Judgment Search Results Home > Cases Phrase: cinematograph act 1918 repealed Court: himachal pradesh Page 1 of about 17 results (0.036 seconds)

Parkash Chand Anand, Mandi and ors. Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : AIR1984HP47

..... the submission was that rule 16-c (b) (i) refers to section 5 of the cinematograph act, 1918 (16 of 1918) which has been, repealed by tlhe cinematograph act, 1952, that such repeal has taken place long prior to the enactment of rule 16-c and that, therefore, the provisions of rule 16-c (b) (i) wherein a reference has been made to the repealed law are unenforceable and that the rule-making authority has misfired itself in enacting the rule ..... 16-c (b)(i) of the himachal pradesh cinemas (regulation) (iiird amendment) rules, 1983, which refers to section 5 of the cinematograph act, 1918 (act no. ..... be that as it may, the cinematograph act, 1952 has in section 3 a provision similar in effect to section 4 of the repealed law though the provisions are not exactly ..... besubject to the condition- (a) xx xxx (b) that the licensee shall not exhibit,--(i) any film other than a film which hasbeen certified as suitable for unrestrictedpublic exhibition by any authority constituted under section 5 of the cinematography act, 1918 (16 of 1918) and whichwhen exhibited, displays the prescribedmark of that authority, and has not beenaltered or tampered with in any way sincesuch mark was affixed thereto; (ii) & (iii) xxxxx (c) & (d) xxxxx these are the material ..... rule does not fall to the ground merely on account of an error op mistake on the part of the draftsman, it would be permissible by way of legal interpretation to read into the sub-clause the words 'section 3 of the cinematograph act, 1952 (act no. .....

Kewal Ram Vs. Bhagwan Dass and anr.

Court : Himachal Pradesh

Reported in : AIR1951HP61

..... to alter that special provision by a subsequent general enactment unless that intention be manifested in explicit language, or there be something which shows that the attention of the legislature had been turned to the special act & that the general one was intended to embrace the special cases provided for by the previous one, or there be something in the nature of the general one making it unlikely that an exception was ..... of the new provinces or merged states an act, ordinance, regulation or other law corresponding to an act, ordinance or regulation specified in the schedule, whether such act, ordinance or regulation is in force by virtue of an order under the extra provincial jurisdiction act, 1947 (xlvii [47] of 1947), or by virtue of any other legislative power, such corresponding law shall upon the commencement of this act,-- (a) in a new province, stand repealed, & (b) in a merged state, stand repealed to the extent to which the law relates ..... if it be supposed for argument's sake, that by section 5, merged states (laws) act, 1949, the himachal pradesh (courts) order, 1948, was repealed, that repeal will not be deemed, in view of the provisiona oi section 6a, general clauses act, 1897, to have affected the continuance of the aforesaid provisions of the himachal-pradesh (courts ..... 21, bengal, agra & assam civil courts act, (xii [12] of 1887) & sections 38 & 39, punjab courts act, (vi [6] of 1918). ..... & 4, extra-provincial jurisdiction act, 1947, & it came into force on 15-8-1918. .....

Ramesh Chand Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2002CriLJ3949

..... the learned trial judge, upon consideration of the evidence led before him while acquitting the accused of the offence under section 3(2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, convicted and sentenced the accused for the offence under section 302, indian penal code, as aforesaid.25 ..... . state of andhra pradesh (1993) 2 scc 684 : 1993 cri lj 1635, has held (para 10) :section 32(1) of the evidence act is an exception to the general rule that hearsay evidence is not admissible evidence and unless evidence is tested by cross-examination, it is not ..... be it stated that the state has not assailed the acquittal of the accused of the offence under section 3{2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, as recorded by the learned trial judge, by way of an appeal under section 378, code of criminal procedure ..... . a dying declaration by itself is an independent piece of evidence and can be acted upon, without seeking any corroboration, if it is found to be otherwise true and ..... on the basis of investigation, the offence under section 3(2)(ii) of the scheduled caste and scheduled tribes (prevention of atrocities) act, 1989, also came to be added.20 ..... emperor (1918) 53 ic 827, patna high court, while dealing with the effect of non-compliance of the provisions of section 356 of criminal procedure code, 1898 (hereafter referred to as 'the old code') which in substance are similar to the provisions of .....

Union of India (Uoi) Vs. Sansar Chand and ors.

