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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1950 Page 1 of about 6 results (0.012 seconds)

Mar 16 1950 (HC)

Dhirjoo Vs. Kamna and anr.

Court : Himachal Pradesh

Decided on : Mar-16-1950

Reported in : AIR1950HP40

..... of the code of criminal procedure, 1898, the code of civil procedure, 1908, and of the evidence act, 1872, shall not apply to proceedings before panchayats, save to the extent, mentioned in this act and this section enjoins upon the panchayat to pass such order, sentence or decree as may be in ..... 11. counsel for the petitioner argues that not only did the panchayat impose the fine but also restrained the petitioner from doing such an act in future and it, therefore, exceeded its jurisdiction. i agree with the learned counsel for the opposite party that the expression used by ..... the court has to find out is whether from the facts before it, the panchayat could exercise the jurisdiction under the provisions of the panchayat act. in my opinion, the panchayat was within its jurisdiction to have found the petitioner guilty of the offence under section 426 (mischief) and, ..... the lahore case cited above, their lordships were dealing with a reference made by the district magistrate, in which the panchayat, purporting to act under the village panchayat act, had passed a sentence of fine, usurping a jurisdiction punishing the offence under section 406, whereas the actual offence committed was theft of ..... (1) of section 26, a panchayat shall have jurisdiction to try upon complaint--(a) any of the offences specified in schedule i to this act, and under section 27, the government may, by notification, enhance the criminal powers of a particular panchayat, section 28 authorizes any magistrate, before .....

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Sep 18 1950 (HC)

Dhan Singh Vs. Madan Singh

Court : Himachal Pradesh

Decided on : Sep-18-1950

Reported in : AIR1951HP22

..... sixty) as one year's arrears of rent at rs. 5 per mensem.2. the plaintiff-respondent filed this suit purely as a suit based on a contract of tenancy. the defendant-appellant not only denied the tenancy but also contended that he, and not the plaintiff, was the owner of the house. the ..... order shows, the central government purported to make the order in exercise of the powers conferred on it by sections 3 and 4, extra-provincial jurisdiction act (xlvii [47] of 1947). on the maxim omina prasumuntur rite esse acta it must be presumed that the central government had the requisite authority, jurisdiction ..... and power to make the order in question in exercise of the powers conferred on it by sections 3 and 4, extra-provincial jurisdiction act, 1947. the defendant-appellant cannot, therefore, escape the provisions of para. 32 of the order in question.4. coming back to the preliminary objection ..... then presented the appeal to the high court where, on a question of condonation of delay in filing the appeal arising under section 5, limitation act, it was urged by the defendants-appellants that as they bad pleaded that the value of the property was rs. 3,000 their filing of the ..... the suit refers payable for the year next before the date of presenting the plaint, that is, on sections 60. under section 8, suits valuation act, in a suit of this nature the value as determinate for the computation of court-fees and the value for purposes of jurisdiction shall be the .....

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Jun 26 1950 (HC)

Nathu Ram and ors. Vs. the State

Court : Himachal Pradesh

Decided on : Jun-26-1950

Reported in : AIR1951HP1

..... in order to attract their application to the case of nathu, appellant 1 ;'their lordships whilst not doubting that such a conviction is justified in law under section 133, evidence act, and whilst appreciating that the coincidence of a number of confessions of co-accused all implicating the particular accused giveu independently and without an opportunity of previous concert, might be ..... privy council were discussing the preference between the evidence of an approver before the committing magistrate and before the sessions court and were discussing the scope of section 30, evidence act. their lordships finally observed as follows:'retraction of a confession by an accused is a common phenomenon in india. the weight to be attached to it must depend upon whether ..... appropriate case in which narain dav's statement before the committing magistrate, in proof of the recorded dying declaration, was properly admitted to the sessions record, under section 83, evidence act, see tafis pramanik v. emperor, a. i. r. (17) 1830 cal 228 : (31 cr. l. j. 916). (his lordship then discussed the evidence of witnesses and proceeded :)35-41. ..... 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 the address known to government. upon the merger .....

