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Judgment Search Results Home > Cases Phrase: native state Court: himachal pradesh Page 1 of about 131 results (0.040 seconds)

Jan 07 1952 (HC)

Mt. Krishni Vs. Gannun

Court : Himachal Pradesh

Reported in : AIR1952HP51

..... the general provisions of the hindu law might have been applicable to the native states, the benefits of the act in question did not extend to them unless ..... three more witnesses for the defendant on the same date and he further allowed the plaintiff, who had not appeared as a witness till then, to produce himself as if by way of rebuttal.as stated above, the parties were not represented by counsel and, therefore, it is difficult to say how far they had understood the import of the said amendment and the subordinate judge's note, and whether ..... 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. ..... custom whereunder a predeceased son's widow succeeds like a son; that the hindu women's rights to property act, 1937, was not applicable as it had not been enforced in this state; and that under the hindu law the property in suit devolved upon the plaintiff as a sole surviving coparcener on the death, of his father. ..... enforcement of the act in a state is necessary as a condition precedent to the application of its provisions in that state is apparent from the fact that it had to be applied to this state under the aforesaid bilaspur (application ..... that act was applied to this state under the bilaspur (application of laws) order, 1949, which came into force on 29-6-1949.at the same time, there is no doubt that the defendant-appellant is not entitled to the .....

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Jun 07 1989 (HC)

Smt. Uma Devi and ors. Vs. Maharaja Sir Partap Singh and ors.

Court : Himachal Pradesh

Reported in : AIR1990HP62

..... of the supreme government in this respect were, in 1892, communicated to all the native states in the punjab to patiala, bhawalpur, jind & nabha direct and to others through ..... tehl singh till the year 1952; (d) that there was no presumption that it was sought to be incorporated or blended with the impartible property of the nabha state; and (e) that the oral evidence of maharani sarojini devi as well as of pratap singh showed that ripudaman singh remained away from nabha from the year 1923 till his death and ..... could hardly have any personal knowledge about the fact whether the property had been purchased by his father out of his personal funds, he also stated, during the course of his cross-examintion, that he had not seen any document in which the property might have been shown in the ..... tehl singh was neither the owner nor was he ever in possession of 'sterling castle' and that it was the nabha state and pratap singh, being absolute owner and in possession of all the properties pertaining to the state, was the absolute owner of the suit property as the rule of primogeniture applies to all the properties of late ripudaman singh, that there was no joint hindu family with pratap singh as one ..... it was urged by shri chhabil dass that purchase of 'sterling castle' by ripudaman singh had necessarily to be treated as purchase by the state of nabha, further, the existence of the rule of primogeniture ruled out co-existence of the rights of co-parceners under the ordinary hindu law. .....

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Jun 03 1993 (HC)

Balak Ram Mahajan (Deceased) Through L.Rs. Virendra Kumar Gupta and or ...

Court : Himachal Pradesh

Reported in : AIR1994HP10

..... the movement for the merger of native states after india attained independence did not in all cases last for six ..... another submission made by the learned counsel for the petitioners is that when for participating in the same freedom struggle for the merger of princely state of mandi, namely, praja mandal movement other persons, who have also suffered actual detention for a period of less than four months, freedom fighters' pension has been granted either ..... existence of clause (g) in the two letters dated 5th august, 1972 and 25th august, 1972 addressed to the chief secretaries of all state governments and union territories, first by the joint secretary to the government of india and the second by the deputy secretary to the government of india was also noticed, on the basis of which, several ..... the petitioners have relied upon tej singh nidharak's case and other similar cases decided by this court pertaining to freedom fighters of mandi state in support of their submission that in all cases, offences alleged were same and similar. ..... through letter dated 30th march, 1981 that her case was under consideration and the state government had been asked to verify the petitioner's claim and send its report.7. ..... !n all cases where participants of praja mandal movement were detained in the princely state of mandi, false cases were coined under the provisions of sections 302, 307, 395, 149 and 225 of the indian penal code and by a single order of the ruler passed on 13 magh 2004 bk corresponding .....

