Court : Himachal Pradesh
Reported in : AIR1974HP52
..... even if the matter had to be judged under section 5 of the limitation act, it would have been a proper exercise of the power in that section to have excused the delay. ..... in his application under section 5 of the indian limitation act, it had been stated that the appellant is running his business at jagadnari (haryana) which is at a distance of about 60 kilometres from paonta sahib. ..... , and, thereafter he filed this application on 25-5-1973 and the delay in filing the application for bringing the legal representatives of the deceased was not intentional and that separate application under section 5 indian limitation act was also filed for condonation of the delay.4. ..... the limitation for making an application for bringing the legal representatives on the record is governed by article 177 of the old limitation act and 120 of the new limitation. ..... swami viraga nand, (1968-2 delhi hc notes 33) wherein the respondent died on 11-4-1964 and an application under order 22, rules 4, 9, and 11 and section 151, civil proce dure code read with section 5 of the indian limitation act was presented in the court on 1-8-67. ..... 1969, and he acted with gross negligence and inaction in making an application under order 22, rule 4 and even then he did not make any application as required under rule 9 for setting aside the abatement. ..... article 177 first schedule to the limitation act. ..... act of 1963. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ1375
..... the definition of 'public nuisance' in section 268 runs in the following terms:public nuisance: a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons ..... lai argued on the basis of (1966) 68 pun lr 490, that the revision petition was not maintainable before the learned sessions judge in view of the provisions contained in the punjab separation of judicial and executive functions act, 1964. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1974HP1
..... 1958, and accordingly- (a) no suit or other legal proceeding shall be maintained or continued in any court for the refund of any rent or damages or costs recovered under the 1958-act where such refund has been claimed merely on the ground that the said act has been declared to be unconstitutional and void; and (b) no court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under the 1958 ..... regards the grounds on which the writ petition is based, learned counsel for the parties have freely made their submissions with reference to the 1971 act, and it does not appear that merely because fresh grounds have not been specifically added in the writ petition the respondents have been prejudiced in ..... , anything done or any action taken in the exercise of anv power conferred by or under that ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this act, as if this act were in force on the day on which such thing was done or action was taken. ..... union of india : air1968cal560 , a full bench of the calcutta high court held that the act permitted the government, in the exercise of an unguided discretion, to adopt either of two alternative remedies, one by way of summary eviction under section 5 (2) of the act and the other by way of suit in a court of law, and as the former remedy was more drastic and more prejudicial than the latter section 5 (2) violated article 14 of the constitution and was, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1974HP28
..... that also disposes of the appellant's contention that as his interview took place after the coming into force of the himachal pradesh university act, the 2% deduction clause could not affect him as it cannot be said to have been carried forward by the removal of difficulties order, because it ..... by that order the regulations and rules of the punjab university which were in force immediately prior to the commencement of the himachal pradesh university act in respect of certain matters were made applicable till such time as the first ordinances of the himachal pradesh university were made by the state government.the provisions which were made applicable related ..... to medical colleges set up and maintained by the state government from out of public funds has pointed out that if they are affiliated to a university the government cannot frame rules or act inconsistently with the ordinances or the regulations of the university laying down the standards of eligibility. ..... the submission is that the provision is not contemplated by the punjab university act and the regulations made thereunder nor by the himachal pradesh university act and, therefore, it falls outside the scope of the power of those ..... as we have already said, the punjab university act has not been shown to govern the conditions for the admission of candidates ..... the himachal pradesh university act, 1970 was brought into force on july 22, 1970 and in consequence thereof the himachal pradesh medical college was dis-affiliated .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP30
..... , while holding that the justices could not have been influenced even remotely by the solicitor acting as their clerk, nevertheless proceeded to observe:'though the clerk to the justices and the justices did not know that his firm had acted for the applicant's wife, the necessary, or at least reasonable impression on the mind of the applicant would be that justice was not done seeing that the solicitor for his wife ..... while accepting that the justices came to their decision without consulting the acting clerk and that the acting clerk scrupulously abstained from referring to the case in any way. ..... when the justices retired for consultation at the conclusion of the hearing, the acting clerk retired with them in case they should wish to refer to his notes of the evidence or to be advised on the law, but the justices did not consult him and he abstained from referring to the case ..... (1924) 1 kb 256 (supra) the justices were unaware that the acting clerk was a member of the firm of solicitors who were acting for whitworth in the civil action against the applicant, and there was also the fact that the justices did not even consult the acting clerk when arriving at their decision. ..... an order was made under section 82 (2) of the punjab reorganisation act by the central government declaring that all the persons belonging to the punjab civil service (executive branch) who were required 'provisionally to serve in the union territory of himachal pradesh were finally allotted to that ..... 1948 ac 87 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP57
