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Judgment Search Results Home > Cases Phrase: partition act 1893 section 5 representation of parties under disability Court: himachal pradesh Page 1 of about 16 results (0.072 seconds)

Jan 07 2009 (HC)

Mohan Lal Sood and ors. Vs. Vinod Dogra and ors.

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC42

..... be used by the respondents that the photostat machine was installed with the consent of one of the landlord.14. from which ever angle, the evidence led by the parties is seen, it is clear that there is no evidence to show that the possession was parted with by the original tenant in favour of respondents no. 2 ..... or the petitioners had failed to prove that the premises were sub-let as held by the learned appellate authority.6. i have heard the learned counsel for the parties and have gone through the record of the case.7. the submissions made by the learned counsel for the petitioners/appellants were that respondents no. 2 and 3 ..... , j.1. this is a civil revision petition filed by the petitioners under section 24(5) of the h.p. urban rent control act, 1987, hereinafter referred to as 'rent act', against the order passed by the learned appellate authority-i, dated 1.4.2003, vide which the appeal filed by the petitioners against the order dated 28. ..... is clear that the ground of eviction of the tenant is available under section 14(2)(ii)(a) of the act, which reads as under:2 (ii) that the tenant has after the commencement of this act without the written consent of the land lord -(a) transferred his rights under the lease or sublet the entire building or rented land or any portion ..... . in view of the above discussion, it follows that there is no merit in the revision petition filed by the petitioners, which is dismissed accordingly. however, the parties are left to bear their own costs. .....

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May 18 2009 (HC)

Brahama Nand Vs. State of H.P.

Court : Himachal Pradesh

..... pleaded that the action of the gram panchayat vide ex.dw-6/a recording him as a lessee over the suit land is wrong.3. on the pleadings of the parties, the learned trial court settled ten issues. three of these issues, namely, (a) whether the plaintiff was co-owner in khasra no. 196, (b) whether this khasra number has been ..... -7/a and pw-7/b illegal and void?2. whether creation of lease under the provisions of punjab village common lands (regulation) act, 1961 precludes a lessee who is a co-sharer to effect partition with in the meaning of h.p. village common lands vesting and utilisation act, 1974 particularly when such lessee is also an interest holder being the resident of ..... -7/b have been passed in contravention of section 4 of the h.p. village common lands vesting and utilisation act, 1974?question no. 3:5. learned counsel appearing for the appellant urges that the judgment of the courts below cannot be sustained because they ignore ex.pw-7/c which is a document of partition. i cannot accept this contention as the document ..... lease to that extent. the tatima as for a possible shall be prepared only in respect of the land actually coming under the building. from the remaining land the allottee shall be ejected under section 150 of the himachal pradesh land revenue act.8. this very direction has been affirmed by the commissioner. the learned district judge while dismissing the appeal has also affirmed .....

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Mar 20 1991 (HC)

Himachal Road Transport Corporation, Simla Vs. Bhanno Mull and Sons

Court : Himachal Pradesh

Reported in : AIR1992HP37

..... which it was let out to him, without impairing the building in any manner, would not render the tenant liable for ejectment under section 14(2)(ii)(b) of the act. of course, each case will have to depend on its own facts. in the present case we have found that there was ..... not to convert it into a residential building. despite the fact that the definition of non-residential building remains unchanged under the punjab act, however, while interpreting section 13(2)(ii)(b) of the act, the courts had been moving on the principle that minor, non-substantial change in user and ancillary or subsidiary ..... the one for which the same had been let out and as such the petitioner had rendered itself liable for ejectment under section 14(2)(ii)(b) of the rent control act. it has also been held that there is no evidence to show that the consent of the landlord was obtained before ..... was stated by the petitioner's counsel that the use of 'non-residential building1 partly for the purpose of business or trade and partly for residence, under the amended definition, does not alter the nature of the building from 'non-residential building' to 'residential building', while respondent contended that the question ..... learned counsel for the parties and while doing so, some of the decisions, on which reliance was placed by them, are also being noticed.18. in (1965) 67 punj lr 58 (inder singh v. kalu ram), while interpreting section 13(2)(ii)(b) of the east punjab urban rent restriction act, 1949, faishaw, chief .....

