Court : Himachal Pradesh
Decided on : Dec-28-1949
Reported in : AIR1950HP33
..... been prejudiced by this mistake. he has recommended that 'in order to validate those proceedings-now, it is necessary to take action under section 100: of the act.' 13. the provisions of section 100, punjab tenancy act, are not applicable to the present case. the suit involves points, which can be heard and determined by revenue court only. a ..... in the trial court cannot be held to be determined in good faith and that the parties have not been prejudiced by the mistake as to jurisdiction. section 100, punjab tenancy act has, therefore, no application to the facts of the present case. if a decree is made in favour of a plaintiff without observing the provisions regarding ..... having entertained the suit, the civil court reached a point in the trial at which it held that the plaintiff sued as landlord, the proviso to section 77, punjab tenancy act, would take effect and make it incumbent on the court to return the plaint for presentation to the revenue court. 11. similarly, if the court finds .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Nov-09-1949
Reported in : 1951CriLJ3
..... the three present cases there ace subsequent orders of the chief commissioner farther extending the period of detention which have been passed under the proper section, namely, sub-section (4) of section 3 of the act of 1949 and his argument is that the latter part of the remarks cited above applies to these oases, and now that the detenus are ..... of law was invoked.13. this brings us to the question of the effect of the non-compliance of the authorities with the provisions of sub-section (6) of section 3 of the act of 1919. it is not disputed that since the present detenus were originally arrested and ordered to be detained, upto the present date, none of ..... on 18th march the chief commissioner passed an order extending the period of detention for three months from 18th march to 17th june. still purporting to act under section 3 (4) of the act of 1947, the chief commissioner on 11th june passed an order extending the period of detention for two months from 17th june to 16th august and .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-15-1949
Reported in : AIR1950HP18
..... and correctly held as relevant, though the defence and not the prosecution produced it.28. the question as to its admissibility is either covered by section 21 (2) or by section 8, evidence act. 29. section 21 (2), evidence act, provides : 'admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be ..... he has referred to the well known cases of (i) woolmington v. director of public prosecutions, (1935) a. c. 462 : (104 l. j. k. b. 433), (ii) r. v. rose, (1884) 15 cox. c. c. 640 and (iii) r. v. schama, (1914) 84 l. j. k. b. 396: 11 cri. app. rep. 45.56. in woolmington's case, (1935 a. ..... of all the evidence, are left in a reasonable doubt whether, even if his explanation be not accepted, the act was unintentional or provoked, the prisoner is entitled to be acquitted.' (the underline [here italicized] is mine).57. in r. v. rose, (1884-15 cox, c. c. 540), it was held as follows:'homicide is excusable if a person takes away .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-15-1949
Reported in : AIR1949HP7
..... the learned counsel that the above observation is without foundation. there are certified copies of public documents admissible under section 74, evidence act. there are other documents which are admissible under sub-section (5) of section 32 of the same act. lastly, there are documents which have been proved by witnesses, for example, batwara or the partition deed of ..... ram rup . i think that this plea of limitation must be allowed. once the partition has been proved, shares defined in the revenue record and parties have acted or dealt with their respective shares, for nearly twenty years, the plaintiffs cannot be heard to say that the family still continues joint.23. i may finally ..... the court of raja sahib for partition and raja sahib's order fixing the shares and dividing the property and registering the names in revenue records and acts and dealings with the respective property falling into the share of the parties, for nearly twenty years, there can be one and only one conclusion that .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-11-1949
Reported in : 1950CriLJ160
..... the circumstances and the conduct of the accused pointed out to her knowledge of the exact spot where the ornaments were. such conduct was held to be admissible under section 8. evidence act, following the allahabad full bench ruling in misri v. emperor, 81 all. 692 : 10 cri. l.. j. 212 p. b., discussed above. but ..... and the aroused. the latter proceeding in the court of the magistrate, sanjauli, was between koti dar-bar and the respondent. he referred to the proviso to section 33, evidence act; secondly, the statements recorded by the court of second class magistrate, simla, cannot be transferred in the court of the magistrate, sanjauli, because the former court ..... the last two being police officers, one of simla and the other of sanjauli. the other part consisted of the evidence transferred to the record under section 33, evidence act on the ground, as stated by the investigating officer, sahib singly that the witnesses could not be found or whose presence could not be obtained without .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-01-1949
Reported in : AIR1949HP11
..... records could not be rebutted.12. in my judgment, a pedigree table prepared for purposes of settlement, which is the basis of the entries in khewat, is relevant under section 35, evidence act, if prepared in discharge of public duty. (see baijnath v. bahadur a.i.r.1926 oudh.101. further, it has been held by their lordships of the privy council ..... in mt. biro v. atama ram , that sub-section (5) of section 32 embraces every statement made by the deceased person as to relationship if (1) he had special means of knowledge .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-12-1949
Reported in : AIR1949HP26
..... at the trial to be illegal, the courts may apply the maxim turpi causa non oritur actio, although the defendant has not pleaded the illegality. the limitation act, section 8 enacts that every suit instituted, appeal presented and application made after the period of limitation prescribed therefor shall be dismissed, although limitation has not been set up ..... lower appellate court had done wrong in giving effect to an unregistered bond which by reason of its not having been registered was not admissible in evidence (section 49, registration act) even though it was not specifically objected to in either of the. courts below. oomatool fatima v. ghunnoo singh 19 w.r.22. in the ..... inference is that he is dependent on the ruler. there is, therefore, no doubt that the appellant is a person as contemplated under sub-section (b) of section 39, koti state courts act.17. it has been argued by the learned counsel for the respondent that neither in the written statement, nor in the settlement of issues .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-11-1949
Reported in : AIR1950HP35
..... two accused, bhagi and bholar 13. the learned judge was not correct in using the confession of moti against two other accused, bhagi and bholar. section 30, evidence act provides: 'when more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself ..... if it were not retracted, could not be used against the two other accused, bhagi and bbolar, under section 30, evidence act. i, therefore, hold that neither the statements under section 164, criminal p. c., nor the confession of moti could be taken into consideration to determine the guilt of the appellants. ..... he was ultimately acquitted of that charge and convicted under section 411, penal code. 16. i, therefore, find that all the three accused were not charged under section 460, penal code. moreover, moti was never charged under section 302 or section 467, penal code. therefore, section 80, evidence act, does not apply and the confession of moti even .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-08-1949
Reported in : AIR1950HP1
..... sale in execution of a decree is duly confirmed by an order of the courtand has become absolute under rule 92 of order 21, civil p. c., an application under section 47, civil p. o, does not lie, the only remedy is by way of a suit: ramasami konan v. kulandaivelu pillai, a. i. r. (9) 1922 mad 63 ..... of this article (article 12), by seeking reliefs which though different are inconsistent with the validity of the sale. their lordships further observe as follows : 'the limitation act protects bona fide purchasers at judicial sales by providing' a 'abort limit of time within which suits may be brought to set them aside. if the protection is to ..... is to vanish directly some other relief consequential on the annulment of the saleis sought, the protection is exceedingly small..... both the letter and spirit of the limitation act require that this suit when looked on to set aside a sale should fall within the prohibition of the article.'23. article 95 provides three years limitation'when the .....
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