Court : Himachal Pradesh
Reported in : AIR1949HP26
..... contained many defences but it did not include the defence now urged before the court, namely, that under section 39, koti state courts act, the suit was incompetent and the trial judge had no jurisdiction to take cognizance of it.6. ..... therefore, no doubt that the appellant is a person as contemplated under sub-section (b) of section 39, koti state courts act.17. ..... was held that the 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. ..... (5)a person may, as a tenant of immoveable property, sue, without such consent as is mentioned in this section, a prince, chief, ambassador or envoy from whom he holds or claim to hold ..... 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 ..... ii, 'the acts prescribing or regulating mode of doing something' the learned author observes as follows:if the object of a statute is not of general policy or if the thing which is being done with benefit only to a particular person or class of persons, then the conditions prescribed by the statute are not ..... the least, the contention of the learned counsel is that the appellant is estopped from invoking section 39, koti state courts act in his favour.18. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1951CriLJ99
..... to say, that it is now well settled that the minimum amount of corroboration required to make it safe to act on the testimony of an approver is that his evidence must be corroborated not only as to the corpus delioti but also as to the identity of the accused persons. ..... district, and earn singh son of mahla singh caste jat, resident of panch malla in district hissar, have been convicted under sections 302 and 379, penal code, and sentenced to transportation for life each under section 302, penal code, and to three yeats' rigorous imprisonment each under section 379, penal code, both the sentences have been ordered to run concurrently piara singh and ram singh appeal while the ..... of ram singh however, is allowed to the extent indicated above, namely, that his convictions and sentences under sections 302 and 379, penal code, are set aside and he is acquitted of those charges. ..... exceptions to this rule, reference may be made to the provisions of sections 32 and 33, evidence act and section 17, extradition act, 1903. ..... being so, i set aside their convictions and sentences under sections 302 and 379, penal code, and acquit them.29 ..... the exceptions enumerated above, the rule enacted in section 353 is imperative that all evidence in any enquiry or trial shall be taken in the presence of the accused. ..... 276, on these facts, an offence under section 411, penal code, has been brought home to him and i convict ram singh under section 411, penal code, and sentence him to rigorous imprisonment for .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP33
..... ), that when after 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. ..... learned district judge observed that 'from the pleadings of the parties it would appear that the suit is primarily one for ejectment of a tenant and falls under section 77 group ii, punjab tenancy act (xvi [16] of 1887), which has been made applicable in himachal pradesh. ..... this is a reference made by the district judge of caamba under section 100, punjab tenancy act, recommending that the decree dated 26th july 1949 of the subordinate judge, from which an appeal was taken to him, be registered as a decree of a revenue court inasmuch as the suit was cognizable by a revenue court. ..... the provisions of section 100, punjab tenancy act, are not applicable to the present ..... section 100, punjab tenancy act has, therefore, no application to the facts of the present ..... definite procedure is laid down for the ejectment of the tenants under sections 39, 40, 41, 42 and 43, punjab tenancy act. ..... has recommended that 'in order to validate those proceedings-now, it is necessary to take action under section 100: of the act.' 13. ..... , if the court finds that the defendant is a tenant-at-will of the plaintiff, it must follow the procedure laid down in proviso (1) to section 77, punjab tenancy act. 12. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP54
..... this argument, however, ignores an important ingredient of section 11, namely, that the parties should have been litigating under the same title in both the suits. ..... to provb, in thewords of the aforesaid ruling, that the gift wasthe spontaneous act of the donor acting undercircumstances which enabled her to exercise anindependent will. ..... it follows therefore that article 91, limitation act, has no application in the present case. ..... it was next argued that the said decision bars the present suit by res judicata under expln, iv be section 11, civil p. c. ..... iii to section 11, civil p. c. ..... all these were cases in which possession of the property was sought to be recovered, & it was held that a relief for cancellation of the deed was unnecessary & article 91, limitation act, did not apply. ..... construing the relief as one for declaration, therefore, the proper article that is applicable to this case would be article 120, limitation act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP82
..... of the elementary rule that it is the doctor's statement in court, and not his post-mortem report, which is substantive evidence, and that the report can only be used by the doctor under section 159, evidence act, for refreshing his memory while under examination, provided he had prepared it at the time of holding the post-mortem or so soon afterwards that the court considers it likely that the facts noted at ..... the length of time during which an accused person is in police custody before he makes his confession has been field to be an important element for the consideration of the court in reference to the ..... for the determination of the voluntary nature of the statement, it is an equally important element for the consideration of the magistrate who is about to record a confession, so that where he fails to do so despite the accused having been produced from police custody he can hardly be said to have done all that is reasonably necessary to lead him to believe, under section 164, criminal procedure code, that the confession was being made voluntarily.8. ..... police custody of even a witness, to say nothing of an accused, to have his statement recorded by a magistrate under section 164, criminal procedure code, was deprecated in 'queen empress v. ..... emperor', air (26) 1939 cal 65 (fb), that the excuse of torture by the police in compelling an accused to make a confession is used so often without any justification time and again that it has he-come very difficult for any court to pay .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP1
