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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1965 Page 1 of about 7 results (0.015 seconds)

May 13 1965 (HC)

Union of India (Uoi) Vs. Wazir Chand Mahajan

Court : Himachal Pradesh

Decided on : May-13-1965

Reported in : AIR1966HP40

..... become the sole owner of the business, known as the himachal drug nurseries, chamba shri trilok nath had transferred the rights and liabilities, under the contract, for 1950-51 for extracting, collecting and exporting herbs, in favour of the respondent. the respondent had got extracted and collected for export herbs ..... rs. 46,000, as compensation. the suit was based on the following allegations.shri trilok nath, younger brother of the respondent, was granted a contract for extracting, collecting, and exporting medicinal herbs, such as dhoop, kaur, mithi patis, tuth, muskbala, ban kakru etc. from the forests of chamba ..... to himachal pradesh, vested in the chief commissioner. the contract ex. p-2 was correctly executed in the name of the chief commissioner. it may be pointed out that though the government of india act, 1935 was amended by the constituent assembly act, no. 1 of 1949, adding section 290a, authorizing ..... shri trilok nath. it was pleaded that the contracts were not validly executed and no rights could pass to ..... barred by limitation, that as there were two contracts for the extraction of herbs, two suits should have been filed and that the respondent was estopped, by his own act and conduct, from tiling the suit. on merits, the appellant denied that contracts for the extraction of herbs were granted to .....

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Jul 14 1965 (HC)

Karma Nand Vs. Sewa Nand and anr.

Court : Himachal Pradesh

Decided on : Jul-14-1965

Reported in : AIR1966HP17

..... without consideration and a sham transaction. as the mortgage-deed was alleged to be without consideration, it was void under section 25, contract act. a suit for a declaration that a transaction is void as being not supported by any consideration is governed by article 120, limitation ..... the ground that the deed was without consideration. 8. the suit of the appellant that the mortgage-deed was without consideration was governed by article 120, limitation act. the limitation of six years, under that article, started when the mortgage-deed was executed, namely, from 2-11-1958. the suit which was instituted ..... and the decree, passed thereon, were got through fraud it was held that the suit was governed either by article 91 or by article 95, limitation act and that it was barred by time whichever article was applicable. in the present case, the appellant did not seek a declaration on the basis of ..... the appellant went up in appeal to the learned district judge the learned district judge agreed with the learned subordinate judge that article 91 of the limitation act applied to the suit and that it was barred by time. he upheld the decree of dismissal. 5. the appellant has come up in second appeal ..... of the grounds, taken up, by him, was that the suit was barred by limitation. 3. the learned subordinate judge held that article 91, limitation act, was applicable to the suit of the appellant and that as the suit was instituted more than three years after the execution of the mortgage deed, it .....

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Oct 28 1965 (HC)

Baboo Ram Vs. Ajmer Singh

Court : Himachal Pradesh

Decided on : Oct-28-1965

Reported in : AIR1966HP77

..... appellate authority and that a tenant could not contract himself out of that protection, by a compromise. the quesion, :about the validity of an eviction order parsed on the basis of a compromise ..... i all er 708, wherein it was observed, by jenkins l. j. :' i think the principles deducible from those cases are that under the acts the court only has jurisdiction to order possession on one or other of the specified statutory grounds. the court, however, is not always obliged to hear ..... illegal compromise and was, therefore, invalid. the argument was that the compromise for eviction violated the provisions of section 13 of the punjab act which granted protection to a tenant against eviction except on certain statutory grounds which should be established to the satisfaction of the controller or the ..... against such an order, does not lie, under para. 32 of the himichal pradesh (courts), order. it may be pointed out that the punjab act does not provide for a second appeal against an order of ejectment.5. the preliminary objection, against the competency of the present second appeal, is well ..... not define the word 'plaint', but order 7 prescribes the particulars to be given in a plaint. an application, under section. 13 of the punjab act, does not contain the particulars of a plaint. such an application, therefore, cannot be considered to be a plaint. a proceeding which does not commence .....

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Jan 14 1965 (HC)

Union of India (Uoi) and ors. Vs. Nand Kishore and ors.

