Court : Himachal Pradesh
Reported in : AIR1967HP21
..... the petitioner, the acquiescence on the part of the other members of the committee and the treatment meted out to him by the authorities concerned supported the inference that the petitioner was authorized to act on behalf of the committee and he, as the representative of the committee, which was in law the trustees of the amounts collected by it from villagers, had a right to maintain the petition under article 226 ..... article 19 during the pendency of the proclamation of emergency removes the fetters created' on the legislative and executive powers by article 19 and if the legislatures make laws or the executive commits acts which are inconsistent with the rights guaranteed by article 19, their validity is not open to challenge either during the continuance of the emergency or even thereafter.'8. ..... :'in our opinion, the learned attorney-general is right when he contends that we should not and cannot pronounce any opinion on the validity of the impugned act if we come to the conclusion that the bar created by the presidential order operates against the detenues in the present cases. ..... heard full arguments on the petition and as the petitioner has attempted to urge that by the act and the rules and the bye-laws the guaranteed freedoms under arts. ..... in that case, the validity of certain provisions of the gujarat agricultural produce markets act (20 of 1964) was challenged on the plea that they infringed the fundamental freedoms, guaranteed to the petitioner, under articles 14, 19 and 31 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP61
..... , 'means' in the aforesaid sub-section (2) is not confined only to the other tangible property of the minor but also includes his statutory right, under section 20, hindu adoptions and maintenance act, to be maintained by his father, and, in that connection, the property of the father and the capacity of the minor to earn and that as the father of the appellant was ..... of section 11 are as under:'(1) notwithstanding any law, custom or contract to the contrary a tenant other than a sub-tenant shall, on application made to the compensation officer at any time after the commencement of this act, be entitled to acquire, on payment of compensation, the right, title and interest of the landowner in the land of the tenancy, held by him under the landowner: provided that a tenant not having a right ..... not recorded any finding on the material point whether the appellant had no other means of livelihood and was entitled to the benefit of sub-section (2) of section 11 of the abolition act and had also not specified the buildings to be excluded from the operation of his order, the case was remitted to him for recording findings on the aforesaid matters he was directed ..... that he was a minor and as he had no other means of livelihood, he was entitled to the benefit of sub-section (2) of section 11 of the abolition act and the respondent could not acquire proprietary rights it was, further, pleaded that trees and buildings were standing on the land and the appellant was entitled to compensation for .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1967HP18,1967CriLJ376
..... , further, held that the recovery of playing cards and corries, which were instruments of gaming, raised a presumption, under section 6 of the public gambling act, that the house of harji petitioner was being used as a common gaming house and that devi rup and dila ram petitioners were present there for the ..... they were instruments of gaming the finding of the instruments of gaming in the house of harji petitioner gave rise, under section 6 of the public gambling act, to the presumption that the house was being used as a common gaming house and that devi rup and dila ram petitioners, who were found playing cards, were ..... magistrate was right in raising the presumption, against the petitioners, under section 6 of the public gambling act, and as the presumption remained unrebutted, in convicting the petitioners for the offences charged against them. ..... neither section 5 nor any other section of the public gambling act makes the provisions of the code of criminal procedure, relating to searches, applicable to a search, conducted under section 5 therefore, in view of the provisions of section 1(2) and section 5 (2) of the code of criminal procedure, the special provisions of search, contained in section 5 of the public gambling act, will prevail over the general provisions of the code of ..... emperor, air 1922 lab 458, that section 5 of the public gambling act prescribes a special procedure for searches and that the provisions of section 165, code of criminal procedure are not applicable to .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP77
..... the argument was that the compromise for eviction violated the provisions of section 13 of the punjab act which granted protection to a tenant against eviction except on certain statutory grounds which should be established to the satisfaction of the controller or the appellate authority and that a tenant could not contract himself ..... respondent had filed an application, under section 13 of the punjab urban rent restriction act, as applied to himachal pradesh (hereinafter referred to as the punjab act), before the controller, solan, for evicting the appellant, from a motor garage ..... this court had, finally, held that section 13 or any other provision in the punjab act does not enjoin that the satisfaction of the controller, about the existence of grounds of ejectment, must invariably be founded on the result of a contentious trial only and that it can never be based ..... 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 ..... obliged to hear a case out, because, if the tenant appears and admits that the plaintiff is entitled to possession on one of the statutory grounds, the court may act on that admission and make the appropriate order.'12. ..... the mere fact that section 17 of the punjab act provides that every order, passed under section 13, shall be executed by a civil court, as if it were a decree of that court, cannot lead to the inference that the aforesaid order may be regarded as a ..... ) order, 1948. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP4
..... rangachariar, air 1940 mad 113 (fb), it was laid down that neither section 7(iv) (b) nor section 7(v) of the court-fees act applied to a suit for partition of joint family property by a member who was in joint possession and that article 17(vi), schedule ii was applicable to ..... the argument of the learned counsel was that in determining, which provision of the court-fees act, was applicable to the suit, only the averments, made, in the plaint, by the petitioner, should have been taken into consideration, and not the plea raised by ..... the answer of the full bench was that in determining the provisions of court-fees act applicable to a particular suit, the allegations made by the plaintiff alone must be considered and the pleas raised by the defendant do not ..... of partition, claimed by the petitioner, did not fall within the ambit of either section 7 (iv) (b) or section 7 (v) of the court-fees act, but fell within the four corners of article 17 (vi), schedule ii. 15. ..... counsel for the petitioner contended that the learned senior subordinate judge acted without jurisdiction in taking into consideration the plea of respondent ..... the pleas, raised by the defendants, are, also, to be taken into consideration while determining the point of the court fees, was decided on the basis of a local amendment, made in the court-fees act, namely sub-section (vi-a), added to section 7 by section 11 of the u. p. ..... exercised in himachal pradesh, under paragraph 35 of the himachal pradesh (courts) order, 1948. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP22
