Himachal Pradesh Court January 1953 Judgments
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State of Himachal Pradesh Vs. Lalchand Shahi
Court: Himachal Pradesh
Decided on: Jan-15-1953
Reported in: AIR1953HP75
Chowdhry, J.C.1. This is a defendant's appeal under Section 39(1)(v), Arbitration Act (10 of 1940) from an order of the Senior Subordinate Judge of Sirmur dated 24-7-1952 refusing to stay legal proceedings on an application to that effect having been made before him by the appellant under Section 34 of the Act.2. The plaintiff-respondent filed this suit for recovery of Rs. 7,886/9/6 on account of balance of price of empty tins, refund of security deposit etc., on foot of an agreement. The agreement contained an arbitration clause to the effect that in case of any dispute arising between the parties the matter would be referred to the arbitration of the Conservator of Forests and his decision shall be final.3. The suit was filed on 15-12-1951 and summonses were issued to the defendant-appellant fixing 29-2-1952 for settlement of issues. The order-sheet of that date is to the following effect: 'Present: Plaintiff through Sri L. D. Varma, Pleader and Sri Dalip Singh, Advocate for the defe...
Devi Ram and anr. Vs. Murli and ors.
Court: Himachal Pradesh
Decided on: Jan-15-1953
Reported in: AIR1953HP89
ORDERChowdhry, J.C.1. This is a defendants' application in revision, and it arises in the following circumstances.2. The plaintiff-respondent filed a suit against the defendants-petitioners for recovery of possession of an agricultural holding two bighas in area and Rs. 424/- as mesne profits, being value of produce of the land from Sayar 1950 to Nyah 1952, on the allegations that the land belonged to the plaintiff but was in wrongful possession of the defendants, that the plaintiff accordingly dispossessed them and himself obtained possession of the land, but that the defendants had again usurped possession thereon since Sayar of 1950. The defendants traversed the plaint allegations and set their own title, and they also pleaded that as the relief of recovery of mesne profits could only be granted by a revenue Court the entire suit was liable to be returned for presentation to that Court.3. The trial Court framed the preliminary issue as to whether the suit was not triable by a civil ...
Dhingroo Mall Vs. the Financial Commr. and anr.
Court: Himachal Pradesh
Decided on: Jan-10-1953
Reported in: AIR1953HP74
ORDERChowdhry, J.C.1. This is a petition by one Dhingroo Mall under Article 226 of the Constitution for issue of writs of certiorari and prohibition restraining the respondents, the Financial Com-missioner, Himachal Pradesh and the State of Himachal Pradesh, from dispossessing the peti-tioner from land measuring 24 bighas and 7 biswas comprising Khewat Khataunj No. 1/1, Khasra Nos. 643, 645 and 649, and house pro-perty appurtenant thereto, situate in Chak Nar, Tehsil Chopal, District Mahasu.2. The petitioner applied on 14-4-1948 to the Raja of Jubbal for the grant of the said land to him on the ground of subsistence. The application was sent down through the Chief Executive Officer to the Collector for disposal. The Collector asked for a report from the Tehsildar of Chopal. The Tehsildar reported that the land was part of the private Bassa of the Raja, and that the Raja had previously not agreed to its being given for cultivation. The Tehsildar suggested that until final decision of th...
State of Himachal Pradesh Vs. Chamba Valley Transport Ltd.
Court: Himachal Pradesh
Decided on: Jan-07-1953
Reported in: AIR1953HP77
ORDERChowdhry, J.C.1. This Court by its decision dated 11-8-1952 issued, on the application of the Chamba Valley Transport Ltd. under Article 226 of the Constitution, a writ in the nature of 'mandamus' to the State of Himachal Pradesh, to withdraw the notice prohibiting the petitioner from plying motor transport on a certain route until transport business is nationalised by legislation, and to hear and dispose of ac-cording to law any application which the petitioner might make for permitting it to ply motor transport on that route. The present application has been filed by the Slate of Himachal Pradesh for a certificate under Article 132(1) of the Constitution that the case involves a substantial question of law as to the interpretation of the Constitution. The application has been opposed on behalf of the Chamba Valley Transport Limited.2. Various grounds have been set forth in the present petition. Some relate to matters which were never adjudicated upon by this Court (e.g. whether ...
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