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Jun 13 2012 (HC)

Ashok Sehgal Vs. State of H.P and Others

Court : Himachal Pradesh

..... prosecution. ? 19. the supreme court in bangaru laxman (supra) has held that the deeming clause in section 5(2) of the act is for a very limited purpose mentioned in sub-sections 1 to 5 of section 308 of the code. it has also been held that special judge under the act has the dual power of the sessions judge as well as that of a magistrate. the ..... conferment of power to tender pardon on the special judge in no way deprives the district magistrate of power to grant pardon under section 337 of the 1898 code. the section 5(2) of the act in substance is same as section 8(2) of the criminal law (amendment) act, 1952. in view of the interpretation given by the supreme court an irresistible conclusion is that magistrate ..... .] [(2b) in every case where the offence is punishable under section 161 or section 165 or section 165a of the indian penal code or sub-section (2) of section 5 of the prevention of corruption act, 1947, and where a person has accepted a tender of pardon and has been examined under sub-section (2), then, notwithstanding anything contained in sub-section (2a), a magistrate shall, without making any further inquiry ..... sanction is deemed to have been tendered under section 307 of the code. ? ??40. thus, on a harmonious reading of section 5(2) of the p.c. act with the provisions of section 306, specially section 306(2)(a) of the code and section 26 of the p.c. act, this court is of the opinion that the special judge under the p.c. act, while trying offences, has the dual .....

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Dec 12 1974 (HC)

Surjit Singh Vs. Pritam Singh

Court : Himachal Pradesh

..... in 1971 ren cj 899 (puai) a learned single judge of punjab high court while dealing with a case under section 4 of the punjab act, held that, a fair rent fixed by agreement of parties will not be a fair rent fixed by the court and hence the landlord charging in excess of that rent ..... public policy, and therefore the agreement was neither illegal nor unlawful nor did it affect the provisions of any law within the meaning of section 23 of the contract act. as regards bhagat ram v. smt. lilawati galib, ilr (1972) 1 him pra 345 = (air 1972 him pra 125) placed before us by the learned ..... fixing the fair rent. in that manner the converted his position to his detriment taking regard to the representation made by the tenant whereby the rent was fixed at rs. 75/- per month.46. in bahadur singh v. muni subrat dass, (1969) 2 scr 432 their lordships were considering a case of award which ..... area committee, cantonment board, as the case may be, relating to the period mentioned in clause : (a) (provided that, notwithstanding anything contained in sub-sections (3), (4) and (5), the fair rent for any building in the urban area of simla shall not exceed the basic rent).' '13. (l) a tenant in possession of ..... location. so long as the circumstances affecting the building remain the same, the fair rent must remain constant.5. in the determination of fair rent the controller is required by section 4 (1) of the act to hold an enquiry. it may be such enquiry as he thinks fit. but nonetheless it must be an .....

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Nov 08 2007 (HC)

Sewa Dass and ors. Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2007(3)ShimLC160

..... not relevant under section 6 of the evidence act.15. testimony of pw-7 brij bala sood, pardhan of the panchayat, with regard to ..... place of occurrence and the narration of the incident to pw-6 kamlesh devi and pw-5 sushila kumari, are so connected with each other as to form part of the same transaction and, therefore, are relevant under section 6 of the evidence act. therefore, testimony of pw-5 sushila kumari and pw-6 kamlesh devi at least, cannot be said to be hearsay or ..... preferred this appeal against the judgment of the trial court, whereby they stand convicted of offences, punishable under sections 376(2)(g), 341 and 323 read with section 34 of the indian penal code and sentenced as follows:under section 376 read rigorous imprisonment for 10 years and finewith section 34 ipc of rs. 10,000/- each; in default of paymentof fine rigorous imprisonment for a ..... ipc fine of rs. 500/- each; in default of paymentof fine, rigorous imprisonment for a furtherperiod of 2 months each.under section 341 read fine of rs. 500/- each; in default of paymentwith section 34 ipc of fine to undergo rigorous imprisonmentfor a period of one month each.2. appeal was filed by the appellants through counsel shri anup rattan, advocate. later on .....

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Jun 12 2007 (HC)

Bharat Ram and anr. Vs. Gita Ram and anr.

