Court : Himachal Pradesh
Reported in : AIR1966HP48
..... in lawful possession of the land, as a tenant, upto rabbi, 1961 and was entitled to harvest that crop is supported, by evidence, on record the learned district judge therefore, cannot be said to have acted, in the exercise of his jurisdiction, with any material irregularity, in coming to the conclusion that the respondent was a tenant of the land upto rabbi 1961. ..... khasra girdawari could not be read as evidence, unless the patwari, who had prepared it was produced, is erroneous the khasra girdawari is a public document, within the meaning of section 35, evidence act and entries, contained therein, may be properly proved by the production of a certified copy there of, vide mohammed din v. ..... the only contention, urged in the revision-petition, was that the learned district judge had acted, in the exercise of his jurisdiction, with material irregularity, in coming to the conclusion that the respondent had not taken forcible possession of the land and was in possession as a tenant upto rabbi 1961 ..... pra and bilaspur 28: 'the arriving at a conclusion or decision is a mental operation and the court cannot be said to be acting in so coming to a conclusion or decision on a question of law or of fact; and so far as arriving at a conclusion or decision is concerned, whether the lower appellate court decides the questions rightly or wrongly it has jurisdiction to do so and even if it decides wrongly it cannot be said to have acted with material irregularity in the exercise of its jurisdiction. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP49,1965CriLJ499
..... not only does an adverse inference arise against the prosecution case from his non-production as a witness in view of illustration (g) to section 114 of the evidence act, but the circumstance of his being withheld from the court casts a serious reflection on the fairness of the trial.'14. ..... , for the excessive harm, namely, injuries inflicted on mohta, resulting in his death, or is each appellant liable for his individul act, is the next question which calls for decision. ..... a person does not do an act except with a certain intention; and the common intention which is requisite for the application of section 34 is the common intention of perpetrating a particular act. ..... previous concert which is insisted upon is the meeting of the minds regarding the achievement of a criminal act.'28. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP21,1965CriLJ443
..... previous sentence'were added to the sub-section by the amending act, 18 of 1923. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP74
..... nor can such accommodation be deemed to have been prohibited on grounds of public policy or on the ground of being opposed to the object and purpose of the east punjab rent restriction act, for the concession shown by the landlord is obviously to the advantage of the tenant for whose benefit principally the above statute has been enacted. ..... on the 3rd december, 1959, the respondent filed an application, under section 13 of the east punjab urban rent restriction act, as applied to himachal pradesh, (hereinafter referred to as the punjab act), before the controller, theog, for the eviction of the petitioner, from the demised premises, on the allegations that the petitioner had failed to pay or lender the balance of rs. ..... baldock, 1950-1, all er 708, are instructive: 'i think the principles deducible from those cases are that under the acts the court only has jurisdiction to order possession on one or other of the specified statutory grounds. ..... he held that the compromise, between the parties, did not offend against the provisions of the punjab act and that the order of ejectment based on the compromise was not illegal or without jurisdiction. ..... in that case, the landlord hod filed an application, under section 13 of the punjab act, for the ejectment of his tenant, on the ground of non-payment of rent. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP12
..... it may be relevant to point out that the words, 'appeal under the code of civil procedure' occurring in article 156 of the first schedule to the limitation act, were interpreted, by the hon'ble supreme court, as referring to an appeal, the procedure, applicable to which, was prescribed by the code of civil procedure, and not necessarily and only, to an appeal, the right to prefer which was ..... that section reads:'enforcement of, and appeal from, decrees and orders.all decrees and orders made by court in any proceeding under this act shall be enforced in like manner as the decrees and orders of the court made in the exercise of the original civil jurisdiction are enforced, and may be appealed from under any law for ,the time being ..... words, referred to, only mean, that the forum for, and the procedure for the disposal of, appeals, filed under the act will be determined, under the law, for the time being in force, on the subject. ..... she had, also, moved an application, under section 24 of the act, for the grant of maintenance pendente lite, and expenses of the proceedings ..... contrary view thatan appeal against an order, passed under section 24of the act, does not lie, was taken in prithyirajsinghji mansinghji v. ..... the case of himachal pradesh, these laws will be the himachal pradesh (courts) order, 1948 and the code of civil procedure. ..... appellant had filed a petition, under section 10 of the hindu marriage act, (hereinafter referred to as the act), for judicial separation, from respondent no. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1964HP16
..... the defence put forward on behalf of union of india was that the relationship of landlord and tenant did not subsist between the parties, that the abolition act was not applicable to land owned by the government, that valuable trees stood on the aforesaid land which were under the control and management of the forest department and proprietary rights in those trees ..... the appeal is thus accepted and the order of the learned district judge is modified to this extent that the application under section 11 of the abolition act is allowed to this extent that proprietary rights in the disputed land barring the 109 trees existing thereon are conferred on the appellants and pro forma respondents upon payment of a sum of ..... judge mahasu, sirtnur, bilaspur and kinnaur districts whereby an order made by the compensation officer dismissing the application under section 11 of the himachal pradesh abolition of big landed estates and land reforms act, 1953, hereinafter to be referred as the abolition act, filed by the appellants and pro forma respondents nos. ..... land has also been defined in the punjab alienation of land act 1900 as amended in 1936 and according to that definition it includes trees standing on ..... the question as to whether land as defined in the puniab tenancy act included trees or not was considered in the case of nasib singh ..... of land as given in the aforesaid two acts is identical except for this difference that according to the latter act land also includes orchards and ghasnis. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1964HP14
