Array ( [0] => ..... authority is indu bhushan mitra v. sudhakar choudhury. (air 1957 cal 106). this authority has been cited to show that the doctrine of lis pendents as embodied in section 52, transfer of property act. does not mean that a transfer pendente lite is either illegal or void. what it means is that it is only voidable to the extent that it affects ..... , the successor to the land takes the whole bundle of the rights which go with the land including the right of preemption. in view of section 306 of the succession act. the right of pre-emption under section 15 (i) (a) does not abate with the death of the pre-emptor. so according to him there is a distinction between voluntary devolution ..... appellant-petitioner has also cited hazari v. neki. (air 1968 sc 1205) to show that in the case of a right of pre-emption under section 15 (i) (a) of the punjab pre-emption act (punjab act i of 1913) it is a personal right in the sense that the claim of the pre-emptor depends upon the nature of his relationship with ..... [1] => ..... . pl) of the accused recorded by the magistrate. 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. we have given our careful consideration to this aspect of the case. the statement of the accused no doubt amounted to ..... 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. the learned state counsel brought to our notice natesen. accused air 1960 mad 443 : 1960 ..... cri lj 1340. but in that case as well, such a confession which had not followed the procedure of section 164 was not held valid and was not ..... [2] => ..... he was removed to the hospital where another head constable recorded his statement and that statement was challenged by the defence on the ground that the same was hit by section 162. it was held in that case that the latter statement being the dying declaration made to a police officer during the course of investigation is taken out of the ..... prosecutrix does not inspire confidence that she was not willing and she was raped without her consent. from the circumstances, it appears that she was a consenting party to the act of coitus, committed by the two accused. if she had been quite unwilling there was no reason why she should not have cried out or tried1 to istruggle. it is ..... there was no injury-mark either on the bodies of the accused or on the body of the prosecutrix. according to her. she was not a willing party to this act of coitus. first lachhman singh came there, he untied the string of her trouser and it appears that she yielded without any resistance and when he had gone then she ..... [3] => ..... person who is not under arrest or who merely apprehends a possible arrest and that the addition of the words 'or suspected of the commission of' in section 497 by the amending act no. 26 of 1955 does not in any wav enable the court to grant anticipatory bail to a free person. these words and the words 'in ..... 2.5.1971 before the special judge, mandi and they had contended before him that a case under sections 420, 467. 468. 471 and 120-b of the indian penal code and section 5(d) of the prevention of corruption act had been registered against them and that the police was likely to arrest them at any moment and that ..... chapter xxxix deal with matters ancillary or subsidiary to those provisions-therefore, the power under section 498 is clearly supplementary or subsidiary to those two sections. this implies that section 498 does no confer any extraordinary powers not possessed by a court while acting under section 497. it had been pointed out by their lordships in the aforesaid case that chapter ..... [4] => ..... dispose of minor minerals found underneath the lands.6. before adverting to the respective contentions of the parties, it appears appropriate to set out section 42 (2) of the puniab land revenue act-'42 (2). when in any record-of-rights completed after that date it is not expressed provided that any forest or quarry or any ..... contend that sand stones and bajri have been excluded from the record of rights prepared in the settlement of 1918 end in view of section 42 (2) of the punjab land revenue act the presumption of ownership arises in their favour. as such the respondents not being the owners of the minor minerals could not make any ..... be restrained from extracting the minor minerals.4. according to the petitioners the respondents have issued directions for granting leases by public auctions under section 15 (1) of the minor minerals (regulations and development) act, 67 of 1957. the respondents in fact, have no jurisdiction according to them to grant such mining leases. in this manner the ..... [5] => ..... advocate-general that a presumption arises against the accused because they refused to appear in a test identification parade. the presumption can only be under section 114 of the evidence act. it may be presumed that the witnesses would have