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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1981 Page 1 of about 12 results (0.015 seconds)

Apr 03 1981 (HC)

Surat Singh and Etc. Etc. Vs. Kahan Singh and ors. Etc.

Court : Himachal Pradesh

Decided on : Apr-03-1981

Reported in : AIR1982HP15

..... remedy is barred. for example, no suit can be instituted for the recovery of a time barred debt but a time barred debt can be a good consideration under the contract act. moreover, if the debtor makes any payment to the creditor without specifying the debt, the creditor has a right to adjust the payment against a time barred debt. therefore, what ..... , because admittedly between the parties the defendant carries on a vocation which clearly excludes him from the definition of the expression 'landies' agricultural labourer' plainly section 2 (2) of the act cannot be invoked. the statute does not contemplate frivolous or meaningless applications.'12. in gopal singh v. kanwar singh ilr (1976) him pra 295, it was ruled:'there is no ..... has been given to the interested parties to be heard.'4. section 3 provides for the consequences of commencement of this act. it reads thus:'notwithstanding anything contained in any other law for the time being in force or in any contract, decree of any court or other instrument having force by virtue of any such law, and save as otherwise expressly ..... provided in this act, every debt outstanding on the appointed day, including the amount of interest, if any payable by a debtor to .....

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Nov 23 1981 (HC)

Smt. Savitri Devi Vs. Santa and Etc.

Court : Himachal Pradesh

Decided on : Nov-23-1981

..... has been denned in section 4 as a person under whom a tenant holds land, and to whom the tenant is, or, but for a special contract would be, liable to pay rent for that land; and it has been held that where a tenant holds under more persons than one, any ..... decisions in this case, it is desirable to reproduce the relevant provision as contained in section 11' of the act the same reads as under:'11. (1) notwithstanding any law, custom or contract to the contrary a tenant other than a sub-tenant shall, on application made to the compensation officer at any ..... tenant thereinafter to be referred as 'the tenant') filed an application under section 11 of the himachal pradesh abolition of big landed estates and land reforms act ('the act' in short) for the grant of proprietary rights in the land in dispute. the appellant-landlord thereinafter to be referred as 'the land-owner') ..... necessary intendment. in fact, the decision of the supreme court in rameshwar's case (air 1976 sc 49) (supra) practically applies to the proceedings under the act. the position has been further clarified by rule 19 as reproduced) earlier above. under this rule, the proceedings are not to abate on death or; marriage ..... time after the commencement of this act, be entitled to acquire, on payment of compensation, the right, title and interest .....

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Jul 27 1981 (HC)

Mangheru Etc. Vs. the State of Himachal Pradesh and ors. Etc.

Court : Himachal Pradesh

Decided on : Jul-27-1981

Reported in : AIR1982HP1

..... or deception or suppression of material facts, the patta itself shall be treated to have been obtained by fraud. it is now well settled that fraud not only vitiates the contract but also the arbitration clause (shiva jute bailing limited v. hindley and company limited, air 1959 sc 1357). it is, therefore, not correct to say that the ..... at from another perspective. the order of grant under rule 16 and the subsequent execution of a patta on payment of dues under rule 18 are two separate acts. the arbitration clause is not contained in the rules and until and unless patta is granted the arbitration clause is not binding on the parties. the patta specifically ..... sufficiently long period of time. however, once the fraud is uncovered then action is required to be taken within a reasonable time thereafter. article 56 of the limitation act lays down a limitation of three years from the date of the knowledge of fraud, and we are of the opinion that it will be reasonable to lay ..... . if the validity of that order is effectively put an end to it would be impossible to maintain unless there were any express provision in the act or in the rules that the grant still stands.26. the only exception carved, therefore, was a provision to the contrary in the ..... act or in the rules. we do not find any reference being made to the patta or to the sanad.27. as already observed, in the instant .....

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Nov 25 1981 (HC)

Bhawani Parshad Kapur Vs. the Himachal Pradesh Financial Corporation

Court : Himachal Pradesh

Decided on : Nov-25-1981

..... appellant. according to the learned district judge, in case the respondent corporation had committed any breach in terms of the agreement, it was open to the appellant to rescind the contract and sue the corporation for damages. the appellant, however, by receiving the amounts of loan from time to time without raising any objection was now estopped from pleading any default ..... admittedly been not complied with by the appellant.15. in these circumstances the respondent financial corporation was fully justified in approaching the district judge under section 31 of the act for an order for the sale of the mortgaged property and the learned district judge was similarly fully justified in passing the impugned order directing the sale of the property ..... directly influence the findings of the court on the above points. the parties may raise various pleas before the district judge in the proceedings initiated under section 31 of the act, but the district judge is required to investigate and adjudicate only such of them as are relevant from the purpose of determining claim of the financial corporation. the interpretation ..... with the financial corporation, or (iii) that the financial corporation had required the industrial concern to make immediate repayment of the loan or advance under section 30 of the act and the industrial concern has failed to make such repayment. once the financial corporation succeeds in establishing any of the above three grounds, it becomes entitled to the grant of .....

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Jul 02 1981 (HC)

Dipu Vs. the State of Haryana and ors.

