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Judgment Search Results Home > Cases Phrase: delhi anatomy act 1953 Court: himachal pradesh Page 11 of about 246 results (0.086 seconds)

Jun 24 1999 (HC)

State of Himachal Pradesh Vs. Madan Lal

Court : Himachal Pradesh

Reported in : 1999CriLJ4833,II(2000)DMC77

..... and that demand could not be fulfilled by the parents of the deceased and also that kiran bala when went to delhi on 31-8-1992, she stayed/ slept in one room with his friend and that as he was in entertaining suspicion about her chastity, therefore, accused-respondent had committed ..... the learned deputy advocate-general has tried to take the help of provision of section 106 of the indian evidence act, 1872 and urged that the fact of catching fire on the body of kiran bala was within the knowledge of the accused-respondent and the burden of proving that fact would lie on him as to ..... was concealed by accused-respondent some where and lateron without informing his in-laws, she was brought back by him from delhi from the house of his friend thereby concealing the where abouts of smt. ..... the accused-respondent has stated that kiran bala had gone to delhi about one month prior to her death without informing him and he went to nangal and enquired from her parents about ..... remained in one room for two nights with his friend at delhi, yet he has not made any such allegation against his wife ..... in that case, the accused was found guilty of committing sexual intercourse followed by act of throttling of a girl on the basis of the evidence supported by extra-judicial confession ..... kiran bala without telling anybody went to delhi and he also visited delhi in search of her and after getting the work done in the university, he brought her ..... madhya pradesh air 1952 sc 343 : (1953 cri lj 129), kutuhal yadav v. .....

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Mar 10 1971 (HC)

Moti Vs. Roshan and ors.

Court : Himachal Pradesh

Reported in : AIR1971HP5

..... it appears that, under paragraph 32 of the himachal pradesh (courts) order, 1948, read with section 17 of the delhi high court act, 1966, and sections 23 and 25 of the state of himachal pradesh act, 1970, a second appeal lies on questions of law as well as of fact when the judgment and decree of the trial court is reversed by the first appellate court and the value of the subject-matter, where it is land ..... although the senior subordinate judge, chamba, who tried the suit, framed an issue on adverse possession governed by article 144, limitation act only, and, thereby placed the burden of proving such adverse possession upon the defendants, the first issue framed relates to the alleged right and title of the plaintiff as owner and the ..... found that he was in fact not in possession but had been dispossessed, technically speaking the suit would fall under section 42, specific relief act, and would be dismissed on the ground that he had omitted to ask for a consequential relief and had failed to prove his case. ..... illegal and not in accordance with the procedure laid down by order 21, rule 35, civil procedurecode, read with section 141 of the punjab land revenue act, which had been applied to himachal pradesh by himachal pradesh (application of laws) order, 1948. ..... 1953, which runs as follows:--'an entry made in a record of rights in accordance with the law for the time being in force, or an annua_l record in accordance with the provisions of this chapter and the rules thereunder, shall be .....

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Jul 28 1972 (HC)

Brij Lal Vs. Bakshi Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1973HP4

..... it is not disputed by the learned counsel for the appellant that a compromise had been arrived at between the parties in the declaratory suit filed by the present plaintiffs in tine year 1953, but according to him the decree in respect of one-fourth share which was agreed to be given to the plaintiffs under the terms of the compromise was to take effect alter the death of sunder ..... plaintiffs have come to the court to enforce their rights for possession on the basis of the decree granted on january 14 1953, which they have styled as a declaratory decree as is apparent from para 4 of the plaint. ..... she is admittedly the heir under the hindu succession act in the absence of any other heirs to succeed to the estate of ..... learned single judge held that the compromise which was arrived et between the parties on january 14, 1953, clearly stated that-'after the death of sunder. ..... passed by a learned single judge of the delhi high court, himachal bench, simla, whereby the appeal of the defendant was dismissed and the order of the district judge reversing the judgment and decree of the trial court dismissing the suit ..... under section 8 of the hindu succession act she being the nearest their of sunder is entitled to succeed and therefore, the plaintiffs have got no locus standi ..... p-5/a), dated january 15, 1953, which was entered into between the present plaintiffs and the defendant shows that brij lal donee was given the rights of absolute ownership in one-half of the suit land whereas it was .....