correctly identified the two accused, but between 'may presume' and 'must presume', there is ..... two accused at that time, it was nothing else but the statement of sulekh chand before the police made during investigation. such a statement was inadmissible under section 162, cr. p. code. therefore, sulekh chand was rightly disbelieved by the learned trial judge.27. it was then stated that the recovery witnesses should ..... the two murders were committed. the person or persons who causedi these injuries definitely intended to cause' their deaths and the offence committed was of murder under section 302, i. p. code.12. the learned sessions judge had before him only circumstantial evidence. the law on circumstantial evidence is fairly well settled. where ..... [6] => ..... accepted by the learned district judge and the appeal was dismissed and then an appeal was taken to the high court. 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 ..... it is the relief asked for, and the value fixed in the amended plaint which determine the nature and forum of the suit as well as of appeal under section 39, punjab courts act. 8. in abdul majid v. ala bux, (air 1925 all 376). the subject-matter of the suit for purposes of jurisdiction and payment of court-fee was ..... court that the value of the subject-matter of the original suit was rs. 8,000, for which the subordinate judge had claimed a decree and, therefore, under section 30 (1). punjab courts act. appeals against the decree whether instituted by the plaintiff for enhancement of the decretal amount or by the defendant for the total dismissal of the suit lay to ..... [7] => ..... other circumstances which have been established.21. the suggestion made by the defence that the deceased got arrested one sharamjit and also a few persons under section 34 of the police act and so had other enemies held no water. the deceased was rather popular amongst the people and that is the evidence on the record. several other ..... . the accused did not produce any defence.12. the learned sessions judge believed the prosecution evidence and convicted the accused for murder and sentenced him to death under section 302, i.p code.13. the foremost argument advance. ed by the learned counsel for the applicant accused was that the two eyewitnesses should not have been believed ..... the death was never caused by rash or negligent act which did not amount to culpable homicide and therefore, the possibility of the application of section 304-a is ruled out as we have already stated the offence is formulated under section 302, i.p.c. and not under section 304 or section 304. a of that code.23. as to ..... [8] => ..... provisions so re-enacted. it is not disputed that there is no new notification issued under the provisions so re-enacted and from the comparison of the sections of the two acts it is also clear that there is no inconsistency. therefore. this notification shall be deemed to continue to apply to the said building till the 26th december ..... premises. therefore, it cannot be doubted that the decree is executable.10. it has further been contended by the learned counsel for the appellant that under section 2 (i) of the himachal pradesh act. which came into force on the 5th november. 1921, a 'tenant' means any person by whom or on whose account rent is payable for a ..... the period under the lease was for one year, due to expire on 6th december 1967. on 15th may. 1967, the landlady gave a notice under section 106 of the transfer of property act determining the tenancy. the tenant having failed to vacate the premises, she instituted a suit for his eviction on 29th december. 1967. since the building was ..... [9] => ..... india rules, 1962, and the license was renewed from year to year until the year 1967. thereafter the license, it is said, was renewed under section 27 of the gold control act, 1968, it is presently valid for the year 1972. on july 25, 1971, the following endorsement was made by the licensing authority:'permitted movements of ..... the legislature. in biswanath v. sudhir, air 1961 cal 389, the calcutta high court held that a trade license to hawkers under sections 218 and 219 of the calcutta municipal act did not confer any right on them to encroach on public streets and footpaths, and that neither the police authorities, nor the corporation, and not ..... has been abridged although the petitioner has given no reason within the contemplation of the act for such modification of his license. in our opinion, the contention is without substance.3. section 27, (1) of the gold control act (hereinafter referred to as 'the act') prohibits a person from carrying on business as a dealer unless he holds a ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Himachal Pradesh - Page 10 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: himachal pradesh Page 10 of about 911 results (0.049 seconds)

