Court : Himachal Pradesh
Reported in : AIR1950HP1
..... suit on the ground that it should have been brought within one year from the date of the confirmation of sale under article 12, limitation act. 6. on appeal, the learned district judge found that'the total omission to issue notice coupled with the absence of the judgment-debtor from chamba state and thus having no knowledge of the ..... aside the confirmation of the sale. 17. upon the whole, i agree with the reasonings of the learned chief judge that the plaintiff's suit is competent and that the confirmation before thirty days as provided by article 166, limitation act, was illegal and that the sale did not become absolute in the eye of law. 18. where a ..... to be beyond the period of limitation as provided by article 12, limitation act. i shall advise the chief commissioner to allow the appeal, reverse the decision of the chief court and that of the district judge and restore the judgment and decree of the subordinate judge. in the special circumstances of the case, there shall be no order as .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP15
..... the plaintiff was 22nd april 1920.'12. the judgment of shri chet bam, the learned judge, meant that the limitation expired before the punjab limitation (custom) act ever came into existence. or in other words, the right to sue vanished before the act came into existence or was applied to bashahr state. it was not till 1945 that the ..... determined. they are nothing of the kind, as has been pointed out times innumerable by the judicial committee. they are much more in the nature of fiscal inquiries instituted in the interest of the state for the purpose of ascertaining which of the several claimants for the occupation of certain denominations of immovable property may be put ..... council were disinclined to press the structure of the pleading too strictly if fair notice of the plaintiffs' case had been given and an issue had been joined on an inquiry but faintly adumbrated. again, in ghanendra roy v. praful kumar, a. i. r. (11) 1924 p. c. 200, (sic), their lordships observed,'where in the trial .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1950CriLJ160
..... before it.16. with regard to the first contention, i am of opinion that it is devoid of force. explanation to section 33 evidence act, makes it clear that a criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and; the ao-cused. the prosecutor in both the proceedings were owners whose articles were ..... that there is a presumption of innocence in favour of the accused, still further strengthened by his acquittal and that the trial court was in a better position to judge the credibility of the witnesses examined before it and therefore, great weight is to be attached to its view.12. bearing the above observations in mind, in an ..... and before reaching its conclusion upon fact, the high court should and will always give proper weight and consideration to such matters as (1) the views of the trial judge as to the credibility of the witnesses ; (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the that that he has .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP36
..... court is not mentioned in sub-section (3) of section 24. nor does section 40, punjab courts act, 1918, apply to himachal pradesh. after the 'transfer,' on 22nd january 1949, could the district judge withdraw the appeal so transferred and hear and dispose of it himself he could not. this is the real test of the power ..... the respondent finally submits before the court that the learned district judge, by 'transfer,' meant to forward it only to the proper court, that of the senior subordinate judge. in my opinion, the principle of law in such cases is expressed in actus curiae neminem grovabit (an act of the court shall prejudice no person). in jai behram v ..... intermediate court of appeal, but the act of the court as a whole, from the lowest court which entertains jurisdiction over the matter upto the highest court which finally disposes of the case.'32. i am, therefore, of opinion that justice requires that the judgment and decree of the senior subordinate judge, dated 29th april 1949, shall .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP42
..... had been laid before a magistrate for criminal breach of trust, and the magistrate had referred the matter to the police under section 202, criminal p. c., for inquiry and report and finally dismissed the complaint under section 203, criminal p. c., without issuing process, that the prosecution had not commenced, and no suit for malicious ..... offence. that indeed expresses my own view. in my judgment, the word 'cognizance' is used in the code to indicate the point when a magistrate or a judge first takes judicial notice of an offence. it is a different thing from the initiation of proceedings; rather it is the condition precedent to the initiation of proceedings ..... powers and took cognizance of a case. in yet another criminal reference no. 2 of 1950, a magistrate second class, (shri surat ram mahanton of chopal tehsil), acted in a similar manner. it is necessary that a copy of this order be forwarded to the government, to issue directions to the district magistrates to watch over the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP1