Court : Himachal Pradesh

Reported in : AIR1960HP1

..... lr 107-420/54-1 dated 28-6-1955, issued by the himachal pradesh government judicial department empowering all collectors of districts in himachal pradesh to act for the central government in respect of all judicial proceedings.this notification was issued, in exercise of the powers conferred upon the lieutenant-governor, himachal pradesh, by order 27, rule 2 read with central ..... for the appellant, pointed out that the provisions of the essential supplies (temporary powers) act, 1946, were in force at the time the theka was auctioned in favour of respondents ..... there, a division bench of that high court, in considering the scope of section 5 of the limitation act, indicated that: 'wanton negligence on the part of a legal adviser is not a sufficient ground for the exercise of ..... was filed, learned counsel for the appellant overlooked the provisions of the amendment act.i have already referred to the fact that there is some interpolation in note ..... if there was frustration of the adventure, it resulted from the deliberate act of the appellants in selecting the three trawlers for which they desired ..... ' 'the main defence was that through no fault, act or omission on the part of the appellants, the charter party contract became impossible of performance on and after 30-4-1933, and thereupon the appellants were wholly relieved and discharged from the contract ..... air 1918 pat ..... :'the plaintiffs purchased the right to collect toll at two toll gates, hoshangadi and kollur during the official year 1918-19. .....

Satya Dev Bushehari Vs. Ghanshiam

Court : Himachal Pradesh

Reported in : AIR1953HP117

..... for the petitioner argued that the returning officer was a court under the provisions of section 195 of the code.under section 36 of the representation of the people act, which provides for scrutiny of nominations, it is open to the returning officer to refuse any nomination 'after such summary inquiry, if any, as he thinks necessary ..... the respondent filed a recriminatory petition before the election tribunal on 30-5-1952 under section 97 of the act contending that if the petitioner had been the returned candidate his election would have been void because he had committed ..... be predicated of the decision of a returning officer in scrutinizing nomination papers under section 36 of the said act because the law required no judicial approach but a decision even without inquiry. ..... mentioned section and section 92 the tribunal has power to summon and examine witnesses on oath and the provisions of the indian evidence act, 1872, apply in all respects to the trial of an election petition. ..... chandra', air 1918 cal 792 (i);--'khairati ..... not act merely as an advisory body, as was the case under the indian elections offences and inquiries act (39 of 1920), but gives a definitive decision which is final under section 105 of the present act. ..... --'air 1918 cal 792' (i),--'14 cal wn 479' (g) and--'air 1916 ..... before the election tribunal did not start with the filing of the nomination paper in question but when the filing of an election petition under section 81 of the representation of the people act, 1951. .....

Findal Vs. State

Court : Himachal Pradesh

Reported in : AIR1954HP11

..... in any case, a person who administers aconite of such quality and in such quantity to another as results in his death within three hours must be taken to knowthat his act is so imminently dangerous that it must in all probability cause death or such bodily injury as is likely to cause death, and if death ensues, he is guilty of murder, notwithstanding that his intention may not have been to cause death ..... edition, at page 622, of a case of homicidal aconite poisoning where five 'chamar' coolies were poisoned in calcutta by one jitu 'chamar' at the instigation of sanu 'chamar', all being fellow countrymen and friends up to the time of the act, for the mere reason that one of the persons poisoned had a quarrel with jitu 'chamar'. ..... other words, the statement of the deceased held admissible under section 32(1), evidence act related to the contemplated litigation as the cause or motive for the murder. ..... gauri shankar', air 1918 all 283 (j). ..... .true, the statement had been made before the murder, and sundar singh was not near his death when he made the statement, but the application of the aforesaid provision of section 32, evidence act is not subject to these limitations. ..... emperor', air 1918 lah 69 (g), in which in the first column at p ..... was remarked that no example could be more striking of the recklessness of the poisoner, on the one hand, or, on the other, of the small provocation required in some instances to induce the act. ..... patti is, however, admissible under section 32(1), evidence act. .....

Ata Mohammad Vs. Ghera and anr.

