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Judgment Search Results Home > Cases Phrase: hindu marriage act Court: himachal Year: 1961 Page 1 of about 3 results (0.013 seconds)

Aug 01 1961 (HC)

Shri Amar Chand Butail and anr. Vs. the Union of India (Uoi) and ors.

Court : Himachal Pradesh

Decided on : Aug-01-1961

Reported in : AIR1962HP43

..... crown, before the integration of the states into united state of vindhya pradesh and their subsequent accession to the indian dominion, cannot be revoked as act of state by the state (of uttar pradesh) in consultation with government of india, after the coming into force of tne constitution and it was ..... but questions the very jurisdiction of the courts to pronounce upon the legality or justice of the action. (para 16) the essence of an act of state is the exercise of sovereign power and that is done arbitrarily, on principles either outside or paramount to the municipal law. the fact ..... belonging to quondum states. in either case, there is establishment of new sovereignty over the territory in question, and that therefore the covenant was an act of the state. it was a treatyentered into by rulers of independent states, by which they gave up their sovereignty over their respective territories, ..... officers to show that their action which is under challenge is within the authority conferred on them by law. altogether different considerations arise when the act of the sovereign has reference not to the rights of his subjects but to acquisition of territories belonging to another sovereign. that is a ..... respondent no. 1 to the extent of the benefit derived by them in connection with the aforesaid transactions.25. section 70 of the indian contract act runs as below:--'where a person lawfully does anything for another person, or delivers anything to him not intending to do so gratuitously, and .....

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May 04 1961 (HC)

Smt. Gaurju Vs. Tara Chand

Court : Himachal Pradesh

Decided on : May-04-1961

Reported in : AIR1962HP4

..... behalf of the appellant that the gift in question was vitiated by fraud, coercion or undue influence or was made with the intention to defeat the creditors and under the hindu law an unconditional gift once, completed cannot be revoked.14. i, therefore, see no reason to differ from the conclusion reached by the learned district judge.15. the appeal is ..... v. lakshmi bai, air 1930 all 669, and jagat singh v. rungar singh, air 1951 all 599. in the former case it is true, the following observation was made :'under hindu law, if a person makes a gift to another in expectation that the donee will do more work in consideration of the gift it follows that if the donee failed ..... , which has been relied upon in the judgment of the learned appellate court as also on behalf of the respondent, was also based on section 126 of transfer of property act, and as such it was not applicable to the instant case. the observations made therein may, however, be usefully referred to. they were as below:'the present case cannot be ..... right to revoke the gift if the donee failed to maintain the donor.12. the aforesaid case again was based on the interpretation of section 126 of transfer of property act and it was conceded by the learned counsel for the appellant that that section did not apply to the instant case. the case of venkatasubbaiah v. m. subbamma, air 1956 .....

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Jul 11 1961 (HC)

Rajkumar Rajindra Singh Vs. H.P. Administration and anr.

Court : Himachal Pradesh

Decided on : Jul-11-1961

Reported in : AIR1964HP19

..... be applicable tothe instant case as that section did not exhaustively deal with the principle of estoppel and myattention was invited to sections 41 and 43 ofthe transfer of property act. none of those sections has, however, any application whatsoever to the instant case. the conditions requisite for the application of section 41 are thatthere must be an ostensible owner ..... thereon and was justified in so doing and that he was prejudiced thereby - - - -. no estoppel arises where the conduct relied on to create the estoppel was superinduced by the acts of the party invoking the doctrine.'38. on page 707 of phipson on evidence 9thedition, the following observations have beenmade: 'if two people with the same source of information assert ..... administration forest department to the petitioner: annexure ry. (g) notification dated 10th of june, 1959 made by the himachal pradesh government under section 4 of the himachal pradesh private forests act regarding khasra nos. 1 and 606. reference to the aforesaid notification was made in the letter annexure o. 30. broadly speaking the aforesaid documentary evidence may be divided into two ..... union territory. article 239(1) of the constitution of india runs as below:'save as otherwise provided by parliament by law, every union territory shall be administered by the president acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.'8. the petitioner has impleaded neither the .....

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