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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1955 Page 1 of about 9 results (0.026 seconds)

May 11 1955 (HC)

Shero and ors. Vs. Chamaru and ors.

Court : Himachal Pradesh

Decided on : May-11-1955

..... that:'the essential characteristic of a mortgage by conditional sale is, that on the breach of the condition of re-payment the contract executes itself, and the transaction is closed and becomes one of absolute sale without any further act of the parties or accountability between them.'12. as learned, counsel for the respondents rightly pointed out, this decision was given on ..... is taken away. in the case of a mortgage by conditional sale, the mortgage does not automatically mature into a sale. as already stated, section 67, transfer of the property act confers upon the mortgagee, any time after the mortgage-money has become due and before a decree for the redemption of the mortgaged' property is made, a right to obtain ..... suit, which has given rise to this appeal, was filed in 2004 bikrami (corresponding to 1947 a. d.). this argument is, prima facie, untenable, because section 67, transfer of property act, which defines the rights of a mortgagee, as against the mortgagor, so far as the right to maintain a suit for the foreclosure, or sale is concerned, is only procedural ..... or refuses him the relief which he directly or indirectly seeks to get on appeal. if it does, the appeal should be dismissed, for the decree which has become final acts as res judicata. if it does not, the appeal should be entertained.'8. (e)--'raghunandan singh v. s. m. soubhagya sundari devi', air 1948 pat 191 (e). there, the facts .....

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Oct 10 1955 (HC)

Prem Chand and anr. Vs. Lilawati Shanti and ors.

Court : Himachal Pradesh

Decided on : Oct-10-1955

Reported in : AIR1956HP16b

..... it relates to a case of burma. here, we are concerned with a case to which the provisions of the punjab laws act, 1872, apply. (ii) 'dagree v. pacotti san jab', 19 bom 783 (f), where a division bench of that high court held that: "the indian succession ..... the trial court came to the conclusion that parties, being christians, were governed by the provisions of the succession act and they could not rely on any custom, as contemplated by section 5, punjab laws act, 1872. on facts, the court below has, however, found that in matters of succession, the chris-wans of kotgarh ..... of all considerations of nationality and religion." "it was evidently open, in the present case, for defendant no. 1 to prove under section 5 (a), act iv of 1872, that by custom applicable to the parties, daughters were excluded from succession, by sons, and sisters by brothers." 10. in view of all that has ..... adoption so as to change the rule of succession, laid down in the indian succession act. jai lal, j., expressed himself in the following terms: "now so far as this province is concerned, under section 5, punjab laws act, 1872, the primary rule for decision in matters of succession is custom, which may be ..... and lal chand, jj., indicated as follows: "the two enactments which regulate matters of succession in this province are act x of 1865 and act iv of 1872; clause (a), section 5 of the latter act assuming it equally applies to native christians, is obviously of no avail in the present case as no family custom is .....

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Aug 10 1955 (HC)

Bijai Ram Kanshi Ram and anr. Vs. Jai Ram Ganga Ram and anr.

Court : Himachal Pradesh

Decided on : Aug-10-1955

Reported in : AIR1955HP57

..... suit had been filed by jai ram with his consent and approval and he could not sign the plaint, as he was away in connection with forest contract, business.the application was allowed by the revenue minister in the absence of the district judge and ganga ram then signed the plaint. in--'ganga ram ..... interest.'(c)--jagat kishore pd. narain singh v. parmesh war singh', air 1951 pat 348 (n), whereina division bench of that high court observedthat:'the act of the decree-holder deprived the plaintiff not only of the money, but the interest which he could earn and that should be taken into account in ..... , the defendants, after his death, wherein the amount due to the plaintiff was utilized by her brothers. held, (1) that the proviso in the interest act applied to the case and (2) that 6 per cent interest was payable as damages on the amount due to the plaintiff.' (b)--'aijaz hussain v. maqbul ..... on theother hand, argued--and, in my opinion, notwithout justification--that this was not a case of addition of a new plaintiff and, therefore section 22, limitation act has no application here.he drew my attention to the heading of theplaint, which, as already shown, runs as 'firm(1) jai ram (2) ganga ram ..... have been instituted on that date. he pointed out that limitation had already expired on 31-3-1942. he relied on the provisions of section 22, limitation act. reference was also made by him to--'south india industrials ltd. v. narasimha rao', air 1927 mad 468 (a), where a division bench of that .....

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Mar 18 1955 (HC)

Nazroo and anr. Vs. Lalman and anr.

Court : Himachal Pradesh

Decided on : Mar-18-1955

..... urged by learned counsel for the petitioner that since the defendant was found by the learned district judge to be a tenant holding over under section 116, transfer of property act, his would be deemed to-be a lease renewable from year to year. he contended that no proper notice to quit has been served upon him. in reply to this ..... accepted a lease, then had title to grant the lease or that the landlord to whom he paid rent, then had title to receive the rents.' 'section 116 of the act precludes the lessees from disputing the lessor, who has put the lessee in possession, without first restoring possession.' under these circumstances, the learned district judge was right in declining to ..... merely that of a licensee from b. in the peculiar circumstances of that case, their lordships held that there was no question of c being estopped under section. 116, evidence act, as the tenancy between a and c had been determined in 1928. it is obvious, therefore, that this ruling is not applicable to thefacts of the present case and will ..... of the paramount owner, namely, the government. the plaintiff admitted that the paramount title vested in the government. under those circumstances, wallace j., held: 'section 116 of the indian evidence act is no bar to a tenant showing that his landlord had not title at a date previous to the commencement of the tenancy, or that, since its commencement it has .....

