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 government, ministry of ..... sethi, 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 1 ..... 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 the court's clemency ..... present appeal 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 no. ..... 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 licenses to ..... ' '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, including all ..... nath, air 1953 sc 431. ..... dated 8-4-1953. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1959HP20
..... so-called cantonment area, however, was not included in the municipal area and there was no notification either under section 4 or under section 5 of the punjab municipal act, as applied to himachal pradesh, including the so-called cantonment area within the jurisdiction of the solan municipal committee. 7. ..... in the end, i may point out that under section 12 of the punjab municipal act (which applies to himachal pradesh) a municipal committee shall consist of members appointed by the government, either by name or by office, or of members elected from among the inhabitants in accordance with rules made under this act, or partly of the one and partly of the other as the government may, by notification ..... another point taken was that the rules framed under the punjab municipal act, as applied to himachal pradesh, do not provide for the publication of the electoral roll and for inviting objections ..... there, in a case, arising out of grant of permits under motor vehicles act, their lordships of the supreme court held that the high court of madras exceeded its powers and jurisdiction in directing the regional transport authority to grant to the petitioner permits in respect of five buses in respect of ..... by an order dated march 12, 1953, the ajmer municipal committee had been suspended and that suspension was to continue till september 11, ..... of india, air 1953 punj 137. ..... on 22-1-1953, by means of a~government notification, the notified area committee, solan, was converted into a second class .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP24
..... in his opinion sub-section (1) of the aforesaid section and the principle underlying the explanation to section 3 of the limitation act were applicable and by virtue of those provisions the arbitration commenced on the date on which the plaint was filed in the office of the secretary and as such the claim was within time. ..... . in the instant case such differences had arisen in september and october 1950 and in any case on 1-9-1953 when the agreement ceased to be operative and prima facie the application under section 20 was barred by the law of limitation. 22 ..... the question as to whether even after the amendment of articles 158 and 178 article 181 governed applications under the code of civil procedure only or applications under provisions of other acts also came up for decision before the punjab high court in the case 'union of india v. ..... in air 1957 all 206, (supra) it was specifically held that it was not the law that an application could not be made under section 20 of the arbitration act unless the other party had refused to refer the dispute to arbitration as provided in chapter ii. ..... even though it was conceded by the learned counsel for the respondents that article 181 of the limitation act governed the application under consideration the question as to whether the aforesaid article applies or not needs some consideration in view of the following observations made by their lordships of the supreme court in the case reported in air 1953 sc 98 at p. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1957HP42,1957CriLJ847
..... observed that: "in an appeal against acquittal, while the high court is free to appreciate the evidence for itself and to act on its own view thereof, when it differs from that of the trial court, it will not do so lightly and will be slow to reverse an acquittal except for strong and compelling reasons''. 8. ..... air 1953 sc 122 (b), zwinglee ariel v. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1957HP52,1957CriLJ1254
..... learned counsel for the respondent, rightly pointed out, that this illustration would apply only if it could be shown, that the act of debnu, in going to simla would have the effect of giving an appearance favourable to himself. ..... words, there must be a chain of evidence so far complete, as not to leave any reasonable ground for a conclusion, consistent with the innocence of the accused and it must be such as to show that, within all human probability, the act must have been done by the accused." 37. ..... in march, 1953, when the question of re-auctioning the grazing rights arose, both ajba, as well as chunchu ram alias chunchu mian (respondent no. ..... that might be so, but on his own showing, he is no better than an accomplice, and, therefore, his testimony would need independent corroboration, before it can be acted upon. ..... sita ram relied upon illustration (e) to section 8 of the evidence act. ..... held that "the statement of witness recorded by an incompetent magistrate (namely a third class magistrate) immediately after the occurrence of an offence can be used to corroborate his subsequent testimony in court under the provisions of section 157, evidence act.'' 16. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1957HP1