..... respondent much reliance has been placed upon clause (d), referred to above, and it has been contended that if the intention of the legislature had been that the provisions of the act or for the matter of that section 11 thereof will not bind the government clause (d) would have been differently worded and would have run more or less as below:'a person ..... it is a matter requiring serious consideration if the legislature could have intended that the government will not be bound by the provisions of the act and particularly by section 11 thereof when a statutory obligation has been cast upon the state government to transfer to the tenants upon pay ment of the prescribed compensation such land as ..... that no relationship of landlord and tenant subsisted between the parties, that the disputed land formed part of the protected forest under the indian forest act 1927 and that in any case proprietary rights could not be granted in respect of the trees. ..... the other appeal filed separate applications under section 11 of the himachal pradesh abolition of big landed estates and land reforms act, 1953, hereinafter to be referred as 'the act', for the acquisition of proprietary rights in the land held by them as tenants.3. ..... government from acquiring proprietary rights it would not have provided, muchless in a mandatory language, that the land vested in the state government under section 27(1) of the act shall be transferred to the tenants of such land upon payment of the prescribed compensation. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1963HP21
..... 2 had parted with possession she could not be said to be possessed of the aforesaid property at the time that the act came into force and she could not and did not, therefore, acquire absolute rights therein on the coming into force of the said act and the next presumptive reversioners had a right to challenge the aforesaid gift and to seek a declaration that it would be void and ineffective as against their interests.in support ..... not the intention of the legislature that after the coming into force of the aforesaid act a hindu female shall have absolute rights in any and every property possessed by her. ..... 'shall be held by her as full owner thereof and not as limited owner' is significant and means that the property which prior to the coming into force of the aforesaid act was held by a hindu female as limited owner will thereafter be held by her as full owner. ..... question that arises tor decision is as to whether by virtue of section 14 of the hindu succession act the appellants had become full owners of the disputed property. ..... 2 had merely limited lights in the said property and repelled the contention advanced on behalf of the appellants that they had acquired absolute interest in the disputed property by virtue of section 14 of the hindu succession act and granted the declaratory relief prayed for by respondent no. 1.5. ..... motai, air 1948 pc 36, were cases which fell under clause (b) and not under clause (a), referred to above, and as such are not applicable to the instant .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1963HP34
..... was not made for the ejectment of a tenant for a fixed term at the expiration of the term as it was considered to be redundant by the himachal pradesh legislature in view of the provisions contained in section 111(a) of the transfer of property act whereas the contention advanced on behalf of the respondent has been that it was not the intention of the legislature that a tenant for a fixed term should be liable to ejectment at the expiration of the term and as such ..... referred for decision to the full bench : 'whether a civil court has jurisdiction to try a suit brought by a person, who has been dispossessed from his tenancy after a notice issued to him under section 43 of the tenancy act, and who has been unsuccessful in a suit under section 45 to contest his liability to ejectment, for possession of the land from which he has been ejected on the ground that he had a right of occupancy therein, and whether ..... under a contract, decree or order of a competent authority (barring of course the tenant in whose favour a lease is executed in accordance with section 48 of the act) is not liable to be ejected at the expiry of the term the cause of action for the present suit had arisen prior to the coming into force of the himachal pradesh act, referred to above, and he had a vested right to enforce that cause of action in a civil court and in support of that contention reliance was .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1963HP37
..... gowardhandas harjiwandas, (s) air 1956 nagpur 86 the following observations were made : 'it is not a condition precedent to the maintenance of an action under the act (fatal accidents act) for damages proportionate to the loss resulting to the claimants that the deceased should have been actually earning money or money's worth or contributing to the support of the plaintiff at or before the date of death, provided that ..... the main question that calls for determination is as to whether the tilting of the bridge was due to any wrongful act, neglect or default on the part of the appellant or of the labourers employed by him and in that connection reference may first be made to the statements made by the witnesses for the respondents. ..... the principles governing the assessment of damages in a case under the fatal accidents act are well established and it is not necessary to notice in detail the case law on the point and i will content myself with noticing the recent cases only. 41. ..... the relevant portion of section 1a of the fatal accidents act, 1855, reads as below: 'whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof.........' 26. .....
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