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Sep 14 1955 (HC)

Mohan Singh Vs. Deota Ji Bharmol

Court : Himachal Pradesh

Decided on : Sep-14-1955

Reported in : AIR1956HP22

..... lower appellate court decides questions rightly or wrongly, it has jurisdiction to do so, and even if it decides wrongly, it cannot be said to have acted with material irregularity in the exercise of its jurisdiction.' the plea of adverse possession was, in the circumstances, rightly rejected by the courts below.9. in view of all that ..... v. naresh chand', air 1952 him-p. and bilas 28 (i): 'the arriving at a conclusion or decision is a mental operation and the court cannot be said to be acting in so coming to a conclusion or decision on a question of law or of fact; and so far as arriving at a conclusion or decision is concerned, whether the ..... out that the oral statement of the ex-ruler could not override the grants in favour of the plaintiff and was inadmissible in evidence under section 91 of the evidence act. the courts below have held that the plaintiff was put in possession on 4-11-1949 and that he was, shortly afterwards, dispossessed by the defendant. sitting as a court ..... court. his contention was that the suit was one under section 30, read with section 111(3), third group, (1), himachal pradesh abolition of big landed estates and land reforms act, 1953. reliance was placed by him on--'thakar das v. kanhaya', 1 pun re 1893 rev (c);--'ghuna mal v. jhanda singh', 82 pun re 1894 (d) and--'rattan das .....

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Aug 10 1955 (HC)

Kansi Ram Vs. Jai Ram and ors.

Court : Himachal Pradesh

Decided on : Aug-10-1955

Reported in : AIR1956HP4

..... statement was not indispensable. since the transaction has been recorded in the bond, ex. p-1, it could not be altered. he further pointed out that u/s. 114, evidence act, illus. (g), the words used are 'the court may presume that the evidence, which could be and is not produced, would, if produced, be unfavourable to the person who withholds .....

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Nov 30 1955 (HC)

Mela Ram and ors. Vs. Amar Nath and ors.

Court : Himachal Pradesh

Decided on : Nov-30-1955

Reported in : AIR1957HP39

..... statement that he is a member of a joint family with his relatives, but has reasons of his own for making that statement. it is not his statement, but his actings and dealings with the estate, which furnish a true guide to the determination of the question of the jointness or otherwise. according to the mitakshara law, partition consists in defining .....

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Jan 11 1955 (HC)

Mt. Rup Devi and anr. Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Decided on : Jan-11-1955

Reported in : 1955CriLJ679

order32. in view of all that has been said above, i allow appeal no. 14 of 1954, filed by mt. rup devi in part. i set aside her conviction ofan offence under section 302, read with section 114, i. p. c, instead, i convict her of an offence under section 201, i. p. c., and, bearing in mind that she is only about 18 years of age and in all probability wasled astray by gokal (who was old enough to be her father), sentence her to undergo three years' rigorous imprisonment. as regards criminal appeal no. 15 of 1954, filed by gokal, i maintain his conviction of an offence under section 302, i. p. c., as well as the sentence of transportation for life inflicted upon him. he should thank his starsthat in spite of the fact that he committed a brutal and premeditated murder, he was let off with the lesser of the two penalties prescribedby law, there was, however, no point in tacking on a fine of rs. 300/- to the sentence of transportation for life. the sentence of fine is, therefore, set aside. pine, if realized, must be refunded. subject to this slight modification, gokal's appeal is rejected.

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Mar 25 1955 (HC)

The State Vs. Krishnu Mal

Court : Himachal Pradesh

Decided on : Mar-25-1955

..... ', while the defendant contended that the suit should have been 'dismissed in toto': he came to the conclusion that the defendant had failed to perform its part of the contract and, therefore, the contract came to an end. he further held that the plaintiff was entitled to the refund of rs. 925/-.4. having come so far, the learned district judge then ..... of rs. 925/- at the time of auction and the balance was to be paid in three instalments. the plaintiff alleged 'that government failed to perform its part of the contract and, therefore, was not entitled to realize the balance of rs. 2,775/-. he also claimed a refund of the first instalment of rs. 925/-. the suit was resisted by ..... . having decided certain issues in favour of the plaintiff, the district judge, instead of proceeding, either under order 41, rule 25 or rule. 27, remanded the entire case, purporting to act under order 41, rule 23, c. p. c., which, as pointed out by me in my order of 21-12-1954, has no relevancy to the facts of the present ..... suit against the former state of bilaspur for recovery of a sum of rs. 3,997/2/- by way of damages for alleged breach of contract. his case was that he had purchased the arms and ammunition contract for bhakra for a period of 15 months from the 1st of poll 2004 b. for a sum of rs. 3,700/-. the plaintiff .....

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