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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: himachal pradesh Year: 1951 Page 1 of about 12 results (0.041 seconds)

Apr 07 1951 (HC)

Mt. Sewti Vs. Rattan

Court : Himachal Pradesh

Decided on : Apr-07-1951

Reported in : AIR1951HP54

..... the terms in which it has been claimed. construing the relief as one for declaration, therefore, the proper article that is applicable to this case would be article 120, limitation act. chooramani dasi v. baidya nath naik, 32 cal. 423, is a case in which a declaratory suit in respect of a deed of gift which was void ab initio was ..... 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. in the present case also the appct. besides praying for cancellation of the gift deed, also prayed for recovery of possession of the property. subsequently, however, she ..... the gift-deed in question had been obtained by misrepresentation. it was therefore void. the appct. need not have prayed for its cancellation. it follows therefore that article 91, limitation act, has no application in the present case. petherpermal chetty v. muniandi servai, 35 i. a. 98; beni prasad koeri v. dudh nath roy, 26 i. a. 216; narasagauda v. chawagauda ..... the entire property belonging to the appct. that being so,it was incumbent upon the resp. 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. this onus the resp. has failtd todischarge. (after discussion of the evidence withregard to execution of the deed the judgmentproceeds .....

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Sep 18 1951 (HC)

Mt. Reshmi Vs. Ghungaria

Court : Himachal Pradesh

Decided on : Sep-18-1951

Reported in : AIR1952HP20

..... paragraph all grounds open in a first appeal are entertainable in this second appeal.6. the entire law with regard to undue influence is contained in section 16 of the contract act. in order that a transaction may be held as having been induced by undue influence three things are necessary: (1) that the relations subsisting between the parties were such that ..... so that the one cannot fairly be considered without also considering the other. 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 the promisor. from what has been stated above it is clear that rs. 400/- were due by .....

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Oct 29 1951 (HC)

Rajendar Lal Vs. Ram Krishna Gupta

Court : Himachal Pradesh

Decided on : Oct-29-1951

Reported in : AIR1952HP11

..... solicitors and attorneys, but the same principle has been applied in india in the cases of advocates and pleaders because they not only plead, but, like solicitors in england, also act for their clients. see the observations of leach c. j. in 'in re sri k. rajagopala ayyangar', air (29) 1942 mad 553 at p. 554, and in 'in the matter .....

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Jan 02 1951 (HC)

Jagarnath and ors. Vs. Gayaroo and ors.

Court : Himachal Pradesh

Decided on : Jan-02-1951

Reported in : AIR1951HP51

..... a right of occupancy and did not hold for a fixed term under a contract or a decree or ordec of competent authority. acting under section 45 the revenue officer served the defts. with a notice to vacate the land or contest their liability to ejectment by ..... under which the present suit would fall is that mentioned in clause (d) of the second group under sub-section (8) of section 77, punjab tenancy act, relating to suits by a landlord to prove that a tenant has not a eight of occupancy. it is, however, well established that this clause applies ..... looked into. in the present case the pltfs, have questioned the jurisdiction of the revenue ct. to pass the aforesaid decree under section 46, punjab tenancy act on certain allegations. it is not necessary for me to express any opinion on the merits of those allegations, that is to say, on whether the ..... revenue ct. contesting their liability to be ejected. the revenue ct. declared the defts. to be occupancy tenants of the land under section 8 of the act and ordered restoration of possession of the land to them, and its decision was maintained up to the highest revenue appellate ct.4. having failed in the ..... filed a criminal complaint against the pltfs. which was unsuccessful. thereafter the pltfs. filed an appln. to the revenue officer under section 43 of the said act for service on the defts. of a notice of ejectment on the ground mentioned in clause (b) of section 42, namely that the defts. had not .....

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Jan 22 1951 (HC)

Baghat Transport Service Ltd. and ors. Vs. the State of Himachal Prade ...

Court : Himachal Pradesh

Decided on : Jan-22-1951

Reported in : AIR1951HP36

..... sub-section (5) of this very section the word used is 'shall.' as there is no reason under the act why contract carriage permits should be treated differently from stage carriage permits, the provision relating to the hearing of a representation against the grant of ..... of that region or area in the public interest; that after such a consideration the authority can under section 51 limit the number of contract carriages & impose certain conditions on the use of the carriage: & that under section 67 when a representation regarding the number referred to ..... of the region or of such area, whether such representation is made in connection with a particular application for the grant of a contract carriage permit or otherwise, the regional transport authority may take any such steps as it considers appropriate for the bearing of the representation ..... kalka. they run passenger service on the simla hill road within the territory of the state of himachal pradesh, holding contract carriage permits for various vehicles, granted to them, under the motor vehicles act, 1939, by the provincial transport authority of the said state. the first appct. holds permits for two vehicles & ..... an appln. for a permit. the relevant provisions of the act for the disposal of applns. for grant, or renewal, of a contract carriage permit ate the following: 50. procedure of regional transport authority in considering application for contract carriage permit.--a regional transport authority shall, in deciding whether to .....

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Oct 29 1951 (HC)

Lal Chand Vs. the Collector of Sirmur and anr.