..... chukhri gifted that land to the appellants she died on 14-4-1960, before the coming into force of the hindu succession act after her death, the appellants had taken possession of the entire estate of gokal respondents nos. ..... 1 to 3, established that the custom of exclusion of daughters has been acted upon for a sufficiently long time in bilaspur district, the fact that not a single instance was cited where a daughter had excluded a collateral from succession proved that the custom of exclusion of daughters was uncontroverted ..... what is necessary to be proved is that the usage has been acted upon in practice for such a long period and with such invariability as to show that it has, by common consent been submitted to as the established governing rule of a particular district, vide air 1941 pc 21 (supra). ..... ) is not only relevant, under sections 13 and 42 evidence act, as forming in itself a transaction by which the custom in question was recognized, but is also relevant to show that it contains live specific instances relating to the custom of exclusion of daughters, vide mt. ..... it may be that as the hindu succession act had come into force, the collaterals thought it expedient to compromise the suit, in any case, no finding was recorded that a daughter excluded collaterals. ex. d. w. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP36
..... of law that the decision of the judge must be absolutely unfettered by any extraneous guidance by the executive or administrative wing of the state the direction, in section 20 of the abolition act, that where any dispute arises between persons claiming compensation, the compensation officer shall require them to refer their claims to a competent civil court for adjudication also indicates that a compensation officer is ..... impleading her as also-applicant with lala, was not competent, the learned district judge erred in treating that application as an application under section 11 of the abolition act, for the acquisition of proprietary rights and granting proprietary rights to shrimati reshmu the argument of the learned counsel was that the provisions, laying down that the application under ..... section 11 of the abolition act, should be on the prescribed form were mandatory and that the proprietary rights could not be granted on an application which was not on the prescribed form on ..... the land to the facts so found, including where required a ruling upon any disputed question of law ' let us examine the various provisions of the abolition act, relating to the duties and functions of the compensation officer, in the light of the principles enunciated above, in order to determine whether the compensation officer is a court. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP68,1965CriLJ765
..... inference is that the appellant was conscious that he had committed an act which was wrong or contrary to law and that the blood-stained takwa would furnish a clue to the commission of the unlawful act.the appellant did not exhibit any symptoms of any mental disease during the ..... appellant had killed shrimati dhanni, under the delusion, that she had poisoned him in order to live with his younger brother after his death, he cannot escape the criminal responsibility of, his act, as he was a sane man at the time of the commission of the act and knew that what he was doing was a wrong act. ..... of the crime, furnish some of the important clues to ascertain whether the accused was of unsound mind at the time of the commission of the crime and was incapable of knowing the nature of the act, vide ramdulare ramadhin sunar v. ..... settled that every man is presumed to be sane and to possess a sufficient degree of reason to be responsible for his acts unless the contrary is proved. ..... that :--'where a person otherwise sane but labouring under the influence of an insane delusion commits an act of revenge for some supposed grievance or injury, he is nevertheless punishable according to the nature of the crime committed, if at the time he understood that he was committing a wrong and unlawful act.'23. ..... crime, and the pattern of the crime, indicated that the appellant was of sound mind, at the time of the commission of the murder of shrimati dhanni and was capable of knowing the nature of his act.22. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP25
..... any constituency for the scheduled castes in the union territory of himachal pradesh shall be reserved in the assembly constituency of the same name for those castes: (c) every person who immediately before the commencement of this act is a member elected from a constituency to fill a seat in the territorial council of himachal pradesh shall on and from such commencement repre-sent the assembly constituency of the same nanic in the legislative assembly and ..... 1954, and ending with the 31st day of october, 1956, by the lieutenant governor of himachal pradesh in the exercise or purported exercise of the powers conferred on him by section 9 of the government of part c states act, 1951, shall be deemed for all purposes to have been the duly constituted legislative assembly of the new state of himachal pradesh formed under section 3 of the himachal pradesh and bilaspur (new state ..... equally irrelevant is the contention of the learned counsel for ihe petitioner that members of the territorial council were disqualified, under section 14 of the government of union territories act, from being chosen as members of ihe legislative assembly, as they were holding office of profit, under the government of the union territory and could nol be converted into ..... powers conferred on it, by sections 3 and 4 of the extra-provincial jurisdiction act, the central government promulgated the himachal pradesh (administration) order, 1948, for the administration of himacha] pradesh through a chief commissioner. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP44,1965CriLJ356
..... of the learned counsel, for the respondents, was that the indian limitation act did not prescribe any period of limitation for an application for revision, filed under section 93 of the himachal act, and that, therefore, there was no difference between the periods of limitation, prescribed by the indian limitation act and the himachal act and the provisions of section 29 (2) did not apply. ..... filed an application, for revision, under section 93 oi' the himachal pradesh panchayat raj act (hereinafter referred to as the himachal act) before the sub-divisional judge, against their conviction, by the nyaya panchayat. ..... of the learned counsel for the respondents that the provisions of section 29(2) of the indian limitation act are not applicable to the case, in hand, has got no force and is rejected.12. ..... he held that, in view of the provisions of section 85(4) of the himachal act, the indian limitation act was not applicable to an application for revision, against the order of a nyaya panchayat, and that the time, spent, in obtaining the copy of the order of the nyaya panchayat could not ..... by virtue of the povisions of section 29(2) of the indian limitation act, section 12(2) of that act will apply to the resent case, if an application for revision falls within the ambit of ..... the provisions of the above sub-section, section 12(2) will be applicable to art application for revision, filed under section 93 of the himachal act, provided the application comes within the ambit of that section.7. .....
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