Himachal Pradesh Court December 1960 Judgments
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Smt. Vindhya Basani Vs. Jadab Singh
Court: Himachal Pradesh
Decided on: Dec-29-1960
Reported in: AIR1961HP30
ORDERC.B. Capoor, J.C.1. The question for consideration is as to whether the court-fee paid on the memorandum of appeal is sufficient.2. The appellant is wife of the respondent. Land situate in village Jimjima belonged to the respondent. It had been assigned to the appellant in lieu of her maintenance. It was acquired by the Collector under the Land Acquisition Act. The compensation awarded by the learned Collector was apportioned between the respondent and the tenants of the said land. The appellant as the assignee of the said land claimed a right to be awarded the whole of the amount of compensation fixed by the learned Collector as the share of the respondent.That dispute was referred by the learned Collector to the Court under Section 30 of the Land Acquisition Act. The Court has apportioned the disputed amount between the parties in equal shares and it is against that order that an appeal has been filed. The appellant has paid a fixed court-fee of Rs. 15/- under Article 17(iii), S...
Collector Vs. Bakhshi Ram
Court: Himachal Pradesh
Decided on: Dec-25-1960
Reported in: AIR1961HP20
C.B. Capoor, J.C. 1. This is an appeal by the Collector Bilaspur and is directed against an order ofthe learned Additional District Judge Bilaspur whereby on a, reference under Section 18 of the Land Acquisition Act, hereinafter to be referred as the Act, a sum of Rs. 1150/- inclusive of the compulsory acquisition charges was awarded to the respondent as compensation in respect of house No. 332 situate in village Bhakra Pargana Kot Kehloor. The aforesaid house was within the range of 1700 R. L. and was intended to be acquired in connection with the construction of the Bhakra Dam.2. The Evaluation Division of the Bhakra Dam Administration assessed the value of the aforesaid house at Rs. 1000/-. No compensation was, however, awarded to the respondent in respect of it as by the time that the learned Collector made his award dated 9-11-1957 it had fallen down.3. Land at a short distance from the disputed house was dug upto a depth of 20 feet by men employed by the Bhakra Dam Administration...
Girdhari Lal Vs. Collector
Court: Himachal Pradesh
Decided on: Dec-02-1960
Reported in: AIR1961HP16
ORDERC.B. Capoor, J.C1. This petition purports to be under Article 226 of the Constitution of India, but the learned counsel for the petitioner has stated that it may be treated as one under Article 227.2. At the instance of the petitioner a reference was made to the Court under Section 18 of the Land Acquisition Act which has been dismissed on the ground that the petition of reference was filed after the expiry of the prescribed period of limitation and it is that order which is sought to be quashed by this petition.3. The main point that has been made out on behalf of the petitioner is that a notice as required by Section 9 or 12 of the Land Acquisition Act was not served upon him and that it was only on 1st March, 1959, that he came to know of the making of the award and that the period of limitation for the filing of a petition for reference should be computed from that date.4. It has not been denied on behalf of therespondent that a notice as required by Section 9Order 12 of the L...
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