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Jan 09 1991 (HC)

Tara Dutt and ors. Etc. Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 1991CriLJ3339

..... 'the observations made by the supreme court make it clear that at the stage at which the magistrate is to decide whether he is to act under section 203 or section 204 of the code he is to apply his judicial mind to the material before him and has to come to judgment whether or not he is to issue process and if so against which of the accused and for ..... dattatrava dulaji ghadigaonkar, air 1960 sc 1113 : (1960 cri lj 1499) referred to in this judgment of the delhi high court was a case in which the magistrate had dismissed a complaint under section 203, cr.p.c. ..... state of bombay, air 1953 sc 325 : (1953 cri lj 1432) is inappropriate. ..... , relying upon the decision of the delhi high court in manohar lal sharma v. ..... a prima facie case is made out under sections 120-b, 420, 468 of the indian penal code and section 5(2) of the prevention of corruption act against all the accused. ..... of the delhi high court. ..... high court set aside that order, on a revision petition filed by the state of maharashtra, and directed the magistrate to frame charges against the accused under section 120-b, ipc and section 7 of the essential commodities act. .....

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Jun 24 1993 (HC)

Ruli Ram (Deceased) Through L.R. and ors. Vs. Amar Singh

Court : Himachal Pradesh

..... case, the ratio of the aforementioned judgment of chander sen's case will not apply, since what is claimed by the learned counsel for the tenant herein is that prior to the coming into force of the succession act, in the final decree passed in the year 1951, ruli ram got a share in the coparcenary property, which in his hand as karta of the joint hindu family property was ancestral qua his sons, who got ..... in these circumstances, on both the scores, there is no ground to interfere with the findings of fact recorded by the rent controller in his order dated 23rd january, 1993, that after the commencement of the act neither ruli ram, nor his heirs, who have been brought on record in the concerned eviction petition as his legal representatives acquired vacant possession of any residential accommodation, reasonably sufficient for their requirement. 27. ..... the provisions of both the enactments were pan materia with those of the delhi and ajmer rent control act, 1952 as also of the delhi rent control act, 1958, which came up for consideration in the aforementioned two judgments. ..... : [1968]67itr364(all) that the income from the assets inherited by son from his father from whom he has separated by partition can be assessed as income of the son individually since under section 8 of the succession act, the property of the father, who dies intestate devolve on his son in his individual capacity and not as karta of his own family. 25. ..... the same are for the period from 1953 to 28th february, 1964. .....

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Mar 29 1977 (HC)

Eastern Commercial Corporation Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : AIR1977HP74

..... shall be made to the court where the award has been, or may be filed, and to no other court(4) notwithstanding anything contained elsewhere in this act or in any other law for the time being in force where in any reference any application under this act has been made in a court competent to entertain it, that court alone shall have jurisdiction over the arbitration proceedings and all subsequent applications arising out of ..... agreement between the parties the high court of calcutta in that case considered the question whether the proviso which is attached to section 41 of the indian arbitration act would come into operation, and whether it would be open to the court, in view of that proviso, to pass any order for the appointment of receiver ..... decision the madhya pradesh high court observed aa under:--'the arbitrators have not been vested by the act with any power to grant interim orders for the protection and safety of the subject-matter ..... (2) notwithstanding anything contained in any other law for the time being in force and save as otherwise provided in this act, all questions regarding the validity, effect or existence of an award or an arbitration agreement between the parties to the agreement or persons claiming under them shall be decided by the court in which the ..... , the claimants had raised a preliminary objection challenging the jurisdiction of this court and contending that it was the high court of delhi which had jurisdiction to entertain such applications. ..... in air 1953 sc 313 .....

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Sep 05 1977 (HC)

Union of India (Uoi) and anr. Vs. Vishwanath Sud and anr.

Court : Himachal Pradesh

Reported in : AIR1978HP31

..... is also a term of this contract that no person other than a person appointed by the chief engineer, himachal pradesh public works department should act as arbitrator and, if for any reason, that is not possible, the matter is not to be referred to arbitration at all. ..... arbitrator unto whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, the chief engineer, himachal pradesh public works department at the tune of such transfer, vacation of office or inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the contract. ..... grounds for interfering with an award are detailed in section 30 of the arbitration act, and we are not satisfied that any provision of that section is attracted. ..... contractor applied under sections 15 and 16 of the indian arbitration act for a modification of the award in respect of items nos. ..... subject as aforesaid the provisions of the arbitration act, 1940, or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceeding under this ..... the appeal filed by the government, the principal contention is that the learned single judge erred in holding that the arbitrator acted outside his powers in awarding the sum of rs. ..... bodh raj, air 1953 punj 50 and great american insurance ..... government filed objections under sections 30 and 33 of the act and prayed that a sum of rs. ..... delhi. .....

