C.J. (1) This revision has been presented in this Court under paragraph 35 of the Himachal Pradesh (Courts) Order 1948 read with section 115, Civil Procedure Code from the judgment and decree of the learned District Judge, Kinnaur dated 4th August 1967 allowing the appeal of Smt. Nira Zagmoo defendant and dismissing the suit of Salig Ram Plaintiff for a declaration that the defendant Nira Zagmoo was nto his legally wedded wife. It may be pointed out that the trial Court had decreed the plaintiff's suit. (2) One conclusion of the lower Appellate Court, which has been described nto to be disputed, is that the defendant had lived with the plaintiff for about five years and during this period, the defendant had given birth to a daughter. If this conclusion is upheld, as, in my opinion, it must be upheld on revision, then the inference of legal marrirge between the parties becomes irresistible, and merely because affirmative evidence of the actual performance of the cere monies is...


Jun 11 1968

Om Chand Vs. Pius Swami

Court: Delhi

Decided on: Jun-11-1968

Reported in: 4(1968)DLT631

T.V.R. Tatachari, J. (1) This second appeal was filed against the judgment of the learned District Judge, Mandi and Chamba Districts, dated 14th March, 1966, in Civil Miscellaneous Appeal No. 105 filed on 3rd October, 1964, by which the learned District Judge dismissed the said appeal and confirmed the order (judgment) of the Compensation Officer, Mandi, dated 7th September, 1964 rejecting an application filed by 0m Chand, the appellant herein, for stoting aside an order of dismissal of an earlier application filed by him ior setting aside an order proceeding against (setting ?) him ex parte in a proceeding before the Compensation Officer. (2) The facts which led up to this second appeal may be stated briefly. The respondent herein Plus Swami, is the nephew of 0m Chand, the appellant berein. The respondent filed an application under Section 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act 1953. (hereinalter referred to as 'the Abolition Act') for acquisit...


Jun 10 1968

Collector Vs. Upinder Kumar

Court: Delhi

Decided on: Jun-10-1968

Reported in: 4(1968)DLT688

I.D. Dua, J.(1) The Collector, Land Acquisition. Mandi, has preferred this appeal from the award of the learned Additional District Judge, Himachal Pradesh, at Mandi, dated 31st May, 1966 and the learned counsel turn the appellant has confined his challenge only to two issuer namely issues Nos. 1 and 4. Issue No. 1 deals with the question of limitation of the reference under section 18 of the Land Acquisition Act (here after called the Act) to the District Judge and issue No. 4 raises the question whether the land comprising Khasra Nos. 188/1 and 714/367/1 has nto vested in the Himachal Pradesh Government. (2) Dealing first with the issue of limitation, the Collector's award is dated 3 1st March, 1962, which is recorded to be the date of announcement. There is also an endorsement dated 8th June, 1962 showing that the copy of the award was forwarded to : - (1)Collector, Mandi District, Mandi, and (2)Executive Engineer, Division No. 1 HP. P. W. D. Mandi for information and necessary act...


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