Court : Himachal Pradesh

Reported in : 2007(3)ShimLC220

..... civil courts. section 9 c.p.c. is as follows:courts to try all civil suits unless barred.- the ..... being a question as to title in any of the property of which partition is sought;xxx xxx xxxxxx xxx xxx10. the submission of the learned senior counsel is that jurisdiction of the civil court in partition matters is barred by section 171. an application for partition lies under section 23 of the act. section 9 of the code of civil procedure deals with the jurisdiction of the ..... foreign to the scope of proceedings under the act, would apply to this case also with all force, that is on the provisions of section 25 of the act, as it stands. even that apart in state of t.n. v. ramalinga samigal madam, this court, after adverting to dhulabhai case held that questions relating to disputed claims of parties for title to an immovable property ..... as were in the trial court.2. the facts, in brief, are that the plaintiffs and defendants are the sons and daughter of sukh ram. the plaintiffs filed suit for partition of property detailed in schedule-i to the plaint, rendition of accounts, permanent prohibitory injunction restraining defendants from transferring, alienating, changing the nature of the suit property.3. the further .....

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Mar 27 2001 (HC)

Hushan Kaushal and ors. Vs. Bal Raj and ors.

Court : Himachal Pradesh

Reported in : AIR2002HP94

..... joint property and desires to separate his share from the other co-sharers, he must sue for possession and partition and in such a case he must pay ad valorem court-fee on his share under section 7(lv)(b) of the court-fees act. 1870. 18. to the similar effect has been by the full bench of bombay high court in shankar marutl ..... , 1870 and a fixed court-fee is payable. section 7(iv)(b) would not apply to such ..... -fees act, 1968) or by section 7(iv)(b) or section 7(v) of the court-fees act, 1870. 17. following the ratio laid down by the full bench of the lahore high court in asa ram v. jagan nath, air 1934 lahore 563, it was held that in a suit for partition of joint property, where the plaintiff alleges joint possession, the suit would fall under art ..... . 17(vi) of second schedule of court-fees act .....

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Sep 24 1981 (HC)

Tilak Raj Vs. Dinesh Kumar and ors.

Court : Himachal Pradesh

Reported in : AIR1982HP62

..... chand sharma as receiver.2. the facts and circumstances as they emerge from the record may be stated.3. the dispute between the parties relates to a shop situated in chohatta bazar, mandi. the petitioner filed an application under section 145 cr. p. c. on 24th april, 1978, alleging that the respondents overlooked the disputed shop in his absence on 1st april, 1978 ..... and were threatening him that in case he entered the shop he would be killed. the learned sub divisional magistrate concerned after passing the preliminary order under section 145 cr. p. c. recorded the evidence of the parties and came to the conclusion that the actual possession of the shop was with the petitioner tilak raj and passed the order accordingly. the respondents ..... courts below have acted without jurisdiction in appointing a stranger as a receiver. he has invited my attention to the decision in narayan chandra sahu v. abhimanyu sahu (air 1980 ori 118). in this judgment, it was observed that it is not justified that a third party be appointed as a receiver during the pendency of the partition suit between the parties as that could ..... both the parties that the petitioner is appointed as a receiver instead of a stranger and, in order to safeguard the interests of the respondents, his appointment is made subject to certain terms and conditions. the operative portion of the order passed by t. u. mehta, c. j., has been reproduced earlier above. that being a decision in the proceedings under section 145 .....

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May 19 2010 (HC)

Bishamber Lal Vs. Rajinder Parshad and ors.

Court : Himachal Pradesh

..... of creation of tenancy by defendant no. 3 i.e. one of the co-owners. once there has been no family settlement in between the parties and no partition has been effected in between the legal heirs of the deceased ghungar mall, the receiving of rent by one of the co-owners or creation of ..... effected in presence of the sisters, who were not made a witness to the same. thus, it is clear that the two sisters were not party to the partition deed, allegedly executed in between the three sons of the deceased ghungar mall.11. coming to the document ext.pw-1/a, i do not ..... tenancy does not make him the exclusive owner of the property in question until and unless there is a partition in between the parties. the document in question could not have been acted upon in the absence of proper proof or registration and that was made the basis by the learned trial court ..... a family settlement between the plaintiff and his brothers shri rajinder prasad, defendant no. 3, and vijay kumar, which was effected in between the parties through a memo of partition executed on 25.3.1981. it was alleged that the premises in occupation of defendant no. 1 as tenant on monthly rent of rs. 30 ..... by the appellant under section 100 of the cpc read with section 20 of the himachal courts act, 1972, against the judgment and decree, dated 4.8.2005, passed by the learned additional district judge (fast track court), shimla, setting aside the judgment and decree of the court of learned sub judge, court no. v dated 27.9. .....

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