Court : Himachal Pradesh
Reported in : AIR1966HP54
..... any area, in namasidhar forest was granted. but the ambiguity about 'namasi' is a latent one and extrinsic evidence was admissible, under proviso 6, section 92, evidence act, for resolving the ambiguity and for showing that the word, 'namasi' related to some existing state of things. it was held in subramania iyer v. rajeswara sethupathi ..... parkash, j. 1. this judgment will dispose of civil regular first appeals nos. 5 and 7 of 1968. these are cross-appeals and are directed against the judgment and decree dated the 30th september, 1963, of the learned senior subordinate judge, chamba. the facts, giving rise to the appeals, are as follows :2. maharaja sham singh, ruler ..... this contention is not well founded. the words 'an entry' in section 35, evidence act, are not intended to apply to the opinions of public officers, based on, or inferences drawn from, the allegations made before them in the course of inquiries, but are confined only to such statements of facts in issue or relevant facts as .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP64
..... on all persons claiming an interest in the holding concerned, notwithstanding any such person not having appeared or participated in the proceedings before the compensation officer, the district judge or the judicial commissioner, as the case may be.' 8. before discussing the question, whether sub-sections (2) (c) and (4) of section 12 ..... denied that the application ofdaulat ram appellant, for acquisition of proprietaryrights, was dismissed, by the compensation officerand an appeal, against that decision, was dismissed bythe district judge. 4 bishan lal, respondent, in his written statement, admitted that he had fold the property, in suit, to huma nand respondent. he also supported the ..... (1) as soon as may be after the passing of the act, the settlement officer may suo motu and shall, on application, enquire and determine whether any inam village in his jurisdiction is an inam estate or not. (2) before holding the inquiry, the settlement officer shall cause to be published in the village in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP40
..... d-3 is a memorandum, addrcsesd bv the superintendent of police, chamba, to the district magistrate, chamba. it was stated, in this memorandum, that on inquiry from shri des raj advocate it was found that the herbs entrusted to harbans lal, durga dass, atma ram and panchhi (wrongly stated as panda) superdars ..... through the negligence of the officials of the appellant or that the respondent was entitled to get any compensation or interest. 5. the learned senior subordinate judge chamba, rejected all the preliminary objections, raised on behalf of the appellant. his findings, on merits, were that the two contracts for the extraction, ..... was executed. himachal pradesh was being governed, at that time, by the central government, through the chief commissioner bv promulgating orders, under the extra provincial jurisdiction act. one of the orders, promulgated, was the himachal pradesh (administration) order. according to the provisions of that order, executive power, with respect to himachal pradesh .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1967HP6
..... and the plaintiff's suit was, therefore, not maintainable5. the preliminary objection raised on behalf of the union of india prevailed with the learned senior subordinate judge. he held that the dispute in the suit related to the interpretation of art. 3 of the agreement of merger and that courts were barred from taking ..... inducted other persons as tenants. the evicted appellants had applied to the revenue officer for being restored to possession under the provisions of the orissa tenants protection act, 1948. it was contended, on behalf of the ex-ruler, that the dispute between the parties had arisen out of the provisions of the agreement of ..... the enjoyment of ownership of lands, jagirs, grants, pensions etc. the legislature of the state of bombay passed the bombay merged territories areas (jagirs abolition) act 1958 for abolishing jagirs. the petitioners, who were jagirdars and the relations of the rulers filed petitions, under article 32 of the constitution challenging the vires of the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1971HP24
..... with by the respondents and that the latter were also likely to alienate this property and therefore interim injunction was required to safeguard his interests. 4. the learned district judge, mahasu, after hearing both the parties, found that there was no substance in the application for the relief of interim injunction and he rejected the application. roop singh ..... seriously affected by the provisions of section 4 of the act. the learned counsel for the respondents rather asserted vehemently that the very title of the appellant on the basis of customary adoption was open to serious objections. ..... is stated that by virtue of section 4 of the hindu adoptions and maintenance act, 1956, any custom or usage in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act. in other words, the adoption by custom alleged by the appellant would be .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1971HP23