Court : Himachal Pradesh

Decided on : Oct-29-1951

Reported in : AIR1952HP16

..... specially in view of the terms of his notice under section 80, civil p c.; that the petitioner having been found guilty of breach of contract as a result of departmental enquiry, it was not open to him to claim the summary remedy by way of a writ; that the petitioner ..... and bearing of expenses of extraction, collection and delivery of resin at the factory by the government of the state. the contract was initially for a period of one year but subject to extension thereafter. there is a difference between the parties as to whether it was ..... department of the ex-nahan state. on 10th, poh, samvat 2004, corresponding to 24-12-1947, the state and the petitioner entered into a contract whereunder the latter was to extract resin and supply the same at a factory on certain terms and conditions, including receipt of commission by the petitioner ..... and ultra vires since the amount claimed does not fall within the purview of section 82 of the forest act.3. the respondents traversed the above allegations, and they pleaded that breach of contract had emanated from the petitioner and, as a result, a sum of rs. 200/10/3 was still ..... adjective 'ministerial' as 'concerned with the execution of law.' the respondents, who were concerned merely with the execution of the precept under section 82, forest act, received from the chief conservator of forests, were therefore nothing but 'minis-terial officers' within the intendment of the above quotation from halsbury. again, it was .....

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Mar 12 1951 (HC)

Bhagwati Charan Vs. Sunder Lal and anr.

Court : Himachal Pradesh

Decided on : Mar-12-1951

Reported in : AIR1951HP69

..... . sultan ali 54 p. r. 1903 and by bhide j. in sabhachand v. piare lal, 11 lah. 481. a fortiori, the enforcement of the punjab laws act, 1872, could not possibly have the effect of introducing into this state of himachal pradesh the customary laws generally prevalent amongst the agricultural tribes of the punjab. it follows, therefore, ..... chap. iii of his well-known digest of civil law, for the punjab chiefly based on the customary law, adoption partakes more of the character which the act assumed in the later roman law as a simple nominis heredis institutio: that is to say, it is more or less public institution by a sonless owner ..... in the punjab should also be followed in nahan.9. there is no doubt that since the formation of himachal pradesh the punjab laws act (iv [4] of 1872) has been enforced in this state, but the only effect of that, in view of the provisions of section 5 of that ..... of proving a custom, e.g., under sections 48 & 49 & clause (4) of 8. 33, evidence act, or by citations of judicial decisions under section 13 & of entries in riwaj-i-ams under section 35, evidence act ?11. the fact is that this question of the applicability of the aforesaid general customary law prevalent amongst the ..... act, is that the rule of decision in questions regarding various matters enumerated in the section, including adoption, shall be any custom applicable to the parties .....

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Jun 18 1951 (HC)

LaldIn Vs. the State

Court : Himachal Pradesh

Decided on : Jun-18-1951

Reported in : AIR1952HP3

..... case. wanting also is the most essential part of section 302, i. p. c., namely, the causing of the death of durga. the question of putting an interpretation on the act of the appellant in standing outside durga's 'dogri' therefore does not arise.11. the appeal is allowed, the conviction &sentence; of the appellant laldin are set aside, &the; learned ..... of possibility that by their said acts the appellant's companions meant merely to give durga a sound thrashing. there is therefore nothing in the statement of the appellant which shows that even his companions had the ..... on durga's chest, bhura catching hold of durga's arms and ranjha catching durga by the neck; bub these diverse acts of his companions were not such as to have necessarily led the appellant to the conclu-sion that those acts were a preliminary to murder. commission of murder having never been mentioned before him, it was well within the range .....

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Jun 27 1951 (HC)

Ranjha and anr. Vs. the State

Court : Himachal Pradesh

Decided on : Jun-27-1951

Reported in : AIR1951HP75

..... deceased by the arms & ranjha appellant throttled him to death. there was thus both the common intention to kill durga & that unity of criminal behaviour in carrying out the criminal act which has been referred to in the leading privy council case of barendra kumar v. emperor, 52 cal. 197. 20. i, therefore, hold that, even on discarding bhura's confession ..... case in the aforesaid ruling was a peculiar one, the magistrate had failed to specify under which of the alternative and inconsistent sub-sections of section 60, u. p. excise act, the conviction had been made, and for that reason it was held that the conviction was bad for duplicity. there were no such alternative or inconsistent provisions in the present ..... try to implicate the appellants falsely. in these circumstances, the maxim contained in illustration (b) to section 114, evidence act, does not apply to laldin, and the conviction of the present appellants would, as laid down in section 133 of that act, not be illegal merely because it proceeded upon his uncorroborated testimony. as it is, however, laldin's testimony does not .....

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Jul 20 1951 (HC)

Ranjha Vs. State

Court : Himachal Pradesh

Decided on : Jul-20-1951

Reported in : AIR1952HP5

..... for consideration of the authorities concerned the desirability of making some provision, either by an amendment of the judicial commissioners' court (declaration as high courts) act, 1950, or otherwise, whereby the salutary provision under section 377, criminal procedure code, of the making and signing of the confirmation of sentence of death by at ..... follow this procedure in passing the said 1950 act because the word modification in article 241(2) was tantamount to amendment.4. there appear to me to be three obvious objections to the tenability ..... made and signed by at least two judges. he further argued that this valuable right has been taken away from such persons under the said act of 1950 without the procedure for amendment of the constitution laid down in article 868 being followed. according to him it was necessary to ..... court subject to such modifications and exceptions as the parliament may by law provide. one of such exceptions and modifications made by the said act of 1950 was that the provisions of article 216 of the constitution shall not apply to this court, with the result that the court ..... parliament declared the court of the judicial commissioner of himachal pradesh to be a high court by the judicial commissioners' courts (declaration as high courts) acts, 1950, which came into force on 26-1-1950. under clause (2) of article 241 the provisions of chapter v of part vi of .....

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