Court : Himachal Pradesh
Reported in : AIR1952HP35
..... for the city of bombay v. govind laxman', air (36) 1949 bom 229 is still more specific on the point, for it lays down as follows:'under section 45, specific relief act, in order to satisfy the first proviso a party must have some interest in property, franchise or personal right, the injury to which alone would entitle him ..... right has been infringed should only come to court by way of a suit since filing of suit is not as efficacious a remedy as an application under section 45 of the specific relief act. he also cited 'dorman long and co. ltd v. jagadeeshchanda mahindra', 62 cal 596; 'khurshed mody v. rent controller bombay', air (34) 1947 bom 46 ..... redress for an injury done to his property, and the title which would be equally necessary to make a petition under section 45 maintainable.'and again, while comparing the remedies by way of an application under section 45, specific relief act, and by way of a suit: 'the title which the petitioner or the plaintiff has to establish, the interest .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP51
..... the pleadings of the parties and it was incumbent on the trial court to frame that issue in view of the clear provisions of the proviso to section 42 of the specific relief act. in view of that proviso, before the court could grant the discretionary relief of declaratory decree to the plaintiff it was necessary for it to find ..... whole of british india including british baluchistan and sonthal parganas but excluding burma. in view of the definition of 'british india' in section 3, clause (7) of the general clauses act (x (10) of 1897), the act in question did not apply when promulgated to what were then described as the native states of india. that being so, although the ..... mere correction of any entry in a record of rights, annual record or register of mutations, as provided by section 158(2) (vi), punjab land revenue act, 1887. on the contrary, it was a suit under section 45 of that act by a person considering himself aggrieved as to a right, of which he professed to be in possession by an .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP46
..... kept in the course of business, formal proof of the entries serving to make out the allegation would not have been necessary in view of the provisions of section 34, evidence act. even then those entries would not alone have been sufficient evidence to charge any person with liability. in order to fix the liability upon the respondent it ..... (after referring to the evidence on the point his lordship proceeded:) that being so, even formal proof of the entries could not be dispensed with under section 34 of the evidence act.all that the prosecution did in this case was to produce paras ram who repeated the deductions contained in his report. his testimony did not, however, ..... desirable.10. i am not oblivious of the alternative of directing additional evidence to be taken under section 428, criminal p. c. there are, however, two reasons why i am not adopting that course. in the first place, the acts of omission on the part of the prosecution are so many and varied that it is not possible .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP74
..... untenability of the plea.furthermore, the state is entitled to do so by referring to the punjab excise powers and appeal orders, passed by the punjab government under section 4, opium act, and to any notifications issued by the government of himachal pradesh applying those orders to this state under para. 5 of the himachal pradesh (application of laws ..... no jurisdiction to entertain the private complaint. proceedings in the present case were, however, not initiated on a private complaint but on a police report, as required by section 20 of the act. this ruling has also, therefore, no application. lastly, the emperor v. mahomed usman, a. i. r. 1933 sind 325 case has no bearing on the ..... arrest having in the present case been made by officers of the opium department who had not been authorised in that behalf by the state government under section 14 of the act but before i consider this question, it will be convenient to take up the other defect, pointed out above, which is said to have deprived .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP81
..... on 22-7-1951 ranjit singh was trying to provide evidence which would tend to give to the facts an appearance favourable to himself, vide illustration (e) to section 8, evidence act.44a. to sum up, the voluntary and true confessions, the statement of the eye-witness shibbi who was admittedly present at the time of the occurrence, the ..... ranjit singh in this case), which the opposite party is entitled to do due to the facts elicited being relevant, it would be an improper exercise of discretion under section 154, evidence act, for the court to refuse the party calling the witness to cross-examine him on the facts so elicited, amrita lal hazra v. emperor, 42 cal. 957 ..... under the code for the collection of evidence. i have already referred in another connection to a part of the definition of the term evidence as given in section 3, evidence act. it says that evidence means and includes all statements which the court permits or requires to be made before it by witnesses in relation to matters of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP68
..... the recoveries were made between 12-9-1948 and 15-10-1948.in order that any presumption against the appellant could arise under illustration (a) to section 114, evidence act, the recoveries should have been recent. as to what is recent possession, the question must depend upon the facts and circumstances of each case. one ..... information received from the accused and that on being pointed out by the accused himself fall equally under the exception contained in section 27, evidence act, and therefore escape the mischief of section 25 of that act and of section 162, criminal p. c., but, unless there is some special reason for recovering the article on an information previously ..... they follow the discovery and do not lead to it. that being so, the oral and documentary evidence relating to such proceedings is barred by section 25, evidence act and section 162, criminal p. c. that is why identification proceedings are conducted by magistrates and in the absence of the police. not only did the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP15
..... must now be taken to be that the circumstances of each particular case should be examined to see whether such advice gives rise to sufficient cause within section 5 of the limitation act. what is the standard of care and diligence required of a counsel in such cases has not been specifically laid down in, but is deductible from, ..... judge knowing that the appeal would probably be removed into the high court may reasonably have preferred (sic) that the high court should decide the question under section 5 of the act.'it appears that the word preferred is a misprint for inferred. again, their lordships observed in the other ruling as follows:'mistaken advice given by a legal ..... apparent from the fact that the appeal in the court of the district judge was presented by the appellants' counsel, sri amar chand sud.3. now section 14 of the limitation act is not in terms applicable since it does not speak of an appeal, but exclusion of time of proceeding bona fide taken in court without 'jurisdiction .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP61
..... the chief commissioner in the forest department sent a communication to the magistrate on 30-3-1951, and enclosed therewith the requisite sanction of the chief commissioner under section 197, criminal p. c. it is noteworthy that this sanction is dated 30-3-1951 although it had been mentioned in the first information report dated 2- ..... dates the magistrate addressed a letter on 27-3-1951 to the chief conservator of forests, drawing his attention to the fact that sanction of the chief commissioner under section 197, criminal p. c., was necessary and that, although referred to in the first information report, the same had not been filed either by the addressee ..... the sanction in question is quite irrelevant for the disposal of the present application. the argument put forward by the learned counsel for the petitioner was that in acting, as the learned magistrate did, in order to secure the sanction he arrogated to himself the functions of a prosecutor. the explanation of the magistrate is that .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP49
..... .(3) it was strenuously contended by the learned counsel for the objector-petitioner that this is a fit case for interference by this court, because the learned subordinate judge has, acted with material irregularity in exercise of his jurisdiction in going into the question of title. a number of rulings were cited by him in support of his contention, but i ..... as the court deciding the objection has complied with the above provision, even though in doing so he may have arrived at erroneous findings, it cannot be said to have acted with material irregularity in the exercise of its jurisdiction, and there would therefore be no ground for interference by this court in revision. there is nothing in the rule in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP74
..... june 1948 were illegal. the learned counsel then went on to argue that the financial commissioner had no jurisdiction to revise the collector's orders under section 16, punjab land revenue act.5. in trying to steer clear of the scylla of the competency of the financial commissioner's order the learned counsel for the petitioner was inevitably ..... , the question regarding jurisdiction was raised before the financial commissioner. it was held by him that he was empowered to revise the collector's order under section 16, punjab land revenue act. if this yiew be correct, the petitioner would not be entitled to any relief from this court because this court would not sit as a court ..... be held to be invalid. he further contended that in the former case the petitioner could only be ejected in accordance with the provisions of the punjab tenancy act and in the latter case by a civil suit, and that the financial commissioner had no jurisdiction to order the petitioner's eviction in the revision filed by .....
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