Himachal Pradesh Court January 1951 Judgments
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Baghat Transport Service Ltd. and ors. Vs. the State of Himachal Prade ...
Court: Himachal Pradesh
Decided on: Jan-22-1951
Reported in: AIR1951HP36
ORDERChowdhry, J. 1. These are seven apolns. for writs of mandamus and prohibition under Article 226, Const Ind. The appcts. are: (1) Messrs. Baghat Transport Service Ltd. Solan, through Sardar Dalip Singh, its director, (2) Sm. Durga Devi of Kalka, (3) Pandit Hari Ram Sharma of Premier Motor Service, Kalka, (4) Messrs. Bhan Singh Hari Singh, through Bhan Singh of Solan, (5) Prabh Dyal of Kalka, (6) Siri Ram of Kalka & (7) Rajinder Kumar of 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 & the third for three, & the rest of them hold permits for one vehicle each.2. All the seven appcts were originally granted permits for their respective vehicles on 1.4.1949 for a period of one year. Those permits were later on r...
Jagarnath and ors. Vs. Gayaroo and ors.
Court: Himachal Pradesh
Decided on: Jan-02-1951
Reported in: AIR1951HP51
ORDERChowdhry, J. 1. This reference is by the Subordinate Judge first class Kasumpti under Section 99, Punjab Tenancy Act (XVI [16] of 1887) because he enter, tains a doubt whether he is precluded from taking cognizance of a suit instituted in his Ct.3. The pltfs. in the suit instituted in the Cfc. of the Subordinate Judge are Jagarnath & his two minor brothers Arjan and Gita Ram, and the defts. are Gayarao & his brothers Dragoo and Masania. The former are landlords of two bighas and thirteen biswas of land in village Barog Manlog, Tehail Arki, District Mahasu. Tha defts., who were tenants-at-will of the land, were dispossessed by the pltfa. The defts. thereupon 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 a right of occupancy and did n...
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