Court : Himachal Pradesh

Decided on : Jul-02-1981

Reported in : AIR1982HP67

..... control on the movement of his limbs and is not in a position to look after himself any more.4. an application under section 110-a of the motor vehicles act was made by the appellant through his mother claiming compensation to the tune of rs. 1,50,000/-. it was alleged that the accident was the result of the negligence ..... vyas dev misra, c.j.1. this appeal under section 110-d of the motor vehicles act is directed against the judgment of motor accident claims tribunal solan dismissing the claim of the appellant.2. on 2nd oct., 1970 the appellant, aged about 9 years, was standing .....

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Sep 24 1981 (HC)

Nanda Vs. Punnu Ram and ors.

Court : Himachal Pradesh

Decided on : Sep-24-1981

Reported in : AIR1982HP38

..... mutations is to keep the entries in the record of rights up-to-date. the record of rights have a presumption of correctness under the provisions of the land revenue act. the mutation proceedings by themselves do not determine the question of right and title and the presumption of correctness attaching to the entries of mutation as well as the record .....

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Sep 02 1981 (HC)

Balbinder Singh Vs. the Secretary to Government, Punjab and ors.

Court : Himachal Pradesh

Decided on : Sep-02-1981

Reported in : AIR1982HP50

..... cannot be fixed on the bus driver.9. it is well settled that in a case of a claim for compensation made under section 110-a of the motor vehicles act in respect of an accident arising out of the use of motor vehicles, it is for the claimant to establish if there was negligence and/or rashness on the part ..... approaching him.5. the only two issues which were agitated before the learned tribunal are as under:issue no. 4: whether the accident occurred due to the negligence and rash act of respondent no. 3? issue no. 5 : whether the petitioner is entitled to compensation? if so, to what extent and from whom? 6. on issue no. 4 the learned tribunal ..... of the appellant. feeling aggrieved the appellant has now approached this court in appeal under section 110-d of the motor vehicles act.2. the case for the appellant is that on 16-6-1968 at about 5 p.m. he along with his two friends balbinder singh son of shri dogar singh ..... t.r. handa, j. 1. the appellant filed a claim petition under section 110-a of the motor vehicles act before the motor accidents claims tribunal claiming a compensation of rs. 2,50,000 against the respondents. the learned tribunal vide its award dated 29-6-1974 dismissed that claim .....

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Jun 25 1981 (HC)

Braham Raj Singh Vs. Smt. Braham Raj Devi and ors.

Court : Himachal Pradesh

Decided on : Jun-25-1981

Reported in : AIR1982HP57

..... section 44 of the land revenue act, it has a presumption of truth. in this document the defendant/appellant is shown as son of gajjan singh deceased.11. the learned district judge has not referred to the ..... son has a great bearing with respect to the relationship of the appellant with the deceased gajjan singb. the said statement is also admissible under section 32 of the evidence act. there is another very important document ex. de, the pedigree table of the parties on record. this is a copy of the record ofrights and is admissible in evidence. under ..... present dispute. it may be mentioned that a copy of the report made to the patwari (village officer) is admissible in evidence under section 151 of the punjab land revenue act. the patwari was a person who was competent to record a report of this nature, and is required under the law and the rules to maintain such records. it is ..... effect ? 2. if issue no. 1 is not proved, whether the defendants are not the owners of a land of khata no. 14 and the alleged settlement deed was not acted upon? 3. whether gajjan singh deceased did not hand over the possession of the land of khata no. 14 to the defendants at the time of the alleged settlement (tahliq .....

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Sep 23 1981 (HC)

Hari Ram Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Decided on : Sep-23-1981

Reported in : 1982CriLJ294

..... the public or to any person, or to support any claim or title, or to cause any person to part with property or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.the next section 464, ipc states when a person can be said to make a false ..... say that the criminal conspiracy as defined in section 120-a, ipc is an agreement by two or more persons to do or cause to be done an illegal act or an act which is not illegal by illegal means. the gist of this offence is, therefore, the agreement. direct proof of the conspiracy is of course seldom available. in a case ..... impression on the alleged forged receipt on one pretext or the other. in any case as observed earlier there is absolutely nothing on the record to suggest if the accused acted dishonestly or fraudulently in affixing his thumb mark on the receipt in question. his conviction for the offence under section 467, ipc is, therefore, absolutely unjustified.12. similarly there is .....

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Jul 27 1981 (HC)

Gehru Vs. Charan Das Dogra

Court : Himachal Pradesh

Decided on : Jul-27-1981

Reported in : AIR1982HP23

..... contention that it was not practicable for the appellant to raise the money was dismissed with the observations :--'even if it be assumed that the applicant is mentally incapacitated from contracting or transferring the property, this fact in my view is hardly material inasmuch as the law provides proper methods by the adoption of which the property of a person of ..... the present petitions is admittedly not the legal guardian ......... the remote suggestion that the next friend may move the court and get a guardian appointed under the guardians and wards act and persuade that guardian to move the court to permit alienation of property to raise resources and then start litigation is in most cases too round about a route to ..... . how this lies in the mouth of the defendant who, as a counsel, moved an application on behalf of said kimtu under section 8 of the hindu minority, and guardianship act and got the land transferred to himself, is not for us to say, suffice it to note that this is not the matter in issue before us. moreover, we find ..... appellant, for permission to sell or lease the property described in the plaint, this application was stated to have been made under section 8 of the hindu minority and guardianship act before the district judge kulu on 22nd may, 1975. the learned judge allowed the application on 31st may, 1975. on the basis of this order the defendant got a sale .....

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