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Mar 13 1985 (HC)

Smt. Dawarka Devi Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Reported in : AIR1986HP72

..... the petitioner is that the case of khem chand is covered by clause (f) inasmuch as he was dismissed from serviceon 11th baisakh 1994 bk (23-4-1937) after rendering about eleven years of service as ahlmad in the ex-princely state of mandi on account of his participation in the praja mandal movement the petitioner contends that the subsequent re-employment of khem chand on two different occasions in the same post does not operate as a bar against her claim ..... under suspension on 27th chet 1994 bk(9-4-1937) for taking part in the praja mandal movement which was launched in the said native state. ..... after the merger of the princely state of mandi in the union of india, khem chand was again appointed by the district and sessions judge, mandi and chamba as ahlmad in a temporary capacity without giving him the ..... appointed as ahlmad in the judicial department of the ex-state of mandi on 12th bhadon 1983 bk (27-8-1926) ..... the said princely state merged with the union of india after independence and became a part of himachal pradesh ..... be it stated that the said application was duly recommended for favourable consideration by the state government by a communication ..... bk (31-5-1940), khem chand was re-employed as ahlmad by the ex-princely state of mandi. ..... subject of the former princely state of mandi. ..... be it stated that the factual position concerning khem chand is not in dispute and that the only controversy between the parties centres round the question of eligibility under clause (f) of the scheme .....

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Jan 09 1984 (HC)

Tej Singh Nidharak Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Reported in : AIR1985HP69

..... clause is obviously not attracted in the case of the petitioner because, in the first place, he had not suffered imprisonment in the mainland jail but in a jail in the erstwhile native state and, in the next place, he was not confined in jail before independence. ..... the movement for the merger of native states after india attained independence did not in all cases last for six months or ..... he was a freedom fighter who suffered imprisonment in the movement for the merger of the erstwhile state of mandi in the union of india and such imprisonment was suffered by him after aug. ..... last circumstance, coupled with the proposal for his detention (annexure pb), clearly indicates that the initial detention of the petitioner was in the course of the movement for the merger of the state of mandi with the union of india after the country attained independence. ..... he was an active participant in the praja mandal movement carried on in the mandi state since long time prior to its merger with the union of india on may 1, ..... 1947 but before the date of the accession of the state of mandi to the union of india which took place on may 1, ..... to (f) x x x x x x x x x x x x x x (g) freedom fighters who suffered imprisonment in movements for merger of the erstwhile princely states within the indian union after the 15th aug. ..... till the date of accession of the state with the indian union. ..... home minister proposed that the petitioner be detained under section 4 of the mandi state public safety ordinance (1 of 2004 bk. .....

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Aug 01 1961 (HC)

Shri Amar Chand Butail and anr. Vs. the Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : AIR1962HP43

..... executed by the plaintiff in his favour for the aforesaid amount though no payment was made, that the receipt was handed over to the officers of the jubbal state for adjusting the sum which he owed to the jubbal state, that later on the government of himachal pradesh asked him to deposit the sum due against him in the treasury and not to make any payment to the ..... was as to whether absolute muafi grants of lands made by the rulers of erstwhile states of charkari and sairola which were independent states under the paramountcy of the british crown, before the integration of the states into united state of vindhya pradesh and their subsequent accession to the indian dominion, cannot be revoked as act of state by the state (of uttar pradesh) in consultation with government of india, after the coming into force ..... ex-sovereign was examined in detail and following the privy council cases, referred to above, the following observations were made:--'when the sovereign of a state meaning by that expression, the authority in which the sovereignty of the state is vested -- enacts a law which creates, declares or recognizes rights in the subjects, any infraction of those rights would be actionable in the courts of that ..... 'where a state has been ceded by a native ruler to the british government the rights which the inhabitants of that state enjoyed against its former ruler avail them nothing against the british government and cannot be asserted in the courtsestablished by that government except so .....

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Aug 19 1996 (HC)

General Manager, Punjab Roadways, Nangal Depot and anr. Vs. Smt. Santo ...

Court : Himachal Pradesh

Reported in : 1998ACJ608,AIR1997HP36

..... while allowing the multiplier of 24 years in case of death of 36 years old army major, no reasoning has been given whereas, according to him, in the subsequent judgment of the apex court in the ease of general manager kerala state road transport corporation (supra), elaborate reasoning has been given and this judgment properly decides the matter in issue. ..... both these respondents, the accident was the result of negligence on the part of the deceased, who in order to catch the connecting bus to his native village, fell down on the road after he had jumped from the moving bus. ..... case of the, claimants further was that the deceased was to go to his native village gang bhairon and he was a passenger in the bus which was being driven by ..... this act, on the part of the driver, was stated to be rash and negligent resulting in the death of ..... of (1994) 2 scc 176 : (air 1994 sc 1631), general manager, kerala state road transport corporation, trivan-drum v. ..... other hand, learned counsel for the appellants, has placed reliance on 3 decisions of the apex court reported in (1994) 2 scc 176 : (air 1994 sc 1631), general manager, kerala state road transport corporation, trivan-drum v. ..... in his this hurry, the deceased is stated to have jumped from the moving bus and fell down on ..... question on the fateful day but it was the result of own acts of negligence of the deceased-om parkash chadha, because he was in a hurry to get down so that he could catch a bus going to bagli for going to his native village. .....