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Jul 03 1950 (HC)

Karam Singh Vs. State

Court : Himachal Pradesh

Decided on : Jul-03-1950

Reported in : AIR1951HP19

..... : (47 cr. l. j. 575), their lordships of the privy council laid down the following rule :'the jury should be warned that it would be dangerous to the extreme to act on a confession put into the mouth of the accused by a witness having a strong motive for implicating some one else in the murder and uncorroborated from any other ..... the facts are such that cast grave suspicion on the evidence of prosecution witnesses, who overheard the story. i do not wish to express any opinion, whether section 6, evidence act can be invoked in order to save the prosecution from the necessity of producing that evidence, the absence of which appears to be fatal to the prosecution. salig bam and ..... which the conviction has been solely baaed. according to his contention, the learned additional sessions judge found that there was no conspiracy proved by the prosecution. hence section 10, evidence act cannot be made applicable in order to let in that evidence, the acceptance of which had led the trial court to convict the appellant, karam singh.12. in discussing the ..... or agreement between the accused and the shekhalwalas. the learned public prosecutor argued that for proving the existence of the conspiracy, the declarations and acts of the other conspirators may be received in evidence under section 10, evidence act. section 10 is not applicable to the present case. section 10 says, 'where there is reasonable ground to believe that two or more .....

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Oct 16 1950 (HC)

The State Vs. Kali

Court : Himachal Pradesh

Decided on : Oct-16-1950

Reported in : AIR1951HP28

..... of the statement of the respondent which have been excluded by me will show that they do not strictly fall within sections 8 and 9, evidence act. it is, however, not necessary to pursue the point any further. the learned government advocate was at pains to show that the excepted portions ..... was argued by the learned government advocate that the rest of the statement made by the respondent was also admissible under sections 8 and 9, evidence act as statement explanatory of the respondent's conduct. this contention cannot be accepted inasmuch as the prohibition contained in section 162, criminal p. c., would ..... police before the discovery of the opium.6. the nest question is as to how much of that; statement is admissible under section 27, evidence act, under that section when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the ..... on being pointed out by the respondent would not be sufficient to prove possession of the opium by the respondent within section 9 (c), opium act, but the contention of the learned counsel for the respondent in regard to the existence of discrepancies in the statements of the aforesaid prosecution witnesses is ..... be admitted in evidence by circumventing the provisions of section 162, criminal p. c., on the ground that it is relevant under some other section of the evidence act. this is also the view which was expressed in in re vridhickand sowcar, a. i. r. (30) 1943 mad. 527 : (44 cr. l. .....

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Oct 26 1950 (HC)

Choudhary Vs. Devi Ram and ors.

Court : Himachal Pradesh

Decided on : Oct-26-1950

Reported in : AIR1951HP25

..... jurisdiction, may call for and examine the record of any proceeding before any inferior criminal court situate within the local limits of its jurisdiction. under the codes of 1801 and 1872 the high court could call for the records of only judicial proceedings, but the word judicial has been omitted since the code of 1882, and thus the revisional jurisdiction of ..... pleaded nor supported by any evidence. the complainant's revision was however rejected by the high court on the above dictum although it was remarked that the sessions judge had acted on mere surmises and thereby caused injustice to the applicant.11. i trust gay, with great respect, that the language of section 435, criminal p. c., is plain enough and ..... , except in the case of an appeal from jail, an appellant has a right to be heard. appeals are also subject to limitation under articles 160, 154 and 165, limitation act.8. the revisional jurisdiction of the high court is also a creation of the statute in that it is derived from sections 435 and 439 of the code, but, except ..... . evans, (1910) 79 l. j. k. b. 954: (1910 a. c. 444) :'we are not entitled to read words into an act of parliament unless clear reason for it, is to be found within the four corners of the act itself.'but that is what it will come to if the power under section 435, to order retrial in a revision from .....

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