..... next impugned the evidence of narain dev, given before the committing magistrate, which was subsequently transferred to the record of the trial judge. counsel argue that the provision of section 33, evidence act, has not been complied with. the learned counsel for the state draws my attention to the summonses issued to narain dev at ..... j. 90) and jhiktu v. emperor, a.i.r. (29) 1942 pat. 427: (43 cr. l. j. 544). in both these authorities upon the magistrate's inquiry, if the accused was making the statement voluntarily, it was held that the accused was making a voluntary statement. shri gita ram, who recorded the confessions, stated that he was ..... (e) the discovery of khukri and its sheath, at the instance of this accused himself, and finally, the choice of ripon hospital, simla, the learned sessions judge concludes, as against nathu ram, as follows: 'i have already enumerated the corroborative circumstantial evidence against natha consisting of the dying declaration of sis ram, the recovery .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP75
..... magistrate first class kasumpti. the police submitted a charge-sheet against all the four under sections 302 and 460, read with section 34, penal code, and the inquiry commenced before the magistrate first class theog on 22 9-1950. in that court bhura retracted his confession on 20-12-1950. they we recommitted to sessions on ..... failure of justice. the appellants were charged with, prosecuted and convicted for an offence under section 302, read with section 34, penal code, and the learned sessions judge also commenced his judgment with a mention of that fact. the appellants were, therefore, perfectly aware throughout of the case against them. the defect in the judgment is ..... ruling was a peculiar one, the magistrate had failed to specify under which of the alternative and inconsistent sub-sections of section 60, u. p. excise act, the conviction had been made, and for that reason it was held that the conviction was bad for duplicity. there were no such alternative or inconsistent provisions .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP20
..... which the appellant belongs, and in that case also the appellant purports to have made a statement on 6-8-1948 before the said naib-tehsildar (to whom inquiry had been entrusted by the tehsildar) supporting the execution and consideration of the sale-deed and delivery of possession of the property to the vendee and characterising the objection ..... consideration of rs. 1,400/- in favour of the defendant-respondent ghungaria was decreed by the trial court, but dismissed on the defendant's appeal by the district judge of mahasu and sirmur. the suit was filed on the ground that the sale had been brought about by the defendant by the exercise of undue influence and ..... grounds open in a first appeal are entertainable in this second appeal.6. the entire law with regard to undue influence is contained in section 16 of the contract act. in order that a transaction may be held as having been induced by undue influence three things are necessary: (1) that the relations subsisting between the parties .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP9
..... however to be seen whether it is a fact that the other two defendants-respondents besides devi das had not been made parties to this appeal. strictly speaking, this inquiry must be confined to only the defendant-respondent hari das, the vendee, and not extended to the pro forma defendant joban das, for it was only the former ..... order, 1948.4. another preliminary objection taken was that this appeal is time-barred, and this objection must be upheld. as stated above, the decree of the district judge, against which the present appeal has been filed, was passed on 7-3-1951. an application for copies of the judgment and decree of the lower appellate court was made ..... day. i may mention in this connection that there is no application on behalf of the appellant for condonation of this delay under section 5 of the indian limitation act.8. the preliminary objection of the defendants-respondents devi das and hari das asto this appeal being time-barred is allowed,and the appeal is dismissed with costs .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP81
..... rajasthan case related to quite a different accused after the case against the first accused had been withdrawn. the lahore case could be no authority therefore for judging the legality or illegality of the second investigation and report in the rajasthan case. and so far as the further conclusion arrived at in the rajasthan case ..... convictions, the state government has appealed against the acquittal of kalawati of the charge under section 302, read with section 114, penal code, and the sessions judge has submitted the proceedings for confirmation of the sentence of death passed on ranjit singh.3a. the deceased was a zamindar with his headquarters at manimajra in ambala ..... accused under section 342 may only 'be taken into consideration' in the inquiry or trial in which he is an accused, and put in evidence, not in that inquiry or trial, but in any other inquiry or trial.'evidence' is defined in section 3, evidence act, as meaning and including all statements which the court permits or requires .....
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