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Mar 17 2010 (HC)

State of Himachal Pradesh Vs. Narender Kumar Alias Hira and ors.

Court : Himachal Pradesh

..... 1 scc 604, has held as under:to render a document admissible under section 35, three conditions must be satisfied, firstly, entry that is relied on must be one in a public or other official book, register or record; secondly, it must be an entry stating a fact in issue or relevant fact; and thirdly, it must be made by a public servant in discharge of his official duty, or any other person in performance of a duty specially enjoined by law. ..... in fact it is not the case of the prosecution that the prosecutrix was not born in kasauli and was in fact born at the native place of her parents in the state of uttar pradesh. ..... this appeal under section 378 of the code of criminal procedure by the state is directed against the judgment of acquittal dated 10.1.1995, passed by the learned sessions judge, solan, ..... importantly in the complaint, pw-4 does not state that the prosecutrix had been kidnapped by the accused with an intent that she may be compelled to marry or forced/likely to force/seduced to for any illicit intercourse ..... in her earlier version she nowhere stated that when she tried to raise hue and cry she was threatened by the accused with dire consequences or that she had disclosed it to the accused lajwanti and surender kumar that she had ..... even though in her deposition she stated that the age of the victim appeared to be 17 to 18 years but she clarified that the clinical age is determined by looking at the face and physical appearance of the person and that she indicated the age of .....

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Sep 03 1999 (HC)

Laiq Ram Vs. Vijay Aggarwal

Court : Himachal Pradesh

Reported in : AIR2000HP15

..... in para 15 of the impugned judgment it is stated that the evidence produced by the landlord indicates that he, along with his wife, has settled in his native village dhar in kotkhal after retirement on superannuation from service. ..... in this connection one of the sons, namely, satish as pw2 has stated that his parents have settled in kotkhai though they were visiting shimla also off and on. ..... for example, in para 14 of the impugned judgment it is stated that while the landlord himself appearing as pw1 and his son prakash appearing as pw8, have deposed that the third son satish was employed in modi company and stationed at shimla the latter as pw1 has stated that he was employed in haryana distillery. ..... it was further stated that only the wife of one of the sons of the petitioner by the name of jagdish along with her children as well as the children of another married son of the petitioner by the name of parkash were residing in the ..... it was stated therein that besides himself the petitioner's family comprised of his wife, three sons and the wives and children of two of his sons, the remaining son being unmarried at that time. .....

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Sep 14 2005 (HC)

Kushal Kumar Vs. Smt. Parveen Kumari and anr.

Court : Himachal Pradesh

Reported in : 2006(2)ShimLC126

..... she states that the husband used to visit his native village every 2-3 months and that every time he visited the house he would have sexual intercourse with her. ..... the husband further avers that when he came to his native village on 12.10.1999 he was surprised to find that the wife was in an advanced stage of pregnancy. ..... even the wife in her statement docs not state that the husband had visited her and had sexual intercourse with her during these three months. ..... thakur, learned counsel appearing on her behalf, stated that he had full instructions on her behalf. ..... the husband could not have visited the native village without leave. ..... he in his evidence has clearly stated that he visited his house after august, 1998 only on 25th may, 1999. ..... on being shown the document ex.p-2, he states that the same has been tampered at two places. ..... his native village is in una ..... she also states that similarly in the year 1999 her husband came on several occasions on various types of leaves as mentioned above. ..... the husband states that the child born on 11.11.1999 is not his ..... in cross-examination he stated that if any official without sanction proceeds on leave, he can be court martialled.11. ..... mohinder singh, states that the wife, parveen kumari, was admitted in his nursing home on 11.11.1989 and a male child was born to her on the same date at 12.10 p.m. ..... she states that her husband used to visit the village 5 to 7 times a year and he used to come home on annual leave, casual leave, earned leave, medical leave .....

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