Court : Himachal Pradesh

Reported in : AIR1962HP17

..... since a question of title was involved in the case it was open to the learned judge to return the plaint to be presented to a court having jurisdiction to determine that question as provided by section 23 of the provincial small cause courts act but if it did not do so and entertained the suit it could not be said to have exercised a jurisdiction not vested in it. ..... sricharan mandal, reported in 41 iad cas 278 : (air 1918 cal 94(3) was for compensation for wrongfully cutting a tree grown and misappropriating crops raised by the plaintiff on his land and was held to be excepted from the cognizance of a court of small causes but in a later case, ..... 3 were guilty of any penal act.the relevant allegations made in the plaint are that the plaintiffs-respondents nos. ..... the next point that has been urged on behalf of the petitioner is that the present suit was for compensation for an act which is punishable under chapter xvii of the indian penal code and as such it was excepted from the cognizance of a court of small causes in view of article 35 (ii) of the second schedule to the provincial small cause courts act (ix of 1887). .....

Tirath Ram Vs. Chaudhry Mal Mangat Ram

Court : Himachal Pradesh

Reported in : AIR1961HP22

..... to be that the amount at which the relief sought by the plaintiff is valued in the plaint in an account suit, is the only valuation of that suit for purposes of court-fees and according to section 8 of the suits valuation act that is the only value for purposes of jurisdiction.the true effect and purport of section 8 referred to above is to fix the same value for purposes of jurisdiction in respect of the suit as well as the appeal. ..... -fee in a suit for accounts is to be computed according to the amount at which the relief sought is valued in the plaint, and in view of section 8 of the suits valuation act the amount at which the relief sought is valued in the plaint would be the value for purposes of jurisdiction also.according to para 31 of the himachal pradesh (courts) order 1948, an appeal from a decree of a subordinate judge ..... in the last mentioned case, it was held that there was nothing in the court-fees act to indicate that the amount at which the plaintiff valued his relief in an account suit was ..... by the madras high court in ilr 40 mad 1 : (air 1918 mad 998 (2)) (fb) supra.13. ..... the plaintiff of the amount determined by the trial court is beset with practical difficulties which have been noticed in the full bench ruling of the madras high court reported in ilr 40 mad 1 : (air 1918 mad 998 (2)).11. ..... mad 1 : (air 1918 mad 998 (2)) (fb); m. ..... to be determined on the basis of the jurisdictional value stated in the plaint and in accordance with the provisions of the civil courts act.10. .....

Smt. Raj Dulari Vs. Tarsem Singh and anr.

Court : Himachal Pradesh

..... further, he contends that in view of the consistent practice that has been obtaining, the jurisdictional value in a pre-emption suit is governed by the rules framed under section 3 of the suits valuation act and that valuation will determine the forum of appeal also and that the value will not change.5. ..... in this case it had been held that the suits valuation act and court-fees act are purely fiscal enactments and they have no bearing on the question as to which is the proper court for the institution of the suit having regard to the value of property. ..... in that case (supra) the court held that the value of a pre-emption suit relating to land is fixed according to the provisions of the suits valuation act, and the rules made thereunder fix its value once for all. ..... shidappa (air 1918 pc 188). ..... under section 3 of the suits valuation act as amended in its application to himachal pradesh, the state government is required to make rules for determining the value of land for purposes of jurisdiction in the suits mentioned in the court-fees act. ..... in other words, the regulating principles for the purposes of such appeals were not to be found in the court-fees act or the suits valuation act. ..... it is significant that there is no reference here to the provisions of the suits valuation act or to the court-fees act. ..... 10,260/- he has acted in excess of his pecuniary jurisdiction. ..... gurdial singh (air 1960 punj 467) (fb)and on the provisions of section 11 of the suits valuation act. .....

Raj Lal Data Vs. State

Court : Himachal Pradesh

Reported in : AIR1952HP1

..... unus nullus rule of english law which the learned counsel was pro-pounding, the rule that one is equal to none, has been done away with by section 134, indian evi-dence act, which lays down the general rule applicable to all cases that no particular number of witnesses shall in any case be required for the 'roof of any fact. ..... follows :'all that is necessary for the application of the section is that the 'gratification' should have been offered as a motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show favour or disfavour to any person, or for rendering or forbearing to render any service or disservice to any person. ..... and the remaining nine defective ones be returned to the revenue authorities through the petitioner for verification, the head clerk was not in a position, and had not in his power, to do the alleged official act, favour or service to the petitioner, that is, to forward all the fourteen applications to the range officer for marking the trees. ..... accordingly even though the head clerk may not nave been in a position to do the official act in question, the petitioner was guilty of the offence punishable under section 161, read with section 116, i. p. ..... on the other hand, despite the universal nature of the provisions of section 134, indian evidence, act, there are certain classes of cases in which from the very nature of those cases courts in india have followed the said english rule as a rule of caution and prudence, ..... 1918 lah .....