..... nullus rule of english law which the learned counsel was pro-pounding, the rule that one is equal to none, has been done away with by section 134, indian evi-dence act, which lays down the general rule applicable to all cases that no particular number of witnesses shall in any case be required for the 'roof of ..... that is necessary for the application of the section is that the 'gratification' should have been offered as a motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show favour or disfavour to any person, or for rendering or forbearing to render any service or disservice to any person. ..... of the witness it was necessary that his statement be corroborated by independent evidence, for, as remarked in the ruling itself, 'it cannot be remembered too carefully that persons who lend themselves for use as decoys and agents provocateur possess ingenuity and suppleness of wit above the ordinary. ..... was shown the currency notes and its wrapper by the divisional forest officer and confronted with the accusation of having offered a bribe to the head clerk, the petitioner replied in the negative. ..... that can legitimately be considered has been given its due weight, room still exists for taking the view that however strong the suspicion raised against the accused every reasonable possibility of innocence has not been excluded, he is entitled to an acquittal. ..... 488, or he is a bitter enemy of the accused or has apparently a grudge against him 'dalip .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP20
..... are necessary: (1) that the relations subsisting between the parties were such that one of them was in a position to dominate the will of the other, (2) that the transaction secured unfair advantage to the person in a position to dominate the will of the other and (3) that this unfair advantage resulted from the use of that position. ..... this will be evident by the fact that inadequacy of consideration may under section 25 of the contract act be taken into account in determining the question of the free consent of ..... a certain objection in respect of the sale appears to have been made in the court of the tehsildar by certain persons describing themselves as zamindars of the village to 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 ..... is clear therefore that the plaintiff, though an old and illiterate widow, if a person who has been managing her affairs without depending upon the assistance or advice of any ..... above, it cannot therefore be said that the defendant was in a position to dominate the will of the plaintiff by reason either of his having held a real or apparent authority over her, or of the plaintiff being a person whose mental capacity was temporarily or permanently affected by reason of age.9. ..... that if the defendant really wanted to play this trick upon the plaintiff he would have done so openly and in the presence of persons on whose support he could not rely. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP46
..... 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. ..... no stage in the trial of the case which should have been considered by him too late for taking that action, the only safeguards necessitated in that case would have been a re-examination of the accused with reference to the new evidence and the affording to him an opportunity to give such further evidence in rebuttal as he liked. ..... case like the present where the offence is likely to have been committed by one or the other of the two persons, or by both, but only one of them has been prosecuted, there are bound to be accusations and counter-accusations without the court being sometimes able, as here, to decide who the guilty person was. ..... from all that has been stated above it is manifest that by reason alike of the inaptitude of the person in charge of the prosecution and of the apathy of the learned trying magistrate, there was no proper trial in the ..... been said that a trial under the criminal procedure code implied proceedings 'in which a person stood before a court empowered to convict him of some offence alleged against him. ..... mind, however, a retrial should not be refused merely on the ground of harassment to the accused where the circumstances of the case render it otherwise desirable.10. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP11
..... the other rulings are not applicable because they relate to cases of passing of title under the transfer of property act or the negotiable instruments acts, neither of which has any application in the present case.it was in execution of a money decree that the plaintiff purchased the pronote in ..... under that provision a pleader can act for any person in a court, the filing of an appeal being such an act, provided he is appointed for the purpose by that person by a document in writing signed by him or by a person duly authorised. ..... a prolonged and chequered career, the suit was ultimately decreed in toto on 17-1-1951 against harsukh das personally and against the assets of jawahar singh in the hands of his four minor sons. ..... even if it were joint, the liability of each of the judgment-debtors would, in view of the provisions of section 43 of the contract act, be both joint and several. ..... may be added that no certificate of sale as mentioned in article 18 of the stamp act was necessary either, since the sale-was of movable property. ..... nor was the execution of any document like a sale deed, as contended by the learned counsel for the appellants, necessary in view of the provisions of section 2(d) of the transfer of property act. ..... far as the latter contention is concerned, it has no force because under the decree in question the liability of the various persons against whom it was passed, is several. ..... , article 23 has no application because it relates to a conveyance which under section. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP31
..... in that case it appeared to the high court in second appeal that the courts below had decided a suit which was exclusively triable by a revenue court under section 77 (3) (d), punjab tenancy act, and, acting under section 100 (3) of that act the high court directed that the decree of the civil court of first instance be registered as that of the appropriate revenue court and that the appeal be returned ..... in which the high court can find that it 'appeared' to the civil court making the reference 'that a court under its control had determined a suit of a class mentioned in section 77 which under the provisions of that section should have been heard and determined by a revenue court' is by looking at the reference itself, which it would not be possible for the high court to do if the reference ..... agreed that the first of the two conditions mentioned in section 100(2) of the tenancy act was satisfied, namely, that the suit had been determined ..... was a suit of the class mentioned in section 77 (3) (o), punjab tenancy act, which under the provisions of that section should have been heard and determined by a ..... of the proper order to be passed by this court, the suit being by a landowner to recover moneys claimed as due for the enjoyment of right of pasturage, it belongs to the class mentioned in section 77 (3) (o), punjab tenancy act and so was exclusively cognizable by a revenue court. ..... to this court under section 100(1) of that act.2. ..... mahasu and sirmur under section 100, punjab tenancy act. .....
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