..... having been resold to third parties, there is no question of 'any price of the trees' being recoverable from the petitioners.in this connection, he invited my attention to the provisions of section 54(4) of the sale of goods act, which runs as follows:'where the seller expressly reserves a right ofresale in case the buyer should make default, and, on the buyer making default, resells the goods, the original contract of sale is thereby ..... without the authority of law, and that being so, a threat by the state by using the coercivemachinery of the impugned act to realize it fromthe appellant is a sufficient infringement of his fundamental right under article 19(1)(g) and it was clearlyentitled to relief under article 226 of the constitution.the contention that because a remedy under the impugned act was available to the appellant, it wasdisentitled to relief under article 226 stands negativedby the decision of this court in--'state ..... contended that the threatof using coercive machinery against his clients under the provisions ,of the land revenue act and the revenue recovery act would amount to sufficient infringement of their fundamental rights and, consequently, relief under article 226 ..... the time being in force' to be found in the opening sentence of section 98.since, according to learned counsel, the recovery of the sum in question as arrears of land revenue is not covered by section 82, forest act, it was, vehemently, argued that the recovery proceedings are ultra vires. mr ..... .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1959HP14,1959CriLJ973
order22. the result is: while i maintain the conviction of the appellant of an offence under section5(2) of the prevention of corruption act, 1947, ireduce the fine from rs. 400/- to rs. 100/-, indefault one month's rigorous imprisonment. fine,in excess of rs. 100/-, if realised from the appellant, must be refunded to him without delay. thesentence of imprisonment till the rising of thecourt is, however, maintained. subject to this modification, the appeal is rejected.
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1957HP37,1957CriLJ631
..... santa singh, air 1944 lah 339 (d), a pull bench of that high court, with reference to a case under the arms act and the explosive substances act, remarked that: "the words "possession and control" in section 19 (f), arms act, and section 5, explosive substances act, mean something more than mere constructive or legal possession and control. ..... consequently, where incriminating articles under section 19 (f), arms act, and section 5, explosive substances act, are recovered from a place in the occupation or possession of more persons than one and it is not possible to fix the liability on any particular individual, a court is not bound to hold that the said articles were in possession or ..... my attention was also invited to the provisions of section 109, evidence act, which deals with the burden of proof as to the relationship in cases of partners, landlord and tenant, principal and agent. ..... a charge-sheet under section 9(a), opium act, was, however, framed against buti nath. ..... , air 1953 sc 122 (g), zwinglee ariel v. ..... the respondent, buti nath, as well as one dasondhi, alias lilu, were prosecuted by the nahan police of an offence under section 8 (a) of the opium act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP52
..... of the company's accounts by such persons as he may authorize in this behalf, and section 620 empowers the central government to direct by a notification in the official gazette that any of the provisions of the act (other than sections 618, 619 and 639), shall not apply to any government company, or shall apply to any such company, only with such exceptions, modifications and adaptations, as may be specified in the notification.22. ..... at plymouth which formerly belonged to the great western railway but became vested in the british transport commission under the transport act, 1947, and the defendant was the subtenant of some rooms in the house which constituted a separate dwelling within the meaning of the rent restriction act; the plaintiff sued for possession of the room and the defendant claimed the protection of the rent restriction ..... an omnibus company, the shares of which had been acquired by the british transport commission under the transport act, 1947, applied to the licensing authority for the south wales traffic area under section 72(4) of the road traffic act, 1930, for a modification of the conditions attached to their road service licence so as to enable them ..... damodar valley corporation, reported in air 1953 cal 581 it was held that the different provisions of the damodar valley corporation act, 1948 indicated that the corporation had a separate and independent existence and was a different entity from the union or the state governments and that its servants could not .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1957HP67
order13. i allow the second appeal, set aside the decision of the district judge dated 16-1-1954 in appeal no. 50/13 of 1953 and restore that of the subordinate judge, bilaspur, d/-8-8-1953 in suit no. 150 of 1952. in other words, the suit will stand dismissed. the appellant will get his costs here and in the courts below, from the plaintiffs-respondents,
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