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May 26 1976 (HC)

Khyali Ram Etc. Vs. Mast Ram Etc.

Court : Himachal Pradesh

Reported in : AIR1977HP41

..... thelearned counsel for the appellant contendsthat the appellant is entitled to the refundof the costs because the decree passed inthe suit in the year 1953 stood varied byoperation of law, inasmuch as the panchayat had become the owner of the property and it was only the panchayatwhich could execute the decree and ..... before the district judge during the course of arguments an objection was taken by the judgment-debtor that the punjab village common land (regulations) act 1961 which had come into force with effect from 22-4-1961 had vested the land of which the possession had been delivered to the decree-holder in ..... the high court by its order, dated 22-2-1964 allowed the appeal holding that in view of the provisions of the act of 1961 the shamilat tikka land, which had been declared to be shamilat deh by virtue of the insertion of clause (g) of section 2 of the act of 1961 had vested in the panchayat and, therefore, the proprietors had ceased to have interest in it and as such the decree-holder cannot claim possession of the ..... respondents also cited a few authorities to substantiate his viewpoint that by virtue of enforcement of the act of 1961 by which the land had vested in the .panchayat did not render the decree ..... before the punjab high court on 29-4-1966, which appeal after the re-organisation of the erstwhile state of punjab was transferred to the judicial commissioner's court and then to the delhi high court (himachal bench) and which has now come up before this court. .....

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Aug 29 1980 (HC)

The Nalagarh Dehati Co-operative Transport Society Ltd., Nalagarh Vs. ...

Court : Himachal Pradesh

Reported in : AIR1981HP1

..... when, however, the court disposes of a case without adverting to or applying its mind to a provision of law which gives it jurisdiction to act in a particular way, that may amount to an error analogous to one apparent on the face of the record sufficient to bring the case within the purview of order 47, rule 1, civil procedure code.'11. ..... it was, inter alia, contended that clause 1 (a) of section 87 of the act having been deleted by the himachal pradesh cooperative societies (amendment) act, 1972, the award could no longer be executed as a decree. ..... under section 55 of the punjab cooperative societies act, 1961 (the 'act') the respondents raised disputes with the petitioner. ..... 1953 when the 1952 act came into force. ..... however, the explanation added by act 104 of 1976 to rule 1 of order xlvii. ..... delhi administration, air 1959 sc 609; decision of the supreme court in bhavan vaja v. ..... under section 63 (a) of the act the awards could be executed as decrees of a civil court. ..... the learned judge negatived the contention in view of section 4 (e) of the himachal pradesh general clauses act, 1968. ..... zamindars' debt reduction act. .....

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Sep 28 1977 (HC)

Siri Ram Vs. Pritam Singh

Court : Himachal Pradesh

Reported in : AIR1978HP30

..... learned counsel for the appellant contends that the notice terminating the tenancy is invalid because the provisions of section 106 of the transfer of property act require that the notice period should terminate with the month of the tenancy, and in this case, it is said, the tenancy month closed on the 8th may 1973 while the notice allowed the appellant ..... there can be no doubt that insofar as section 106 of the transfer of property act requires prior notice to the tenant informing him that his tenancy is being terminated, the requirement is reasonable and just. ..... it was incorporated in himachal pradesh by virtue of the punjab reorganisation act, 1966, under section 88 of that act, the laws in force in that area before its incorporation in himachal pradesh continue in force even thereafter. ..... now, there can be no dispute that the transfer of property act has not been applied as such to the territory of the erstwhile state of punjab, and the courts have confined themselves to applying the principles embodied therein insofar as they can be said to be founded in justice, equity and ..... joti parshad 1968 delhi lt 182 and it was laid down by the learned judges that the rule embodied in section 106 of the t. p. ..... the law declared by the supreme court has been followed by the delhi high court in. c. l. ..... narmadabai air 1953 sc 228, the supreme court declared that all the provisions of sections 105 to 116 of the t. p. .....

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