..... second appeal preferred under section 104 of the himachal pradesh abolition of big landed estates and land reforms act, 1953 (hereinafter to be referred as the act), has been directed against the decision of the district judge, mahasu, in a petition under sec. 11 of the act for the acquisition on payment of compensation, the right, title and interest of the land-owner by ..... nos. 1042 and 1043 situate in village behna, tehsil sadar, mandi, whereby, confirming the decision of the compensation officer the district judge has dismissed the petition. 2. gohada appeared in court and filed the petition under section 11 of the act, alleging, that shri dutt or ram dutt is his land-owner of the disputed land and that he was willing to .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP67
..... or the relevancy of a question. i am in respectful agreement with the learned judges who held in that case that although section 38 (1) of the delhi rent control act, 1958 prescribed for an appeal against 'every order of the controller made under the act', yet no appeal was entertainable.in the instant case no such procedural order has ..... by the defendant. therefore, this case is also not applicable to the facts and circumstances of the case in hand. the learned counsel then, lastly, relied upon (1968) 70 pun lr 354, shankar singh v. firm sudarshan and co. in this case, it was held that no appeal lay against the order of trial ..... , i cannot help concluding that in this case the conditions for interference in revision are not fulfilled. regarding jurisdiction, i have already stated above that the learned district judge had the jurisdiction to entertain the appeal and make the modification in the injunction order. much less to say, the relief of injunction is always granted to protect the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1972CriLJ83
..... petition under section 435 criminal procedure code, he filed this transfer application. the learned counsel states that such a revision petition has now been filed before the sessions judge. apart from this, on 18-7-71 the applicant did participate in the enquiry and cross-examined witnesses. when he was prohibited by the learned magistrate ..... contended that the applicant engaged a counsel from rupar and there were slogans against him. the motor-cycle of such counsel was punctured by somebody. these acts, if at all committed, were also directed against the police investigation. the stage is now over and the purpose of such an agitation has been fulfilled ..... considering whether a magistrate holding enquiry under section 176 of the code, can be considered a court for purposes of section 3 of the contempt of courts act. in that connection, they considered the supreme court judgment reported in : 1956crilj156 and imported the following observations:in every court, there must be at least three .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1972CriLJ204
..... excluded it from consideration. we have, however come to the conclusion that, even without that evidence, there is ample corroborative evidence placed before the learned sessions judge to enable him to reach the conclusion, which we have also reached, that the confession before the tehsildar magistrate was voluntary and true and is sufficiently corroborated ..... time on the confession.26. in considering whether the confession could really have been the result of some attempt by the police and the tehsildar magistrate acting in concert, to implicate the appellant, we have been impressed by the fact that no motive whatsover could even be suggested for such a conspiracy to ..... . similarly, where a statute forbids the performance of certain things, only those things expressly mentioned are forbidden. so also, if the statute directs that certain acts shall be done in a specified manlier, or by certain person, their performance in any other manner than that specified, or by any other person than .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP117
d.b. lal, j. 1. this second appeal has been directed against the judgment dated 24th june, 1968 of the district judge, kangra, whereby reversing the decision of the sub-judge first class una, he has dismissed the suit of the plaintiff which was for recovery of possession over landed property which was gifted by the plaintiff's ancestor to ..... in which one of the parties is not a free and voluntary agent and is unable to appreciate the import of what he does, the main elements which render the act his own are wanting. accordingly, when a person, who from his state of mind, age, weakness or other peculiar circumstances is incapable of exercising a free discretion, is ..... rather a desperate attempt of raising the plea of limitation. it was urged on their behalf, that 3 years period of limitation is prescribed under article 59 of the limitation act and because the gift-deed was executed on 4th april, 1961, the suit should have beenfiled upto 4th april, 1964. rather it was filed on 2nd may, 1964 .....
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