May 01 1972 (HC)

Sobha Ram and ors. Vs. Bahadur Singh and ors.

Court : Himachal Pradesh

Reported in : AIR1973HP44

..... authority is indu bhushan mitra v. sudhakar choudhury. (air 1957 cal 106). this authority has been cited to show that the doctrine of lis pendents as embodied in section 52, transfer of property act. does not mean that a transfer pendente lite is either illegal or void. what it means is that it is only voidable to the extent that it affects ..... , the successor to the land takes the whole bundle of the rights which go with the land including the right of preemption. in view of section 306 of the succession act. the right of pre-emption under section 15 (i) (a) does not abate with the death of the pre-emptor. so according to him there is a distinction between voluntary devolution ..... appellant-petitioner has also cited hazari v. neki. (air 1968 sc 1205) to show that in the case of a right of pre-emption under section 15 (i) (a) of the punjab pre-emption act (punjab act i of 1913) it is a personal right in the sense that the claim of the pre-emptor depends upon the nature of his relationship with .....

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May 12 1972 (HC)

The State Vs. Lobsang Sharap

Court : Himachal Pradesh

Reported in : 1973CriLJ85

..... . pl) of the accused recorded by the magistrate. 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. we have given our careful consideration to this aspect of the case. the statement of the accused no doubt amounted to ..... 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. the learned state counsel brought to our notice natesen. accused air 1960 mad 443 : 1960 ..... cri lj 1340. but in that case as well, such a confession which had not followed the procedure of section 164 was not held valid and was not .....

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May 19 1972 (HC)

Lachhman and anr. Vs. State

Court : Himachal Pradesh

Reported in : 1973CriLJ1658

..... he was removed to the hospital where another head constable recorded his statement and that statement was challenged by the defence on the ground that the same was hit by section 162. it was held in that case that the latter statement being the dying declaration made to a police officer during the course of investigation is taken out of the ..... prosecutrix does not inspire confidence that she was not willing and she was raped without her consent. from the circumstances, it appears that she was a consenting party to the act of coitus, committed by the two accused. if she had been quite unwilling there was no reason why she should not have cried out or tried1 to istruggle. it is ..... there was no injury-mark either on the bodies of the accused or on the body of the prosecutrix. according to her. she was not a willing party to this act of coitus. first lachhman singh came there, he untied the string of her trouser and it appears that she yielded without any resistance and when he had gone then she .....

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Jul 07 1972 (HC)

State Vs. Om Parkash Etc.

Court : Himachal Pradesh

Reported in : 1973CriLJ824

..... person who is not under arrest or who merely apprehends a possible arrest and that the addition of the words 'or suspected of the commission of' in section 497 by the amending act no. 26 of 1955 does not in any wav enable the court to grant anticipatory bail to a free person. these words and the words 'in ..... 2.5.1971 before the special judge, mandi and they had contended before him that a case under sections 420, 467. 468. 471 and 120-b of the indian penal code and section 5(d) of the prevention of corruption act had been registered against them and that the police was likely to arrest them at any moment and that ..... chapter xxxix deal with matters ancillary or subsidiary to those provisions-therefore, the power under section 498 is clearly supplementary or subsidiary to those two sections. this implies that section 498 does no confer any extraordinary powers not possessed by a court while acting under section 497. it had been pointed out by their lordships in the aforesaid case that chapter .....

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Jul 11 1972 (HC)

Gram Panchayat and anr. Vs. State and ors.

Court : Himachal Pradesh

Reported in : AIR1973HP7

..... dispose of minor minerals found underneath the lands.6. before adverting to the respective contentions of the parties, it appears appropriate to set out section 42 (2) of the puniab land revenue act-'42 (2). when in any record-of-rights completed after that date it is not expressed provided that any forest or quarry or any ..... contend that sand stones and bajri have been excluded from the record of rights prepared in the settlement of 1918 end in view of section 42 (2) of the punjab land revenue act the presumption of ownership arises in their favour. as such the respondents not being the owners of the minor minerals could not make any ..... be restrained from extracting the minor minerals.4. according to the petitioners the respondents have issued directions for granting leases by public auctions under section 15 (1) of the minor minerals (regulations and development) act, 67 of 1957. the respondents in fact, have no jurisdiction according to them to grant such mining leases. in this manner the .....

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Aug 02 1972 (HC)

State Vs. Lavinder Singh and anr.