Court : Himachal Pradesh

Decided on : Jan-14-1965

Reported in : AIR1966HP54

..... final word in the matter and could not be described as an entry in any public or official record, within the meaning of section 36, evidence act. the copy of the record was not admissible in evidence.17. there is nothing, on the record, to show that namasidhar, granted to the ..... made before him. it could not be regarded as an entry in any public or other official record within the meaning of section 35, evidence act. moreover the very wording of the aforesaid section conveys the idea that the entry will be of a permanent nature and excludes all such writing as ..... 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 ..... deed ex. pw. 9/a did not bear the signature of maharaja sham singh and was not properly executed. in fact, the respondents had accepted, and acted upon, ex. pw. 9/a, by mutating the cultivable land, mentioned therein, in favour of devi chand, vide the order of the settlement officer, chamba ..... who are the heirs of the grantees, had produced the deed. it was, therefore, produced from proper custody. a presumption arose, under section 90, evidence act, that the deed bore the signature of maharaja sham singh and that it was duly executed. the presumption was strengthened by the evidence of shri narain singh .....

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Jul 30 1965 (HC)

Harbans Lal Vs. the State

Court : Himachal Pradesh

Decided on : Jul-30-1965

Reported in : AIR1967HP10,1967CriLJ62

..... produce definite and positive proof about beating or pressure, as in most cases, such proof is not available. it is also true that the word 'appear' in section 24 evidence act imports a lesser degree of probability than proof but the laxity of proof permitted does not warrant a court's opinion based on pure surmise the accused must point out ..... to the appellant. but that statement was not admissible in evidence as it did not relate distinctly to the discovery of the shirts, within the meaning of section 27, evidence act. it was held, in prabhoov. state of uttar pradesh, air 1963 sc 1113 that a statement made by an accused that the blood stained shirt and dhoti were his was ..... not admissible in evidence under section 27 evidence act. the discovery of the shirts exs. p. 15 and p 16 at the instance of mirchu ram, could not be used to corroborate the confessional statement ex. p. w 12 ..... to the grand-trunk road was presumably with a view to suggest that the man had been done to death by someone who was a passer-by and that this act was an attempt with a view to screen the real offender. there does not appear to be any detailed discussion of the point whether the removal of the dead body .....

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Mar 05 1965 (HC)

Hans Raj and anr. Vs. the State

Court : Himachal Pradesh

Decided on : Mar-05-1965

Reported in : AIR1966HP52,1966CriLJ1132

..... a copy, was clearly inadmissible, as the original document was neither produced nor proved. there is nothing to show that ex pk was admissible in evidence under section 65. evidence act.a mere certified copy of even a police report was held inadmissible in hasta ismail v. emperor. air 1937 lah 593. in the same case, a petition alleged to have .....

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May 31 1965 (HC)

Shri Harbhajan Singh Bawa Vs. Himachal Pradesh Government and anr.

Court : Himachal Pradesh

Decided on : May-31-1965

Reported in : AIR1965HP55

..... any authority, in support of the proposition that the services of a direct appointee cannot be terminated with one month's notice even though, the contract of service contains a stipulation that his services can be terminated on such a notice. the services of the petitioner could be terminated with one month ..... were considering the significance of the expression 'the date of the award' used in proviso (b) of section 18 (2) of the land acquisitiou act. their lordships held that according to the requirement of fair-play and natural justice, the expression could only mean the date on which the award wasactually ..... as the order of the administrator was properly authenticated, within the meaning of sub-section (3) of section 46 of the government of union territories act, its validity cannot be called in question on the ground that the order was made on an incomplete record.13. another objection, raised on behalf of ..... expressed to be issued in the name of the administrator, as required by sub-section (2) of section 46 of the government of union territories act. but this defect and the defect that the notice was headed, as an office memorandum, were defects, in form only, and did not vitiate ..... o. (h. p.) 3 shows that, in exercise of the powers, conferred by sub-section (3) of section 46 of the government of union territories act, 1963, the administrator had made rules, laying down that orders and other instruments, made or executed in the name of the administrator, shall be authenticated by .....

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