..... and re-enacted with or without modification, then unless it is otherwise expressly provided, any appointment, notification order, scheme, rule, form or bye-law made or issued under the repealed act shall so far as it is not inconsistent with the provisions re-enacted, continue in force and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification ..... 'now reading these two sections it would be obvious that any notification, order, scheme rule, form or bye-law made or issued under the repealed act shall so for as it is not inconsistent with the provisions re-enacted continue in force and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification ..... cr 915 = (air 1971 sc 1081) which is a case under the bombay rent restriction act where there was also a consent decree passed and which was soueht to be executed and a similar plea was taken by the tenant-judgment-debtor, it was held by their lordships of ..... to the decree were not initiated under any provision of that act and there was no question of their being continued under those ..... there was a notification issued under section 3 of the latter act exempting the building from the operation of the act and it was in these circumstances that a regular suit had been filed by the landlady for ejectment of the appellant from the premises and she had obtained a decree before the expiry .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP62
..... section 17 (1) (a) of the indian registration act provides for the compulsory registration of instruments of gift of immovable property. ..... it is also urged that the document would fall under section 17 (a) (b) of the indian registration act as it is an adoption deed. ..... a document recording a transaction which has already taken effect is not a document which creates any rights so as to fall within section 17 (1) (b) of the indian registration act. ..... an adoption deed is mentioned in entry 3 of schedule 1 to the indian stamp act. ..... the last ground put forward by learned counsel for the appellants is that the document was compulsorily registrable under the indian registration act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP64
..... rule 2 of the civil procedure code authorise a plaintiff to give his own valuation for purposes of court-fee and under section 8 of the suits valuation act the valuation for purposes of court-fee and jurisdiction is tile same and the forum of appeal in a suit for accounts would depend on the valuation of relief as set out in the plaint and not on the amount ..... in fact statutory rules have now been framed for the purposes of valuation of redemption suits under the suits valuation act and those rules govern the valuation for the purposes of the suit and the appeal is also a continuation of the suit and, therefore, in my opinion, the rule enunciated in this authority is not applicable to the ..... therefore, further held: 'in a matter like this we should, in the absence of a clear statutory provision to the contrary, act on the principle of stare decisis et non movere quieta, and decline to make a departure from the existing practice sq as to unsettle a rule of procedure which has been followed consistently and uniformly in this province for more ..... court by virtue of the powers conferred by section 9 of the suits valuation act, the court must apply its mind and come to a precise determination as to what is the value of a suit for the purposes of ..... an application for condonation of delay under section 5 of the limitation act had also been filed and in that it had been stated that the delay was because the case was first filed in the court of the senior sub-judge and later on the ground .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP105
..... it may also be that there is a case for proceeding against the member under section 49 of the act, if he is liable for the loss, waste or misapplication of any money or other property belonging to the ..... in the present case, upon a true view of section 14 of the himachal pradesh municipal act, as the state government did not notify its acceptance of the resignation of the fourth respondent within the statutory period of 60 days, it must be taken that the resignation has not been ..... a member so removed attracts the penalty mentioned in section 15 (2) of the act, that is to say, he becomes disqualified for election for a period of one to five ..... that is the position when the member acts within 15 days of the receipt by the deputy commissioner of his application to ..... the law casts a duty upon them to act in the public interest, and it could work serious mischief if they were allowed to vacate office at ..... as i have already said, the mere act of 'applying' to the deputy commissioner within the statutory period of 15 days results in the law treating the application to resign as having been ..... 14 of the himachal pradesh municipal act proceeds upon that principle. ..... is clear that a member of a municipal committee constituted under the act cannot resign at will. ..... petitioner is a municipal committee constituted under section 10 of the himachal pradesh municipal act, 1968. ..... the rival contentions of the parties, it is necessary to set out the provisions of section 14 of the himachal pradesh municipal act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ85
..... a child is a competent witness and although legally there is no bar to accepting the uncorroborated testimony of a child witness, yet prudence requires that courts should not act on the uncorroborated evidence of a child whether sworn or unsworn. ..... at one stage, he emphasised that this statement could be considered an admission of the accused under section 21 of the evidence act and could be proved against him. ..... king emperor air 1936 pc 253 (2) : (1936) 37 cri lj 897 referred to a well recognised rule of construction that where a power is given to do a certain thing in a certain way the thing must be done in that way for that act to have legal consequence. ..... which is recorded during investigation and for the recording of which compliance of the prescribed procedure under section 164 is not made, can at all be utilised by the prosecution as an admission simpliciter by taking help of section 21 of the evidence act. .....
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