Himachal Pradesh Court May 1961 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Shri Aridaman Nath Vs. the Union of India (Uoi) and anr.
Court: Himachal Pradesh
Decided on: May-30-1961
Reported in: AIR1962HP41
ORDERC.B. Capoor, J.C.1. This is a petition under Article 228 of the Constitution of India and arises out of the following circumstances:--2. By an order dated 5th July, 1952, the petitioner; was selected for appointment as Factory Manager, Himachal Rosin and Turpentine Factory Nahan, at Rs. 250/- p. m. in the scale of Rs. 250-10-450. He was to be on probation for a period of one year from the date of joining. He took over charge of the aforesaid post on 14-7-1952. The period of probation expired on 14-7-1953 and was not extended. He continued to hold the aforesaid post till 20-5-1959 when he was transferred to Paonta as Superintendent of Potteries Centre in the pay scale of Rs. 300-25-450, The petitioner's pay as Superintendent Potteries Centre was fixed at Rs. 310/- p.m. By a telegram dated 28-3-1980 the petitioner was required to hand over charge to one Shri Bhattacharji and to report for duty at Simla. He handed over charge on 31-3-1960 and reported for duty to the Director of Indu...
Union of India (Uoi) Vs. Wazir Chand and anr.
Court: Himachal Pradesh
Decided on: May-27-1961
Reported in: AIR1962HP24
C.B. Capoor, J.C. 1. This appeal by the Union of India is directed against an order of Shri Sant Ram, the then Senior Subordinate Judge of Chamba whereby an agreement for reference to arbitration was ordered to be filed. 2. An agreement dated 1-11-1950 was entered into between Trilok Chand Mahajan, respondent No. 2, and the Chief Commissioner Himachal Pradesh whereby the former agreed to Purchase and the latter agreed to sell the right to extract, collect and export certain medicinal herbs out of the forests of Chamba district except for certain regions thereof. The agreement was to be operative for one year with effect from 1-9-1950. One of the terms of agreement was that if differences will arise with regard to the construction or any matter or thing touching the agreement the said dispute shall be referred to the sole arbitration of the Deputy Commissioner Mandi district. Differences arose between Trilok Chand and the officers of the Forest Department. The grievance of the aforesaid...
Devi Singh Vs. Tara Chand
Court: Himachal Pradesh
Decided on: May-20-1961
Reported in: AIR1962HP8
C.B. Capoor, J.C.1. This appeal by the judgment-debtor is directed against an appellate order of the learned District Judge Mandi and Chamba Districts whereby an appeal preferred by the appellant against an order of the learned Senior Sub-Judge dismissing an objection under Sections 47 and 151 of C. P. C., was dismissed on the ground that no appeal lay. The respondent -- a stranger to the decree -- had purchased at auction certain property and an application was made by him for delivery of possession of the said property.That application was resisted by the judgment-debtor appellant on a variety of grounds which did not find favour with the learned Senior Sub-Judge, and as already observed an appeal filed by the appellant before the learned District Judge was dismissed on the ground that the objections raised did not relate to execution, discharge or satisfaction of the decree and as such Section 47 of C. P. C. did not apply and no appeal lay.2. A preliminary objection has been raised ...
Dittu Ram Vs. Amar Chand
Court: Himachal Pradesh
Decided on: May-10-1961
Reported in: AIR1961HP46
ORDERC.B. Capoor, J.C.1. This application in revision by Dittu Ram is directed against an order of Shri T.C. Rewal, the then Senior Subordinate Judge, Mahasu.2. The respondent had filed a suit for rendition of accounts and dissolution of partnership against the petitioner. Subsequent to the filing ot the written-statement, leave to amend the plaint was granted and an amended plaint was put in on 30-5-1960 and the petitioner was required to file a written-statement by 20-6-1960. A replication was filed by the respondent and an objection was raised that the petitioner had in the supplementary written-statement put forward pleas which were inconsistent with some of the pleas put forward in the written-statement initially filed and were foreign to the fresh matter introduced on amendment of the plaint. That objection prevailed with the learned trial Court and by the order sought to be revised the new and inconsistent pleas raised by the petitioner were directed to be ignored. 3. A prelimin...
Govardhan Vs. Union of India (Uoi)
Court: Himachal Pradesh
Decided on: May-06-1961
Reported in: 1961CriLJ475
C.B. Capoor, J.1. This is an appeal by Govardhan resident of village Gonthla against an order of the Sessions Judge Mandi and Chamba Districts convicting him of an offence under Section 802 of I.P.C. and sentencing him to undergo imprisonment for life. (2) Briefly stated the prosecution case was as below:Smt. Rukmani is the wife of the appellant. For some time prior to the incident under consideration the relations between the two had become strained and the husband suspected that the estrangement between them was due to the witchcraft practised by Jhanu deceased. On 26th of May 1960 the deceased went to the house of the appellant. At that time Devi Ram Pw. 6 was also sitting there. The appellant offered liquor to them and all the three persons partook of it. Shortly afterwards Devi Ram left the place. The remaining two persons had seme more liquor and the deceased began to recite some Mantras, This was objected to by the appellant but to no result. The appellant had an amulet found hi...
Bipal Lal Vs. Dass
Court: Himachal Pradesh
Decided on: May-04-1961
Reported in: AIR1962HP14
C.B. Capoor, J.C.1. This appeal by the decree-holder is directed against an order of Shri N.D. Gupta, the then Additional Subordinate Judge Mandi whereby on a preliminary objection raised by the appellant it was held that the Court was competent to go into the question that the execution application was barred by the law of limitation.2. The appellant had obtained a decree against the judgment-debtor in the Court of the Senior Subordinate Judge, Mahasu. The aforesaid decree was transferred to the District Judge, Mandi for execution who in due course transferred the case to the Additional Subordinate Judge, Mandi, for disposal.3. An objection petition under Section 47 of Civil Procedure Code was filed by the judgment-debtor and one of the grounds of objection was that the execution application was barred by the law of limitation. On behalf of the appellant a preliminary objection was raised that the transferee Court was not competent to go into the question as to whether the execution a...
Smt. Gaurju Vs. Tara Chand
Court: Himachal Pradesh
Decided on: May-04-1961
Reported in: AIR1962HP4
G.B. Capoor, J.C.1. This second appeal by Smt. Gaurju is directed against an appellate judgment and decree of the learned District Judge Mandi and Chamba Districts affirming the judgment and decree of the learned Additional Sub-Judge Mandi dismissing the suit filed by the appellant for cancellation of a gift and for recovery of possession of the land which was the subject-matter of the gift.2. The appellant, Smt. Gaurju is the mother-in-law of the respondent Tara Chand. She had gifted the disputed land in favour of the respondent on the condition that he would maintain her during her lifetime and would perform her obsequies after her death. The mutation of the aforesaid gift was sanctioned on 10-6-49. The respondent ceased to maintain her for about three months prior to the institution of the suit and as such she has become entitled to recover possession of the disputed property.3. The defendant respondent repudiated that the gift was subject to any condition as alleged in the plaint a...
- ‹ Prev
- Next ›