Court : Himachal Pradesh

Reported in : 1973CriLJ1023

..... advocate-general that a presumption arises against the accused because they refused to appear in a test identification parade. the presumption can only be under section 114 of the evidence act. it may be presumed that the witnesses would have correctly identified the two accused, but between 'may presume' and 'must presume', there is ..... two accused at that time, it was nothing else but the statement of sulekh chand before the police made during investigation. such a statement was inadmissible under section 162, cr. p. code. therefore, sulekh chand was rightly disbelieved by the learned trial judge.27. it was then stated that the recovery witnesses should ..... the two murders were committed. the person or persons who causedi these injuries definitely intended to cause' their deaths and the offence committed was of murder under section 302, i. p. code.12. the learned sessions judge had before him only circumstantial evidence. the law on circumstantial evidence is fairly well settled. where .....

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Aug 03 1972 (HC)

Municipal Committee Vs. Gurdial Singh and ors.

Court : Himachal Pradesh

Reported in : AIR1973HP64

..... accepted by the learned district judge and the appeal was dismissed and then an appeal was taken to the high court. 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 ..... it is the relief asked for, and the value fixed in the amended plaint which determine the nature and forum of the suit as well as of appeal under section 39, punjab courts act. 8. in abdul majid v. ala bux, (air 1925 all 376). the subject-matter of the suit for purposes of jurisdiction and payment of court-fee was ..... court that the value of the subject-matter of the original suit was rs. 8,000, for which the subordinate judge had claimed a decree and, therefore, under section 30 (1). punjab courts act. appeals against the decree whether instituted by the plaintiff for enhancement of the decretal amount or by the defendant for the total dismissal of the suit lay to .....

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Aug 04 1972 (HC)

State Vs. Ram Singh

Court : Himachal Pradesh

Reported in : 1973CriLJ150

..... other circumstances which have been established.21. the suggestion made by the defence that the deceased got arrested one sharamjit and also a few persons under section 34 of the police act and so had other enemies held no water. the deceased was rather popular amongst the people and that is the evidence on the record. several other ..... . the accused did not produce any defence.12. the learned sessions judge believed the prosecution evidence and convicted the accused for murder and sentenced him to death under section 302, i.p code.13. the foremost argument advance. ed by the learned counsel for the applicant accused was that the two eyewitnesses should not have been believed ..... the death was never caused by rash or negligent act which did not amount to culpable homicide and therefore, the possibility of the application of section 304-a is ruled out as we have already stated the offence is formulated under section 302, i.p.c. and not under section 304 or section 304. a of that code.23. as to .....

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Sep 22 1972 (HC)

Bhagat Ram Vs. Smt. Lilawati Galib

Court : Himachal Pradesh

Reported in : AIR1973HP57

..... provisions so re-enacted. it is not disputed that there is no new notification issued under the provisions so re-enacted and from the comparison of the sections of the two acts it is also clear that there is no inconsistency. therefore. this notification shall be deemed to continue to apply to the said building till the 26th december ..... premises. therefore, it cannot be doubted that the decree is executable.10. it has further been contended by the learned counsel for the appellant that under section 2 (i) of the himachal pradesh act. which came into force on the 5th november. 1921, a 'tenant' means any person by whom or on whose account rent is payable for a ..... the period under the lease was for one year, due to expire on 6th december 1967. on 15th may. 1967, the landlady gave a notice under section 106 of the transfer of property act determining the tenancy. the tenant having failed to vacate the premises, she instituted a suit for his eviction on 29th december. 1967. since the building was .....

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Nov 09 1972 (HC)

Girdharilal Vs. the Assistant Collector, Central Excise Division

Court : Himachal Pradesh

Reported in : AIR1974HP26

..... india rules, 1962, and the license was renewed from year to year until the year 1967. thereafter the license, it is said, was renewed under section 27 of the gold control act, 1968, it is presently valid for the year 1972. on july 25, 1971, the following endorsement was made by the licensing authority:'permitted movements of ..... the legislature. in biswanath v. sudhir, air 1961 cal 389, the calcutta high court held that a trade license to hawkers under sections 218 and 219 of the calcutta municipal act did not confer any right on them to encroach on public streets and footpaths, and that neither the police authorities, nor the corporation, and not ..... has been abridged although the petitioner has given no reason within the contemplation of the act for such modification of his license. in our opinion, the contention is without substance.3. section 27, (1) of the gold control act (hereinafter referred to as 'the act') prohibits a person from carrying on business as a dealer unless he holds a .....

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